First Schedule: Central Council And Advisory Committees

Constitution of Central Council

1.The number of members of the Central Council shall be forty-one of whom six shall be the persons for the time being holding the offices of the President of the Royal College of Physicians of London, the President of the Royal College of Surgeons of England, the President of the Royal College of Obstetricians and Gynaecologists, the Chairman of the Council of the British Medical Association, the President of the General Medical Council and the Chairman of the Council of the Society of Medical Officers of Health, respectively; and of the remaining thirty-five members, who shall be appointed by the Minister,-
(a) ) fifteen shall be medical practitioners of whom two shall be selected for their knowledge of mental illness and mental defectiveness;
( b) five shall be persons, not being medical practitioners, with experience in hospital management;
(c) five shall be persons, not being medical practitioners, with experience in local government;
(d) three shall be dental practitioners;
( e) two shall be persons with experience in mental health services;
( f) two shall be registered nurses;
(g) one shall be a certified midwife; and
(h) two shall be registered pharmacists;
and before appointing any of the persons specified in sub-paragraphs (a) to (h),respectively, the Minister shall consult with such organisations as he may recognise as representative of those persons.

Supplementary Provisions.

  1. Regulations may make provision with respect to the appointment, tenure of office and vacation of office of the members of the Central Council and of any standing advisory committee constituted under section two of this Act and for the making of such payments as may be prescribed to such members and to members of any committee or sub-committee set up under paragraph 4 of this Schedule in respect of any loss of remunerative time or any travelling or subsistence expenses.
  2. The Minister shall appoint a secretary to the Central Council and to each standing advisory committee, and the Central Council and any standing advisory committee may also appoint a secretary to the Council or the committee, as the case may be, who shall act jointly with the secretary appointed by the Minister.

Second Schedule: Acquisition Of Hospital Property Other Than Land.

  1. Where under section ten of this Act, in connection with the acquisition of any hospital, the Minister proposes to acquire any equipment, furniture or other movable property used in or in connection with the hospital premises, he may, at any time after the acquisition of the hospital (in the case of acquisition by agreement) or at any time after the service of the notice to treat (in the case of the compulsory acquisition of a hospital), serve a notice on the owner of the property specifying the property proposed to be acquired, and specifying the time within which and the manner in which any objection to such acquisition may be made.

  2. If any objection is duly made, the Minister shall afford to the said owner an opportunity of appearing before and being heard by a person appointed by him for the purpose, and after considering any such objection and the report of the person so appointed by him, the Minister shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.

  3. The property with respect to which a notice is served under paragraph of this Schedule and is not withdrawn shall-
    (a) if no objection is duly made to the notice, vest in the Minister at the expiration of the time for making such an objection;
    (b) if such an objection is duly made and the notice is confirmed by a notice served under the last foregoing paragraph, vest in the Minister on the service of the last mentioned notice:
    and shall in each case vest free of any mortgage, pledge, lien or similar obligation.

  4. Where any property is acquired in accordance with this Schedule;. there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have, been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Minister, and any dispute as to the amount of such compensation shall be determined by arbitration, and the compensation shall accrue due at the time when the property vested in the Minister.

  5. Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Minister, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Minister, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration and the arbitrator may apportion the compensation between the owner and the other person in such manner as appears to him to be just.

  6. Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe.

  7. Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any mortgage, pledge, lien or similar obligation, the sum so paid shall be deemed to be comprised in that mortgage, pledge, lien or other obligation.

Third Schedule: Regional Hospital Boards, Hospital Management Committees and Boards Of Governors Of Teaching Hospitals.

PART I: Constitution of Regional Hospital Boards.

A Regional Hospital Board shall consist of a chairman appointed by the Minister and such other members so appointed as the Minister thinks fit, and the members shall include-
(a) persons appointed after consultation with the university with which the provision of hospital and specialist services in the area of the Board is to be associated;
(b) persons appointed after consultation with such organisations as the Minister may recognise as representative of the medical profession in the said area or the medical profession generally;
(c) persons appointed after consultation with the local health authorities in the said area; and
(d) persons appointed after consultation with such other organisations as appear to the Minister to be concerned;
and the original members of ‘the Board shall also include persons appointed after consultation with such organisations as the Minister may recognise as representative of voluntary hospitals in the said area.
Before making appointments to fill vacancies, the Minister shall also consult the Board.
At least two of the members of the Board shall be persons with experience in mental health services.

PART II: Constitution of Hospital Management Committees.

