National Health Service Reorganisation Act 1973 (repealed 28.6.1995)

In section 132 of that Act (which provides that Regional Hospital Boards shall notify local health authorities of hospitals which have arrangements for the reception of urgent cases requiring treatment for mental disorder), for the words " Regional Hospital Board " there shall be substituted the words " Regional Health Authority and, in Wales, every Area Health Authority ", for the word " area " in the second place where it occurs there shall be substituted the words " region or area, as the case may be, " and for the word " Board " in both places where it occurs there shall be substituted the word " Authority ".

94

In section 133(2) of that Act (which provides that the making of payments to persons under that section shall be included as services provided under Part II of the National Health Service Act 1946), after the word " 1946 " there shall be inserted the words " and the National Health Service Reorganisation Act 1973 " and for the words " Part II of that Act" there shall be substituted the words " those Acts ".

95

In section 147(1) of that Act (interpretation)—

• (a) in the definition of " hospital", for the words " for hospital and specialist services under Part II of that Act" there shall be substituted the words " as a hospital by or on behalf of the Secretary of State under the National Health Service Acts 1946 to 1973 ";

• (b) in the definition of "mental welfare officer", for the words "local health authority" there shall be substituted the words " local social services authority "; and

• (c) in the definition of " special hospital", for the words "meaning assigned to it by Part VII of this Act" there shall be substituted the words " same meaning as in the National Health Service Reorganisation Act 1973 ".

The Radioactive Substances Act 1960

96

In section 14(1) of the Radioactive Substances Act 1960 (which provides that Hospital Management Committees or Boards of Governors shall be treated as persons for the purposes of provisions of that Act dealing with the disposal of radioactive waste notwithstanding that their functions are exercised on behalf of the Secretary of State), for the words " a Hospital Management Committee" and "Hospital Management Committee" there shall be substituted respectively the words " an Area Health Authority " and " Area Health Authority " ; and the words " or is a teaching hospital within the meaning of the National Health Service Act, 1946 " and the words ", or (in the case of a teaching hospital) the Board of Governors," shall be omitted.

The Public Health Laboratory Service Act 1960

97

In section 5(2) of the Public Health Laboratory Service Act 1960 (which defines " the public health laboratory service"), for the word " bacteriological" there shall be substituted the word " microbiological ".

98

In the Schedule to that Act (which provides for the constitution of the Public Health Laboratory Service Board), in paragraph 2 for the word "bacteriological" there shall be substituted the word " microbiological ", in paragraph 3(b) for the word " bacteriologists" there shall be substituted the word " microbiologists " and for paragraph 3(d) there shall be substituted the following paragraph—

(d) not less than one person with experience of service in hospitals,

and.

The Public Bodies (Admission to Meetings) Act 1960

99

In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (which specifies the bodies in England and Wales to which that Act applies), for paragraph (f) there shall be substituted the following paragraph—

(f) Regional Health Authorities, Area Health Authorities and Community Health Councils and, if the order establishing a special health authority so provides, that authority; and paragraph (g) (which relates to Executive Councils) shall be omitted.

National Health Service Act 1961

100

In section 1(4) of the National Health Service Act 1961 (which provides for exemption from certain charges for spectacles), for the words from " Part II" to " 1946 " there shall be substituted the words " the National Health Service Acts 1946 to 1973 ".

101

In section 3(1) of that Act (interpretation), in paragraph (a) of the definition of " the relevant time ", for the words " Part II of the Act of 1946 " there shall be substituted the words " the National Health Service Acts 1946 to 1973 otherwise than under Part IV of the Act of 1946 " and for the words " Part II or Part IV thereof " there shall be substituted the words " those Acts " ; and in paragraph (b) of that definition for the words " either of the said Acts " there shall be substituted the words " the Act of 1946 ".

The Health Visiting and Social Work (Training) Act 1962

102

• (1) In paragraph 3 of Schedule 1 to the Health Visiting and Social Work (Training) Act 1962 (which specifies the persons by whom members of the Council for Education and Training of Health Visitors are to be appointed), in sub-paragraph (a) for the word " fourteen " there shall be substituted the word " twenty ".

• (2) For sub-paragraph (c) of paragraph 3 of that Schedule there shall be substituted the following sub-paragraph—

(c) such number as the Secretary of State may determine by such bodies as he may think fit, being bodies representative of local authorities in England and Wales, and in this sub-paragraph " local authorities" means authorities established by or under the Local Government Act 1972 or the London Government Act 1963.

