The National Health Service (Determination of Districts) Order 1994

Made: 10th March 1994

Laid before Parliament: 10th March 1994

Coming into force: 1st April 1994

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 1994 and shall come into force on 1st April 1994.

• (2) In this Order—

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

• “the material date” means 1st April 1994;

• “the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1994[^f00002], 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 Suffolk Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1993[^f00003]; in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990[^f00004];

• “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 the old authority 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 2(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981[^f00005] shall apply to the interpretation of references in article 2(4) of, and 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 20 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 4 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) Kingston and Richmond District is varied to exclude the wards (as altered by the London Borough of Wandsworth (Electoral Arrangements) Order 1977[^f00006] of East Putney, Parkside, Roehampton, Thamesfield, West Hill and West Putney in the London borough of Wandsworth, and it is further varied to exclude, and Mid Surrey District is varied to include, the area of the former urban district of Esher, in the borough of Elmbridge, in the county of Surrey.

• (5) South Birmingham District is varied to exclude in Nechells ward in the city of Birmingham, that part lying to the west of the avoiding railway line which runs from Saltley Viaduct to Landor Street Junction to Coventry Road.

• (6) In the National Health Service (Determination of Districts) Order 1981—

• (a) in regulation 3(3) for the words from “the Schedule” to “that Schedule” there are substituted the words “Schedule 3 to the National Health Service (Determination of Regions) Order 1994[^f00007], and numbered 1 to 8 in that Schedule”;

• (b) for Schedule 1 there is substituted the new Schedule 1 set out in Schedule 5 to this Order.

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 or 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 and 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[^f00008], 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[^f00009] 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 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 as the case may be.

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[^f00010] 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 the Health Service Commissioners Act 1993[^f00011] 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 properties 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[^f00012] 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 a person who is a trustee by virtue of his office with any of the old authorities, the trustee shall from that date 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
Basingstoke and North Hampshire Health Authority	North and Mid Hampshire Health Authority
Bath Health Authority	Wiltshire and Bath Health Authority
Bexley Health Authority	Bexley and Greenwich Health Authority
Blackburn, Hyndburn and Ribble Valley Health Authority	East Lancashire Health Authority
Blackpool, Wyre and Fylde Health Authority	North West Lancashire Health Authority
Burnley, Pendle and Rossendale Health Authority	East Lancashire Health Authority
Bury Health Authority	Bury and Rochdale Health Authority
Canterbury and Thanet Health Authority	East Kent Health Authority
Central Manchester Health Authority	Manchester Health Authority
Chorley and South Ribble Health Authority	South Lancashire Health Authority
Dartford and Gravesham Health Authority	West Kent Health Authority
East Birmingham Health Authority	North Birmingham Health Authority
East Cumbria Health Authority	North Cumbria Health Authority
Gateshead Health Authority	South of Tyne Health Authority
Greenwich Health Authority	Bexley and Greenwich Health Authority
Hartlepool Health Authority	Tees Health Authority
Kettering Health Authority	Northamptonshire Health Authority
Lancaster Health Authority	Morecambe Bay Health Authority
Maidstone Health Authority	West Kent Health Authority
Medway Health Authority	West Kent Health Authority
Merton and Sutton Health Authority	Merton, Sutton and Wandsworth Health Authority
Mid Staffordshire Health Authority	South Staffordshire Health Authority
Northampton Health Authority	Northamptonshire Health Authority
North Bedfordshire Health Authority	Bedfordshire Health Authority
North Birmingham Health Authority	North Birmingham Health Authority
North Lincolnshire Health Authority	Lincolnshire Health Authority
North Manchester Health Authority	Manchester Health Authority
North Tees Health Authority	Tees Health Authority
Norwich Health Authority	East Norfolk Health Authority
Oldham Health Authority	West Pennine Health Authority
Preston Health Authority	North West Lancashire Health Authority
Rochdale Health Authority	Bury and Rochdale Health Authority
Salisbury Health Authority	Wiltshire and Bath Health Authority
Salford Health Authority	Salford and Trafford Health Authority
South Bedfordshire Health Authority	Bedfordshire Health Authority
South Cumbria Health Authority	Morecambe Bay Health Authority
South East Kent Health Authority	East Kent Health Authority
South East Staffordshire Health Authority	South Staffordshire Health Authority
South Lincolnshire Health Authority	Lincolnshire Health Authority
South Manchester Health Authority	Manchester Health Authority
South Tees Health Authority	Tees Health Authority
South Tyneside Health Authority	South of Tyne Health Authority
Suffolk Health Authority	Suffolk Health Authority
Swindon Health Authority	Wiltshire and Bath Health Authority
Tameside and Glossop Health Authority	West Pennine Health Authority
Trafford Health Authority	Salford and Trafford Health Authority
Tunbridge Wells Health Authority	West Kent Health Authority
Wandsworth Health Authority	Merton, Sutton and Wandsworth Health Authority
West Cumbria Health Authority	North Cumbria Health Authority
West Birmingham Health Authority	North Birmingham Health Authority
West Lancashire Health Authority	South Lancashire Health Authority
Winchester Health Authority	North and Mid Hampshire Health Authority

