The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

Arrangements by Primary Care Trusts for the exercise of functions

12.—(1) Subject to paragraphs (5) and (6) and to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function exercisable by a Primary Care Trust under or by virtue of the Act, the National Health Service and Community Care Act 1990(1) or the Health Act 1999(2) may by arrangement with that trust, and subject to such restrictions and conditions as that trust may think fit, be exercised–

(a) by another Primary Care Trust;

(b) by a Special Health Authority;

(c) jointly with any one or more of the following–

(i) Health Authorities;

(ii) NHS trusts, and

(iii) other Primary Care Trusts, or

(d) on behalf of the trust by a committee, sub-committee or officer of the trust.

(2) Subject to paragraph (3) and to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function which, under paragraph (1)(b), is exercisable by a Special Health Authority may be exercised on behalf of that authority by a committee, sub-committee or officer of that authority.

(3) Paragraph (2) does not apply in the case of the Mental Health Act Commission(3), the Prescription Pricing Authority, the Dental Vocational Training Authority(4), the Ashworth Hospital Authority(5), the Broadmoor Hospital Authority(5) or the Rampton Hospital Authority(5).

(4) Subject to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function which, under paragraph (1)(c), is exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) may by arrangement with those health service bodies be exercised on behalf of those bodies by a joint committee or a joint sub-committee.

(5) Any function exercisable by a Primary Care Trust under or in relation to arrangements made under section 63(1) of the health Services and Public Health Act 1968 may by arrangement with that trust be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.

(6) Any function which a Primary Care Trust may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that trust be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.

(1)

1990 c. 19.

(2)

1999 c. 8.

(3)

See S.I. 1983/894, regulation 7.

(4)

See S.I. 1993/2210, regulation 6.

(5)

See S.I. 1996/489, regulation 13.