Made | 8th March 2001 | ||
Laid before Parliament | 9th March 2001 | ||
Coming into force | 1st April 2001 |
other than an individual who is resident in Scotland;
whichever is the latest;
that Authority;
(b) in relation to any other medical practitioner, the Health Authority in whose area, on the relevant date, most of the practice patients at that date were living;
(2) In these Regulations, unless the context otherwise requires -
Functions exercisable by Health Authorities
3.
- (1) Subject to regulation 4, every Health Authority shall exercise the specified health service functions -
(b) in so far as those functions consist of providing or securing the provision of -
for the benefit of all persons present in their area; and
(c) in so far as those functions consist of any other functions, generally as respects their area.
(2) In this regulation, references to accident and emergency services are references to those services provided at the accident and emergency department, or a minor injuries unit, of a health service hospital, and do not include any subsequent treatment connected with the provision of those services.
(3) Nothing in regulation 3(1) limits the area in relation to which an approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983[8] (approval of medical specialists) given by a Health Authority shall have effect.
(4) Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to where a person is usually resident for the purposes of this regulation -
(5) Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to whether a person is a practice patient of any medical practitioner, or as to the identity of the medical practitioner of which a person is a practice patient, for the purposes of these Regulations he shall be treated as a person who is not the practice patient of any medical practitioner.
Restriction on the exercise of functions by Health Authorities
4.
- (1) The exercise by a Health Authority of specified health service functions is subject to such limitations as the Secretary of State may direct, and shall be in accordance with any directions which are given by the Secretary of State.
(2) Nothing in these Regulations is to be taken as giving directions for the exercise of any functions conferred on or vested in the Secretary of State with respect to -
(3) The power under section 2 of the Act (Secretary of State's general power as to services) is exercisable by a Health Authority only to such extent as is necessary for the proper exercise of one or more other functions exercisable by them.
(4) In exercising the functions of the Secretary of State under section 4 of the Act[9] a Health Authority may enter into an NHS contract for the provision of high security psychiatric services with the following providers only -
and may not arrange with any other person or body (including voluntary organisations) for that person or body to provide such services.
(5) Except where the Secretary of State otherwise directs, a Health Authority shall not exercise the functions of the Secretary of State under section 51(1) of the Act in so far as those functions are concerned with securing the availability of facilities for clinical teaching.
(6) Where, in the exercise of specified health service functions, arrangements are made by a Health Authority with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in that Authority's area shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
(7) Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983[11] (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only -
Arrangements by Health Authorities for exercise of functions
5.
- (1) Subject to paragraphs (3), (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority under or by virtue of any provision of the Act, the 1990 Act or the Health Act, or any function to which paragraph (2) applies, may by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised -
or
(d) on behalf of the Authority by a committee, sub-committee or officer of the Authority.
(2) This paragraph applies to -
(3) If the Secretary of State has directed Health Authorities that a function specified in the directions is not to be exercisable by Primary Care Trusts[12], a Health Authority may not exercise that function jointly with a Primary Care Trust.
(4) Subject to paragraphs (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority jointly with Primary Care Trusts or other Health Authorities under paragraph (1)(c) may by arrangement with the health service bodies in question, and subject to such restrictions and conditions as the Authority may think fit, be exercised on behalf of those bodies by a joint committee or joint sub-committee.
(5) Any function exercisable by a Health Authority under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.
(6) Any functions which a Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.
(7) Any function exercisable by a Health Authority under section 15(2) of the Nurses, Midwives and Health Visitors Act 1997[13] may by arrangement with that Authority be exercised -
Arrangements with health service bodies in Wales
6.
- (1) Subject to any directions which may be given by the Secretary of State, an English Health Authority may enter into arrangements with a Welsh Health Authority for the functions specified in paragraph (3) -
(2) Subject to any directions which may be given by the Secretary of State, one or more English Health Authorities may enter into arrangements with one or more Welsh Authorities for the functions specified in paragraph (3) which are exercisable by all the Health Authorities in question, to be exercised -
(3) The functions referred to in paragraphs (1) and (2) are any functions exercisable by a Health Authority -
(4) An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions exercisable by the English Health Authority under or in relation to arrangements made under section 63(1) of the Health Service and Public Health Act 1968 to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.
(5) An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions which the English Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.
(6) In this regulation -
Revocations
7.
