The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996

Restriction on the exercise of functions by Health Authorities

4.—(1) The exercise by a Health Authority of specified health service 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 functions conferred on or vested in the Secretary of State with respect to—

(a) the making of any order or regulations;

(b) the giving of any directions; or

(c) the determination of the amount of the remuneration, or of any allowance, which is, by virtue of these Regulations, to be paid by a Health Authority to their chairman and members.

(3) The power of the Secretary of State under section 2 of the Act is exercisable by a Health Authority only to such extent as is necessary for the proper exercise of one or more other functions exercisable by them.

(4) Except where the Secretary of State otherwise directs, a Health Authority shall not exercise the functions of the Secretary of State under section 51(1) of the Act in so far as those functions are concerned with securing the availability of facilities for clinical teaching.

(5) Where, in the exercise of specified health service functions, arrangements are made by a Health Authority with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services in that Authority’s area 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(1) (approval of medical specialists) 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 the obtaining of such advice, as the Secretary of State may direct; and

(b) for such periods as the Secretary of State may direct.

(1)

1983 c. 20; section 12 was amended by the National Health Service and Community Care Act 1990 (c. 19), paragraph 24(1) of Schedule 9.