The National Health Service (Determination of Districts) Order 1993

Made: 9th March 1993

Laid before Parliament: 10th March 1993

Coming into force: 1st April 1993

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 1977[^f00001]and of all other powers enabling her in that behalf, hereby makes the following Order:–

Citation, commencement and interpretation

1

• (1) This Order may be cited as the National Health Service (Determination of Districts) Order 1993 and shall come into force on 1st April 1993, immediately after the National Health Service (Determination of Districts) (No. 2) Order 1992[^f00002]comes fully into force.

• (2) In this Order, unless the context otherwise requires–

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

• “the material date” means 1st April 1993;

• “the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1993[^f00003], 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– in the case of the Bloomsbury and Islington Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1990[^f00004]; in the case of the North East Warwickshire Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1991[^f00005]; and in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990;

• “the relevant new authority” means– as respects any old authority specified in column (1) in Part I of Schedule 1 to this Order, the new authority which is specified in column (2) of that Part in relation to that old authority; and as respects each of the old authorities referred to in Part II of that Schedule, the new authority which is determined, in accordance with that Part, to be the relevant new authority in relation to that old authority.

• (3) The provisions of sub-paragraphs (a) and (b) of article 1(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981[^f00006]shall apply with respect to the interpretation of references in Schedule 4 to this Order as they apply to references in Schedule 1 to that Order.

Variation of districts

2

• (1) The districts specified in Schedule 2 to this Order are hereby abolished.

• (2) There are determined 16 new districts, to be known by the names specified in column (1) of Schedule 3 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.

• (3) There are also determined 8 new districts, to be known by the names specified in column (1) of Schedule 4 to this Order, and each comprising the district described in relation to it in column (2) of that Schedule.

• (4) Norwich District is varied to include the parish of Thetford, in the district of Breckland, in the county of Norfolk.

• (5) For Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 there is substituted the new Part I set out in Schedule 5 to this Order.

• (6) In Part II of Schedule 1 to that Order the entries in columns (1), (2), (3) and (4) relating to Calderdale District are omitted.

Transfer of officers employed by District Health Authorities

3

• (1) Except as provided by paragraphs (2) and (3) 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.

• (3) This article shall not apply to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990[^f00007], to be transferred on the material date to a National Health Service trust.

Preservation of training arrangements

4

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.

Enforceability of rights

5

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.

Winding up of affairs of old authorities

6

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.

Accounts of old authorities

7

Any duty imposed on any of the old authorities by section 98[^f00008]of the Act, but not performed by the material date, shall be performed by the relevant 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.

Provision for continuity in exercise of functions

8

• (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 by 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 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.

Accommodation and services made available on payment of charges

9

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 65[^f00009]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.

Investigation of complaints by Health Service Commissioner

10

• (1) A complaint made under Part V of the Act 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 relevant new authority and (except where it is itself the relevant new authority) to the Regional Health Authority in whose region the district of that new authority is situated.

Transfer of trust property of old authorities

11

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.

Exercise of powers in relation to trusts

12

Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service[^f00010]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.

Appointment of new trustees

13

Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.