• (3) For sub-paragraph (f) of paragraph (3) of that Schedule there shall be substituted the following sub-paragraph—

(f) such number as the Secretary of State may determine by such bodies as he may think fit, being bodies representative of local authorities in Scotland, and in this sub-paragraph " local authorities" means local authorities within the meaning of the Local Government (Scotland) Act 1947;

and sub-paragraphs (d), (e), (g) and (h) of that paragraph shall be omitted.

• (4) In paragraphs 5(b) and 10 of that Schedule for the words " the Society of Medical Officers of Health" there shall be substituted the words " bodies appearing to the Health Ministers to represent specialists in community medicine ".

The London Government Act 1963

103

Subsections (1) to (6) of section 32 of the London Government Act 1963 (which relate to the co-ordination of school and other health services in inner London) shall cease to have effect.

The Emergency Laws (Re-enactment and Repeals) Act 1964

104

In section 15 of the Emergency Laws (Re-enactment and Repeals) Act 1964 (interpretation), for the words " 1946 to 1961 " there shall be substituted the words " 1946 to 1973 ".

The Public Health (Notification of Births) Act 1965

105

In section 1(2) of the Public Health (Notification of Births) Act 1965 (which amends section 203(2) of the Public Health Act 1936 and imposes an obligation on welfare authorities to supply pre-paid addressed envelopes containing the form of notice to be given under that section), for the words " welfare authorities " there shall be substituted the words " Area Health Authorities ".

The Redundancy Payments Act 1965

106

In Schedule 3 to the Redundancy Payments Act 1965 (which specifies bodies the employees of which are excluded from the general provisions as to redundancy payments provided for in section 1 of that Act), for paragraph 1 there shall be substituted the following paragraph—

(1) A Regional Health Authority, Area Health Authority, special health authority, Health Board or the Common Services Agency for the Scottish Health Service.

The Building Control Act 1966

107

In section 5(1) of the Building Control Act 1966 (which among other things provides that any work carried out at the expense of any body corporate constituted under section 11 of the principal Act shall be exempt from control under the said Act of 1966), in paragraph (h) for the words " constituted under section 11 of the National Health Service Act 1946" there shall be substituted the words " established in pursuance of section 5 of the National Health Service Reorganisation Act 1973 ".

The General Rate Act 1967

108

In section 45 of the General Rate Act 1967 (which provides for relief from rates in respect of facilities for disabled persons), for the words " local health authority " in paragraph (b) there shall be substituted the words " local social services authority ".

The Parliamentary Commissioner Act 1967

109

In Schedule 3 to the Parliamentary Commissioner Act 1967 (which specifies matters which are not subject to investigation by the Commissioner under that Act), in paragraph 8 for the words "Regional Hospital Board, Board of Governors of a Teaching Hospital, Hospital Management Committee or Board of Management" there shall be substituted the words " Regional Health Authority, an Area Health Authority, a special health authority, a Family Practitioner Committee, a Health Board or the Common Services Agency for the Scottish Health Service ".

The Superannuation (Miscellaneous Provisions) Act 1967

110

In subsection (1) of section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 (which provides for an extension of superannuation provisions of the National Health Service Acts), in paragraph (a) for the words " Act 1946 " there shall be substituted the words " Acts 1946 to 1973 " and in paragraph (b) for the words "Act of 1946" there shall be substituted the words " Acts of 1946 to 1973 ".

The Leasehold Reform Act 1967

111

• (1) In subsection (5) of section 28 of the Leasehold Reform Act 1967 (which includes Regional Hospital Boards, Hospital Management Committees and Boards of Governors as bodies to which the provisions of that section relating to the retention and resumption of land required for public purposes apply), for paragraph (d) there shall be substituted the following paragraph—

(d) to any Regional Health Authority, any Area Health Authority and any special health authority

; and.

• (2) In subsection (6) of that section (which in the case of a Regional Hospital Board, Hospital Management Committee or Board of Governors substitutes the purposes of the National Health Service Act 1946 for the purposes of any body in the definition of the expression " relevant development " ), for paragraph (c) there shall be substituted the following paragraph—

(c) in the case of a Regional Health Authority, Area Health Authority or special health authority, the purposes of the National Health Service Acts 1946 to 1973 shall be substituted for the purposes of the body.

