Part I Services and Administration
F1 Directions as to distribution and exercise of functions
F216D Secretary of State’s directions: distribution of functions.
(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.
F317Directions as to exercise of functions.
(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 F4and 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. F6and
(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.
F717A Health Authority’s directions: distribution of functions.
(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.
F817B Health Authority’s directions: exercise of functions.
(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.