The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

Statutory Instruments

2013 No. 261

National Health Service, England

Mental Health, England

Public Health, England

The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

Made

11th February 2013

Laid before Parliament

13th February 2013

Coming into force

1st April 2013

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 130A of the Mental Health Act 1983(1) and section 2(2) of the European Communities Act 1972(2) and sections 3B(1)(c), 6D(1), 7(1), 8, 14Z4, 14, 19, 73A(1)(f), 73B(2)(e), 75, 236, 269(2), (3) and (4), and 272(7) and (8) and 273(1) and (4) of the National Health Service Act 2006(3) and section 300(3) of, and Schedule 23 to, the Health and Social Care Act 2012(4).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the National Health Service(5).

(1)

1983 c. 20. Section 130A of the Mental Health Act 1983 is inserted by section 30 of the Mental Health Act 2007 (c. 12) and amended by section 43 of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”).

(2)

1972 c. 68.

(3)

2006 c. 41. Section 3B of the National Health Service Act 2006 (“the 2006 Act”) is inserted by section 15 of the 2012 Act. Section 6D of the 2006 Act is inserted by section 19 of the 2012 Act. Section 7 of the 2006 Act is amended by section 21 of the 2012 Act, but continues to be exercisable in relation to Strategic Health Authorities and Primary Care Trusts by virtue of paragraph 3 of Schedule 6 to the 2012 Act. Section 14Z4 of the 2006 Act is inserted by section 26 of the 2012 Act. Section 73A(1)(f) of the 2006 Act is inserted by section 30 of the 2012 Act. Section 73B(2)(e) of the 2006 Act is inserted by section 31 of the 2012 Act. Section 236 of the 2006 Act is amended by section 55(1) of, and paragraph 123 of Schedule 4 to, the 2012 Act. Section 269(2) of the 2006 Act is substituted by, and section 269(4) is amended by, section 284(1) to (3) of the 2012 Act. Section 273(4) of the 2006 Act is amended by section 55(1) of, and paragraph 137(1) and (3) of Schedule 4 to, the 2012 Act. By virtue of section 271(1) of the 2006 Act, the powers exercised in making these Regulations are exercisable by the Secretary of State in relation to England only. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.

(4)

2012 c. 7.

(5)

S.I. 2001/3495.