Government Resources and Accounts Act 2000

National Health Service E+W+S+N.I.

12 Health Authorities and Special Health Authorities. E+W+S+N.I.

(1) After section 97A of the M1 National Health Service Act 1977 (financial duties of Health Authorities and Special Health Authorities) there shall be inserted—

“97AA Resource limits for Health Authorities and Special Health Authorities.

(1) It is the duty of every Health Authority and every Special Health Authority to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Secretary of State.

(2) In the application of subsection (1) above to a Health Authority no account shall be taken of any use of resources for the purpose of general Part II expenditure (within the meaning of paragraph 1 of Schedule 12A).

(3) For the purpose of subsection (1) above the Secretary of State may give directions—

(a) specifying uses of resources which are to be, or not to be, taken into account;

(b) making provision for determining to which Health Authority or Special Health Authority certain uses of resources are to be attributed;

(c) specifying descriptions of resources which are to be, or not to be, taken into account.

(4) Subsections (6) to (8) of section 97A above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(5) The provisions in section 97A(3) and (4) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2).

(6) Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.

(7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.”

(2) In the application of section 97AA of the 1977 Act to Wales, for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 S. 12 wholly in force at 1.4.2001; s. 12 not in force at Royal Assent see s. 30; s. 12 in force for certain purposes at 22.12.2000 by S.I. 2000/3349, art. 2(c) (subject to arts. 4, 5); s. 12 in force insofar as not already in force at 1.4.2001 by S.I. 2000/3349, art. 3(1)(a) (subject to arts. 4, 5)

Marginal Citations

M1 1977 c. 49.

13 Primary Care Trusts. E+W+S+N.I.

(1) After section 97D of the M2 National Health Service Act 1977 (financial duties of Primary Care Trusts) there shall be inserted—

“97E Resource limits for Primary Care Trusts.

(1) It is the duty of every Primary Care Trust to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Health Authority for the trust’s area.

(2) For the purpose of subsection (1) above no account shall be taken of any use of resources for the purpose of a trust’s general Part II expenditure (within the meaning of paragraph 4 of Schedule 12A).

(3) For the purpose of subsection (1) above the Secretary of State may give directions—

(a) specifying uses of resources which are to be, or not to be, taken into account;

(b) making provision for determining to which Primary Care Trust certain uses of resources are to be attributed;

(c) specifying descriptions of resources which are to be, or not to be, taken into account.

(4) Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

(5) Subsections (4) to (6) of section 97D above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(6) The provisions in section 97D(2) and (3) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1).

(7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.”

(2) In the application of section 97E of the 1977 Act to Wales, for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 S. 13 wholly in force at 1.4.2001; s. 13 not in force at Royal Assent see s. 30; s. 13 in force for certain purposes at 22.12.2000 by S.I. 2000/3349, art. 2(c) (subject to arts. 4, 5); s. 13 in force insofar as not already in force at 1.4.2001 by S.I. 2000/3349, art. 3(1)(a) (subject to arts. 4, 5)

Marginal Citations

M2 1977 c. 49.

14 Summarised accounts. E+W+S+N.I.

(1) The Treasury may by order provide for section 98(4) of the M3 National Health Service Act 1977 (requirement to prepare summarised accounts) not to apply in relation to a specified body for a specified year.

(2) The Treasury may make an order in respect of a body for a year only if they consider that the preparation of summarised accounts for that body and that year is unnecessary having regard to information contained or to be contained in—

(a) a department’s resource accounts under section 5, or

(b) accounts under section 9.

(3) Before making an order under subsection (1) the Treasury shall consult the Comptroller and Auditor General.

(4) Where the function under section 98(4) of the M4 National Health Service Act 1977 is exercisable in respect of a body by the National Assembly for Wales—

(a) the Treasury shall consult the National Assembly for Wales and the Auditor General for Wales before making an order in respect of the body under subsection (1) above, and

(b) subsection (3) above shall not apply.

(5) An order under this section—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M3 1977 c. 49.

M4 1977 c. 49.