The Health Services and Public Health Act 1968

112

• (1) In sections 1(1) and 2(1) of the Health Services and Public Health Act 1968 (which relate to the treatment of resident and non-resident private patients at hospitals providing hospital and specialist services), for the words " providing hospital and specialist services " there shall be substituted the words " or group of hospitals vested in him or of the hospitals vested in him in a particular area " and after the words " the hospital" there shall be inserted the words " or hospitals in question ".

• (2) In section 1(2) and (3) of that Act, for the words " providing hospital and specialist services " there shall be substituted the words " vested in the Secretary of State ".

113

In section 17(1) of that Act (which provides that " supplementary ophthalmic services " shall be referred to as " general ophthalmic services "), for the words " Executive Councils " there shall be substituted the words " Area Health Authorities ".

114

In section 28(2) of that Act (under which regulations may make provision generally with respect to audit under section 55(2) of the principal Act), for the words " the said subsection (2) " there shall be substituted the words " section 55(2) of the 1946 Act ".

115

In section 29(1) of that Act (which provides for the control of the making of payments by or on behalf of Regional Hospital Boards and certain other existing health authorities), for the words from "Regional" to " 1946 Act" there shall be substituted the words " Regional Health Authorities, Area Health Authorities, special health authorities, Family Practitioner Committees, Community Health Councils ".

116

In section 30(1) of that Act (which provides for the grant of certificates of exemption from prescription charges), for the words from " as part of " to " Part II " there shall be substituted the words " under the National Health Service Acts 1946 to 1973 otherwise than under Part IV ".

117

In section 31 of that Act (under which the Secretary of State may allow persons to use, on terms which may include the payment of charges, any services provided in connection with hospital and specialist services and may for that purpose provide extended services), for the words from "any services the provision" to "services if" there shall be substituted the words " any services provided by virtue of the National Health Service Acts 1946 to 1973 and may provide the services in question to an extent greater than that necessary apart from this section if ".

118

In section 32 of that Act (under which the Secretary of State may sell or otherwise dispose of goods he produces in connection with the hospital and specialist services and may for that purpose produce goods in excess of those needed for those services), for the words " hospital and specialist services " there shall be substituted the words " services under the National Health Service Acts 1946 to 1973 " and for the words " the 1946 Act" in both places where they occur there shall be substituted the words " the National Health Service Acts 1946 to 1973 ".

119

In section 36(1) of that Act (which provides that the Secretary of State may pay allowances and remuneration to members of certain bodies), in paragraph (b) for the words " 1946 Act" there shall be substituted the words " National Health Service Acts 1946 to 1973 ".

120

In section 40(1) of that Act (which provides that the Secretary of State may make arrangements for the accommodation of persons displaced in the course of development for purposes of the Acts relating to the national health service or to mental health), after the words "Mental Health Act 1959 " there shall be inserted the words " or the National Health Service Reorganisation Act 1973 ".

121

At the end of section 45(4)(b) of that Act (which prohibits a local authority when making arrangements for the welfare of old people from making available accommodation or services required to be provided under the National Health Service Act 1946), after the words " this Act" there shall be added the words " or the National Health Service Reorganisation Act 1973 ".

122

• (1) In section 48 of that Act (which provides for the reporting of cases of notifiable diseases and food poisoning to local authorities), for subsection (2) there shall be substituted the following subsection—

• (2) The officer who receives the certificate aforesaid shall, on the day of its receipt (if possible) and in any case within forty-eight hours after its receipt, send a copy of the certificate—

• (a) to the Area Health Authority within whose area are situate the premises whose address is specified in the certificate by virtue of paragraph (a) of the foregoing subsection; and

• (b) if the certificate is given with respect to a patient in a hospital who came there from premises outside the district of the local authority within whose district the hospital is situate and the certificate states that the patient did not contract the disease or the poisoning in the hospital—

• (i) to the proper officer for the district within which the premises from which the patient came are situate, and

• (ii) to the Area Health Authority for the area in which those premises are situate if that Authority is not responsible for the administration of the hospital, and

• (iii) to the proper officer of the relevant port health authority constituted in pursuance of section 2 of the Public Health Act 1936 if those premises were a ship or hovercraft situate within the port health district for which that authority is constituted.

