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Health Authorities Act 1995

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This is the original version (as it was originally enacted).

3Preparations for reorganisation of authorities

(1)The functions of Regional Health Authorities, District Health Authorities and Family Health Services Authorities shall include the power to do anything which appears appropriate for facilitating the implementation of any provision made by or by virtue of this Act.

(2)The Secretary of State may by regulations provide for functions exercisable by a Family Health Services Authority to be exercisable—

(a)on their behalf—

(i)by a District Health Authority or two or more District Health Authorities jointly, or

(ii)by a joint DHA/FHSA committee, or

(b)by them jointly with one or more District Health Authorities.

(3)The Secretary of State may by regulations provide for functions exercisable by a District Health Authority to be exercisable—

(a)on their behalf—

(i)by two or more Family Health Services Authorities jointly, or

(ii)by a joint DHA/FHSA committee, or

(b)by them jointly with one or more Family Health Services Authorities.

(4)Regulations made under this section in respect of any function shall not, except in prescribed cases, preclude an authority by whom the function is exercisable apart from the regulations from exercising the function.

(5)In this section—

  • “District Health Authority” and “functions” have the same meanings as in the [1977 c. 49.] National Health Service Act 1977,

  • “joint DHA/FHSA committee” means a joint committee, or joint sub-committee, of—

    (a)

    one or more District Health Authorities, and

    (b)

    one or more Family Health Services Authorities, and

  • “prescribed” means prescribed by regulations made under this section.

(6)The powers to make regulations conferred by this section are in addition to the power conferred by section 16 of the [1977 c. 49.] National Health Service Act 1977 (which, in particular, permits the making of regulations providing for functions exercisable by a District Health Authority to be exercisable on their behalf by a Family Health Services Authority).

(7)Section 17 of the [1977 c. 49.] National Health Service Act 1977 (directions as to exercise of functions) applies in relation to functions exercisable under or by virtue of this section as if they were exercisable by virtue of section 16 of that Act; and the provisions of that Act relating to directions given in pursuance of section 17 apply accordingly.

(8)In the [1977 c. 49.] National Health Service Act 1977, in section 18(3), the words following paragraph (b) (which would preclude functions of a Family Health Services Authority under section 15 of that Act from being exercisable by a District Health Authority) shall cease to have effect.

(9)Section 125 of the [1977 c. 49.] National Health Service Act 1977 (protection of members and officers of authorities) applies as if this section were contained in that Act.

(10)This section (apart from subsection (8)) shall cease to have effect on 1st April 1996.

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