Health Services Act 1980

Part IE+W+S Amendments relating to District Health Authorities

The Public Health Act 1936E+W+S

[F11E+W+SIn section 143(3) of the M1Public Health Act 1936 after the words “Area Health Authorities” there shall be inserted the words “ District Health Authorities ”.]

2E+W+SIn section 169(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

3E+W+SIn section 244(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

The Polish Resettlement Act 1947E+W+S

4In section 4(1) of the M2Polish Resettlement Act 1947, after the words “Area Health Authorities” there shall be inserted the words “ or District ”.

5E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

The Recall of Army and Air Force Pensioners Act 1948E+W+S

6In the Schedule to the M3Recall of Army and Air Force Pensioners Act 1948, in paragraph 2, after the word “Wales” there shall be inserted the words “ of a District Health Authority of which the district is in Wales ”.

7, 8.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

The Midwives Act 1951E+W+S

9(1)The M4Midwives Act 1951 shall be amended as provided in this paragraph.

(2)In section 23(2) for the words “of which the areas”, there shall be substituted the words “ and District Health Authorities of which the areas or districts ”.

(3)In section 29(2), for the words from “Regional” to the end there shall be substituted the words “following authority for the region, area or district, as the case may be, in which the prosecution takes palce, that is to say—

(a)where the prosecution takes place in England, the Regional Health Authority for the region in which the prosecution takesa place; and

(b)where the prosecution takes place in Wales, the Area Health Authority or District Health Authority for the area or district.”.

(4)For section 31 there shall be substituted the following—

The following health authorities shall be the local supervising authority over certified midwives, that is to say—

(a)for midwives within a region in England, the Regional Health Authority for the region; and

(b)for midwives within an area or district in Wales, the Area Health Authority or District Health Authority for the area or district.”.

The Landlord and Tenant Act 1954E+W+S

10In section 57(6) of the M5Landlord and Tenant Act 1954, after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

The Nurses Act 1957E+W+S

11(1)The M6Nurses Act 1957 shall be amended as provided in this paragraph.

(2)In section 11(2)(c), after the words “Area Health Authorities” there shall be inserted the words “ and District Health Authorities ”.

(3)In section 13(1), after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

(4)In section 14, after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

(5)In section 16, after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

(6)In Schedule 2, in paragraph 1(b), after the words “the areas” there shall be inserted the words “ and District Health Authorities of which the districts ”.

The Public Records Act 1958E+W+S

12E+W+SIn Schedule 1 to the M7Public Records Act 1958, in the entries in the Table relating to National health service hospitals, for the words from “Regional” to “Area” (in both places) there shall be substituted the words “ Regional, Area or District ”.

13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

The Radioactive Substances Act 1960E+W+S

14In section 14(1) of the M8Radioactive Substances Act 1960, after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

15E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

The Parliamentary Commissioner Act 1967E+W+S

16In Schedule 3 to the M9Parliamentary Commissioner Act 1967, in paragraph 8, after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

The Abortion Act 1967E+W+S

17(1)In section 1(3) of the M10Abortion Act 1967, for the words from “the Minister” to the end there shall be substituted the words “ the Secretary of State for the purposes of his functions under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 or in a place approved for the purposes of this section by the Secretary of State. ”E+W+S

(2)In section 3(1) of the Abortion Act 1967, for the words from “a Minister” to “Acts” there shall be substituted the words “ the Secretary of State ”.

The Leasehold Reform Act 1967E+W+S

18In section 28 of the M11Leasehold Reform Act 1967, in subsection (5)(d), after the words “Area Health Authority”, there shall be inserted the words “ any District Health Authority ” and, in subsection (6)(c), after the words “Area Health Authority” there shall be insertd the words “ District Health Authority ”.

The Health Services and Public Health Act 1968E+W+S

19(1)The M12shall be amended as provided in this paragraph.

[F6(2)In section 48(2), in paragraph (a), after the words “whose area” there shall be inserted the words “ or the District Health Authority within whose district ” and, in paragraph (b), after the words “for that area”, there shall be substituted the words “ or the District Health Authority for the district ”.]

(3)In section 63, in subsection (1)(a) and in subsection (2)(b), after the words “Area Health Authority” there shall be inserted the words “ District Health Authority ”.

