2002 No. 553
The Health Authorities (Establishment and Abolition) (England) Order 2002
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred on him by sections 8(1) to (4) and (6) and 126(3), (4) and (5) of the National Health Service Act 19771 and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19922, hereby makes the following Order:
Citation, commencement, extent and interpretation1
1
This Order may be cited as the Health Authorities (Establishment and Abolition) (England) Order 2002 and shall come into force on 1st April 2002.
2
This Order extends to England only.
3
In this Order—
“the Act” means the National Health Service Act 1977;
“Glossop” means the wards of All Saints, Gamesley, St. Andrews, St. Charles, St. James, St. Johns, Simmondley and Tintwistle within the borough of High Peak in the county of Derbyshire;
“local representative committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee recognised under section 44 of the Act3;
“the material date” means 1st April 2002;
“the new Authorities” means the Health Authorities established by this Order, which are specified in Schedule 1 to this Order;
“the old Authorities” means the Health Authorities specified in column (1) of Schedule 2 to this Order;
“the 1992 Regulations” means the National Health Service (Service Committees and Tribunals) Regulations 19924;
“relevant health service body” has the same meaning as in section 925 of the Act;
“the relevant new Authority” means, in relation to any old Authority specified in column (1) of Schedule 2 to this Order, the new Authority which is specified in column (2) of that Schedule in relation to that old Authority.
Abolition of Health Authorities2
The old Authorities are abolished.
Establishment, names and areas of the new Authorities3
For each of the areas described in column (2) of Schedule 1 to this Order there is established a Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.
Transfer of property, rights and liabilities4
1
Subject to paragraph (2) and article 8 below, all the property, rights and liabilities of the old Authorities are transferred in each case from the old Authority in question to the relevant new Authority.
2
Paragraph (1) above does not apply to any property, rights or liabilities which are to be transferred on the material date to a relevant health service body by an order under section 92 of the Act.
Accounts of old Authorities5
Any duty imposed on any of the old Authorities by or under section 986 of the Act, but not performed by the material date, shall be performed by the relevant new Authority.
Winding up of affairs of old Authorities6
It is the duty of each new Authority to take such action as may be necessary for the winding up of the affairs of any old Authority in relation to which it is the relevant new Authority.
Provision for continuity in the exercise of functions7
1
Subject to paragraph (2) and articles 8 and 9 below, anything done by or in relation to any of the old Authorities shall be deemed to have been done by or in relation to the relevant new Authority.
2
Paragraph (1) above does not apply to any recognition granted by any of the old Authorities in relation to any local representative committee.
3
Any instrument made by any of the old Authorities continues in force in relation to the relevant new Authority until it is varied or revoked by the relevant new Authority.
4
Any form supplied by any of the old Authorities, or any form supplied by the Secretary of State in relation to any of the old Authorities continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the relevant new Authority.
Special provision on rights, liabilities and functions in relation to Glossop8
1
Where any rights or liabilities of the old Authority known as the West Pennine Health Authority were respectively acquired or incurred in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, those rights and liabilities are transferred to the new Health Authority known as the Trent Health Authority.
2
Where anything was done by or in relation to the old Health Authority known as the West Pennine Health Authority in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, the thing shall be deemed to have been done by or in relation to the new Health Authority known as the Trent Health Authority.
Committees appointed or recognised by the old Authorities9
1
Subject to paragraphs (2) to (7) below, a reference committee or a professional committee appointed by an old Authority under regulation 3(4) or 15 of the 1992 Regulations, or a discipline committee appointed by an old Authority under regulation 3(1) of those Regulations, may, notwithstanding the abolition of the old Authority by this Order, exercise any relevant functions under those Regulations, in relation to any matter which was referred to it before the material date, as if it were a committee appointed by the relevant new Authority.
2
Paragraph (3) below applies where—
a
before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to another old Authority (B) for investigation by a discipline committee appointed by that Authority;
b
the hearing before the discipline committee has not taken place before the material date;
c
by virtue of article 7 above, the acts done by (A) and (B) are deemed to have been done by a new Authority (C); and
d
by virtue of paragraph (1) above, the discipline committee investigating the matter is also deemed to have been appointed by the new Authority (C).
3
Where this paragraph applies, the new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (D) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (C), for the investigation to be continued by a discipline committee appointed by that new Authority (D).
4
Where the investigation of a matter is transferred as referred to in paragraph (3) above—
a
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (D); and
b
anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (D).
5
Paragraph (6) below applies where—
a
before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to an old Authority (B) for investigation by a discipline committee appointed by that Authority;
b
the hearing before the discipline committee has not taken place before the material date;
c
by virtue of article 7 above, a new Authority (C) is deemed to be the Authority to which the matter has been referred for investigation;
d
by virtue of article 7 above, a new Authority (D) is deemed to be the Authority which referred the matter for investigation; and
e
by virtue of paragraph (1) above, the discipline committee investigating the matter is deemed to have been appointed jointly by the new Authority (C) and by the new Authority (D) (whether or not together with another new Authority or Authorities).
