National Health Service (Primary Care) Act 1997

9 Relationship between this Part and the 1977 Act. E+W+S

(1) The provisions of the 1977 Act, apart from section [F1 16D] (power of Secretary of State to direct a Health Authority to exercise [F1 his functions]), apply in relation to functions of the Secretary of State under this Part (exercisable in relation to England and Wales) as if they were functions of his under Part I of the 1977 Act.

[F2 (1A) In subsection (1), the words from “, apart from” to “functions),” have effect only in relation to Wales.]

(2) The 1977 Act (and in particular section 17) has effect in relation to piloted services—

(a) subject to any provision of, or made under, this Part; but

(b) otherwise as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section [F3 16D] of the 1977 Act) of functions of his under Part I of that Act.

(3) The functions of a Health Authority in relation to piloted services are primary functions of the Authority for the purposes of the M1 National Health Service and Community Care Act 1990.

Annotations:

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Amendments (Textual)

F1 Words in s. 9(1) substituted (1.9.1999 for E., 1.10.1999 for S., and 1.12.1999 for W.) by 1999 c. 8, s. 65(1), Sch. 4 para. 88(5)(a); S.I. 1999/2342, art. 2(1), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 1999/3184, art. 2(2), Sch. 2

F2 S. 9(1A) inserted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(1), 42(3); S.I. 2002/2478, art. 3(1)(a)

F3 Words in s. 9(2)(b) substituted (1.9.1999 for E., 1.10.1999 for S., and 1.12.1999 for W.) by 1999 c. 8, s. 65(1), Sch. 4 para. 88(5)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 1999/3184, art. 2(2), Sch. 2

Commencement Information

I1 S. 9 wholly in force at 1.10.1998; s. 9 not in force at Royal Assent see s. 41; s. 9(1)(2) in force at 15.8.1997 by S.I. 1997/1780, art. 2(1), Sch.; s. 9(3) in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; s. 9 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(a), Sch. 1

Marginal Citations

M1 1990 c. 19.