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The National Health Service (Determination of Districts) Order 1995

S.I. 1995/562 · Made 6 March 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 6th March 1995

Laid before Parliament 8th March 1995

Coming into force 1st April 1995

The Secretary of State for Health, in exercise of powers conferred on her by sections 8(1), (2) and (4) and 126(4) of the National Health Service Act 1977f1 and of all other powers enabling her in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1977 c. 49; section 8 was amended by the Health Services Act 1980 (c. 53), Schedule 1, Part I, paragraph 28, and by the National Health Service and Community Care Act 1990 (c. 19), section 1.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Variation of districts
  3. 3Transfer of officers employed by District Health Authorities
  4. 4Preservation of training arrangements
  5. 5Enforceability of rights
  6. 6Winding up of affairs of old authorities
  7. 7Accounts of old authorities
  8. 8Provision for continuity in exercise of functions
  9. 9Accommodation and services made available on payment of charges
  10. 10Investigation of complaints by Health Service Commissioner
  11. 11Transfer of trust property of old authorities
  12. 12Exercise of powers in relation to trusts
  13. 13Appointment of new trustees
  14. Signature
  15. Schedule 1DISTRICTS ABOLISHED
  16. Schedule 2OLD AND NEW DISTRICTS
  17. Schedule 3ENTRIES INSERTED IN PART I OF SCHEDULE 1 TO THE NATIONAL HEALTH SERVICE (DETERMINATION OF DISTRICTS) ORDER 1981
  18. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the National Health Service (Determination of Districts) Order 1995 and shall come into force on 1st April 1995.

(2)

In this Order, unless the context otherwise requires—

  • “the Act” means the National Health Service Act 1977;

  • “the material date” means 1st April 1995;

  • “the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1995f1, being in each case an authority established by that Order;

  • “the old authorities” means the health authorities specified in Schedule 1 to that Order, being—

    1. (a)

      in the case of the North West Surrey Health Authority and in the case of the South West Surrey Health Authority, authorities established by the National Health Service (District Health Authorities) Order 1993f2;

    2. (b)

      in the case of the South and East Cheshire Health Authority, an authority established by the National Health Service (District Health Authorities) (No.2) Order 1993f3; and

    3. (c)

      in all other cases, authorities the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990f4;

  • “the relevant new authority”—

    1. (a)

      as respects the old authorities Chester Health Authority and South and East Cheshire Health Authority, means South Cheshire Health Authority;

    2. (b)

      as respects the old authorities Chichester Health Authority, Mid Downs Health Authority and Worthing District Health Authority, means West Sussex Health Authority;

    3. (c)

      as respects the old authorities North West Surrey Health Authority and South West Surrey Health Authority, means Western Surrey Health Authority;

    4. (d)

      as respects the old authorities East Surrey Health Authority and Mid Surrey Health Authority, means Eastern Surrey Health Authority;

  • “the 1981 Order” means the National Health Service (Determination of Districts) Order 1981f5.

2Variation of districts

(1)

The districts specified in Schedule 1 to this Order are hereby abolished.

(2)

There are determined four new districts, to be known by the names specified in column (1) of Schedule 2 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.

(3)

North Cheshire District is varied so as to exclude the parishes of Alvanley, Antrobus (as altered by the Macclesfield and Vale Royal (Areas) Order 1982f1), Aston, Dutton, Frodsham, Great Budworth, Helsby, Kingsley, Manley, Norley, Sutton and Whitely in the district of Vale Royal, in the county of Cheshire.

(4)

Wirral District is varied so as to exclude the area of the former urban district of Neston, in the borough of Ellesmere Port and Neston in the county of Cheshire.

(5)

In Part I of Schedule 1 to the 1981 Order—

(a)

the entries in columns (1), (2) and (3) relating to Chester District, Chichester District, East Surrey District, Mid Downs District, Mid Surrey District, North Cheshire District, North West Surrey District, South and East Cheshire District, South West Surrey District, Wirral District and Worthing District are omitted;

(b)

at the appropriate point there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of Schedule 3 to this Order.

(6)

In paragraph (5)(b) of this article “the appropriate point” means—

(a)

in relation to Eastern Surrey District, after the entries relating to Croydon District;

(b)

in relation to Western Surrey District, after the entries relating to South East London District;

(c)

in relation to West Sussex District, after the entries relating to West Kent District;

(d)

in relation to North Cheshire District, after the entries relating to Morecambe Bay District;

(e)

in relation to South Cheshire District, after the entries relating to Sefton District;

(f)

in relation to Wirral District, after the entries relating to West Pennine District.