• (2) Subsection (3) of that section shall be omitted.

123

In section 62(1) of that Act (which provides for references to vessels in the Public Health Act 1936 and references to ships in the Food and Drugs Act 1955 to include references to hover vehicles), for the words from " hover vehicles" to " air" there shall be substituted the words " hovercraft within the meaning of the Hovercraft Act 1968 ".

124

• (1) In section 63 of that Act (which provides for the instruction of officers of hospital authorities and other persons employed in activities connected with health welfare), in subsection (1)(a) for the words from " Regional" to " teaching hospital" there shall be substituted the words " Regional Health Authority, Area Health Authority or a special health authority ".

• (2) In subsection (1)(b) of that section for the words from " specified " to " Treasury" there shall be substituted the words " determined by him ".

• (3) In subsection (2)(a) of that section for the words "county, county borough " there shall be substituted the words " non-metropolitan county, metropolitan district ".

• (4) In subsection (2)(b) of that section for the words " Executive Council" there shall be substituted the words " Area Health Authority ".

• (5) In subsection (8) of that section at the end of the definition of " the relevant enactments " there shall be inserted the words " and the National Health Service Reorganisation Act 1973 ".

125

• (1) In section 64 of that Act (which provides that the Secretary of State may give financial assistance to voluntary organisations), at the end of subsection (3)(a) there shall be inserted the words " the National Health Service Reorganisation Act 1973 ".

• (2) In subsection (3)(b) of that section for the words "county, county borough " there shall be substituted the words " non-metropolitan county, metropolitan district " and for the words " Executive Council" there shall be substituted the words " Area Health Authority ".

126

In section 65 of that Act (which provides that local authorities may give financial and other assistance to certain voluntary organisations), at the end of subsection (3)(b) there shall be inserted the words " the National Health Service Reorganisation Act 1973 ".

127

In section 70(1) of that Act (which provides that a copy of a notice given by a keeper of a common lodging house under section 242 of the Public Health Act 1936 shall be sent by the local authority to the local health authority), for the words from the beginning to " receives " there shall be substituted the words " The local authority within whose district a common lodging house is situate shall, on the day on which they receive "and for the words " local health authority " in the second place where they occur there shall be substituted the words " Area Health Authority ".

The Medicines Act 1968

128

• (1) In section 55(2)(b) of the Medicines Act 1968 (which provides that the restrictions imposed by that Act on the supply of a medicinal product do not apply where the product is delivered or administered by a midwife and supplied in pursuance of arrangements made by a local health authority), for the words from " a local health authority" onwards there shall be substituted the words " the Secretary of State or the Ministry of Health and Social Services for Northern Ireland. ".

• (2) In section 131(5) of that Act (which provides that for the purposes of that section the provision of services by the Secretary of State under the principal Act shall be treated as the carrying on of a business by the Secretary of State), for the words "Act 1946 " there shall be substituted the words " Acts 1946 to 1973 " and for the words "Health Services Acts (Northern Ireland) 1948 to 1967" there shall be substituted the words " Health and Personal Social Services (Northern Ireland) Order 1972 ".

• (3) In section 132(1) of that Act (interpretation), in the definition of " health centre" for the words " section 21 of the National Health Service Act 1946" there shall be substituted the words " section 2 of the National Health Service Reorganisation Act 1973 " and for the words " section 17 of the Health Services Act (Northern Ireland) 1948 " there shall be substituted the words " Article 5 of the Health and Personal Social Services (Northern Ireland) Order 1972. "

The Nurses Act 1969

129

In section 6 of the Nurses Act 1969 (which provides that allowances may be paid to members of an area nurse-training committee or (in Scotland) a regional nurse-training committee), the words from the beginning to " (in Scotland) " shall be omitted.

The Post Office Act 1969

130

In section 86(1) of the Post Office Act 1969 (interpretation), in paragraph (a) of the definition of "national health service authority" for the words from "regional" onwards there shall be substituted the words " Regional Health Authority, Area Health Authority, special health authority or Family Practitioner Committee; " and in paragraph (c) of that definition for the words from " means " onwards there shall be substituted the words " means a Health and Social Services Board, the Northern Ireland Central Services Agency for the Health and Social Services or the Northern Ireland Staffs Council for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972. ".

