26 Supply of goods and services by Secretary of State.E+W+S
(1)The Secretary of State may—
(a)supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;
(b)make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him [F1or by a Primary Care Trust] for any service under this act, and the services of persons employed by the Secretary of State or by a [F2Strategic Health Authority,][F3Health Authority [F4Special Health Authority [F5, Primary Care Trust or Local Health Board]]];
(c)carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.
In this subsection—
“maintenance work” includes minor renewals, minor improvements and minor extensions; and
“public bodies” includes public bodies in Northern Ireland.
[F6(2)The Secretary of State may supply or make available to persons—
(a)providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or
(b)providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part, [F7 or
(c)providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part,]
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 this Act,
(b)the services provided as part of the health service by any person employed by the Secretary of State or a [F8Strategic Health Authority,][F3Health Authority [F9Special Health Authority or Primary Care Trust]], and
(c)the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a [F10Strategic Health Authority,][F3Health Authority [F9Special Health Authority or Primary Care Trust]] 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.
[F11(4)The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—
(a)persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services,
[F12(aa)persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,]. . .
[F13(ab)persons providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part, and]
(b)persons providing [F14Strategic Health Authorities,][F15Health Authorities [F16Special Health Authorities or Primary Care Trusts]] with services of a kind provided as 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.]
Textual Amendments
F1Words in s. 26(1)(b) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2
F2Words in s. 26(1)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(a); S.I. 2002/2478, art. 3(1)(c)
F3Words in s. 26 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(a)
F4Words in s. 26(1)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2
F5Words in s. 26(1)(b) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 10; S.I. 2002/2532, art. 2
F6S. 26(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(2); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))
F7S. 26(2)(c) and preceding word inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 17(a)
F8Words in s. 26(3)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(b); S.I. 2002/2478, art. 3(1)(c)
F9Words in s. 26(3)(b)(c) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(b); S.I. 1999/2342, art. 2(3), Sch. 2
F10Words in s. 26(3)(c) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(b); S.I. 2002/2478, art. 3(1)(c)
F12S. 26(4)(aa) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(3); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))
F13S. 26(4)(ab) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 17(b)
F14Words in s. 26(4)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(c); S.I. 2002/2478, art. 3(1)(c)
F15Words in s. 26(4)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(b)
F16Words in s. 26(4)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(c); S.I. 1999/2342, art. 2(3), Sch. 2
Modifications etc. (not altering text)
C1S. 26: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1
C2S. 26(1)-(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1