National Health Service Act 1977

85 Default powers. E+W+S

(1) Where the Secretary of State is of opinion, on complaint or otherwise, that—

[F1 (za) a Strategic Health Authority;]

[F2 (a) a Health Authority;

(b) a Special Health Authority;

[F3 (bb) a Primary Care Trust]]

[F4 (bbb) a Local Health Board;]

(c) an NHS trust;

F5 (d) or

(e) the Dental Practice Board;

have failed to carry out any functions conferred or imposed on them by or under this Act [F6 or Part I of the National Health Service and Community Care Act 1990][F7 or Part I of the Health Act 1999], or have in carrying out those functions failed to comply with any regulations or directions relating to those functions, he may after such inquiry as he may think fit make an order declaring them to be in default.

(2) [F8 The members of the body in default shall] forthwith vacate their office, and the order—

(a) shall provide for the appointment, in accordance with the provisions of this Act, of new members of the body; and

(b) may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment of new members.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(5) An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including—

(a) provision for the transfer to the Secretary of State of property and liabilities of the body in default; and

(b) where any such order is varied or revoked by a subsequent order, provision in the revoking order or a subsequent order for the transfer to the body in default of any property or liabilities acquired or incurred by the Secretary of State in discharging any of the functions transferred to him.

Textual Amendments

F1 S. 85(1)(za) 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. para. 23}; S.I. 2002/2478, {art. 3(1))(c)}

F2 S. 85(1)(a)-(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) for s. 85(1)(a)-(g) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 41 (with Sch. 2 para. 6)

F3 S. 85(bb) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 25; S.I. 1999/2342, art. 2(3)(a), Sch. 2

F4 S. 85(1)(bbb) inserted (10.10.2002 for W. and otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 18; S.I. 2002/2532, art. 2, Sch.

F5 S. 85(1)(d) repealed (1.4.2002) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. 1 para. 5(9), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F6 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(7)(a)

F7 Words in s. 85 inserted (1.11.1999) by S.I. 1999/2795, art. 2(1)(3)

F8 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(7)(b)

F9 S. 85(3)(4) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 18(7)(c), Sch. 10

Modifications etc. (not altering text)

C1 S. 85(1) amended (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 20; S.I. 1997/1780, art. 2(1), Sch.

C2 S. 85(1) modified (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 21

C3 S. 85(3)–(5) extended by Mental Health Act 1983 (c. 20, SIF 85), Ss. 124(2), 131(1) (the said s. 124 repealed (prosp.) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), ss. 66(2), 67(2), Sch. 10)