Local Government Act 1972

113 Placing of staff of local authorities at disposal of other local authorities.E+W

(1)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

[F1(1A)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with [F2the Health Protection Agency,] a [F3Strategic Health Authority ,][F4[F5Local Health Board] , Special Health Authority, PrimaryCare Trust][F6, NHS trust or NHS foundation trust]—

(a)for the placing at the disposal of [F7the Health Protection Agency,] the [F3Strategic Health Authority,][F8[F5Local Health Board] , Special Health Authority][F6, NHS trust or NHS foundation trust] for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority;

(b)for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by [F9the Health Protection Agency,] the [F3Strategic Health Authority,][F10[F5Local Health Board] , Special Health Authority][F6, NHS trust or NHS foundation trust];

but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.]

(2)For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

[F11(3)An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities’ functions.]

[F12(4)In subsection (1A) above [F13“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,] “NHS trust” means a National Health Service trust established under [F14section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006][F15and “Primary Care Trust” means a Primary Care Trust established under [F16section 18 of the National Health Service Act 2006]].]

Textual Amendments

F4Words in s. 113(1A) substituted (8.2.2000) by virtue of S.I. 2000/90, art. 3(1), Sch. 1 para. 10(a)

F5Words in s. 113(1A) (1A)(a) (1A)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), Sch. para. 8(2)(a)

F8Words in s. 113(1A)(a) substituted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 97(2)(b) (with Sch. 2 paras. 6, 16)

F10Words in s. 113(1A)(b) substituted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 97(2)(c) (with Sch. 2 paras. 6, 16)

F13Words in s. 113(4) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), Sch. para. 8(2)(b)

F15Words in s. 113(4) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 10(b)

Modifications etc. (not altering text)

C3S. 113 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 113: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

C4S. 113 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 113: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 113 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 113: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 113 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 113 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 113: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

C6Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1