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Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
20th September 2005
Coming into force
1st October 2005
The Secretary of State for Health, in exercise of the powers conferred upon her by sections 16A(1) and (2) and 126(3) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 1977(1) and section 45 of the Health and Social Care Act 2001(2), being of the opinion that designation of the Torbay Primary Care Trust as a Care Trust would be likely to promote the effective exercise by that trust of functions as specified in section 45(1)(b) of that Act, and of all other powers enabling her in that behalf, hereby makes the following Order:
1977 c. 49; section 16A was inserted by section 2(1) of the Health Act 1999 (c. 8) (“the 1999 Act”); section 16A(1) was substituted for section 16A(1) as originally enacted by sections 2(1) and (2) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17); section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19), paragraph 57 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c. 46); paragraph 1 of Schedule 5A was inserted by section 2(2) of the 1999 Act. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 (“the 1999 Order”); see the entry in Schedule 1 to the 1999 Order for the National Health Service Act 1977 as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) and section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
2001 c. 15. For the purposes of that Act, the relevant authority is defined by section 66 to mean, in relation to England, the Secretary of State.
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