The regulations specified in column (1) of Schedule 2, in so far as they relate to England, are revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State, Department of Health
8th March 2001
Column (1) | Column (2) |
Enactment | Subject matter |
Ministry of Health Act 1919[14] - section 2 |
Securing preparation, carrying out and co-ordination of measures conducive to public health |
Health Services and Public Health Act 1968 - section 63(1), (5) and (6) |
Providing for instruction of officers of Health Authorities and other persons employed or contemplating employment in activities connected with health or welfare |
section 64(1) | Giving financial assistance to voluntary organisations |
Chronically Sick and Disabled Persons Act 1970[15] - section 17 |
Provisions with respect to separation of younger from older patients in hospital |
The Act - section 2 |
Providing services considered appropriate for discharging duties imposed on the Secretary of State and doing other things calculated to facilitate the discharge of such duties |
section 3(1)(a) and (b) | Providing hospital and other accommodation |
section 3(1)(c) | Providing medical, dental and ambulance services |
section 3(1)(d) | Providing facilities for the care of expectant and nursing mothers and young children |
section 3(1)(e) | Providing facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered illness |
section 3(1)(f) | Providing other services required for the diagnosis or treatment of illness |
section 4[16] | Providing high security psychiatric services |
section 5(1)(a) and (1A), and paragraph 1 of Schedule 1[17] | Providing for the medical inspection and treatment of pupils, their dental inspection and treatment and their education in dental health |
section 5(1)(b) | Arranging for the giving of advice on contraception, for the medical examination of persons seeking such advice, for the treatment of such persons and for the supply of contraceptive substances and appliances |
section 5(2)(b) | Providing accommodation and treatment outside Great Britain for persons suffering from respiratory tuberculosis |
section 5(2)(d) | Conducting or assisting, by grants or otherwise, persons to conduct research into matters relating to illness or other matters connected with a service under the Act |
section 23(1) | Arranging with any person or body (including a voluntary organisation) for that person or body to provide or assist in providing any service under the Act |
section 23(2) | Making available to certain persons or bodies (including voluntary organisations) facilities and services of persons employed in connection with such facilities |
section 23(3) | Agreeing terms and payments in connection with arrangements made under section 23 of the Act |
section 26(1) | Supplying goods, services and other facilities to local authorities and other public bodies and carrying out maintenance work in connection with any land or building the maintenance of which is a local authority responsibility |
section 26(2)[18] | Supplying prescribed goods, materials or other facilities to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services or providing personal medical services or personal dental services in connection with a pilot scheme under the 1997 Act |
section 26(3) | Making available to local authorities any services or other facilities and the services of employed persons to enable local authorities to discharge their functions relating to social services, education and public health |
section 26(4)[19] | Making available to local authorities the services of practitioners to enable such authorities to discharge their functions relating to social services, education and public health |
section 27(1) and (2) | Providing for consultation before the services of any officer of a Health Authority are made available to a local authority |
section 27(4) | Agreeing terms and charging for services and facilities provided under section 26 of the Act |
section 51(1) | Securing the availability of facilities for research connected with clinical medicine or dentistry |
section 52 | Making accommodation available in connection with the provision of services under Part II of the Act |
section 63 | Authorising use of hospital accommodation, determining the extent to which it is to be made available and determining and recovering charges in respect of the use of such accommodation |
section 72(1), (3) and (4) | Making available health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients |
section 81 | Charging and recovering charges for more expensive supplies |
section 82 | Charging for replacement or repair of appliances and vehicles in certain circumstances |
section 83A(1)(b)[20] | Paying travelling expenses in prescribed circumstances |
section 87(1) and (2) | Acquiring land or other property required for the purposes of the Act and the use or maintenance of any property belonging to the Secretary of State by virtue of the Act |
section 121 | Determining charges for prescribed services provided in respect of prescribed non-residents |
Schedule 5, paragraph 9(1) and (4) | Payment of remuneration and allowances to chairman and members of the Health Authority |
Mental Health Act 1983[21] - section 12(2) |
Approving medical practitioners as having special experience in the diagnosis or treatment of mental disorder |
Registered Homes Act 1984[22] - section 23(3), (4) and (5) |
Registration of nursing homes and mental nursing homes |
section 25 | Refusal of registration |
section 26 | Conduct of homes |
section 27 | Supplementary |
section 28 | Cancellation of registration |
section 29(2) and (3) | Additional registration conditions |
section 30(1), (2) and (4) | Urgent procedure for cancellation of registration |
section 31 | Ordinary procedure for registration, cancellation, variation of conditions and additional conditions |
section 32(1), (2), (3) and (5) | Representations |
section 33(1) and (3) | Decisions |
section 34(2) and (7) | Appeals |
section 35(1) and (3) | Authorisation of persons to inspect mental nursing homes |
section 37(1) and (3) | Exemption of Christian Science homes |
section 53(1) | Criminal proceedings |
Column (1) | Column (2) | Column (3) |
Title of Regulations | Serial Number | Extent of revocation |
The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 | S.I. 1996/708 | The whole Regulations, except regulation 5(5) and (6) |
The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 | S.I. 1998/646 | Regulation 16 |
The National Health Service (Functions of Health Authorities and Administration Arrangements) Amendment Regulations 1999 | S.I. 1999/628 | The whole Regulations |
The National Health Service (Functions of Health Authorities and Administration Arrangements) Amendment Regulations 2000 | S.I. 2000/267 | The whole Regulations |
[2] 1977 c. 49. Section 16 was substituted by the 1999 Act, Schedule 4, paragraph 9; sections 16D and 17 were substituted by the 1999 Act, section 12(1); section 18 was amended by the 1980 Act, Schedule 1, paragraphs 38 and 92, S.I. 1985/89, article 7, the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), Schedule 10, the 1995 Act, section 3(8) and Schedule 1, paragraph 9, and the 1999 Act, section 12(3) and (4); section 51 was amended by the 1995 Act, Schedule 1, paragraph 35 (which also added subsection (2)), and by the 1999 Act, Schedule 4, paragraph 23; section 126 was amended by the 1990 Act, section 65(2), the 1995 Act, Schedule 1, paragraph 57, and the 1999 Act, Schedule 4, paragraph 37; see section 128(1), as amended by section 26(2)(i) and (g) of the 1990 Act, for the definitions of "prescribed" and "regulations". The functions of the Secretary of State under those provisions and section 63(5A) of the Health Services and Public Health Act 1968 ("the 1968 Act") are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of, and the entry for the 1968 and 1977 Acts in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.back
[6] See section 1 of the 1997 Act for the definition of "pilot scheme".back
[7] These include functions under enactments relating to mental health and nursing homes (see section 16D(3) of the 1977 Act as inserted by section 12(1) of the 1999 Act).back
[8] 1983 c. 20; section 12 was amended by the 1990 Act, Schedule 9, paragraph 24(1) and by S.I. 2000/90.back
[9] Section 4 of the 1977 Act was substituted by the 1999 Act, section 41(1).back
[10] See S.I. 1996/488 and 1996/489, as amended by S.I. 2000/90, 2001/834 and 2001/714.back
[11] 1983 c. 20; section 12 was amended by the 1990 Act, Schedule 9, paragraph 24(1) and by S.I. 2000/90.back
[12] See section 17A(4) of the 1977 Act, as inserted by section 12 to the Health Act, and S.I. 2000/695.back
[14] 1919 c. 21; section 2 was amended by S.I. 1968/1699, article 5(3) and Schedule.back
[15] 1970 c. 44; section 17 was amended by the National Health Service Reorganisation Act 1973 ( c. 32), Schedule 4, paragraph 132.back
[16] Section 4 was substituted by the 1999 Act, section 41(1).back
[17] Section 5(1) was amended by the 1988 Act, Schedule 3; section 5(1A) and (1B) was inserted by the 1988 Act, section 10(1); Schedule 1 was amended by the 1988 Act, Schedule 2, paragraph 7 and the Education Act 1996 (c. 56), Schedule 37, paragraph 46.back
[18] Section 26(2) was substituted by the 1997 Act, Schedule 2, paragraph 5(2).back
[19] Section 26(4) was inserted by the 1980 Act, section 3(1) and amended by the 1995 Act, Schedule 1, paragraph 14(b), the 1997 Act, Schedule 2, paragraph 5(3), and the 1999 Act, Schedule 4, paragraph 11(c).back
[20] Section 83A was inserted by the Social Security Act 1988, section 14(1), subsection (1)(b) was amended by the 1990 Act, Schedule 9, paragraph 18(5)(a), and by S.I. 2000/90, article 13(5)(a).back