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

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.