Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IIIDIRECTIONS TO DISTRICT AUTHORITIES

Functions to be made exercisable by District Authorities in England

5.—(1) Subject to the provisions of regulation 6, every Regional Authority shall secure, by a direction given by an instrument in writing, that each District Authority of which the district is included in its region shall exercise the functions to which this paragraph applies as respects its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority may direct.

(2) Paragraph (1) applies to Scheduled functions except functions under –

(a)section 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees);

(b)section 25 of the Act (supplies of human blood);

(c)section 12(2) of the Mental Health Act 1983 (approval of medical specialists).

(3) Each Regional Authority shall secure that no directions are given to any District Authority directing it to exercise any function under the enactments specified in paragraph (2)(a), (b) or (c).

Restriction on exercise of functions by District Authorities in England

6.—(1) The exercise by a District Authority in England of functions to which regulation 5(1) applies 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 or, subject to any such directions, by the relevant Regional Authority.

(2) The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to the provisions of regulation 4(2), (5), (7), and (8).

(3) The power of the Secretary of State under Section 2 of the Act is exercisable by a District Authority in England only to such extent as is necessary for the proper exercise, in relation to its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority has directed, of one or more other functions which the relevant Regional Authority has directed to be exercisable by that District Authority.

Functions exercisable by District Authorities in Wales

7.  Subject to the provisions of regulation 8, a District Authority in Wales, as respects its district and anywhere outside its district as the Secretary of State may direct, shall exercise on behalf of the Secretary of State Scheduled functions except those under sections 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees).

Restrictions on exercise of functions by District Authorities in Wales

8.—(1) The exercise by a District Authority in Wales of Scheduled functions is subject to the provisions of regulation 4(2), (5), (6), (7), (8) and (9) and 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 enables a District Authority in Wales 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).

(3) The power of the Secretary of State under section 2 of the Act is exercisable by a District Authority in Wales only to such extent as is necessary for the proper exercise, in relation to its district or anywhere outside its district 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources