# The Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000 S.I. 2000/179 · made 27 January 2000 This Order is made under section 44 of the Health Act 1999. It amends the Health Authorities Act 1995 (Transitional Provisions) Order 1996 so as to rectify certain defects in that Order with retrospective effect. The effect of this is that where one Health Authority (“the acting Health Authority”) acted in relation to practitioners providing services under Part II of the National Health Service Act 1977 (“Part II practitioners”), where another Health Authority (“the proper Health Authority”) should have acted, the proper Health Authority will be treated as though it had been the acting one. Made under: Health Act 1999 (Section 44, Section 63) ## Introductory text NATIONAL HEALTH SERVICE, ENGLAND Made 27th January 2000 Laid before Parliament 31st January 2000 Coming into force 21st February 2000 The Secretary of State for Health, in exercise of powers conferred by sections 44 and 63 of the Health Act 1999, hereby makes the following Order:— ## 1 Citation, commencement and interpretation (1) This Order may be cited as the Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000 and shall come into force on 21st February 2000. (2) In this Order, unless the context otherwise requires— “the 1977 Act” means the National Health Service Act 1977; “the 1995 Act” means the Health Authorities Act 1995; “fund-holding practice” means a fund-holding practice recognised under sections 14 to 17 of the National Health Service and Community Care Act 1990 as they were in force before 1st October 1999; “the Pharmaceutical Services Regulations” means the National Health Service (Pharmaceutical Services) Regulations 1992; “Transitional Provisions Order” means the Health Authorities Act 1995 (Transitional Provisions) Order 1996. ## 2 Amendment of Transitional Provisions Order (1) With effect from 1st April 1996— (a) In Part III of Schedule 1 (relevant new authorities for old authorities whose districts or localities comprise or form part of the area of only one new authority) to the Transitional Provisions Order, the entries set out in Schedule 1 to this Order shall be omitted; (b) For Part III of Schedule 2 (relevant new authorities whose districts or localities comprise or form part of the area of more than one new authority) to the Transitional Provisions Order shall be substituted the entries set out in Schedule 2 to this Order, which include in particular, an entry for Bromley Family Health Services Authority. (2) The Transitional Provisions Order shall be deemed always to have had effect as amended by this article. ## 3 Consequences of Rectification (1) Where, on or after 1st April 1996, as a result of any of the relevant defects, anything has been done by or in relation to an acting authority, or a person of any description identified by reference to an acting authority, it is to be treated, subject to paragraph (2), as though it had been done by or in relation to the proper authority, or a person of that description identified by reference to the proper authority. (2) Where, on or after 1st April 1996, as a result of the relevant defects, any acting authority has made— (a) any payment to a Part II practitioner, or (b) any deduction from remuneration paid to a Part II practitioner, the payment or deduction shall be treated as though it had been done by the acting authority in the exercise by them of the function on behalf of the proper authority. (3) Where as a result of any of the relevant defects, an application in accordance with regulation 4(2), or a notification in accordance with regulation 4(10) of the Pharmaceutical Services Regulations, has been made to a Health Authority and as a result— (a) the application has been granted under regulation 4(3)(a) of those Regulations, or (b) the original application has been amended under regulation 4(10) of those Regulations. but the premises at which the pharmaceutical services were originally, or were originally to be, provided and the premises at which the services are, or are to be, provided (“the new premises”) are not both in the area of that Health Authority, the application shall be deemed to have been granted in respect of the new premises, by the Health Authority in whose area the new premises are situated, in consequence of an application under regulation 4(2)(a) of those Regulations. (4) Where— (a) on 1st April 1996, because of any of the relevant defects, a Part II practitioner was treated by virtue of the Transitional Provisions Order as included in a Part II list (the “relevant list”), (b) by virtue of this order, he is treated as having been included on that date in one or more other Part II lists but not in the relevant list, (c) on or after that date, he provided services and a requirement of his providing those services was his inclusion in the relevant list, and (d) since 1st April 1996 he has neither been added to the relevant list in accordance with Regulations made pursuant to section 29 of the 1977 Act, nor removed from that list, the Part II practitioner shall be treated as having been included in the relevant list with effect from the date on which he first provided services as mentioned in sub-paragraph (c). ## 4 Outstanding court proceedings Where immediately before the coming into force of this Order, any court proceedings were brought against an acting authority in relation to anything done by or in relation to that acting authority, and as a result of this Order, that action is to be treated as having been done by or in relation to the proper authority, the acting authority shall be treated as though they had acted on behalf of the proper authority. ## 5 Outstanding representations to Tribunal (1) Where before the coming into force of this Order, representations had been made to the Tribunal constituted under section 46 of the 1977 Act by an acting authority about a Part II practitioner on their Part II list, but the matter had not been finally disposed of on the date that this Order comes into force, the acting authority shall be treated as though they had acted on behalf of the proper authority, and shall continue to so act if the proper authority requests them to do so until the final disposal of the matter. (2) Where the proper authority request the acting authority to continue to act on its behalf, the proper authority shall notify the Tribunal and the practitioner about whom representations had been made. ## 6 Exception for fund-holding practices Where immediately before the coming into force of this Order, a Health Authority (not being the relevant Health Authority as defined by sections 15(1B) and (1C) of the 1977 Act as they were in force before 1st October 1999) acted as the relevant Health Authority for a member or former member of a fund-holding practice as a result of any of the relevant defects, Article 3 shall not apply and they shall continue to be treated as the relevant Health Authority in connection with the application of any provision relating to a fund-holding practice. ## Signature Signed by authority of the Secretary of State John Denham Minister of State Department of Health 27th January 2000 ## Schedule 1 OMMISSIONS FROM PART III OF SCHEDULE I Avon Family Health Services Authority Avon Health Authority Barking and Havering Family Health Services Authority Barking and Havering Health Authority Barnet Family Health Services Authority Barnet Health Authority Berkshire Family Health Services Authority Berkshire Health Authority Birmingham Family Health Services Authority Birmingham Health Authority Bolton Family Health Services Authority Wigan & Bolton Health Authority Brent and Harrow Family Health Services Authority Brent & Harrow Health Authority Buckinghamshire Family Health Services Authority Buckinghamshire Health Authority Camden and Islington Family Health Services Authority Camden & Islington Health Authority City & East London Family Health Services Authority East London and The City Health Authority Croydon Family Health Services Authority Croydon Health Authority Durham Family Health Services Authority County Durham Health Authority Ealing, Hammersmith and Hounslow Family Health Services Authority Ealing, Hammersmith & Hounslow Health Authority East Sussex Family Health Services Authority East Sussex, Brighton and Hove Health Authority Enfield and Haringey Family Health Services Authority Enfield and Haringey Health Authority Hillingdon Family Health Services Authority Hillingdon Health Authority Kensington Chelsea and Westminster Family Health Services Authority Kensington & Chelsea and Westminster Health Authority Lambeth, Southwark and Lewisham Family Health Services Authority Lambeth, Southwark and Lewisham Health Authority Leeds Family Health Services Authority Leeds Health Authority Leicestershire Family Health Services Authority Leicestershire Health Authority Liverpool Family Health Services Authority Liverpool Health Authority Manchester Family Health Services Authority Manchester Health Authority Merton, Sutton and Wandsworth Family Health Services Authority Merton, Sutton and Wandsworth Family Health Services Authority North Yorkshire Family Health Services Authority North Yorkshire Health Authority Redbridge and Waltham Forest Family Health Services Authority Redbridge and Waltham Forest Health Authority St Helens and Knowsley Family Health Services Authority St Helens and Knowsley Health Authority Sandwell Family Health Services Authority Sandwell Health Authority Sheffield Family Health Services Authority Sheffield Health Authority Shropshire Family Health Services Authority Shropshire Health Authority Solihull Family Health Services Authority Solihull Health Authority Suffolk Family Health Services Authority Suffolk Health Authority Wakefield Family Health Services Authority Wakefield Health Authority Walsall Family Health Services Authority Walsall Health Authority Warwickshire Family Health Services Authority Warwickshire Health Authority West Sussex Family Health Services Authority West Sussex Health Authority Wigan Family Health Services Authority Wigan and Bolton Health Authority ## Schedule 2 SUBSTITUTED PART III OF SCHEDULE 2 Avon Family Health Services Authority Somerset Health Authority Avon Health Authority Barking and Havering Family Health Services Authority Redbridge and Waltham Forest Health Authority Barking & Havering Health Authority Barnet Family Health Services Authority Brent and Harrow Health Authority Enfield & Haringey Health Authority West Hertfordshire Health Authority Barnet Health Authority Berkshire Family Health Services Authority Buckinghamshire Health Authority North and Mid Hampshire Health Authority Oxfordshire Health Authoirty Berkshire Health Authority Birmingham Family Health Services Authority Sandwell Health Authority Solihull Health Authority Worcestershire Health Authority Birmingham Health Authority Bolton Family Health Services Authority Bury and Rochdale Health Authority Wigan and Bolton Health Authority Brent and Harrow Family Health Services Authority Barnet Health Authority Camden & Islington Health Authority Ealing, Hammersmith and Hounslow Health Authority West Hertfordshire Health Authority Brent & Harrow Health Authority Bromley Family Health Services Authority Bexley and Greenwich Health Authority Lambeth, Southwark and Lewisham Health Authority Bromley Health Authority Buckinghamshire Family Health Services Authority Berkshire Health Authority West Hertfordshire Health Authority Buckinghamshire Health Authority Cambridgeshire Family Health Services Authority North West Anglia Health Authority Cambridge and Huntingdon Health Authority Camden and Islington Family Health Services Authority Barnet Health Authority Brent & Harrow Health Authority Hillingdon Health Authority East London and the City Health Authority Enfield & Haringey Health Authority Kensington & Chelsea and Westminster Health Authority Camden & Islington Health Authority Cheshire Family Health Services Authority North Staffordshire Health Authority South Cheshire Health Authority North Cheshire Health Authority City and East London Family Health Services Authority Camden and Islington Health Authority Enfield & Haringey Health Authority Redbridge and Waltham Forest Health Authority East London and The City Health Authority Croydon Family Health Services Authority Merton, Sutton and Wandsworth Health Authority Croydon Health Authority Cumbria Family Health Services Authority Morecambe Bay Health Authority North Cumbria Health Authority Derbyshire Family Health Services Authority North Derbyshire Health Authority North Nottinghamshire Health Authority West Pennine Health Authority Southern Derbyshire Health Authority Devon Family Health Services Authority South and West Devon Health Authority North and East Devon Health Authority Durham Family Health Services Authority Sunderland Health Authority County Durham Health Authority Ealing, Hammersmith and Hounslow Family Health Services Authority Kensington & Chelsea and Westminster Health Authority Kingston and Richmond Health Authority Ealing, Hammersmith & Hounslow Health Authority East Sussex Family Health Services Authority West Sussex Health Authority East Sussex, Brighton and Hove Health Authority Enfield and Haringey Family Health Services Authority Barnet Health Authority Camden & Islington Health Authority East London and the City Health Authority Enfield & Haringey Health Authority Essex Family Health Services Authority East and North Hertfordshire Health Authority Redbridge and Waltham Forest Health Authority South Essex Health Authority North Essex Health Authority Hampshire Family Health Services Authority Berkshire Health Authority North and Mid-Hampshire Health Authority Portsmouth and South East Hampshire Health Authority West Surrey Health Authority West Sussex Health Authority Southampton and South West Hampshire Health Authority Hereford and Worcester Family Health Services Health Authority Birmingham Health Authority Gloucestershire Health Authority Herefordshire Health Authority Worcestershire Health Authority Hertfordshire Family Health Services Authority Cambridge & Huntingdon Health Authority North Essex Health Authority West Hertfordshire Health Authority East and North Hertfordshire Health Authority Hillingdon Family Health Services Authority West Hertfordshire Health Authority Hillingdon Health Authority Humberside Family Health Services Authority North Yorkshire Health Authority South Humber Health Authority East Riding Health Authority Kensington Chelsea and Westminster Family Health Services Authority Brent & Harrow Health Authority Camden & Islington Health Authority Ealing, Hammersmith & Hounslow Health Authority Kensington & Chelsea and Westminster Health Authority Kent Family Health Services Authority East Kent Health Authority West Kent Health Authority Lambeth, Southwark and Lewisham Family Health Services Authority Bexley and Greenwich Health Authority Bromley Health Authority Croydon Health Authority Merton, Sutton and Wandsworth Health Authority Lambeth, Southwark and Lewisham Health Authority Lancashire Family Health Services Authority East Lancashire Health Authority Morecambe Bay Health Authority South Lancashire Health Authority North West Lancashire Health Authority Leeds Family Health Services Authority Wakefield Health Authority Leeds Health Authority Leicestershire Family Health Services