Health Services Act 1980

The National Health Service Act 1977

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.

29For section 9 of the Act of 1977 there shall be substituted the following—

“9Special provisions for teaching authorities.

(1)An order under section 8(1) above establishing an authority for an area or district may provide for its name to incorporate the word " Teaching " if and only if the Secretary of State is satisfied that the authority is to provide for a university or universities substantial facilities for undergraduate or post-graduate clinical teaching.

(2)Where the Secretary of State is satisfied that an Area or District Health Authority is to provide, or is providing such facilities, he may provide by order for the Authority's name to incorporate the word " Teaching" and, where he is satisfied that an Area or District Health Authority whose name incorporates the word " Teaching " no longer provides such facilities, he may provide by order for the Authority's name to cease to incorporate that word.

(3)It is the Secretary of State's duty, before providing that an Authority's name shall incorporate or cease to incorporate the word "Teaching", to consult the university or universities concerned with the facilities in question.”

30In section 10 of the Act of 1977 after the word " Authority " there shall be inserted the words " and of each District Health Authority "and after the word " area" there shall be inserted the words " or district " and for the words " described in " there shall be substituted the words " imposed by ".

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 ".

35In section 15 of the Act of 1977, in subsection (1), between the words " Area " and " Health Authority " there shall be inserted the words " or District " and after the word " area " the words " or district" and in subsection (2), between the words " Area" and " Health Authority " there shall be inserted the words " or District ".

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

(a)in subsection (1), between the words "Area" and "Health Authority ", wherever occurring, 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 ".

37Section 17 of the Act of 1977 shall be amended as follows—

(a)between the words " Area" and " Health Authority" wherever occurring there shall be inserted the words " or District "; and

(b)after the word " area " in paragraph (a) there shall be inserted the words " or district ".

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)(6), 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 " (wherever occurring) 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)(6), 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 ".

42Section 29 of the Act of 1977 shall be amended as follows—

(a)in subsection (1), after the word "duty" there shall be inserted the words " and every District Health Authority's duty " and after the words " their area " and " the area " there shall be inserted the words " or district ";

(b)in subsection (2)(e), after the word " area " (in both places), there shall be inserted the words " or district ".

43Section 30 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 ",

after the words " Authority's area " there shall be inserted the words " or district ",

the words " (except as mentioned in subsection (2) below " shall be omitted and immediately 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.

44In section 31(1)(b) of the Act of 1977 between the words " Area " and " Health Authority " there shall be inserted the words " or District "and after the words " its area " and " that area " there shall be inserted the words " or district ".

45In section 32(3)(a) of the Act of 1977, after the word " areas " there shall be inserted the words " or districts ".

46Section 33 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 after the words " the area " and " that area " the words " or district " ;

(b)in subsection (2), for the words " area or part", there shall be substituted the words " area or district or part of an area or district ";

(c)in subsection (3), between the words "Area" and "Health Authority " there shall be inserted the words " or District " and after the words " Authority's area" the words " or district" ;

(d)in subsection (4), after the words " parts of the area " there shall be inserted the words " or district " and between the words " Area " and " Health Authority " the words " or District" ;

(e)in subsection (8)(a), for the words " area or part of an area " there shall be substituted the words " area or district or in the part of the area or district ".

47In section 34 of the Act of 1977, in paragraph (a), between the words " Area" and " Health Authorities", there shall be inserted the words " and District " and after the words " their areas " and " those areas " the words " or districts " and in paragraph (b) between the words " Area " and " Health Authorities " there shall be inserted the words " or District ".

48In section 35(1) of the Act of 1977 after the word " duty" there shall be inserted the words " and every District Health Authority's duty " and after the word " area " (in both places) there shall be inserted the words " or district ".

49In section 36(d) of the Act of 1977 after the word " area " (in both places), there shall be inserted the words " or district ".

50In section 37(6) of the Act of 1977 between the words " Area " and "Health Authority" there shall be inserted the words " or District ";

51In section 38 of the Act of 1977 after the word "duty" there shall be inserted the words " and every District Health Authority's duty " and after the word "area" there shall be inserted the words " or district ".

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 ", in paragraph (c), for the word "wishes" there shall be substituted the word " is ", and, in paragraph (d), after the word "area" (in both places), there shall be inserted the words " or district ".

53In section 41 of the Act of 1977 after the word " duty " there shall be inserted the words " and every District Health Authority's duty "and after the word " area" (in both places) there shall be inserted the words " or district ".

54In section 42(c) of the Act of 1977 after the word "area" (in both places), there shall be inserted the words " or district ".

55In section 43(1) of the Act of 1977, between the words " Area " and "Health Authority" there shall be inserted the words " or District ".