SCHEDULE 1 — RELEVANT NEW AUTHORITIES

PART I

(1)	(2)
Name of old authority	Name of new authority
Aylesbury Vale Health Authority	Buckinghamshire Health Authority
Barking, Havering and Brentwood Health Authority	Barking and Havering Health Authority
Basildon and Thurrock Health Authority	South Essex Health Authority
Bloomsbury and Islington Health Authority	Camden and Islington Health Authority
Brighton Health Authority	East Sussex Health Authority
Calderdale Health Authority	West Yorkshire Health Authority
City and Hackney Health Authority	East London and The City Health Authority
Darlington Health Authority	South Durham Health Authority
Dewsbury Health Authority	West Yorkshire Health Authority
Ealing Health Authority	Ealing Hammersmith and Hounslow Health Authority
Eastbourne Health Authority	East Sussex Health Authority
East Suffolk Health Authority	Suffolk Health Authority
East Yorkshire Health Authority	East Riding Health Authority
Enfield Health Authority	New River Health Authority
Exeter Health Authority	Exeter and North Devon Health Authority
Grimsby Health Authority	Grimsby and Scunthorpe Health Authority
Hampstead Health Authority	Camden and Islington Health Authority
Haringey Health Authority	New River Health Authority
Harrow Health Authority	Brent and Harrow Health Authority
Hastings Health Authority	East Sussex Health Authority
Hounslow and Spelthorne Health Authority	Ealing Hammersmith and Hounslow Health Authority
Huddersfield Health Authority	West Yorkshire Health Authority
Hull Health Authority	East Riding Health Authority
Kingston and Esher Health Authority	Kingston and Richmond Health Authority
Mid Essex Health Authority	North Essex Health Authority
Milton Keynes Health Authority	Buckinghamshire Health Authority
Newham Health Authority	East London and The City Health Authority
North Devon Health Authority	Exeter and North Devon Health Authority
North East Essex Health Authority	North Essex Health Authority
North East Warwickshire Health Authority	Warwickshire Health Authority
North West Surrey Health Authority	North West Surrey Health Authority
Parkside Health Authority	Kensington Chelsea and Westminster Health Authority
Plymouth Health Authority	Plymouth and Torbay Health Authority
Pontefract Health Authority	Wakefield Health Authority
Redbridge Health Authority	Redbridge and Waltham Forest Health Authority
Richmond, Twickenham and Roehampton Health Authority	Kingston and Richmond Health Authority
Scunthorpe Health Authority	Grimsby and Scunthorpe Health Authority
Southend Health Authority	South Essex Health Authority
South Warwickshire Health Authority	Warwickshire Health Authority
South West Durham Health Authority	South Durham Health Authority
South West Surrey Health Authority	South West Surrey Health Authority
Torbay Health Authority	Plymouth and Torbay Health Authority
Tower Hamlets Health Authority	East London and The City Health Authority
Wakefield Health Authority	Wakefield Health Authority
Waltham Forest Health Authority	Redbridge and Waltham Forest Health Authority
West Essex Health Authority	North Essex Health Authority
West Suffolk Health Authority	Suffolk Health Authority
Wycombe Health Authority	Buckinghamshire Health Authority

PART II

Riverside Health Authority

1

As respects the Riverside Health Authority (in this paragraph referred to as “the old authority”)–

• (a) for the purposes of articles 3 and 4 of this Order (transfer of officers and preservation of training arrangements), the relevant new authority shall–

• (i) in relation to officers of the old authority employed in any hospital managed by that authority, be the North West Thames Regional Health Authority,

• (ii) in relation to any other officers of the old authority, be the Ealing Hammersmith and Hounslow Health Authority;

• (b) for the purposes of article 5 of this Order (enforceability of rights), the relevant new authority shall–

• (i) in relation to any right which arose in connection with the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

• (ii) in relation to any other right to which that article applies, be the Ealing Hammersmith and Hounslow Health Authority;

• (c) for the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall–

• (i) in relation to any thing done, any application or instrument made, any direction, notice or authorisation given, or any form supplied, as mentioned in that article in connection with the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

• (ii) for all other purposes of that article, be the Ealing Hammersmith and Hounslow Health Authority;

• (d) for the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall be the North West Thames Regional Health Authority;

• (e) for the purposes of article 10 of this Order (investigation of complaints by the Health Service Commissioner) the Relevant new authority shall–

• (i) where the complaint referred to in that article is made in respect of the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

• (ii) for all other purposes of that article, be the Ealing Hammersmith and Hounslow Health Authority;

• (f) for the purposes of articles 11, 12 and 13 of this Order (transfer of trust property, exercise of powers and appointment of trustees), the relevant new authority shall–

• (i) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in sub-paragraph (a)(i) above, be the North West Thames Regional Health Authority,

• (ii) in the case of any other trust, be the Ealing Hammersmith and Hounslow Health Authority;

• (g) for all other purposes of this Order, the relevant new authority shall be the Ealing Hammersmith and Hounslow Health Authority.

