Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
8th March 2001
Laid before Parliament
9th March 2001
Coming into force
1st April 2001
The Secretary of State for Health in exercise of the powers conferred upon him by sections 11 and 126(3) and (4) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, having consulted bodies representing officers of the Broadmoor Hospital Authority as required by section 11(5) of that Act, hereby makes the following Order:
1.—(1) This order may be cited as the Broadmoor Hospital Authority (Abolition) Order 2001 and shall come into force on 1st April 2001.
(2) In this Order—
“the Act” means the National Health Service Act 1977;
“the Authority” means the Broadmoor Hospital Authority established by the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996(2);
“designated officer” means an officer mentioned in the list marked “The Broadmoor Hospital Authority (Abolition) Order 2001 (Transfer of Officers to the London Borough of Ealing) List of Designated Officers” signed on behalf of the Secretary of State on 8th March 2001(3);
“the Trust” means the West London Mental Health National Health Service Trust(4).
(3) This Order extends to England and Wales(5).
2. The Authority is hereby abolished and
(a)the Authorities for the Ashworth, Broadmoor and Rampton (Establishment and Constitution) Order 1996 is amended by omitting the entry in the Schedule relating to the Broadmoor Hospital Authority, and
(b)the Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations are amended by omitting “Broadmoor” from the definition of “the hospitals” in regulation 1(2)(a).
3.—(1) Subject to paragraph (2), any person who, immediately before the coming into force of this Order, was an officer of the Authority shall, on the coming into force of this Order, be transferred to the employment of the relevant new employer.
(2) This regulation shall not apply to an officer of the Authority whose contract of employment terminates on the day immediately preceding the coming into force of this Order.
(3) The contract of employment of an officer transferred under paragraph (1)—
(a)is not terminated by the transfer, and
(b)has effect from the time of the transfer as if originally made between the officer and the relevant new employer.
(4) Without prejudice to paragraph (3)—
(a)any right or liability of the Authority under or in connection with the officer’s contract of employment shall by virtue of this paragraph be transferred to the relevant new employer;
(b)anything done before the date of the transfer by or in relation to the Authority in respect of the officer or the contract of employment shall be deemed from that time to have been done by or in relation to the relevant new employer.
(5) Paragraphs (1), (3) and (4) do not transfer an officer’s contract of employment, or any right or liability under or in connection with it, if he informs the Authority or the relevant new employer that he objects to the transfer.
(6) Where an officer objects as mentioned in sub-paragraph (5) his contract of employment with the Authority shall be treated as having been terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by the Authority.
(7) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that the identity of his employer changes unless the officer shows, that, in all the circumstances, the change is a significant change and is to his detriment.
(8) For the purposes of this article, the relevant new employer is—
(a)in the case of a designated officer, the London Borough of Ealing;
(b)in any other case, the Trust.
4. The property, rights and liabilities of the Authority shall be transferred to the Trust.
5. It shall be the duty of the Trust to take such action as may be necessary for the winding-up of the affairs of the Authority, including the preparation of the outstanding accounts of the Authority and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2001
(This note is not part of the Order)
This Order abolishes, on 1st April 2001, the Broadmoor Hospital Authority (“the Authority”), a Special Health Authority established under section 11 of the National Health Service Act 1977 by the Authorities for the Ashworth, Broadmoor and Rampton Hospital Authorities (Establishment and Constitution) Order 1996.
The Order also makes provision for the transfer of officers, property, rights and liabilities of the Authority and for the winding up of its affairs.
1977 c. 49; section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31; by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 10; by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 2 and by the Health Act 1999 (c. 8) (“the 1999 Act”) Schedule 4, paragraph 6; section 126(3) was amended by the 1990 Act, section 65(2) and by the 1995 Act. Schedule 1, paragraph 57; section 126(4) was amended by the 1990 Act, section 65(2) and by the 1999 Act, Schedule 4, paragraph 37(6).
See S.I. 1996/488.
Copies of the List can be obtained from HSD4, Wellington House, 133–155 Waterloo Road, London, SE1 8UG.
The powers under which this Order is made are by their nature exercisable concurrently with the Secretary of State by virtue of article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 S.I. 1999/672.