3Transfer of officers employed by District Health Authorities

(1)

Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.

(2)

Where—

(a)

this article makes provision for the transfer of an officer, and

(b)

the officer in question is employed jointly by any of the old authorities and another person,

that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.

4Preservation of training arrangements

Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.

5Enforceability of rights

Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.

6Winding up of affairs of old authorities

It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, 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.

7Accounts of old authorities

Any duty imposed on any of the old authorities by section 98f1 of the Act, but not performed by the material date, shall be performed by the relevent new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.

8Provision for continuity in exercise of functions

(1)

Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made or given to or by, the relevant new authority.

(2)

Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.

(3)

Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating 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, as the case may be, the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.

9Accommodation and services made available on payment of charges

To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65f1 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.

10Investigation of complaints by Health Service Commissioner

(1)

A complaint made under the Health Service Commissioners Act 1993f1 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 that Commissioner, notwithstanding the abolition of that authority, as if the complaint had 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 new authority and to the Regional Health Authority in whose region the district of that new authority is situated.

11Transfer of trust property of old authorities

Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.

12Exercise of powers in relation to trusts

Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating the the health servicef1 is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.

13Appointment of new trustees

Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.

Signature

Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under Secretary of State,

Department of Health

6th March 1995

Schedule 1DISTRICTS ABOLISHED

  • Chester District

  • Chichester District

  • East Surrey District

  • Mid Downs District

  • Mid Surrey District

  • North West Surrey District

  • South and East Cheshire District

  • South West Surrey District

  • Worthing District

Schedule 2OLD AND NEW DISTRICTS

(1)(2)
Name of new districtName of former district
Eastern Surrey DistrictEast Surrey District
Mid Surrey District
South Cheshire DistrictChester District
South and East Cheshire District
Western Surrey DistrictNorth West Surrey District
South West Surrey District
West Sussex DistrictChichester District
Mid Downs District
Worthing District

Schedule 3ENTRIES INSERTED IN PART I OF SCHEDULE 1 TO THE NATIONAL HEALTH SERVICE (DETERMINATION OF DISTRICTS) ORDER 1981

(1)(2)(3)
No. of RegionName of districtDescription of district
5Eastern Surrey District

In the county of Surrey—

  • the boroughs of Epsom and Ewell, and Reigate and Banstead;

  • the districts of Mole Valley and Tandridge;

  • in the borough of Elmbridge, the wards (as altered by the Borough of Elmbridge (Electoral Arrangements) Order 1975f1), of Cobham and Downside, Cobham Fairmile, and Oxshott and Stoke D'Abernon; and the area of the former urban district of Esher.

5Western Surrey District

In the county of Surrey—

  • the boroughs of Guildford, Runnymede, Spelthorne, Surrey Heath, and Woking;

  • in the borough of Elmbridge, the area of the former urban district of Walton and Weybridge;

  • the district of Waverley.

5West Sussex District

In the county of West Sussex—

  • the districts of Adur, Arun, Chichester, Crawley, Horsham, Mid Sussex, and Worthing.

8North Cheshire District

In the county of Cheshire—

  • the boroughs of Halton and Warrington.

8South Cheshire District

In the county of Cheshire—

  • the city of Chester;

  • the boroughs of Congleton, Crewe and Nantwich, Ellesmere Port and Neston, and Macclesfield (as altered by the Macclesfield and Vale Royal (Areas) Order 1982f2);

  • the district of Vale Royal.

8Wirral District

In the county of Merseyside—

  • the borough of Wirral.

Explanatory note

(This note is not part of the Order)

This Order abolishes on 1st April 1995 the districts of Chester, Chichester, East Surrey, Mid Downs, Mid Surrey, North West Surrey, South and East Cheshire, South West Surrey and Worthing, determines new districts and varies other districts, for the purposes of the National Health Service Act 1977 (article 2).

This Order makes provision for the transfer of officers from health authorities abolished on 1st April 1995 by the National Health Service (District Health Authorities) Order 1995 to the relevant new authorities established by that Order (article 3), and for the transfer of rights and liabilities of the abolished authorities (article 5). It also makes further provision consequential on the establishment of the new authorities.

This Order also makes amendments to Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 which specifies districts for the purposes of the National Health Service Act 1977 and describes the areas which comprise those districts (Schedule 3).