A Hospital Management Committee shall consist of a chairman appointed by the Regional Hospital Board for the area in which the hospital or group of hospitals is situated and such other members so appointed as the Board thinks fit, and the members shall include-
(a) persons appointed after consultation with any local health authority whose area comprises the area or any part of the area served by the hospital or group;
(b) persons appointed after consultation with any Executive Council (constituted under Part IV of this Act) whose area comprises the area or any part of the area served by the hospital or group;
(c) persons appointed after consultation with the senior medical and dental staff employed at the hospital or the hospitals of the group, as the case .may be; and
(d) persons appointed after consultation with such other organisations as appear to the Board to be concerned;
and, in the case of a Committee appointed before the appointed day for a voluntary hospital or for a group comprising any voluntary hospital, the original members of the Committee shall also include persons appointed after consultation with the governing body of any voluntary hospital concerned.
Before making appointments to fill vacancies, the Board shall also consult the Committee.

PART Ill: Constitution of Boards of Governors of teaching hospitals.

The Board of Governors of a teaching hospital shall consist of a chairman appointed by the Minister and such number of other members so appointed as the Minister thinks fit,and of those members–
(a) not more than one-fifth shall be nominated by the university with which the hospital is associated;
(b) not more than one-fifth shall be nominated by the Regional Hospital Board for the area in which the hospital is situated;
(c) not more than one-fifth shall be nominated by the medical and dental teaching staff of the hospital; and
(d) other persons shall be appointed after consultation with such local health authorities and other organisations as appear to the Minister to be concerned, including, in the case of the original members of the Board of Governors of a teaching hospital designated before the appointed day, the governing body of any voluntary hospital comprised or to be comprised in the teaching hospital.

PART IV: Supplementary provisions.

  1. Regional Hospital Boards and Boards of Governors of teaching hospitals and Hospital Management Committees shall be bodies coporate with perpetual succession and a common seal and power to hold land without licence in mortmain.

  2. Regulations may make provision-
    (a) with respect to the appointment, tenure of office and vacation of office of the members of the bodies constituted under the foregoing provisions of this Schedule;
    (b) with respect to the appointment of committees consisting wholly or partly of members of those bodies and the delegation of functions to such committees;
    (c) for the making of such payments as may be prescribed to members of those bodies or committees in respect of any loss of remunerative time or, if the special circumstances of the body or committee concerned appear to the Minister to justify it, in respect of any travelling or subsistence expenses;
    (d) with respect to the procedure of those bodies or committees.

  3. The proceedings of any body or committee constituted under the foregoing provisions of this Schedule shall not be invalidated by any vacancy in the membership of the body or committee or by any defect in the appointment or qualification of any member thereof.
  4. It is hereby declared, for the avoidance of doubt, that a member or officer of any such body or committee is not, by reason of his membership or office, rendered incapable of being elected, or of sitting and voting, as a Member of the House of Commons.

Fourth Schedule: Provisions As To Local Health Authorities.

PART I Joint Boards.

I. A joint board constituted under section nineteen of this Act shall be a body corporate with perpetual succession and a common seal and power to hold land without licence in mortmain.
2. An order constituting such a joint board-
(a) may, without prejudice to the provisions of section two hundred and ninety-three of the Local Government Act, 1933, and section one hundred and ninety-six of the London Government Act, 1939, (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local health authorities;
(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;
(c) may confer on the board the like powers for the compulsory purchase of land as are exercisable by local health authorities;
(d) may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board; ‘
(e) may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;
(f ) may apply to the board, with any necessary modifications and adaptations, any of the provisions of Part fil of this Schedule.

PART II: Health Committees.

  1. Every local health authority shall establish a health committee, and, subject to the next following paragraph, all matters relating to the discharge of the functions of a local health authority shall stand referred to the health committee, and the authority, before exercising any such functions, shall consider a report of the health committee with respect thereto:
    Provided that an authority may dispense with such a report if, in their opinion, the matter is urgent or has been sufficiently considered and reported upon by a divisional executive established under section twenty-two of this Act.
  2. The last foregoing paragraph shall not prevent the council of a county or county borough from referring to any committee appointed by them any matter arising out of, and incidental to, their functions as local health authority which, by reason that it relates also to a general service of the council, ought, in the opinion of the council, to be so referred, and the last foregoing paragraph shall not apply to any matter which is so referred :
    Provided that, before deciding on a proposal for a reference under this paragraph, the council shall receive and consider a report of the health committee on the proposal.
  3. A local health authority may authorise the health committee to exercise on their behalf any of their functions as a local health authority, except the power to borrow money or to levy or issue a precept for a rate.
  4. At least a majority of the health committee of a local health authority shall be members of the authority.
  5. The minutes of proceedings of the health committee shall be open to the inspection of any local government elector for the area on payment of a fee not exceeding one shilling and any such local government elector may make a copy thereof or extract therefrom.
  6. The health committee of a local health authority may, subject to any restrictions imposed by the local health authority, establish such sub-committees as the health committee may determine, and any sub-committee established under thls paragraph shall be constituted in such manner as may, subject to any restrictions imposed by the local health authority, be determined by the health committee, and at least a majority of every sub-committee shall be members of the local health authority or of a local authority for any area forming part of the area of the local health authority.
  7. The health committee of a local health authority may, subject to any restrictions imposed by the local health authority, authorise any sub-committee to exercise on their behalf any functions of the health committee.