The Local Authority Social Services Act 1970

131

• (1) In Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), at the end of the entry relating to the Health Visiting and Social Work (Training) Act 1962 there shall be inserted the following—

Section 5(1)(c)	Research into matters relating to functions of local authorities.

• (2) In that Schedule, at the end of the entry relating to the Health Services and Public Health Act 1968 there shall be inserted the following—

Section 65	Financial and other assistance to voluntary organisations.

The Chronically Sick and Disabled Persons Act 1970

132

• (1) In section 17(1) of the Chronically Sick and Disabled Persons Act 1970 (which provides that Regional Hospital Boards and Boards of Governors shall secure, so far as practicable, that younger patients are separated from older patients), for the words " Every board " to " teaching hospital) " there shall be substituted the words " The Secretary of State ".

• (2) For subsection (2) of that section (which provides that the Boards shall provide the Secretary of State with information as to persons to whom subsection (1) applies and that he shall lay before Parliament a statement of that information), there shall be substituted the following subsection—

(2) The Secretary of State shall in each year lay before each House of Parliament a statement, in such form as he considers appropriate, of information as to any persons to whom subsection (1) of this section applied who, not being elderly persons, have during the preceding year been cared for in a hospital vested in him and in such part of the hospital as is mentioned in that subsection.

The Pensions (Increase) Act 1971

133

At the end of paragraph 22 of Schedule 2 to the Pensions (Increase) Act 1971 (by virtue of which certain pensions payable by the Secretary of State under enactments relating to the health service are official pensions for the purposes of that Act) there shall be inserted the following sub-paragraph—

(d) section 44 of the National Health Service Reorganisation Act 1973 or section 34A of the National Health Service (Scotland) Act 1972.

The Tribunals and Inquiries Act 1971

134

In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971 (which among other things provides that Executive Councils and service committees of Executive Councils are tribunals under the direct supervision of the Council on Tribunals), for paragraph 17(a) there shall be substituted the following—

(17) (a) Family Practitioner Committees established in pursuance of section 5 of the National Health Service Reorganisation Act 1973 ;

and in paragraph 17(c) for the words " an Executive Council" there shall be substituted the words " a Family Practitioner Committee " and for the words " Act 1946 (c. 81)" there shall be substituted the words " Acts 1946 to 1973 ".

The Industrial Relations Act 1971

135

• (1) In section 167 of the Industrial Relations Act 1971 (interpretation), in subsection (2)(a) for the words "Executive Council" there shall be substituted the words " Area Health Authority or Family Practitioner Committee " and after the words " 1946 or " there shall be inserted the words " by a Health Board ".

• (2) In subsection (2)(b) of that section for the words "Executive Council" there shall be substituted the words " Area Health Authority, Family Practitioner Committee or Health Board ".

The Road Traffic Act 1972

136

• (1) In section 156 of the Road Traffic Act 1972 (which provides that payment for hospital treatment of a traffic casualty shall be made to a Regional Hospital Board or a Board of Governors of a teaching hospital), in subsection (1)(a) for the words from "National Health Service Act 1946" onwards there shall be substituted the words " National Health Service Acts 1946 to 1973, to the Area Health Authority or special health authority responsible for the administration of the hospital or to the Secretary of State if no such authority is so responsible ".

• (2) Paragraphs (b) and (c) of subsection (1) of that section shall be omitted.

• (3) In subsections (2)(a) and (3) of that section for the word " Board " there shall be substituted the word " Authority ".

The Employment Medical Advisory Service Act 1972

137

In section 1(6) of the Employment Medical Advisory Service Act 1972 (which imposes on every local education authority the duty of arranging for one of its officers who is a medical practitioner to furnish to an employment medical adviser such particulars of the school medical report and other medical history of a person who is under eighteen as the adviser requires for the efficient performance of his functions), for the words from " every " to " officers " there shall be substituted the words " the Secretary of State to secure that each Area Health Authority arranges for one of its officers ".

The National Health Service (Scotland) Act 1972

138

In section 22 of the National Health Service (Scotland) Act 1972 (supply of goods and services to local authorities, etc.), after subsection (2) there shall be added the following subsection—

(3) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles (Excise) Act 1971 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

139

In section 23 of that Act (assistance to voluntary organisations), after subsection (1) there shall be added the following subsection—

(1A) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles (Excise) Act 1971 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

140

In section 34(2) of that Act (transfer of other staff), after paragraph (f) there shall be inserted the following paragraph—

(g) an education authority wholly or mainly as a speech therapist for the purposes of providing special education in pursuance of sections 1 and 3A of the Education (Scotland) Act 1962.

