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

PART IVADMINISTRATION ARRANGEMENTS

Arrangements by Regional Authorities for exercise of functions

9.  Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by a Regional Authority pursuant to a direction given under section 13 of the Act may by arrangement with that Authority be exercised on its behalf by –

(a)another Regional Authority;

(b)a committee or sub-committee of another Regional Authority;

(c)another body of which the members consist only of that and other Regional Authorities; or

(d)an officer of another Regional Authority or of such other body.

Arrangements by District Authorities for exercise of functions

10.—(1) Subject to any directions which may be given by the Secretary of State and, in the case of a District Authority in England, to any directions given by the relevant Regional Authority as to the exercise of any function exercisable by virtue of a direction given under section 14 of the Act, functions exercisable by a District Authority by virtue of any provision of the Act may by arrangement with that Authority be exercised on its behalf by –

(a)another District Authority;

(b)a committee or sub-committee of another District Authority;

(c)another body of which the members consists only of that and other District Authorities; or

(d)an officer of another District Authority or of such other body.

(2) Subject to any directions which may be given by the Secretary of State, functions of a District Authority exercisable by virtue of an Order(1) under section 103(1) of the Act may by arrangement with that Authority be exercised on its behalf by a Family Practitioner Committee.

Arrangements by Family Practitioner Committees for exercise of functions

11.—(1) Subject to the provisions of paragraphs (2) and (3) and to any directions given by the Secretary of State, any function exercisable by a Committee may by arrangement with that Committee be exercised on its behalf by –

(a)another Committee;

(b)another body of which the members consist only of that and other Committees;

(c)a committee or sub-committee appointed by the Committee or such other Committees;

(d)a special health authority;

(e)an officer of a special health authority or of a Committee; or

(f)an officer of a District Authority any part of the district of which is in the locality of the Committee.

(2) The functions of a Committee under section 15(1)(a) of the Act with regard to the examination, checking and pricing of prescriptions for drugs, medicines and appliances supplied under arrangements made by a Committee for the provision of pharmaceutical services shall be exercisable –

(a)on behalf of a Committee the locality of which is in England by the Prescription Pricing Authority(2);

(b)on behalf of a Committee the locality of which is in Wales by the Welsh Health Common Services Authority(3),

and arrangements shall be made by Committees in accordance with directions given by the Secretary of State with respect to the exercise of such functions.

(3) The following functions are prescribed for the purpose of section 15(1)(b) of the Act –

(a)(i)the acquisition (otherwise than in the exercise of powers of compulsory purchase) and the disposal of land and other property,

(ii)the control, maintenance and management of land and other property,

on behalf of the Secretary of State in circumstances where the land or other property is, as the case may be, required or wholly or mainly occupied for purposes relating to the exercise of a Committee’s functions under section 15(1)(a) of the Act or is in the possession or control of a Committee for such purposes;

(b)the provision on behalf of the Secretary of State by virtue of section 63(1), (3), (5) and (6) of the Health Services and Public Health Act 1968(4) of instruction and the provision of materials and premises necessary for or in connection with the provision of any such instruction.

(1)

See S.I.1988/865.

(2)

See S.I.1974/9.

(3)

See S.I.1985/996; to which there are amendments not relevant to these Regulations.

(4)

1968 c. 46; the relevant parts of section 63 were amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 19(3), modified by S.I. 1985/39, article 6 and further amended by the Health and Medicines Act 1988 (c. 49), section 20;see also the National Health Service Act 1977 (c. 49), Schedule 14, paragraph 13(1)(b).