Fifth Schedule: Executive Councils: Constitution of Executive Councils

I. An Executive Council shall consist of a chairman appointed by the Minister and twenty-four other members of whom-
(a) eight members shall be appointed by the local health authority for the area of the Executive Council;
( b) four members shall be appointed by the Minister;
(c) seven members shall be appointed by the Local Medical committee;
(d) three members shall be appointed by the Local Dental Committee;
(e) two members shall be appointed by the Local Pharmaceutical committee.

Supplementary Provisions.

  1. Every Executive Council shall be a body corporate with perpetual succession and a common seal and with power to hold land without licence in mortmain:
    Provided that an Executive Council shall not acquire land except with the consent of the Minister.
  2. The Minister may make regulations-
    (a) with respect to the appointment, tenure of office and vacation of office of the members of an Executive Council;
    (b) with respect to the appointment of committees consisting wholly or partly of members of the Council and the delegation of functions to such committees;
    (c) for the making of such payments as may be prescribed to members of the Council or any such committee in respect of any loss of remunerative time or, if the special circumstances of the area of the Council appear to the Minister to justify it, in respect of any travelling or subsistence expenses;
    (d) with respect to the appointment of officers of the Council;
    (e) for payment by an Executive Council of sums, not exceeding such sums as may be prescribed, as subscriptions to the funds of any association of Executive Councils whose objects are approved by the Minister, and for the payment at the prescribed rates of any expenses reasonably incurred by representatives in attending meetings of any such association;
    ( f ) with respect to the procedure of the Council or any such committee.
  3. If the Local Medical Committee, the Local Dental Committee or the Local Pharmaceutical Committee fail within such period as the Minister may determine to appoint any member of the Executive Council whom they are required to appoint, the appointment shall be made by the Minister.
  4. The proceedings of an Executive Council or any such committee shall not be invalidated by any vacancy in the membership of the Council or committee or by any defect in the appointment or qualification of any member thereof.
  5. It is hereby declared, for the avoidance of doubt, that a member or officer o’f any such Council or committee is not, by reason of his membership or office, rendered incapable of being elected, or of sitting and voting, as a Member of the House of Commons.

Sixth Schedule: Medical Practices Committee.

I. The Medical Practices Committee shall consist of a chairman, who shall !be a medical practitioner, and eight other members of whom six shall be medical practitioners. Of the said six medical practitioners at least five shall be persons actively engaged in medical practice.
2. The chairman and ,members shall be appointed by the Minister after consultation with such organizations as the Minister may recognise as representative of the medical profession.
3. The Minister may make regulations-
(a) with respect to the appointment, tenure of office and vacation of office of the members of the Committee;
(b) for the payment to members of the Committee of remuneration or travelling and subsistence allowances at the prescribed rates. ·
4. The Minister may provide the services of such officers as the Committee may require.
5. The proceedings of the Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment or qualification of any member thereof.

Seventh Schedule: Constitution Of Tribunal.

  1. The Tribunal shall consist of a chairman and two other members.
  2. The chairman shall be a practising barrister or solicitor of not less than ten years’ standing appointed by the Lord Chancellor.
  3. One of the other members shall be a person appointed by the Minister after consultation with such associations of Executive Councils as the Minister may recognise as representative of Executive Councils.
  4. The other member (hereinafter referred to as the “practitioner member”) shall be one of a panel of six persons who shall be appointed by the Minister, after consultation with such organisations as the Minister may recognise as representative of the several professions concerned, and shall consist of a medical practitioner, a dental practitioner, a registered pharmacist, a medical practitioner practising as an oculist, an ophthalmic optician and a dispensing optician, and the practitioner member shall, for the purpose of the investigation of the case of any person, be such one of the six persons aforesaid as belongs to the same profession as the person whose case is being investigated.
  5. If any of the members of the Tribunal is unable to act in any case, a deputy may be appointed in like manner and after the like consultations as in the case of the appointment of the member in question and, if the member was required to possess professional qualifications, the deputy shall possess the like qualifications.

Supplementary provisions.

  1. Regulations may make provision-
    (a) with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;
    (b) for the payment to members of the Tribunal of remuneration or subsistence allowances and travelling allowances at the prescribed rates;
    (c) with respect to the appointment of officers of the Tribunal.

Eighth Schedule: Enactments Relating To Functions Transferred From Board Of Control To Minister. (Not reproduced)

Ninth Schedule: Amendment And Repeal Of Enactments Relating To Persons Of Unsound Mind And Mental Defectives. (Not reproduced)

Tenth Schedule:-Consequential amendments and repeals. (Not reproduced)

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