(4)In section 64, in subsection (3)(b), after the words “Area Health Authority” there shall be inserted the words “ or District Health Authority ”.

[F6(5)In section 70(1), after the words “whose area”, there shall be inserted the words “ or the District Health Authority within whose district ”.]

The Post Office Act 1969E+W+S

20In section 86(1) of the M13Post Office Act 1969, in the definition of “national health service authority”, in relation to England and Wales, after the words “Area Health Authority”, there shall be inserted the words “ District Health Authority ”.

21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

The Local Government Act 1972E+W+S

22In section 113(1A) of the M14Local Government Act 1972, after the words “Area Health Authority”, where first appearing, there shall be inserted the words “ District Health Authority ” and for the words “or Area”, in paragraphs (a) and (b), there shall be substituted the words “ Area or District ”.

The National Health Service Reorganisation Act 1973E+W+S

23(1)The M15National Health Service Reorganisation Act 1973 shall be amended as provided in this paragraph.

(2)In section 14(2), in paragraph (a), between the words “Area” and “Health Authorities” there shall be inserted the words “ or District ” and in paragraph (b), for the figure “3” (in both places), there shall be substituted the figure “ 2 ”.

(3)In section 18(7), in the definition of “new health authority”, between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

(4)In section 24(1), in column 2 of the Table, after the words “Area Health Authorities” in the second paragraph, there shall be inserted the words “ District Health Authorities ” and between the words “Area” and “Health” in the third paragraph, there shall be inserted the words “ or District ”.

The Health and Safety at Work, etc. Act 1974E+W+S

24In section 60(1) of the M16Health and Safety at Work, etc. Act 1974, after the words “Area Health Authority”, there shall be inserted the words “ and each District Health Authority ”.

The Trade Union and Labour Relations Act 1974E+W+S

F825E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The House of Commons Disqualification Act 1975E+W+S

26In Part III of Schedule 1 to the M17House of Commons Disqualification Act 1975, in the entry relating to a Chairman in receipt of remuneration of any Regional Health Authority, Area Health Authority or special health authority, for the words “or Area Health Authority (Teaching) or of any” there shall be substituted the words “ District Health Authority or ” and at the end there shall be added the words “ (within the meaning of the National Health Service Act 1977) ”.

[F9The Nursing Homes Act 1975E+W+S

27E+W+SIn section 2(3)(a) of the M18Nursing Homes Act 1975, for the words “by virtue of” there shall be substituted the words “ for the purposes of his functions under ”.]

The National Health Service Act 1977E+W+S

28Section 8 of the Act of 1977 shall be amended as follows—

(a)for subsection (1) there shall be substituted the following subsections—

“(1)It is the Secretary of State’s duty to establish by order in accordance with Part I of Schedule 5 to this Act—

(a)authorities for such regions in England as he may by order determine; and

(b)authorities for such areas or districts in Wales or those regions in England as he may by order determine,

and orders determining regions, areas or districts in pursuance of this subsection shall be separate from orders establishing authorities for the regions, areas or districts.

(1A)The authorities established by order under subsection (1) above shall be named as follows—

(a)an authority established for a region shall be called a Regional Health Authority;

(b)an authority established for an area shall, according as is provided in the order, be called an Area Health Authority with or without the word “Teaching”; and

(c)an authority for a district shall, according as is provided in the order, be called either a District Health Authority with or without the word “Teaching” or by a special name indicating the authority’s connection with the district or a place in the district, with or without the word “Teaching”; but in the following provisions of this Act, except where the context otherwise requires, “Area Health Authority” and “District Health Authority” mean respectively the authority for an area and the authority for a district whether or not the name of the authority incorporates the word “Teaching” or, in the case of an authority for a district, the word “District””;

(b)in subsection (2), after the word “area” (in both places) there shall be inserted the words “ or district ” and between the words “Area” and “Health Authority” the words “ or District ”; and

(c)in subsection (3), after the words “areas” and “area” there shall be inserted the words “ or districts ” and “ or district ” respectively.

29E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

30E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

31In section 11(1) of the Act of 1977 between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

32In section 12(a) of the Act of 1977 the word “and” shall be omitted and after the words “Area Health Authorities” there shall be inserted the words “ and District Health Authorities ”.

