The National Health Service (Functions of Health Authorities and Administration Arrangements) (England) Regulations 2001

Arrangements with health service bodies in Wales

6.—(1) Subject to any directions which may be given by the Secretary of State, an English Health Authority may enter into arrangements with a Welsh Health Authority for the functions specified in paragraph (3)—

(a) which are exercisable by the English Health Authority, to be exercised by the Welsh Health Authority;

(b) which are exercisable by the Welsh Health Authority, to be exercised by the English Health Authority.

(2) Subject to any directions which may be given by the Secretary of State, one or more English Health Authorities may enter into arrangements with one or more Welsh Authorities for the functions specified in paragraph (3) which are exercisable by all the Health Authorities in question, to be exercised—

(a) jointly by those Authorities, or

(b) on behalf of those Authorities, by a joint committee or joint sub-committee.

(3) The functions referred to in paragraphs (1) and (2) are any functions exercisable by a Health Authority—

(a) under or by virtue of the Act or the 1990 Act;

(b) in relation to piloted services by virtue of the Act, as extended by section 9(2) of the 1997 Act;

(c) by virtue of sections 4, 6 and 18 of, and Schedule 1 to, the 1997 Act which do not fall within sub-paragraph (b);

(d) under section 15(2) of the Nurses, Midwives and Health Visitors Act 1997; and

(e) under or by virtue of the Health Act.

(4) An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions exercisable by the English Health Authority under or in relation to arrangements made under section 63(1) of the Health Service and Public Health Act 1968 to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.

(5) An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions which the English Health Authority 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 to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.

(6) In this regulation—

“English Health Authority” means a Health Authority established for an area in England only;

“Welsh Health Authority” means a Health Authority established for an area in Wales only.

“Welsh NHS trust” means an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales.