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National Health Service Act 2006

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This is the original version (as it was originally enacted).

Part 3Powers and duties

General

15(1)A Primary Care Trust may do anything which appears to it to be necessary or expedient for the purposes of or in connection with its functions.

(2)In particular it may—

(a)acquire and dispose of property,

(b)enter into contracts, and

(c)accept gifts of property (including property to be held on trust, either for the general or any specific purposes of the Primary Care Trust or for any purposes relating to the health service).

Rights and liabilities

16(1)Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Primary Care Trust of any function exercisable by it by virtue of section 7, 19 or 15 are enforceable by or against that Primary Care Trust (and no other body).

(2)This paragraph does not apply in relation to the joint exercise of any functions by a Primary Care Trust with another body under section 19(2)(c).

Powers of Primary Care Trusts to enter into externally financed development agreements

17(1)The powers of a Primary Care Trust include power to enter into externally financed development agreements.

(2)For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

(3)The Secretary of State may give a certificate under this paragraph if—

(a)in his opinion the purpose or main purpose of the agreement is the provision of facilities or services in connection with the discharge by the Primary Care Trust of any of its functions, and

(b)a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4)If a Primary Care Trust enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.

(5)“Another party” means any party to the agreement other than the Primary Care Trust.

(6)The fact that an agreement made by a Primary Care Trust has not been certified under this paragraph does not affect its validity.

Research

18(1)A Primary Care Trust may conduct, commission or assist the conduct of research.

(2)A Primary Care Trust may, in particular, make officers available or provide facilities under sub-paragraph (1).

Training

19A Primary Care Trust may—

(a)make officers available in connection with any instruction provided under section 63 of the Health Services and Public Health Act 1968 (c. 46),

(b)make officers and facilities available in connection with training by a university or any other body providing training in connection with the health service.

Specific duties

20(1)As soon as is practicable after the end of each financial year each Primary Care Trust must prepare a report on the Primary Care Trust’s activities during that year and must send a copy of the report to each Strategic Health Authority whose area includes any part of the Primary Care Trust’s area and to the Secretary of State.

(2)The report must give details of the measures the Primary Care Trust has taken to promote economy, efficiency and effectiveness in using its resources for the exercise of its functions.

(3)A Primary Care Trust must prepare and send such other reports, and supply such information, to any Strategic Health Authority whose area includes any part of the Primary Care Trust’s area or to the Secretary of State as it, or he, requires.

21Provision must be made by regulations requiring Primary Care Trusts to publicise—

(a)the Primary Care Trust’s audited accounts,

(b)the Primary Care Trust’s annual reports prepared under paragraph 20,

(c)any report on the Primary Care Trust’s accounts made pursuant to section 8 of the Audit Commission Act 1998 (c. 18) (report of auditor on matter of public interest), and

(d)any other document as may be prescribed,

by taking such steps as may be specified in the regulations.

Compulsory acquisition

22(1)A Primary Care Trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order made by the Primary Care Trust and confirmed by the Secretary of State.

(2)The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase of land under this paragraph.

(3)No order may be made by a Primary Care Trust under Part 2 of the Acquisition of Land Act 1981 (c. 67) in respect of any land unless the proposal to acquire the land compulsorily—

(a)has been submitted to the Secretary of State in the form, and with the information, required by him, and

(b)has been approved by him.

Dissolution

23(1)The Secretary of State may, if a Primary Care Trust is dissolved, by order transfer (or provide for the transfer) to himself or to a Strategic Health Authority, an NHS trust, a Special Health Authority, an NHS foundation trust or another Primary Care Trust any property or liabilities of the dissolved trust.

(2)The liabilities which may be transferred by virtue of sub-paragraph (1) to a Strategic Health Authority, an NHS trust, a Special Health Authority, an NHS foundation trust or another Primary Care Trust include criminal liabilities.

(3)If any consultation requirements apply, they must be complied with before the order is made.

(4)“Consultation requirements” means requirements about consultation contained in regulations.

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