West Surrey and North East Hampshire Health Authority

2

As respects the West Surrey and North East Hampshire Health Authority (in this paragraph referred to as “the old authority”)–

• (a) for the purposes of articles 3 and 4 of this Order (transfer of officers and preservation of training arrangements), the relevant new authority shall–

• (i) in relation to officers of the old authority employed in any hospital which is part of the Farnham, Fleet and Community Unit or the West Surrey and North East Hampshire Mental Health Unit, be the South West Surrey Health Authority,

• (ii) in relation to any other officers of the old authority, be the North West Surrey Health Authority;

• (b) for the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall–

• (i) in relation to any thing done, any appointment or instrument made, any direction, notice or authorisation given, or any form supplied, as mentioned in that article in connection with the old authority’s management of any hospital referred to in sub- paragraph (a)(i) above, be the South West Surrey Health Authority,

• (ii) for all other purposes of that article, be the North West Surrey Health Authority;

• (c) for the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall–

• (i) in the case of a hospital in respect of which that article applies which is referred to in sub-paragraph (a)(i) above, be the South West Surrey Health Authority,

• (ii) in the case of any other hospital in respect of which that article applies, be the North West Surrey Health Authority;

• (d) for the purposes of articles 11, 12 and 13 of this Order (transfer of trust property, exercise of powers and appointment of trustees), the relevant new authority shall–

• (i) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in sub-paragraph (a)(i) above, be the South West Surrey Health Authority,

• (ii) in the case of any other trust, be the North West Surrey Health Authority;

• (e) for all other purposes of this Order, the relevant new authority shall be the North West Surrey Health Authority.

SCHEDULE 2 — DISTRICTS ABOLISHED

• Aylesbury Vale District

• Barking, Havering and Brentwood District

• Basildon and Thurrock District

• Bloomsbury and Islington District

• Brighton District

• Calderdale District

• City and Hackney District

• Darlington District

• Dewsbury District

• Ealing District

• Eastbourne District

• East Suffolk District

• East Yorkshire District

• Enfield District

• Exeter District

• Grimsby District

• Hampstead District

• Haringey District

• Harrow District

• Hastings District

• Hounslow and Spelthorne District

• Huddersfield District

• Hull District

• Kingston and Esher District

• Mid Essex District

• Milton Keynes District

• Newham District

• North Devon District

• North East Essex District

• North East Warwickshire District

• North West Surrey District

• Parkside District

• Plymouth District

• Pontefract District

• Redbridge District

• Richmond, Twickenham and Roehampton District

• Riverside District

• Scunthorpe District

• Southend District

• South Warwickshire District

• South West Durham District

• South West Surrey District

• Torbay District

• Tower Hamlets District

• Wakefield District

• Waltham Forest District

• West Essex District

• West Suffolk District

• West Surrey and North East Hampshire District

• Wycombe District

SCHEDULE 3 — OLD AND NEW DISTRICTS

(1)	(2)
Name of new district	Name of former district
Buckinghamshire District	Aylesbury Vale District Milton Keynes District Wycombe District
Camden and Islington District	Bloomsbury and Islington District Hampstead District
East London and The City District	City and Hackney District Newham District Tower Hamlets District
East Riding District	Hull District East Yorkshire District
East Sussex District	Brighton District Eastbourne District Hastings District
Exeter and North Devon District	Exeter District North Devon District
Grimsby and Scunthorpe District	Grimsby District Scunthorpe District
Kingston and Richmond District	Kingston and Esher District Richmond, Twickenham and Roehampton District
New River District	Enfield District Haringey District
North Essex District	North East Essex District Mid Essex District West Essex District
Plymouth and Torbay District	Plymouth District Torbay District
Redbridge and Waltham Forest District	Redbridge District Waltham Forest District
South Durham District	Darlington District South West Durham District
Wakefield District	Pontefract District Wakefield District
Warwickshire District	North East Warwickshire District South Warwickshire District
West Yorkshire District	Calderdale District Dewsbury District Huddersfield District