33In section 13(1) of the Act of 1977, after the word “Wales” there shall be inserted the words “ a District Health Authority of which the district is in Wales ”.

34In section 14(1) and (2) of the Act of 1977 between the words “Area” and “Health Authority” (wherever occurring) there shall be inserted the words “ or District ” and in subsection (1) after the word “area” there shall be inserted the words “ or district ”.

35E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

36Section 16 of the Act of 1977 shall be amended as follows—

(a)in subsection (1), between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”; and

(b)in subsection (2), for the words “or Area” there shall be substituted the words “ Health Authority, an Area Health Authority, a District ” and after the words “same name” there shall be inserted the words “ an Area Health Authority and a District Health Authority are equivalent to each other ”.

37E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

38In section 18(3) of the Act of 1977 between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

39In section 19(3) of the Act of 1977 after the word “Authority” there shall be inserted the words “ or for the district of a District Health Authority ” and, in the paragraph beginning “A committee”, there shall be inserted, after the words “called the Area”, the words “ or the District ” and after the words “for the area” the words “ or district ”.

40Section 20 of the Act of 1977 shall be amended as follows—

(a)in subsection (1), after the word “Authority” there shall be inserted the words “ and a council for the district of each District Health Authority ” and after the word “areas” there shall be inserted the words “ or districts ”;

(b)in subsection (2)(a), after the word “Authorities”, there shall be inserted the words “ or for a district which includes the districts or parts of the districts of two or more District Health Authorities ”; and

(c)in subsection (2)(b), after the word “Authority” there shall be inserted the words “ or of the district of a District Health Authority ”.

41Section 22 of the Act of 1977 shall be amended as follows—

(a)in subsection (2), after the word “Authorities” there shall be inserted the words “ and District Health Authorities ” and, in the Table, in column 1, between the words “Area” and “Health Authority” (wherever occurring) there shall be inserted the words “ or District ” and, in column 2, after the word “area” there shall be inserted the words “ or district ”;

(b)in subsection (3) between the words “Area” and “Health Authority” (in both places) there shall be inserted the words “ or District ”; and

(c)in subsection (4)(b), between the words “Area” and “Health Authority” (in both places) there shall be inserted the words “ or District ” and after the words “the area” there shall be inserted the words “ or district ”.

42E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

43Section 30 of the Act of 1977 shall be amended as follows—

(a)in subsection (1), . . . F15immediately before the words “be entitled” there shall be inserted the words “ subject to the provisions of this Part of this Act relating to the disqualification of practitioners ”; and

(b)subsection (2) shall be omitted.

44—49.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

50In section 37(b) of the Act of 1977 between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

51E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

52In section 39 of the Act of 1977, in paragraph (b), after the words “the provisions of this” there shall be inserted the words “ Part of this ”, . . . F18

53E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

54E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

55E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

56, 57.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

58—61.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

62In section 65(1) of the Act of 1977, after the word “area”, there shall be inserted the words “ or district ”.

63In section 66(1) of the Act of 1977, after the word “area”, there shall be inserted the words “ or district ”.

64In section 83(a) and (b) of the Act of 1977 after the words “Area Health Authority” there shall be inserted the words “ a District Health Authority ”.

65In section 85(1) of the Act of 1977 after paragraph (b), there shall be inserted the following paragraph—

“(bb)any District Health Authority;”

66In section 88 of the Act of 1977, in subsection (1) for the words “so vests” there shall be substituted the words “ is so vested ” and in subsection (2) for the words “section 6 of the Act of 1946” there shall be substituted the words “ the exercise of the power hereby conferred ”.

67In section 91(3)(b) of the Act of 1977, between the words “Area” and “Health” there shall be inserted the words “ or District ”.

68In section 95(1) of the Act of 1977 for the word “and” (where first occurring) there shall be substituted the word “ or ”.

69Section 98 of the Act of 1977 shall be amended as follows—

(a)in subsection (1) after paragraph (b) there shall be inserted the following paragraph—

“(bb)every District Health Authority;”; . . . F24

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

70In section 99(1) of the Act of 1977 after paragraph (b), there shall be inserted the following paragraph—

“(bb)District Health Authorities;”.

