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The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002

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Arrangements by Strategic Health Authorities for exercise of functions

9.—(1) Subject to paragraphs (2), (4), (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Strategic Health Authority under any provision of the Act, the 1990 Act, Part 1 of the 1997 Act, the Health Act, the Health and Social Care Act or the 2002 Act, may, by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised—

(a)by another Strategic Health Authority;

(b)by another Health Authority;

(c)by a Special Health Authority;

(d)jointly with any one or more of the following—

(i)Primary Care Trusts,

(ii)other Strategic Health Authorities,

(iii)other Health Authorities; or

(e)on behalf of the Authority by a committee, sub-committee or officer of the Authority.

(2) A Strategic Health Authority may not exercise jointly with a Primary Care Trust the functions referred to in regulation 5.

(3) Subject to paragraphs (4) and (5) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Strategic Health Authority jointly with Primary Care Trusts or other Strategic Health Authorities or Health Authorities under paragraph (1)(d) may by arrangement with the health service bodies in question, and subject to such restrictions and conditions as the Authority may think fit, be exercised on behalf of those bodies by a joint committee or joint sub-committee.

(4) Any function exercisable by a Strategic Health Authority under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities and other persons employed or contemplating employment, in certain activities connected with health or welfare) may by arrangement with that Authority be exercised jointly with one or more other Strategic Health Authorities, Special Health Authorities, Health Authorities, Primary Care Trusts or NHS trusts.

(5) Any functions which a Strategic 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 may by arrangement with that Authority be exercised jointly with one or more other Strategic Health Authorities, Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.

(6) Any function exercisable by a Strategic Health Authority under article 18 of the Nursing and Midwifery Order 2001(1) may, by arrangement with that Authority, be exercised—

(a)by another Strategic Health Authority or Health Authority;

(b)jointly with any one or more other Strategic Health Authorities or Health Authorities;

(c)on behalf of the Authority by—

(i)a committee, sub-committee or officer of the Authority, or

(ii)a joint committee, or joint sub-committee, of that Authority and one or more other Strategic Health Authorities or Health Authorities.

(7) Where, in relation to a single Primary Care Trust, more than one Strategic Health Authority satisfies the definition of the appropriate Strategic Health Authority, the Authorities concerned shall enter into arrangements for the purpose of ensuring that, in any particular case, only one such Authority exercises functions in relation to that Primary Care Trust.

(1)

S.I. 2002/53, amended by 2002/2469 .

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