6
Where this paragraph applies, new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (E) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (D), for the investigation to be continued by a discipline committee appointed by new Authority (E).
7
Where the investigation of a matter is transferred as referred to in paragraph (6) above—
a
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (E); and
b
anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (E).
8
A local representative committee recognised by an old Authority, may, notwithstanding the abolition of the old Authority by this Order, exercise any functions given to it under—
a
the 1992 Regulations;
b
the National Health Service (General Dental Services) Regulations 19927;
c
the National Health Service (General Medical Services) Regulations 19928;
d
the National Health Service (General Ophthalmic Services) Regulations 19869;
e
the National Health Service (Pharmaceutical Services) Regulations 199210;
f
the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 199711; or
g
the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 199912,
in relation to any matter which was referred to it, or initiated by it, before the material date, as if it were a committee recognised by the relevant new Authority.
9
A joint committee of two or more Local Medical Committees recognised under section 44 of the Act, which is constituted under regulation 16 of the 1992 Regulations, may, notwithstanding the abolition by this Order of the old Authorities which recognised those Committees, exercise any functions given to it under that regulation 16, in relation to any matter which was referred to it before the material date, as if it were a joint committee so constituted of Local Medical Committees recognised by the relevant new Authority.
Investigation of complaints by the Health Service Commissioner10
1
A complaint made under the Health Service Commissioners Act 199313 to the Health Service Commissioner for England in relation to any of the old Authorities, whether made before, on or after the material date may be investigated by the Commissioner notwithstanding the abolition of the old Authorities, as if the complaint has been made in relation to the relevant new Authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new Authority.
Revocation11
The orders specified in Schedule 3 to this Order are revoked.
Signed by authority of the Secretary of State for Health
SCHEDULE 1NEW AUTHORITIES AND THEIR AREAS
Column (1) | Column (2) |
|---|---|
Name of new Authority | Description of local government area |
Avon, Gloucestershire and Wiltshire Health Authority | The counties of Gloucestershire and Wiltshire. |
The cities of Bath and Bristol. | |
The districts of North East Somerset, North Somerset, South Gloucestershire and Swindon. | |
Bedfordshire and Hertfordshire Health Authority | The counties of Bedfordshire and Hertfordshire. |
The district of Luton. | |
Birmingham and the Black Country Health Authority | The cities of Birmingham and Wolverhampton. |
The boroughs of Dudley, Sandwell, Solihull and Walsall. | |
Cheshire & Merseyside Health Authority | The county of Cheshire. |
The city of Liverpool. | |
The boroughs of Halton, Knowsley, St Helens, Sefton and Wirral. | |
The district of Warrington. | |
County Durham and Tees Valley Health Authority | The county of Durham. |
The districts of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees. | |
Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority | The counties of Herefordshire, Warwickshire and Worcestershire. |
The city of Coventry. | |
Cumbria and Lancashire Health Authority | The counties of Cumbria and Lancashire. |
The districts of Blackburn with Darwen and Blackpool. | |
Dorset and Somerset Health Authority | The counties of Dorset and Somerset. |
The districts of Bournemouth and Poole. | |
Essex Health Authority | The county of Essex. |
The districts of Southend on Sea and Thurrock. | |
Greater Manchester Health Authority | The cities of Manchester and Salford. |
The boroughs of Bolton, Bury, Oldham, Rochdale, Stockport, Tameside and Wigan. | |
The district of Trafford. | |
Hampshire and Isle of Wight Health Authority | The counties of Hampshire and the Isle of Wight. |
The cities of Portsmouth and Southampton. | |
Kent and Medway Health Authority | The county of Kent. |
The district of Medway. | |
Leicestershire, Northamptonshire and Rutland Health Authority | The counties of Leicestershire, Northamptonshire and Rutland. |
The city of Leicester. | |
Norfolk, Suffolk and Cambridgeshire Health Authority | The counties of Cambridgeshire, Norfolk, and Suffolk. |
The city of Peterborough. | |
North and East Yorkshire and Northern Lincolnshire Health Authority | The cities of Kingston-upon-Hull and York. |
The districts of East Riding of Yorkshire, North-East Lincolnshire, North Lincolnshire, and North Yorkshire. | |
North Central London Health Authority | The London boroughs of Barnet, Camden, Enfield, Haringey and Islington. |