141

After section 34 of that Act there shall be inserted the following section—

(34A) (1) In order to facilitate the early retirement of certain persons who might otherwise suffer, in consequence of this Act, loss of employment or loss or diminution of emoluments, any person who— (a) is in any such employment as may be prescribed for the purposes of this subsection ; and (b) attains or has attained the age of fifty on or before a prescribed date ; and (c) fulfils such other conditions as may be prescribed ; may by notice given before a prescribed date and in the prescribed manner elect that this section shall apply to him. (2) Where any person has made an election under the preceding subsection, then, unless within a prescribed period notice of objection to the election is given to him by a prescribed person, this section shall apply to him on his retirement within a prescribed period and before attaining the normal retiring age and compensation on his retirement shall not be payable to or in respect of him in pursuance of section 24 of the Superannuation Act 1972 (which among other things relates to compensation for loss of office). (3) Subject to the following subsection, the Secretary of State shall by regulations provide for the payment by him to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if— (a) at the date of his retirement he had attained the normal retiring age ; and (b) the actual period of his reckonable service were increased by such period as may be prescribed, not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age. (4) Regulations in pursuance of the preceding subsection shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme. (5) Any sums payable under regulations made in pursuance of subsection (3) of this section shall be treated for the purposes of section 73 of the Finance Act 1972 (under which compensation for loss of office or employment is chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid in pursuance of the said section 24, (6) In this section— - " normal retiring age " means— in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age ; and in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either Case, such other age as may be prescribed ; - " reckonable service", in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme ; and - " relevant superannuation scheme ", in relation to any person, means the instrument which is applicable in the case of his employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that employment.

142

In section 43(2) of that Act (which provides that, subject to the provisions of that section, Schedule 1 to the Parliamentary Commissioner Act 1967 shall apply to persons who have held office as Health Service Commissioner for Scotland), after the word " section " there shall be inserted the words " and subsection (4) to (6) of section 32 of the National Health Service Reorganisation Act 1973 ".

143

For subsection (2) of section 44 of that Act (administrative provisions), there shall be substituted the following subsection—

(2) Any function of the Commissioner under this Part of this Act may be performed by any officer of the Commissioner authorised for that purpose by him or by any officer so authorised of another Commissioner mentioned in subsection (4) of section 32 of the National Health Service Reorganisation Act 1973.

144

For subsection (2) of section 45 of that Act (bodies and action subject to investigation), there shall be substituted the following subsection—

(2) Subject to the provisions of this section, the Commissioner may investigate— (a) an alleged failure in a service provided by a body subject to investigation; or (b) an alleged failure of a body subject to investigation to provide a service which it was a function of the body to provide ; or (c) any other action taken by or on behalf of a body subject to investigation, in a case where a complaint is duly made by or on behalf of any person that he has sustained injustice or hardship in consequence of the failure or in consequence of maladministration connected with the other action. In this subsection, " function " includes a power and a duty.

145

• (1) In section 46(2) of that Act (provisions relating to complaints), for the word " other " there shall be substituted the words " by some body or ".

• (2) In subsection (4) of that section at the end there shall be inserted the words " ; but the Commissioner may disregard the preceding provisions of this subsection in relation to a complaint made by an officer of the body subject to investigation on behalf of the person aggrieved if the officer is authorised by virtue of subsection (2) of this section to make the complaint and the Commissioner is satisfied that in the particular circumstances those provisions ought to be disregarded. "

146

In section 47 of that Act (application of certain provisions of the Parliamentary Commissioner Act 1967), the words " except subsection (4)", where they first occur, shall be omitted; and at the end there shall be added the words " In sections 7(1) and 8(1) of the said Act of 1967 as applied by this section, the words ' the principal officer of' and ' Minister' shall be omitted. ".

147

For section 65(3) of that Act (extent), there shall be substituted the following subsection—

(3) The following provisions of this Act shall extend to England and Wales, namely, this subsection, sections 42(4), 47, 48(5), 50(1), paragraphs 104, 128, 130, 143 to 145 and 152 of Schedule 6, Schedule 7 so far as it relates to paragraphs 3 and 5 of Schedule 3 to the Redundancy Payments Act 1965 and subsection (1) of this section so far as it relates to the other provisions mentioned in this subsection.

