The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989 and shall come into force on 14th February 1989.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires –

“the Act” means the National Health Service Act 1977;

“Committee” means a Family Practitioner Committee;

“District Authority” means a District Health Authority;

“Regional Authority” means a Regional Health Authority;

“relevant Regional Authority” in relation to any District Authority means the Regional Authority of which the region includes the district of that District Authority;

“Scheduled functions” means the functions referred to in regulation 3.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or 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.

PART II DIRECTIONS TO REGIONAL AUTHORITIES

Functions exercisable by Regional Authorities

3.  Subject to the provisions of regulation 4, a Regional Authority as respects its region and anywhere outside its region as the Secretary of State may direct shall exercise on behalf of the Secretary of State his functions relating to the health service(1) under the enactments specified in column 1 of Schedule 1 to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) including functions under any regulations made under any of those enactments.

Restriction on the exercise of functions by Regional Authorities

4.—(1) The exercise by a Regional Authority of Scheduled 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 function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.

(3) Nothing in these Regulations enables a Regional Authority to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to –

(a) the compulsory acquisition of land; or

(b) land or other property in the circumstances referred to in regulation 11(3)(a)

or to give directions to a District Authority which would empower a District Authority to exercise those functions.

(4) The power of the Secretary of State under Section 2 of the Act is exercisable by a Regional Authority only to such extent as is necessary for the proper exercise, in relation to its region or anywhere outside its region as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.

(5) Where, in the exercise of Scheduled functions, arrangements are made with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services 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(2) 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 obtaining of such advice, as the Secretary of State shall direct;

(b) for such period as the Secretary of State shall direct.

(7) The exercise of the Secretary of State’s function under section 3(1)(c) of the Act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise.

(8) The use of accommodation or facilities for the purpose of providing services to private patients shall be permitted under section 72 of the Act only on such conditions as the Secretary of State may from time to time approve.

(9) In the exercise of the Secretary of State’s Scheduled functions under section 25 of the Act, such charges shall be made with respect to the supplies of human blood as are determined by the Secretary of State.

PART III DIRECTIONS TO DISTRICT AUTHORITIES

Functions to be made exercisable by District Authorities in England

5.—(1) Subject to the provisions of regulation 6, every Regional Authority shall secure, by a direction given by an instrument in writing, that each District Authority of which the district is included in its region shall exercise the functions to which this paragraph applies as respects its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority may direct.

(2) Paragraph (1) applies to Scheduled functions except functions under –

(a) section 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees);

(b) section 25 of the Act (supplies of human blood);

(c) section 12(2) of the Mental Health Act 1983 (approval of medical specialists).

(3) Each Regional Authority shall secure that no directions are given to any District Authority directing it to exercise any function under the enactments specified in paragraph (2)(a), (b) or (c).

Restriction on exercise of functions by District Authorities in England

6.—(1) The exercise by a District Authority in England of functions to which regulation 5(1) applies 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 or, subject to any such directions, by the relevant Regional Authority.

(2) The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to the provisions of regulation 4(2), (5), (7), and (8).

(3) The power of the Secretary of State under Section 2 of the Act is exercisable by a District Authority in England only to such extent as is necessary for the proper exercise, in relation to its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority has directed, of one or more other functions which the relevant Regional Authority has directed to be exercisable by that District Authority.

Functions exercisable by District Authorities in Wales

7.  Subject to the provisions of regulation 8, a District Authority in Wales, as respects its district and anywhere outside its district as the Secretary of State may direct, shall exercise on behalf of the Secretary of State Scheduled functions except those under sections 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees).

Restrictions on exercise of functions by District Authorities in Wales

8.—(1) The exercise by a District Authority in Wales of Scheduled functions is subject to the provisions of regulation 4(2), (5), (6), (7), (8) and (9) and 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 enables a District Authority in Wales to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to –

(a) the compulsory acquisition of land; or

(b) land or other property in the circumstances referred to in regulation 11(3)(a).

(3) The power of the Secretary of State under section 2 of the Act is exercisable by a District Authority in Wales only to such extent as is necessary for the proper exercise, in relation to its district or anywhere outside its district as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.

PART IV ADMINISTRATION ARRANGEMENTS

Arrangements by Regional Authorities for exercise of functions

9.  Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by a Regional Authority pursuant to a direction given under section 13 of the Act may by arrangement with that Authority be exercised on its behalf by –

(a) another Regional Authority;

(b) a committee or sub-committee of another Regional Authority;

(c) another body of which the members consist only of that and other Regional Authorities; or

(d) an officer of another Regional Authority or of such other body.

Arrangements by District Authorities for exercise of functions

10.—(1) Subject to any directions which may be given by the Secretary of State and, in the case of a District Authority in England, to any directions given by the relevant Regional Authority as to the exercise of any function exercisable by virtue of a direction given under section 14 of the Act, functions exercisable by a District Authority by virtue of any provision of the Act may by arrangement with that Authority be exercised on its behalf by –

(a) another District Authority;

(b) a committee or sub-committee of another District Authority;

(c) another body of which the members consists only of that and other District Authorities; or

(d) an officer of another District Authority or of such other body.

(2) Subject to any directions which may be given by the Secretary of State, functions of a District Authority exercisable by virtue of an Order(3) under section 103(1) of the Act may by arrangement with that Authority be exercised on its behalf by a Family Practitioner Committee.

Arrangements by Family Practitioner Committees for exercise of functions

11.—(1) Subject to the provisions of paragraphs (2) and (3) and to any directions given by the Secretary of State, any function exercisable by a Committee may by arrangement with that Committee be exercised on its behalf by –

(a) another Committee;

(b) another body of which the members consist only of that and other Committees;

(c) a committee or sub-committee appointed by the Committee or such other Committees;

(d) a special health authority;

(e) an officer of a special health authority or of a Committee; or

(f) an officer of a District Authority any part of the district of which is in the locality of the Committee.

(2) The functions of a Committee under section 15(1)(a) of the Act with regard to the examination, checking and pricing of prescriptions for drugs, medicines and appliances supplied under arrangements made by a Committee for the provision of pharmaceutical services shall be exercisable –

(a) on behalf of a Committee the locality of which is in England by the Prescription Pricing Authority(4);

(b) on behalf of a Committee the locality of which is in Wales by the Welsh Health Common Services Authority(5),

and arrangements shall be made by Committees in accordance with directions given by the Secretary of State with respect to the exercise of such functions.

(3) The following functions are prescribed for the purpose of section 15(1)(b) of the Act –

(a) (i) the acquisition (otherwise than in the exercise of powers of compulsory purchase) and the disposal of land and other property,

(ii) the control, maintenance and management of land and other property,

on behalf of the Secretary of State in circumstances where the land or other property is, as the case may be, required or wholly or mainly occupied for purposes relating to the exercise of a Committee’s functions under section 15(1)(a) of the Act or is in the possession or control of a Committee for such purposes;

(b) the provision on behalf of the Secretary of State by virtue of section 63(1), (3), (5) and (6) of the Health Services and Public Health Act 1968(6) of instruction and the provision of materials and premises necessary for or in connection with the provision of any such instruction.

PART V

Revocations

12.  The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 3.

Signed by authority of the Secretary of State for Health.

D. Mellor

Minister of State

Department of Health

9th January 1989

Peter Walker

Secretary of State for Wales

15th January 1989