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Statutory Instrument 1996 No. 708

The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1996 No. 708

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996

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Made11th March 1996
Laid before Parliament11th March 1996
Coming into force1st April 1996

    The Secretary of State for Health, in exercise of powers conferred by section 63(5A) of the Health Services and Public Health Act 1968[1], and sections 13, 16(1) and (2), 17, 18, 51(2) and 126(3) and (4) of the National Health Service Act 1977[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations.
    Citation and commencement
        1.    These Regulations may be cited as the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 and shall come into force on 1st April 1996.
    Interpretation
        2.—(1)  In these Regulations—
      "the Act" means the National Health Service Act 1977;
      "the 1990 Act" means the National Health Service and Community Care Act 1990[3]; and
      "specified health service functions" means the Secretary of State's functions relating to the health service[4]under the enactments specified in column (1) of Schedule 1 (the subject matter of the relevant functions being indicated in column (2) of that Schedule), including functions under any regulations made under any of those enactments.


        (2)  In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
    Functions exercisable by Health Authorities
        3.—(1)  Subject to paragraph (2) and regulation 4, every Health Authority shall exercise the specified health service functions on behalf of the Secretary of State—
       (a) in so far as those functions consist of providing or securing the provision of services to patients, other than the services referred to in sub-paragraph (b) of this paragraph, for the benefit of—
         (i) persons usually resident in their area, and
         (ii) persons resident outside the United Kingdom who are present in their area;
       (b) in so far as those functions consist of providing or securing the provision of—
         (i) accident and emergency services and ambulance services,
         (ii) any other services which the Secretary of State may direct,
      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)  The functions exercisable by a Health Authority under paragraph (1)(a) do not include providing or securing the provision of any services which are, or are to be, purchased by the members of a recognised fund-holding practice in accordance with the National Health Service (Fund-holding Practices) Regulations 1996[5].

        (3)  A Health Authority shall exercise the specified health service functions in accordance with paragraph (1) at or from hospitals, establishments or facilities owned by the Secretary of State for the purposes of the health service and situated in their area, or by means of NHS or other contracts.

        (4)  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.

        (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 where a person is usually resident for the purposes of this regulation—
       (a) he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being that at which he usually resides;
       (b) where he gives no such address, he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being his most recent address;
       (c) where his usual residence cannot be determined under sub-paragraphs (a) and (b) above, he shall be treated as usually resident in the area in which he is present.

    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—
       (a) the making of any order or regulations;
       (b) the giving of any directions; or
       (c) the determination of the amount of the remuneration, or of any allowance, which is, by virtue of these Regulations, to be paid by a Health Authority to their chairman and members.

        (3)  The power of the Secretary of State under section 2 of the Act 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)  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.

        (5)  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 in that Authority's area shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.

        (6)  Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983[6] (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only—
       (a) after the carrying out of such consultations, and the obtaining of such advice, as the Secretary of State may direct; and
       (b) for such periods as the Secretary of State may direct.

    Arrangements by Health Authorities and Special Health Authorities for exercise of functions
        5.—(1)  Subject to paragraphs (2) and (3) 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 by virtue of any provision of the Act or the 1990 Act may by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised jointly with one or more other Health Authorities or on behalf of that Authority by—
       (a) another Health Authority;
       (b) a committee or sub-committee, or an officer, of the Authority or another Health Authority;
       (c) a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities;
       (d) a Special Health Authority; or
       (e) an officer of a Special Health Authority.

        (2)  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 or NHS trusts.

        (3)  Any function 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 or NHS trusts.

        (4)  Any function exercisable by a Health Authority under section 15(1) or 16(2) (b) or (c) of the Nurses, Midwives and Health Visitors Act 1979[7] may by arrangement with that Authority be exercised jointly with one or more other Health Authorities or on behalf of that Authority by—
       (a) another Health Authority;
       (b) a committee or sub-committee, or an officer, of the Authority or another Health Authority; or
       (c) a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities.

        (5)  Subject to paragraph (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Special Health Authority by virtue of section 11 or 13 of the Act may, by arrangement with that Authority and subject to such restrictions and conditions as that Authority may think fit, be exercised on behalf of that Authority by—
       (a) a committee or sub-committee, or an officer, of that Authority; or
       (b) a joint committee, or joint sub-committee, of that Authority and one or more other Special Health Authorities.

        (6)  Paragraph (5) shall not apply in the case of the Mental Health Act Commission[8], the Prescription Pricing Authority, the Dental Vocational Training Authority[9], the Ashworth Hospital Authority[10], the Broadmoor Hospital Authority[10] or the Rampton Hospital Authority[10].
    Revocations
        6.    The Regulations specified in column (1) of Schedule 2 are revoked to the extent specified in column (3) of that Schedule.


Signed by authority of the Secretary of State for Health

Gerald Malone

Minister of State, Department of Health

11th March 1996





Notes:

[1] 1968 c. 46. Section 63 was amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraphs 124(2) and (3), and Schedule 5, the National Health Service Act 1977, paragraph 45 of Schedule 15, the National Health Service (Scotland) Act 1978 (c. 29), paragraph 26(2) of Schedule 16, and Schedule 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20(a) and (b) and Schedule 3, and the Health Authorities Act 1995 (c. 17) ("the 1995 Act"), paragraph 95 of Schedule 1 (which also added subsection (5A)).

[2] 1977 c. 49. Section 13 was amended by the Health Services Act 1980 (c. 53) ("the 1980 Act"), paragraph 31 of Schedule 1, the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), Schedule 10, and the 1995 Act, paragraph 4 of Schedule 1. Sections 16 and 17 were substituted by the 1995 Act, paragraphs 7 and 8 respectively of Schedule 1. Section 18 was amended by the 1980 Act, paragraphs 38 and 92 of Schedule 1, S.I. 1985/39, article 7, the 1990 Act, Schedule 10, and the 1995 Act, section 3(8) and paragraph 9 of Schedule 1. Section 51 was amended (and subsection (2) added) by the 1995 Act, paragraph 35 of Schedule 1. Section 126 was amended by the 1990 Act, section 65(2), and the 1995 Act, paragraph 57 of Schedule 1.

[3] 1990 c. 19.

[4] These include functions under enactments relating to mental health and nursing homes (see section 13(2)(a) of the National Health Service Act 1977).

[5] S.I. 1996/706.

[6] 1983 c. 20; section 12 was amended by the National Health Service and Community Care Act 1990 (c. 19), paragraph 24(1) of Schedule 9.

[7] 1979 c. 36; section 15 was amended by the Nurses, Midwives and Health Visitors Act 1992 (c. 16) ("the 1992 Act"), section 11; section 16 was amended by the Health Services Act 1980 (c. 53), paragraph 86 of Schedule 1, the 1992 Act, section 12 and paragraph 5 of Schedule 2, and the Health Authorities Act 1995 (c. 17), paragraph 104 of Schedule 1.SeeRule 45 in the Schedule to S.I. 1983/873, inserted by rules approved by S.I. 1993/2106.

[8] See 1983/894, regulation 7.

[9] See S.I. 1993/2210, regulation 6.

[10] See S.I. 1996/489, regulation 13.

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