56In section 44(1) of the Act of 1977 after the words "Area Health Authority" there shall be inserted the words " or for the district of any District Health Authority " and after the word "area" (wherever occurring) there shall be inserted the words " or district ".

57Section 45 of the Act of 1977 shall be amended as follows—

(a)in subsection (1), after the words " Area Health Authority ", there shall be inserted the words " or for the district of a District Health Authority "; and

(b)in subsection (2), after the word " area" there shall be inserted the words " or district ".

58In section 46(1), (2) and (4) of the Act of 1977 between the words " Area " and " Health Authority " (wherever occurring) there shall be inserted the words " or District ".

59In section 54(2) and (3) of the Act of 1977 between the words " Area " and " Health Authority " there shall be inserted the words " or District " and after the word " area " (wherever occurring) the words " or district".

60In section 55 of the Act of 1977 between the words "Area" and " Health Authority" there shall be inserted the words " or District ".

61In section 56 of the Act of 1977 after the words " Area Health Authority " where first occurring there shall be inserted the words " or any district or part of a district of a District Health Authority ", for the words "that area or part" there shall be substituted the words " that area or district or in that part of that area or district ", after the words " such area " there shall be inserted the word " district " and between the words " Area " and " Health Authority " (in (i)) there shall be inserted the words " or District ".

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 ;”; and

(b)in subsection (2), between the words " Area " and " Health Authority " there shall be inserted the words " or District " and at the end there shall be added the words " or district ".

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 ".

72In section 109 of the Act of 1977 after paragraph (b), there shall be inserted the following paragraph—

“(bb)District Health Authorities ;”.

73In section 110 of the Act of 1977, after paragraph (a), there shall be inserted the following paragraph—

“(ad)a District Health Authority of which the district is in Wales,”;

and, in paragraph (b), for the words " by such an Authority " there shall be substituted the words " or adopted by an Area or District Health Authority of which the area or district is in Wales ".

74In section 119(1) of the Act of 1977, in paragraphs (d), (e) and (f), between the words " Area " and " Health Authority ", there shall be inserted the words " or District " and, in paragraphs (d) and (e), after the word " area " there shall be inserted the words " or district ".

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

(a)in subsection (2), between the words " Area " and " Health Authority ", mere 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)in the definition of " health authority ", for the words " or Area", there shall be substituted the words " Area or District ";

(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)In the tide to the Part the same amendment shall be made as is made by sub-paragraph (1) above in the tide of the Schedule.

(3)In paragraph 2, in sub-paragraph (1), between the words " Area " and " Health Authority " there shall be inserted the words " or District " and after the words " for an area" there shall be inserted the words " or district " and in sub-paragraph (2) after the words " in the area" there shall be inserted the words " or district " and between the words " Area " and " Health Authority " (in (a) and (c)) there shall be inserted the words " or District ".

(4)In paragraph 3, between the words " Area" and " Health Authority" there shall be inserted the words " or District " and after the words " for an area" there shall be inserted the words " or district "

(5)In paragraph 4, between the words " Area" and " Health Authority" there shall be inserted the words " or District " and after the words " the area" (in (a) and (6)) there shall be inserted the words " or district ".

(6)In paragraph 5, in sub-paragraph (1)(a), after the words " metropolitan district" there shall be inserted the words " a non-metropolitan district ",

in sub-paragraph (1)(b), for the words " the area of the Area" there shall be substituted the words " the area or district of the Area or District ",

in sub-paragraph (1)(c), after the words "establishing the Area" there shall be inserted the words " or District " and, for the words from " it to be called " to " (Teaching) " there shall be substituted the words " its name to incorporate the word " Teaching " " and, in sub-paragraph (2)(a), after the words " establishing an Area ", there shall be inserted the words " or District " and, for the words from " it to be called " to " (Teaching) ", there shall be substituted the words " its name to incorporate or cease to incorporate the word " Teaching "."

79(1)In Schedule 5 to the Act of 1977, Part II shall be amended as provided in this paragraph.

(2)In paragraph 6, in sub-paragraph (1), between the words " Area " and " Health Authority " there shall be inserted the words " or District "and after the word " area " (in (c), (d), (e) and (f)) there shall be inserted the words " or district " and, in sub-paragraph (2), between the words " Area " and " Health Authority " there shall be inserted the words " or District ".

(3)In paragraph 7, in sub-paragraph (1) after the words "Area Health Authority " there shall be inserted the words " or the district of a District Health Authority ".

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 Authorityœ, 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)In paragraph 2, between the words " Area" and " Health Authorities " (in (d), (e), (f) and (g)), there shall be inserted the words " or District ".

(3)In paragraph 3(d), between the words " Area" and " Health Authority " there shall be inserted the words " or District ".

(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 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) ".