The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989

PART II DIRECTIONS TO REGIONAL AUTHORITIES

Functions exercisable by Regional Authorities

3.  Subject to the provisions of regulation 4, a Regional Authority as respects its region and anywhere outside its region as the Secretary of State may direct shall exercise on behalf of the Secretary of State his functions relating to the health service(1) under the enactments specified in column 1 of Schedule 1 to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) including functions under any regulations made under any of those enactments.

Restriction on the exercise of functions by Regional Authorities

4.—(1) The exercise by a Regional Authority of Scheduled functions is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.

(2) Nothing in these Regulations is to be taken as giving directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.

(3) Nothing in these Regulations enables a Regional Authority to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to –

(a) the compulsory acquisition of land; or

(b) land or other property in the circumstances referred to in regulation 11(3)(a)

or to give directions to a District Authority which would empower a District Authority to exercise those functions.

(4) The power of the Secretary of State under Section 2 of the Act is exercisable by a Regional Authority only to such extent as is necessary for the proper exercise, in relation to its region or anywhere outside its region as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.

(5) Where, in the exercise of Scheduled functions, arrangements are made with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.

(6) Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983(2) as having special experience in the diagnosis and treatment of mental disorder shall be given only –

(a) after the carrying out of such consultations, and obtaining of such advice, as the Secretary of State shall direct;

(b) for such period as the Secretary of State shall direct.

(7) The exercise of the Secretary of State’s function under section 3(1)(c) of the Act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise.

(8) The use of accommodation or facilities for the purpose of providing services to private patients shall be permitted under section 72 of the Act only on such conditions as the Secretary of State may from time to time approve.

(9) In the exercise of the Secretary of State’s Scheduled functions under section 25 of the Act, such charges shall be made with respect to the supplies of human blood as are determined by the Secretary of State.

(1)

These include functions under enactments relating to mental health and nursing homes (see section 13(2) of the National Health Service Act 1977).

(2)

1983 c. 20.