148

After section 65(3) of that Act there shall be inserted the following subsection—

(4) The following provisions of this Act shall extend to Northern Ireland, namely, this subsection, sections 42(4), 47, 48(5), 50(1), paragraphs 104, 128, 130, 143 to 145 and 152 of Schedule 6 and subsection (1) of this section so far as it relates to the other provisions mentioned in this subsection.

149

In Schedule 6 to that Act (minor and consequential amendments to enactments), after paragraph 20 there shall be inserted the following paragraph—

(20A) In section 18(5) (application to Scotland of provisions in respect of superannuation of officers of certain hospitals), at the end there shall be added the words ", for the reference to Regional Hospital Boards or Area Health Authorities of a reference to Health Boards, and for the reference to services under the National Health Service Acts 1946 to 1973 of a reference to services under the National Health Service (Scotland) Acts 1947 to 1973

.

150

In Schedule 6 to that Act (minor and consequential amendments to enactments), after paragraph 156 there shall be inserted the following paragraph—

(156A) (1) In section 156(1)(c) of the Road Traffic Act 1972 (which provides that payment for hospital treatment of a traffic casualty will be made payable to the Secretary of State or to a Regional Hospital Board or Board of Management), for the Words from " Regional" to " Management" there shall be substituted the words " Health Board

.

Local Government Act 1972

151

• (1) At the end of section 113(1) of the Local Government Act 1972 (which gives power to a local authority to place officers at the disposal of another local authority) there shall be inserted the following subsection—

(1A) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with a Regional Health Authority, Area Health Authority or special health authority— (a) for the placing at the disposal of the Regional or Area Health Authority or special health authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority ; (b) for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the Regional or Area Health Authority or the special health authority ; but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.

• (2) After section 113(2) of that Act there shall be inserted the following subsection—

(3) An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities' functions.

152

In section 261(7) of that Act (which relates to the remuneration which officers of local authorities are to be deemed to be receiving for the purposes of the provisions of that Act relating to the transfer of officers and compensation for loss of office), after the words "loss of office" there shall be inserted the words " or for the purposes of the provisions of the National Health Service Reorganisation Act 1973 relating to the transfer of officers and the provisions of section 24 of the Superannuation Act 1972 (which among other things relate to compensation for loss of office) ".

SCHEDULE 5

Reorganisation of national health service.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The teaching hospitals to which the following names are assigned by orders made by virtue of section 11 of the principal Act before the passing of this Act, that is to say—

Editorial notes

[^c7024421]: Act repealed (28.6.1995 for specified purposes and 1.4.1996 otherwise) by 1995 c. 17, ss. 2(1)(3), 4(2), 5, 8, Sch. 1 Pt. III para. 98, Sch. 3 (with s. 4(1), Sch. 2 paras. 6, 12, 16); and functions of Act in so far as still in force transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; and Sch. 4 para. 92 expressed to be repealed (1.5.2004) by 2003 c. 42, s. 141, Sch. 7; S.I. 2004/874, art. 2

[^c7024451]: 1946 c. 81.

[^c7024461]: Ss. 2–13, 21, 22, 28, 31–39, 40 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7024471]: Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 58

[^c7024481]: 1977 c. 49.

[^c7024491]: Words inserted by Health Services Act 1980 (c. 53), Sch. 1 para. 23(1)(2)

[^c7024501]: Figure substituted by Health Services Act 1980 (c. 53), Sch. 1 para. 23(1)(2)

[^c7024521]: S. 15(3) extended by Health Services Act 1980 (c. 53), s. 6(2)

[^c7024531]: S. 15(3) modified by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(1), Sch. 6 para. 4

[^c7024541]: Words repealed by Health Services Act 1980 (c. 53), Sch. 7

[^c7024551]: S. 15(5A) inserted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 59

[^c7024561]: 1977 c. 49.

[^c7024571]: 1977 c. 49.

[^c7024581]: 1944 c. 31.

[^c7024591]: 1953 c. 33.

[^c7024601]: 1968 c. 46.

[^c7024611]: 1970 c. 42.

[^c7024621]: 1967 c. 39.

[^c7024631]: 1972 c. 72.

[^c7024641]: 1936 c. 49.