North East London Health Authority | The City of London. |
The Inner Temple. | |
The Middle Temple. | |
The London boroughs of Barking and Dagenham, Hackney, Havering, Newham, Redbridge, Tower Hamlets and Waltham Forest. | |
North West London Health Authority | The London boroughs of Brent, Ealing, Hammersmith and Fulham, Harrow, Hillingdon and Hounslow. |
The city of Westminster. | |
The Royal borough of Kensington and Chelsea. | |
Northumberland, Tyne & Wear Health Authority | The county of Northumberland. |
The cities of Newcastle-upon-Tyne and Sunderland. | |
The boroughs of Gateshead, North Tyneside and South Tyneside. | |
Shropshire and Staffordshire Health Authority | The counties of Shropshire and Staffordshire. |
The city of Stoke-on-Trent. | |
The district of Telford and the Wrekin. | |
South East London Health Authority | The London boroughs of Bexley, Bromley, Greenwich, Lambeth, Lewisham and Southwark. |
South West London Health Authority | The London boroughs of Croydon, Kingston, Merton, Richmond, Sutton and Wandsworth. |
South West Peninsula Health Authority | The counties of Cornwall and Devon. |
The Isles of Scilly. | |
The city of Plymouth. | |
The borough of Torbay. | |
South Yorkshire Health Authority | The city of Sheffield. |
The boroughs of Barnsley, Doncaster and Rotherham. | |
Surrey and Sussex Health Authority | The counties of East Sussex, Surrey and West Sussex. |
The city of Brighton and Hove. | |
Thames Valley Health Authority | The counties of Buckinghamshire and Oxfordshire. |
The city of Milton Keynes. | |
The districts of Bracknell Forest, Reading, Slough, West Berkshire, Windsor and Maidenhead and Wokingham. | |
Trent Health Authority | The counties of Derbyshire, Lincolnshire and Nottinghamshire. |
The cities of Derby and Nottingham. | |
West Yorkshire Health Authority | The cities of Bradford, Leeds and Wakefield. |
The boroughs of Calderdale and Kirklees. |
SCHEDULE 2RELEVANT NEW AUTHORITIES
Column (1) | Column (2) |
|---|---|
Name of old Authority | Name of relevant new Authority |
Avon Health Authority | Avon, Gloucestershire and Wiltshire Health Authority |
Barking & Havering Health Authority | North East London Health Authority |
Barnet, Enfield and Haringey Health Authority | North Central London Health Authority |
Barnsley Health Authority | South Yorkshire Health Authority |
Bedfordshire Health Authority | Bedfordshire and Hertfordshire Health Authority |
Berkshire Health Authority | Thames Valley Health Authority |
Bexley, Bromley and Greenwich Health Authority | South East London Health Authority |
Birmingham Health Authority | Birmingham and the Black Country Health Authority |
Bradford Health Authority | West Yorkshire Health Authority |
Brent & Harrow Health Authority | North West London Health Authority |
Buckinghamshire Health Authority | Thames Valley Health Authority |
Bury and Rochdale Health Authority | Greater Manchester Health Authority |
Calderdale and Kirklees Health Authority | West Yorkshire Health Authority |
Cambridgeshire Health Authority | Norfolk, Suffolk and Cambridgeshire Health Authority |
Camden & Islington Health Authority | North Central London Health Authority |
Cornwall and Isles of Scilly Health Authority | South West Peninsula Health Authority |
County Durham and Darlington Health Authority | County Durham and Tees Valley Health Authority |
Coventry Health Authority | Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority |
Croydon Health Authority | South West London Health Authority |
Doncaster Health Authority | South Yorkshire Health Authority |
Dorset Health Authority | Dorset and Somerset Health Authority |
Dudley Health Authority | Birmingham and the Black Country Health Authority |
Ealing, Hammersmith & Hounslow Health Authority | North West London Health Authority |
East Kent Health Authority | Kent and Medway Health Authority |
East Lancashire Health Authority | Cumbria and Lancashire Health Authority |
East London and The City Health Authority | North East London Health Authority |
East Riding and Hull Health Authority | North and East Yorkshire and Northern Lincolnshire Health Authority |
East Surrey Health Authority | Surrey and Sussex Health Authority |
East Sussex, Brighton and Hove Health Authority | Surrey and Sussex Health Authority |
Gateshead and South Tyneside Health Authority | Northumberland, Tyne & Wear Health Authority |
Gloucestershire Health Authority | Avon, Gloucestershire and Wiltshire Health Authority |
Herefordshire Health Authority | Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority |
Hertfordshire Health Authority | Bedfordshire and Hertfordshire Health Authority |
Hillingdon Health Authority | North West London Health Authority |
Isle of Wight, Portsmouth and South East Hampshire Health Authority | Hampshire and Isle of Wight Health Authority |
Kensington & Chelsea and Westminster Health Authority | North West London Health Authority |
