Made | 10th March 2002 | ||
Laid before Parliament | 11th March 2002 | ||
Coming into force | 1st April 2002 |
Abolition of Health Authorities
2.
The old Authorities are abolished.
Establishment, names and areas of the new Authorities
3.
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 liabilities
4.
- (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 Authorities
5.
Any duty imposed on any of the old Authorities by or under section 98[6] of the Act, but not performed by the material date, shall be performed by the relevant new Authority.
Winding up of affairs of old Authorities
6.
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 functions
7.
- (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of the old Authorities continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the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 Glossop
8.
- (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 Authorities
9.
- (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 -
(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 -
(5) Paragraph (6) below applies where -
(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 -
(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 -
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 Commissioner
10.
- (1) A complaint made under the Health Service Commissioners Act 1993[13] 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.
Revocation
11.
The orders specified in Schedule 3 to this Order are revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State, Department of Health
10th March 2002
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. |
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 |
(1) Orders | (2) References |
The Health Authorities (England) Establishment Order 1996 | 1996/624 |
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) Order 1999 | 1999/616 |
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) (Amendment) Order 1999 | 1999/1024 |
The East Riding Health Authority (Change of Name) Order 2000 | 2000/1240 |
The County Durham Health Authority (Change of Name) Order 2000 | 2000/1241 |
The Health Authorities (Establishment and Abolition) Order 2001 | 2001/740 |
[3] Section 44(A1) and (B1) were inserted by the Health Act 1999 (c.8), section 11 and Schedule 5; section 1 was amended by the Health and Social Security Act 1984 (c.48), Schedule 8; the National Health Service and Community Care Act 1990 (c.19), section 12(4), and by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 32.back
[4] S.I. 1992/664; regulations 3 and 5 were substituted by S.I. 1996/703; regulation 15 was modified by S.I. 1996/971.back
[5] Section 92 was amended by the Health Authorities Act 1995 (c.17), section 2(1) and Schedule 1, paragraph 44, and by the Health Act 1999 (c.8), Schedule 4, paragraph 28.back
[6] Section 98 was amended by the Health and Social Security Adjudications Act 1983 (c.41), Schedule 5; the Health and Social Security Act 1984 (c.48), section 6 and Schedule 8, Part I; the Health and Medicines Act 1988 (c.49), section 12; the National Health and Community Care Act 1990 (c.19), sections 11(7) and 20(2), Schedule 2, paragraph 24(2) and Schedule 10; the Health Authorities Act 1995 (c.17), section 2(1) and Schedules 1 and 3; the Health Act 1999 (c.8), Schedule 4, paragraph 33 and Schedule 5, and by S.I. 2000/90.back
[13] 1993 c.46; as amended by the Health Service Commissioners (Amendment) Act 1996 (c.5).back