Authority Southern Derbyshire Health Authority Leicestershire Health Authority Liverpool Family Health Services Authority St Helens and Knowsley Health Authority Liverpool Health Authority Manchester Family Health Services Authority Salford and Trafford Health Authority Stockport Health Authority Manchester Health Authority Merton, Sutton and Wandsworth Family Health Services Authority Croydon Health Authority East Surrey Health Authority Kingston and Richmond Health Authority Lambeth, Southwark and Lewisham Health Authority Merton, Sutton and Wandsworth Health Authority Norfolk Family Health Services Authority North West Anglia Health Authority East Norfolk Health Authority North Yorkshire Family Health Services Authority East Riding Health Authority North Yorkshire Health Authority Nottinghamshire Family Health Services Authority North Derbyshire Health Authority North Nottinghamshire Health Authority Southern Derbyshire Health Authority Nottingham Health Authority Redbridge and Waltham Forest Family Health Services Authority Barking & Havering Health Authority Redbridge and Waltham Forest Health Authority St Helens and Knowsley Family Health Services Authority Liverpool Health Authority St Helens and Knowsley Health Authority Sandwell Family Health Services Authority Dudley Health Authority Walsall Health Authority Sandwell Health Authority Sheffield Family Health Services Authority Rotherham Health Authority Sheffield Health Authority Shropshire Family Health Services Authority Worcestershire Health Authority Shropshire Health Authority Solihull Family Health Services Authority Birmingham Health Authority Solihull Health Authority Staffordshire Family Health Services Authority Shropshire Health Authority South Staffordshire Health Authority Walsall Health Authority North Staffordshire Health Authority Suffolk Family Health Services Authority North Essex Suffolk Health Authority Surrey Family Health Services Authority Berkshire Health Authority Croydon Health Authority Kingston and Richmond Health Authority Merton, Surrey and Wandsworth Health Authority North and Mid Hampshire Health Authority West Surrey Health Authority West Sussex Health Authority East Surrey Health Authority Wakefield Family Health Services Authority Leeds Health Authority Wakefield Health Authority Walsall Family Health Services Authority South Staffordshire Health Authority Walsall Health Authority Warwickshire Family Health Services Authority Coventry Health Authority Leicestershire Health Authority Warwickshire Health Authority West Sussex Family Health Services Authority East Sussex, Brighton and Hove Health Authority East Surrey Health Authority West Sussex Health Authority Wigan Family Health Services Authority Salford and Trafford Health Authority Wigan and Bolton Health Authority ## Explanatory note (This note is not part of the Regulations) This Order is made under section 44 of the Health Act 1999. It amends the Health Authorities Act 1995 (Transitional Provisions) Order 1996 so as to rectify certain defects in that Order with retrospective effect. The effect of this is that where one Health Authority (“the acting Health Authority”) acted in relation to practitioners providing services under Part II of the National Health Service Act 1977 (“Part II practitioners”), where another Health Authority (“the proper Health Authority”) should have acted, the proper Health Authority will be treated as though it had been the acting one. There are exceptions to this general rule in the case of payments or deductions made by the acting Health Authority in relation to Part II practitioners, which will be treated as though they had been made on behalf of the proper Health Authority by the acting Health Authority. There is also an exception for certain specified applications by pharmacies to Health Authorities for relocation of, or additional premises, and for Part II practitioners who provided services on the basis that they were on the appropriate Health Authority list. Article 4 provides that where court proceedings have been brought against an acting authority but not disposed of before the coming into force of this Order, that authority will be treated as though it had acted on behalf of the proper authority. Article 5 provides that where an acting authority had made representations to the Tribunal constituted under section 46 of the 1977 Act and the matter not finally disposed of before the coming into force of this Order, it will be treated as though it had acted on behalf of the proper authority. It shall continue to do so if so requested by the proper authority, and the proper authority must then notify the Tribunal and the practitioner against whom representations have been made, of the request. Article 6 provides that Article 3 does not apply in the case of fund-holding practices in connection with any provision relating to a fund-holding practice. --- Source: https://www.legislation.gov.uk/uksi/2000/179 (the official version) Page: https://openlegislation.uk/health-authorities-act-1995-rectification-of-transitional-arrangements-order-2000 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.