The Health Service Supply Council (Abolition) Order 1985

Statutory Instruments

1985 No. 1877

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Service Supply Council (Abolition) Order 1985

Made

29th November 1985

Laid before Parliament

11th December 1985

Coming into Operation

1st January 1986

The Secretary of State for Social Services, in exercise of powers conferred on him by section 11 of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health Service Supply Council (Abolition) Order 1985 and shall come into operation on 1st January 1986.

(2) In this Order unless the context otherwise requires—

“the council” means the Health Service Supply Council;

“the authority” means the South Western Regional Health Authority.

Revocation of Orders and abolition of council

2.  The Health Service Supply Council (Establishment and Constitution) Order 1980 and the Health Service Supply Council (Establishment and Constitution) Amendment Order 1982 are hereby revoked and the council should cease to exist.

Enforceability of rights and liabilities

3.  Any right which was enforceable by and any liability which was enforceable against the council shall be enforceable by or against the authority.

Winding up affairs of the council

4.  It shall be the duty of the authority to take such action as may be necessary for winding up the affairs of the council.

Accounts of the council

5.  Where on 1st January 1986 the council has not performed in respect of any period before that date any duty imposed on it by section 98 of the National Health Service Act 1977(2), it shall be the duty of the authority to perform that duty in accordance with that section, any regulations made under that section and any directions which may be given by the Secretary of State.

Expenses of the council

6.  Any expenses incurred by the council before 1st January 1986 which fall to be paid after that date shall be defrayed by the Regional Health Authorities in the same proportions as were payable by them immediately before that date.

Norman Fowler

Secretary of State for Social Services

29th November 1985

EXPLANATORY NOTE

This Order, by revoking the Orders under which the Health Service Supply Council, a special health authority in the National Health Service, was established and constituted, abolishes that authority on 1st January 1986. It also makes incidental and supplemental provision relating to the winding up of the affairs of that authority and the transfer of its rights and liabilities.

(1)

section 11 was amended by the Health Services Act 1980 (c.53), Schedule 1, paragraph 31.

(2)

Section 98 was amended by the Health Services Act 1980 (c.53), Schedule 1, paragraphs 69 and 97, the Health and Social Services and Social Security Adjudications Act (c.41), Schedule 5, paragraph 3 and the Health and Social Security Act 1984 (c.48), section 6(2) and Schedule 8, Part I in so far as it relates to the National Health Service Act 1977.