National Health Service Reorganisation Act 1973

11 Supply of goods and services by Secretary of State

(1) The Secretary of State may—

(a) supply to local authorities, and to such public bodies or classes of public bodies as may be determined by the Secretary of State, any goods or materials of a kind used in the health service ;

(b) make available to local authorities, and to such bodies or classes of bodies as aforesaid, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under the Health Service Acts and the services of persons employed by the Secretary of State or by a Health Authority;

(c) carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

(2) The Secretary of State may supply or make available to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services such goods, materials or other facilities as may be prescribed.

(3) The Secretary of State shall make available to local authorities—

(a) any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under the Health Service Acts ;

(b) the services provided as part of the health service by any person employed by the Secretary of State or a Health Authority; and

(c) the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a Health Authority otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

(4) It shall be the duty of the Secretary of State, before he makes the services of any officer of a Health Authority available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of this section, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter or to satisfy himself that the Health Authority has consulted the officer about the matter; but the Secretary of State shall be entitled to disregard the preceding provisions of this subsection in a case where he considers it necessary to make the services of an officer available as aforesaid for the purpose of dealing temporarily with an emergency and has previously consulted such a body about the making available of services in an emergency.

(5) For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of this section the Secretary of State may give such directions to Health Authorities to make services of their officers available as he considers appropriate; and it shall be the duty of a Health Authority to comply with any such directions.

(6) The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of this section as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(7) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, the Vehicles (Excise) Act 1971 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

(8) Any power to supply goods or materials conferred by this section includes a power to purchase and store them and a power to make arrangements with third parties for the supply of the goods or materials by those third parties.

(9) In subsection (1) of this section—

• " maintenance work " includes minor renewals, minor improvements and minor extensions ; and

• " public bodies " includes public bodies in Northern Ireland.