Kingston and Richmond Health Authority | South West London Health Authority |
Lambeth, Southwark and Lewisham Health Authority | South East London Health Authority |
Leeds Health Authority | West Yorkshire Health Authority |
Leicestershire Health Authority | Leicestershire, Northamptonshire and Rutland Health Authority |
Lincolnshire Health Authority | Trent Health Authority |
Liverpool Health Authority | Cheshire & Merseyside Health Authority |
Manchester Health Authority | Greater Manchester Health Authority |
Merton, Sutton and Wandsworth Health Authority | South West London Health Authority |
Morecambe Bay Health Authority | Cumbria and Lancashire Health Authority |
Newcastle & North Tyneside Health Authority | Northumberland, Tyne & Wear Health Authority |
Norfolk Health Authority | Norfolk, Suffolk and Cambridgeshire Health Authority |
Northamptonshire Health Authority | Leicestershire, Northamptonshire and Rutland Health Authority |
North Cheshire Health Authority | Cheshire & Merseyside Health Authority |
North Cumbria Health Authority | Cumbria and Lancashire Health Authority |
North Derbyshire Health Authority | Trent Health Authority |
North and East Devon Health Authority | South West Peninsula Health Authority |
North Essex Health Authority | Essex Health Authority |
North Nottinghamshire Health Authority | Trent Health Authority |
North Staffordshire Health Authority | Shropshire and Staffordshire Health Authority |
Northumberland Health Authority | Northumberland, Tyne & Wear Health Authority |
North and Mid Hampshire Health Authority | Hampshire and Isle of Wight Health Authority |
North-West Lancashire Health Authority | Cumbria and Lancashire Health Authority |
North Yorkshire Health Authority | North and East Yorkshire and Northern Lincolnshire Health Authority |
Nottingham Health Authority | Trent Health Authority |
Oxfordshire Health Authority | Thames Valley Health Authority |
Redbridge and Waltham Forest Health Authority | North East London Health Authority |
Rotherham Health Authority | South Yorkshire Health Authority |
St Helens and Knowsley Health Authority | Cheshire & Merseyside Health Authority |
Salford and Trafford Health Authority | Greater Manchester Health Authority |
Sandwell Health Authority | Birmingham and the Black Country Health Authority |
Sefton Health Authority | Cheshire & Merseyside Health Authority |
Sheffield Health Authority | South Yorkshire Health Authority |
Shropshire Health Authority | Shropshire and Staffordshire Health Authority |
Solihull Health Authority | Birmingham and the Black Country Health Authority |
Somerset Health Authority | Dorset and Somerset Health Authority |
Southampton and South West Hampshire Health Authority | Hampshire and Isle of Wight Health Authority |
South Cheshire Health Authority | Cheshire & Merseyside Health Authority |
Southern Derbyshire Health Authority | Trent Health Authority |
South Essex Health Authority | Essex Health Authority |
South Humber Health Authority | North and East Yorkshire and Northern Lincolnshire Health Authority |
South Lancashire Health Authority | Cumbria & Lancashire Health Authority |
South Staffordshire Health Authority | Shropshire and Staffordshire Health Authority |
South and West Devon Health Authority | South West Peninsular Health Authority |
Stockport Health Authority | Greater Manchester Health Authority |
Suffolk Health Authority | Norfolk, Suffolk and Cambridgeshire Health Authority |
Sunderland Health Authority | Northumberland, Tyne & Wear Health Authority |
Tees Health Authority | County Durham and Tees Valley Health Authority |
Wakefield Health Authority | West Yorkshire Health Authority |
Walsall Health Authority | Birmingham and the Black Country Health Authority |
Warwickshire Health Authority | Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority |
West Kent Health Authority | Kent and Medway Health Authority |
West Pennine Health Authority | Greater Manchester Health Authority |
West Surrey Health Authority | Surrey and Sussex Health Authority |
West Sussex Health Authority | Surrey and Sussex Health Authority |
Wigan and Bolton Health Authority | Greater Manchester Health Authority |
Wiltshire Health Authority | Avon, Gloucestershire and Wiltshire Health Authority |
Wirral Health Authority | Cheshire & Merseyside Health Authority |
Wolverhampton Health Authority | Birmingham and the Black Country Health Authority |
Worcestershire Health Authority | Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority |
SCHEDULE 3ORDERS REVOKED
(1) Orders | (2) References |
|---|---|
The Health Authorities (England) Establishment Order 1996 | |
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) Order 1999 | |
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) (Amendment) Order 1999 | |
The East Riding Health Authority (Change of Name) Order 2000 | |
The County Durham Health Authority (Change of Name) Order 2000 | |
The Health Authorities (Establishment and Abolition) Order 2001 |
(This note is not part of the Order)