[^c7024651]: 1944 c. 31.

[^c7024661]: 1936 c. 49.

[^c7024671]: 1961 c. 64.

[^c7024681]: 1968 c. 46.

[^c7024691]: 1936 c. 49.

[^c7024701]: Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 27

[^c7024711]: 1936 c. 49.

[^c7024721]: 1970 c. 42.

[^c7024731]: Words inserted by Health Services Act 1980 (c. 53), Sch. 1 para. 23(1)(3)

[^c7024741]: 1936 c. 49.

[^c7024751]: 1957 c. 15.

[^c7024761]: 1960 c. 66.

[^c7024771]: 1972 c. 70.

[^c7024781]: Ss. 2–13, 21, 22, 28, 31–39, 40 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7024791]: Words substituted by S.I. 1982/75, art. 2(2)(a)

[^c7024801]: Words repealed by S.I. 1982/75, art. 2(2)(b)

[^c7024811]: Words substituted by S.I. 1982/75, art. 2(2)(c)

[^c7024821]: Words inserted by Health Services Act 1980 (c. 53), Sch. 1 para. 23(1)(4)

[^c7024841]: Words inserted by S.I. 1982/75, art. 2(2)(d)

[^c7024851]: Words substituted by S.I. 1982/75, art. 2(3)(a)

[^c7024861]: Words substituted by S.I. 1982/75, art. 2(3)(b)

[^c7024871]: Words substituted by S.I. 1982/75, art. 2(3)(c)

[^c7024881]: 1972 c. 70.

[^c7024891]: Ss. 2–13, 21, 22, 28, 31–39, 40 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7024901]: Words substituted by S.I. 1982/75, art. 2(4)(a)

[^c7024911]: Words repealed by S.I. 1982/75, art. 2(4)(b)

[^c7024941]: 1968 c. 46.

[^c7024951]: Words in s. 30(5) substituted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para.30

[^c7024961]: 1993 C. 10

[^c7024971]: Ss. 2–13, 21, 22, 28, 31–39, 40 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7024981]: Ss. 2–13, 21, 22, 28, 31–39, 40 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7024991]: S. 41 repealed by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 3

[^c7025001]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025011]: 1972 c. 11.

[^c7025021]: 1972 c. 41.

[^c7025031]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025041]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025051]: 1895 c. 16.

[^c7025061]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025071]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025081]: Ss. 42, 43, 45–48, 50–53, 54(1)(5) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025101]: 1958 c. 55.

[^c7025111]: 1946 c. 81.

[^c7025121]: Definitions repealed by National Health Service Act 1977 (c. 49), Sch. 16

[^c7025131]: Words repealed by Interpretation Act 1978 (c. 30), Sch. 3

[^c7025141]: Words repealed by Health Services Act 1980 (c. 53), Sch. 7

[^c7025161]: Words repealed by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 3

[^c7025191]: Ss. 57(1) repealed with saving by National Health Service Act 1977 (c. 49), s. 129, Sch. 14 para. 13(i), Sch. 16

[^c7025201]: The text of s. 57(2), Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c7025211]: Ss. 57(6), 58(6), Schs. 1, 3 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025221]: Word “and” and s. 58(1)(a) repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025231]: 1947 c. 27.

[^c7025241]: 1957 c. 28.

[^c7025251]: 1958 c. 32.

[^c7025261]: 1960 c. 34.

[^c7025271]: 1962 c. 33.

[^c7025281]: 1965 c. 62.

[^c7025291]: 1966 c. 20.

[^c7025301]: 1972 c. 58.

[^c7025311]: Ss. 57(6), 58(6), Schs. 1, 3 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025321]: Ss. 57(6), 58(6), Schs. 1, 3 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025331]: Ss. 57(6), 58(6), Schs. 1, 3 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[^c7025341]: Sch. 4 repealed with saving by National Health Service Act 1977 (c. 49), s. 129, Sch. 14 para. 13(1), Sch. 16 (Sch. 4 para. 45 expressed to be repealedprosp. by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch.10, para. 80 expressed to be repealed by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(2)(3), Sch. 6 Pt. I, and para. 123 expressed to be repealed in part by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch.11)

[^c7025351]: Sch. 4 para. 134 expressed to be repealed (1. 10. 1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.

[^c7025361]: The text of s. 57(2), Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.