SCHEDULE 4 — NEWLY ESTABLISHED DISTRICTS

(1)	(2)
Name of new district	Description of district
Barking and Havering District	In Greater London– the London boroughs of Barking and Dagenham, and Havering.
Brent and Harrow District	In Greater London– the London boroughs of Brent and Harrow.
Ealing Hammersmith and Hounslow District	In Greater London– the London boroughs of Ealing Hammersmith and Fulham, and Hounslow.
Kensington Chelsea and Westminster District	In Greater London– the Royal borough of Kensington and Chelsea, and the city of Westminster.
North West Surrey District	In the county of Surrey– the boroughs of Runnymede, Spelthorne, Surrey Heath and Woking; in the borough of Elmbridge, the area of the former urban district of Walton and Weybridge.
South Essex District	In the county of Essex– the districts of Basildon (as altered by the Basildon and Castle Point (Areas) Order 1984[^f00011]), Brentwood, Castle Point (as altered by the Basildon and Castle Point (Areas) Order 1984) , Rochford, Southend-on-Sea, and Thurrock.
South West Surrey District	In the county of Surrey– the borough of Guildford; the district of Waverley
Suffolk District	The county of Suffolk, except the district of Waveney.

SCHEDULE 5 — NEW PART I TO BE SUBSTITUTED IN SCHEDULE 1 TO THE NATIONAL HEALTH SERVICE (DETERMINATION OF DISTRICTS) ORDER 1981

Signed

Signed by authority of the Secretary of State for Health

Tom Sackville — Parliamentary Under Secretary of State, — Department of Health — 9th March 1993

Explanatory note

(This note is not part of the Order)

This Order abolishes on 1st April 1993 the districts specified in Schedule 2, and determines the new districts specified in Schedules 3 and 4, for the purposes of the National Health Service Act 1977.

This Order makes provision for the transfer of officers (article 3) from health authorities abolished on 1st April 1993 by the National Health Service (District Health Authorities) Order 1993 to the relevant new health authorities established by that Order, 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 substitutes a new Part I in 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 (article 2 and Schedule 5).

Footnotes

[^f00001]: 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.

[^f00002]: S.I. 1992/367.

[^f00003]: S.I. 1993/572.

[^f00004]: S.I. 1990/1756, as amended by S.I. 1991/325, 2040, 1992/119, 366, 2164 and 2752.

[^f00005]: S.I. 1991/325.

[^f00006]: S.I. 1981/1837, as amended by S.I. 1982/344, 1983/30, 336, 1984/328, 1985/25, 370, 1988/407, 1990/1755, 1991/326, 2039, 1992/120, 367, 2163 and 2751.

[^f00007]: 1990 c. 19.

[^f00008]: Section 98 was amended by paragraphs 69 and 97 of Schedule 1 to the Health Services Act 1980 (c. 53), paragraph 3 of Schedule 5 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 6(2) of, and Part I of Schedule 8 to, the Health and Social Security Act 1984 (c. 48) and section 20 of the National Health Service and Community Care Act 1990 (c. 19).

[^f00009]: Section 65 was substituted by section 7(10) of the Health and Medicines Act 1988 (c. 49), and amended by section 25 of the National Health Service and Community Care Act 1990 (c. 19).

[^f00010]: See section 91 of the National Health Service Act 1977 (c. 49).

[^f00011]: S.I. 1984/89.

[^f00012]: S.I. 1984/89.

[^f00013]: S.I. 1977/1962.

[^f00014]: S.I. 1975/2145.

[^f00015]: S.I. 1977/1962.

[^f00016]: S.I. 1980/594.

[^f00017]: S.I. 1980/594.

[^f00018]: S.I. 1980/594.

[^f00019]: S.I. 1982/1759.

[^f00020]: S.I. 1978/1863.

[^f00021]: S.I. 1982/1759.

[^f00022]: S.I. 1981/284.