2000 No. 618
NATIONAL HEALTH SERVICE, ENGLAND
LOCAL GOVERNMENT, ENGLAND

The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28BB(1) and 126(4) of the National Health Service Act 19771, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and extent1.

(1)

These Regulations may be cited as the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 and shall come into force on 1st April 2000.

(2)

In these Regulations “the Act” means the National Health Service Act 1977.

(3)

These Regulations extend to England only2.

Prescribed functions of relevant NHS bodies2.

(1)

Subject to paragraph (2) below, the following functions are the prescribed functions of a relevant NHS body for the purposes of section 28BB of the Act (power of local authorities to make payments to NHS bodies)—

(a)

the functions of providing, or making arrangements for the provision of, services—

(i)

under sections 2 and 3(1) of the Act, including rehabilitation services and services intended to avoid admission to hospital, and

(ii)

under section 5(1), (1A) and (1B) of, and Schedule 1 to, the Act3; and

(b)

any function under sections 25A to 25H and 117 of the Mental Health Act 19834.

(2)

There are excluded from the functions prescribed under paragraph (1) above any functions in respect of—

(a)

the provision of surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments5 and other invasive treatments;

(b)

emergency ambulance services;

(c)

the provision of drugs and other substances which are listed in Schedule 10 to the National Health Service (General Medical Services) Regulations 19926 or which are listed in column 1 of Schedule 11 to those Regulations in circumstances in which the conditions specified in column 3 of that Schedule are not met; and

(d)

the provision of appliances which are not listed in Part IX of the statement known as “the Drug Tariff” published and from time to time amended under regulation 18(1) of the National Health Service (Pharmaceutical Services) Regulations 19927.

Signed by authority of the Secretary of State for Health

Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
(This note is not part of the Regulations)

These Regulations prescribe certain functions of Health Authorities and Primary Care Trusts, for the purposes of section 28BB of the National Health Service Act 1977. Subject to certain conditions prescribed in Directions made by the Secretary of State under sub-section (4) of this section, this allows local authorities to make payments to those NHS bodies towards expenditure incurred by them in connection with the performance of any of the functions so prescribed.