PART II — GREAT YARMOUTH AND WAVENEY HEALTH AUTHORITY

1

As respects the Great Yarmouth and Waveney Health Authority (in this Part referred to as “the old authority”), the relevant new authority shall be determined in accordance with the following paragraphs of this Part.

2

For the purposes of articles 3 and 4 of this Order (transfer ofofficers and preservation of training arrangements), the relevant newauthority shall—

• (a) in relation to officers of the old authority employed in any hospital managed by that authority, be the Anglia and Oxford Regional Health Authority;

• (b) in relation to any other officers of the old authority, be the East Norfolk Health Authority.

3

For the purposes of article 5 of this Order (enforceability of rights), the relevant new authority shall—

• (a) in relation to any right which arose in connection with the old authority’s management of any hospital, be the Anglia and Oxford Regional Health Authority;

• (b) in relation to any other right to which that article applies, be the East Norfolk Health Authority.

4

For the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall—

• (a) 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 Anglia and Oxford Regional Health Authority;

• (b) for all other purposes of that article, be the East Norfolk Health Authority.

5

For the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall be the Anglia and Oxford Regional Health Authority.

6

For the purposes of article 10 of this Order (investigation of complaints by the Health Service Commissioner) the relevant new authority shall—

• (a) where the complaint referred to in that article is made in respect of the old authority’s management of any hospital, be the Anglia and Oxford Regional Health Authority,

• (b) for all other purposes of that article, be—

• (i) where the complaint is made by or on behalf of a person who is resident in the district of Waveney in the county of Suffolk, the Suffolk Health Authority;

• (ii) where the complaint is made by or on behalf of a person who is not resident in that district, the East Norfolk Health Authority.

7

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—

• (a) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in paragraph 2(a) above, be the Anglia and Oxford Regional Health Authority;

• (b) in the case of any other trust, be the East Norfolk Health Authority.

8

For all other purposes of this Order, the relevant new authority shall be the East Norfolk Health Authority.