71In section 104(1)(a) of the Act of 1977, between the words “Area” and “Health Authorities”, there shall be inserted the words “ or District ”.

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F2774E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75Section 124 of the Act of 1977 shall be amended as follows—

(a)in subsection (2), between the words “Area” and “Health Authority”, there shall be inserted the words “ or District ” and after the word “area” (in both places) there shall be inserted the words “ or district ”;

(b)in subsection (4), between the words “Area” and “Health Authority”, there shall be inserted the words “ or District ” and after the words “the area” the words “ or district ”;

(c)in subsection (5), between the words “Area” and “Health Authority” (in both places) there shall be inserted the words “ or District ” and after the words “their area” there shall be inserted the words “ or district ”; and

(d)in subsection (6), between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.

76In section 125 of the Act of 1977 after paragraph (b) there shall be inserted the following paragraph—

“(bb)a District Health Authority;”.

77Section 128(1) of the Act of 1977 shall be amended as follows—

(a)in the appropriate place in alphabetical order there shall be inserted the following definition— “ “Area Health Authority” and “District Health Authority” mean respectively the authority for an area and the authority for a district, whether or not the name of the authority incorporates the word “Teaching” or, in the case of an authority for a district, the word “District” ”;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(c)in the definition of “the health service”, after the words “in pursuance of”, there shall be inserted the words “ section 1 of the National Health Service Act 1946 and continued under ”;

(d)in the definition of “health service hospital”, after the word “State”, there shall be inserted the words “ for the purposes of his functions ”; and

(e)for the definition of “voluntary”, there shall be substituted the following definition— “ “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority; ”.

78(1)In Schedule 5 to the Act of 1977, the title of the Schedule shall be amended by substituting for the words “AND AREA” the words “ AREA AND DISTRICT ” and Part I shall be amended as provided in this paragraph.

(2)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

79E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

80(1)In Schedule 5 to the Act of 1977, Part III shall be amended as provided in this paragraph.

(2)In paragraph 8, after the words “Area Health Authority”, there shall be inserted the words “ District Health Authority ”.

(3)In paragraph 10(3)(b) and (d), between the words “Area” and “Health Authority” (wherever occurring) there shall be inserted the words “ or District ” and after the word “area” there shall be inserted the words “ or district ”.

81(1)Schedule 6 to the Act of 1977 shall be amended as provided in this paragraph.

(2)In paragraph 1(1), for the words “area of an Area” there shall be substituted the words “ area or district of an Area or District ”.

(3)In paragraph 4, for the words “area of an Area” there shall be substituted the words “ area or district of an Area or District ”.

(4)At the end of paragraph 5 there shall be added the following sub-paragraph—

“(d)in relation to the district of a District Health Authority, that District Health Authority”.

82(1)Schedule 7 to the Act of 1977 shall be amended as provided in this paragraph.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(4)In paragraph 7, in the definition of “district”, for the words after “Authority” there shall be substituted the words “ or the district or part of of the district of a District Health Authority or for such an area or district or part thereof together with the areas or parts of the areas of other Area Health Authorities or the districts or parts of districts of other District Health Authorities ”.

83In Schedule 15 to the Act of 1977, in paragraph 46(c), for the words “(a)(xvii) add “(xviii)””, there shall be substituted the words “ (a)(xviii) add “(xix)” ” and in paragraph 47(c), for the words “(b)(xviii) add “(xix)””, there shall be substituted the words “ (b)(xix) add “(xx)” ”.

The Employment Protection (Consolidation) Act 1978E+W+S

84In section 29 of the M19Employment Protection (Consolidation) Act 1978, in subsection (1)(d), for the words “or Area”, there shall be substituted the words “ an Area Health Authority or a District ” and, in subsection (2)(b), the word “and” where first appearing shall be omitted and after the words “Area Health Authority” there shall be inserted the words “ and District Health Authority ”.

85In Schedule 5 to the Employment Protection (Consolidation) Act 1978, in paragraph 1, after the words “Area Health Authority” there shall be inserted the words “ and District Health Authority ”.

The Nurses, Midwives and Health Visitors Act 1979E+W+S

86In section 16(1) of the M20Nurses, Midwives and Health Visitors Act 1979, at the end of paragraph (b) there shall be added the words “ and District Health Authorities ”.