National Health Service Act 1977

[F1 Directions as to distribution and exercise of functions] E+W+S

Textual Amendments

F1 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

Valid from 01/09/1999

[F2 16D Secretary of State’s directions: distribution of functions. E+W+S

(1) The Secretary of State may direct a Health Authority or Special Health Authority to exercise any of his functions relating to the health service which are specified in the directions.

(2) The Secretary of State may direct a Special Health Authority to exercise any functions of a Health Authority or a Primary Care Trust which are specified in the directions.

(3) The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.]

Textual Amendments

F2 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

[F3 17 Directions as to exercise of functions. E+W+S

(1) The Secretary of State may give directions with respect to the exercise of any functions exercisable by virtue of sections 13 to 16 above [F4 and may also give directions with respect to the exercise by health authorities or Family Health Services Authorities of functions under the National Health Service and Community Care Act 1990]; and, subject to any directions given by the Secretary of State by virtue of this section, a Regional Health Authority may give directions with respect to the exercise

[F5 (a)] by a District Health Authority of which the district is included in its region, of any functions exercisable by the District Health Authority by virtue of section 14 above. [F6 and

(b) by a Family Health Services Authority in relation to which it is the relevant Regional Health Authority, of any functions exercisable by the Family Health Services Authority by virtue of section 15 above or the National Health Service and Community Care Act 1990.]

(2) It shall be the duty of a body to whom directions are given under subsection (1) above to comply with the directions.]

Textual Amendments

F3 S. 17 substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 2

F4 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 3(4)(5)

F5 ”(a)” inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(2)

F6 S. 17(1)(b) and the the word ”and” directly preceding it added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(2)

Modifications etc. (not altering text)

C1 S. 17 amended by Hospital Complaints Procedure Act 1985 (c. 42, SIF 113:2), ss. 1(1), 2(2)

Valid from 01/09/1999

[F7 17A Health Authority’s directions: distribution of functions. E+W+S

(1) A Health Authority may direct a Primary Care Trust whose area falls within their area to exercise any specified delegable functions.

(2) A function is a delegable function for the purposes of this section if it is a function exercisable by the Health Authority which is not an excepted function.

(3) In subsection (2) above ”excepted function” means a function under—

(a) section 4 above;

(b) section 15 above (except in so far as it relates to general medical services);

(c) section 44 or 45(1C) to (4) below; or

(d) any of the other provisions of Part II of this Act—

(i) unless it is a function under section 51, 52 or 53; or

(ii) in relation to the remaining provisions of Part II, except in so far as the function relates to general medical services,

or a function referred to in section 28EE(1)(a) to (d) below.

(4) The Secretary of State may direct Health Authorities that specified delegable functions—

(a) are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

(b) are not to be exercisable by Primary Care Trusts,

and that the power under subsection (1) above is to be exercised accordingly.

(5) In this section ”specified” means specified in directions.]

Textual Amendments

F7 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Schs. 1, 2

Modifications etc. (not altering text)

C2 S. 17A modified (4.1.2000 for E. and otherwise prosp.) by 1997 c. 46, s. 8A(1) (as inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 6(1); S.I. 1999/2342, art. 2(3), Sch. 2)

C3 S. 17A(1) restricted (1.5.2000) by S.I. 2000/1168, art. 8

S. 17A(1) restricted (18.2.2000) by S.I. 2000/307, art. 8

S. 17A(1) restricted (14.8.2000) by S.I. 2000/2154, art. 8

S. 17A(1) restricted (7.7.2000) by S.I. 2000/1718, art. 8

Valid from 01/09/1999

[F8 17B Health Authority’s directions: exercise of functions. E+W+S

(1) A Health Authority may give directions to a Primary Care Trust about its exercise of any functions which the authority have directed the trust to exercise under section 17A above.

(2) Directions under this section have effect subject to any directions given under section 17 above.]

Textual Amendments

F8 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2