SCHEDULE 2 — DISTRICTS ABOLISHED

• Basingstoke and North Hampshire District

• Bath District

• Bexley District

• Blackburn, Hyndburn and Ribble Valley District

• Blackpool, Wyre and Fylde District

• Burnley, Pendle and Rossendale District

• Bury District

• Canterbury and Thanet District

• Central Manchester District

• Chorley and South Ribble District

• Dartford and Gravesham District

• East Birmingham District

• East Cumbria District

• Gateshead District

• Great Yarmouth and Waveney District

• Greenwich District

• Hartlepool District

• Kettering District

• Lancaster District

• Maidstone District

• Medway District

• Merton and Sutton District

• Mid Staffordshire District

• Northampton District

• North Bedfordshire District

• North Birmingham District

• North Lincolnshire District

• North Manchester District

• North Tees District

• Norwich District

• Oldham District

• Preston District

• Rochdale District

• Salford District

• Salisbury District

• South Bedfordshire District

• South Cumbria District

• South East Kent District

• South East Staffordshire District

• South Lincolnshire District

• South Manchester District

• South Tees District

• South Tyneside District

• Suffolk District

• Swindon District

• Tameside and Glossop District

• Trafford District

• Tunbridge Wells District

• Wandsworth District

• West Birmingham District

• West Cumbria District

• West Lancashire District

• Winchester District

SCHEDULE 3 — NEW DISTRICTS CORRESPONDING TO TWO OR MORE OLD DISTRICTS

(1)	(2)
Name of new district	Name of former district
Bedfordshire	North Bedfordshire
	South Bedfordshire
Bexley and Greenwich	Bexley
	Greenwich
Bury and Rochdale	Bury
	Rochdale
East Kent	Canterbury and Thanet
	South East Kent
East Lancashire	Blackburn, Hyndburn and Ribble Valley
	Burnley, Pendle and Rossendale
Lincolnshire	North Lincolnshire
	South Lincolnshire
Manchester	Central Manchester
	North Manchester
	South Manchester
Morecambe Bay	Lancaster
	South Cumbria
Northamptonshire	Kettering
	Northampton
North Cumbria	East Cumbria
	West Cumbria
North and Mid Hampshire	Basingstoke and North Hampshire
	Winchester
North West Lancashire	Blackpool, Wyre and Fylde
	Preston
Salford and Trafford	Salford
	Trafford
South Lancashire	West Lancashire
	Chorley and South Ribble
South of Tyne	Gateshead
	South Tyneside
South Staffordshire	Mid Staffordshire
	South East Staffordshire
Tees	Hartlepool
	North Tees
	South Tees
West Kent	Dartford and Gravesham
	Maidstone
	Medway
	Tunbridge Wells
West Pennine	Oldham
	Tameside and Glossop
Wiltshire and Bath	Bath
	Salisbury
	Swindon

SCHEDULE 4 — NEWLY ESTABLISHED DISTRICTS NOT CORRESPONDING TO TWO OR MORE OLD DISTRICTS

(1)	(2)
Name of new district	Description of district
East Norfolk District	In the county of Norfolk— the city of Norwich; the borough of Great Yarmouth; the district of Breckland (except the parishes of Ashill, Beachamwell, Beeston with Bittering, Cockley Cley, Colkirk, Cranwich, Didlington, Foulden, Fransham, Gooderstone, Great Cressingham, Great Dunham, Hilborough, Holme Hale, Horningtoft, Ickburgh, Kempston, Lexham, Litcham, Little Cressingham, Little Dunham, Longham, Lynford, Mileham, Mundford, Narborough, Narfold, Necton, Newton by Castle Acre, North Pickenham, Oxborough, Rougham, South Acre, South Pickenham, Sporle with Palgrave, Stanfield, Stanford, Sturston, Swaffham, Tittleshall, Weasenham All Saints, Weasenham St. Peter, Weeting-with-Broomhill, Wellingham, Wendling, and Whissonsett); the districts of Broadland; North Norfolk (except the parishes of Dunton, Helhoughton, Raynham, Sculthorpe, and Tattersett) and South Norfolk.
Merton, Sutton and Wandsworth District	In Greater London— the London boroughs of Merton, Sutton and Wandsworth.
North Birmingham District	In the county of West Midlands— in the city of Birmingham, the wards (as altered by the city of Birmingham (Electoral Arrangements) Order 1980[^f00013]) of Acock’s Green, Aston, Erdington, Handsworth, Hodge Hill, Kingsbury, Kingstanding, Ladywood, Nechells, Oscott, Perry Barr, Sandwell, Shard End, Sheldon, Small Heath, Soho, Stockland Green, Sutton Four Oaks, Sutton New Hall, Sutton Vesey, Washwood Heath, and Yardley.
Suffolk District	The county of Suffolk.

SCHEDULE 5 — NEW SCHEDULE 1 SUBSTITUTED IN 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 — 10th March 1994

Explanatory note

(This note is not part of the Order)

This Order abolishes on 1st April 1994 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 1994 by the National Health Service (District Health Authorities) Order 1994 to the relevant new 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 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. 1994/680.

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

[^f00004]: S.I. 1990/1756, as amended by S.I. 1991/325, 2040, 1992/119, 366, 2164, 2752, 1993/572 and 2218.

[^f00005]: 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, 2751, 1993/574 and 2219.

[^f00006]: S.I. 1977/1962.

[^f00007]: S.I. 1994/683.

[^f00008]: 1990 c. 19.

[^f00009]: 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).

[^f00010]: 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).

[^f00011]: 1993 c. 46.

[^f00012]: See section 91 of the National Health Service Act 1977 (c. 49).

[^f00013]: S.I. 1980/594.

[^f00014]: See The Derbyshire Dales (Parishes) Order 1991 (S.I. 1991/2574).

[^f00015]: S.I. 1984/89.

[^f00016]: See section 10 of the Channel Tunnel Act 1987 (c. 53).

[^f00017]: S.I. 1975/2145.

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

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

[^f00020]: S.I. 1982/1759.