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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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Regulation 3(1) and (2)

SCHEDULE 1

PART 1SECRETARY OF STATE FUNCTIONS EXERCISABLE BY STRATEGIC HEALTH AUTHORITIES AND BY PRIMARY CARE TRUSTS

Column (1)Column (2)
EnactmentSubject matter
Health Services and Public Health Act 1968—
section 63(1), (5) and (6)Providing for instruction of officers of health bodies and other persons employed or contemplating employment in activities connected with health or welfare
The Act—
section 2Providing services considered appropriate for discharging duties imposed on the Secretary of State and doing other things calculated to facilitate the discharge of such duties
section 5(2)(d)Conducting or assisting, by grants or otherwise, persons to conduct research into matters relating to illness or other matters connected with a service under the Act
section 23(1)Arranging with any person or body (including a voluntary organisation) for that person or body to provide or assist in providing any service under the Act
section 23(2)(1)Making available to certain persons or bodies (including voluntary organisations) facilities and services of persons employed in connection with such facilities
section 23(3)Agreeing terms and payments in connection with arrangements made under section 23 of the Act
section 26(1)(2)Supplying goods, services and other facilities to local authorities and other public bodies and carrying out maintenance work in connection with any land or building, the maintenance of which is a local authority responsibility
section 26(2)(3)Supplying prescribed goods, materials or other facilities to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services or providing personal medical services or personal dental services in connection with a pilot scheme under the 1997 Act
section 26(3)Making available to local authorities any services or other facilities and the services of employed persons to enable local authorities to discharge their functions relating to social services, education and public health
section 26(4)(4)Making available to local authorities the services of practitioners to enable such authorities to discharge their functions relating to social services, education and public health
section 27(1) and (2)(5)Providing for consultation before the services of any officer of certain health bodies are made available to a local authority
section 27(4)Agreeing terms and charging for services and facilities provided under section 26 of the Act
section 51(1)Securing the availability of facilities for research connected with clinical medicine or dentistry

PART 2SECRETARY OF STATE FUNCTIONS EXERCISABLE BY (A) PRIMARY CARE TRUSTS AND (B) STRATEGIC HEALTH AUTHORITIES FOR THE PURPOSE OF PERFORMANCE MANAGEMENT ONLY

Column (1)Column (2)
EnactmentSubject matter
Ministry of Health Act 1919(6)—
section 2Securing preparation, carrying out and co-ordination of measures conducive to public health
Health Services and Public Health Act 1968—
section 64(1)Giving financial assistance to voluntary organisations
Chronically Sick and Disabled Persons Act 1970(7)—
section 17Provisions with respect to separation of younger from older patients in hospital
The Act—
section 3(1)(a) and (b)Providing hospital and other accommodation
section 3(1)(c)Providing medical, dental, nursing and ambulance services
section 3(1)(d)Providing facilities for the care of expectant and nursing mothers and young children
section 3(1)(e)Providing facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered illness
section 3(1)(f)Providing other services required for the diagnosis or treatment of illness
section 4Providing high security psychiatric services
section 5(1)(a) and (1A), and paragraph 1 of Schedule 1(8)Providing for the medical inspection and treatment of pupils, their dental inspection and treatment and their education in dental health
section 5(1)(b)Arranging for the giving of advice on contraception, for the medical examination of persons seeking such advice, for the treatment of such persons and for the supply of contraceptive substances and appliances
section 5(2)(a), and paragraphs 1 and 2 of Schedule 2Providing vehicles for people with physical disabilities
section 5(2)(b)Providing accommodation and treatment outside Great Britain for persons suffering from respiratory tuberculosis
section 5(2)(c) and (2A)Provision of a microbiological service
section 52Making accommodation available in connection with the provision of services under Part 2 of the Act
section 63Authorising use of hospital accommodation, determining the extent to which it is to be made available and determining and recovering charges in respect of the use of such accommodation
section 72(1), (3) and (4)Making available health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients
section 96C(1) and (2)Forming and investing in companies
section 121Determining charges for prescribed services provided in respect of prescribed non-residents

Regulation 3(3)

SCHEDULE 2SECRETARY OF STATE FUNCTIONS TO BE EXERCISABLE BY STRATEGIC HEALTH AUTHORITIES

Column (1)Column (2)
EnactmentSubject matter
The Act—
section 1Duty to promote a comprehensive health service
section 17(2)(d)Giving directions to NHS trusts about their exercise of any functions
section 87(1) and (2)Acquiring land or other property required for the purposes of the Act and the use or maintenance of any property belonging to the Secretary of State by virtue of the Act.
Schedule 5, paragraph 9(1) and (4)(9)Payment of remuneration and allowances to chairman and members of the Strategic Health Authority
Mental Health Act 1983—
section 12(2)Approving medical practitioners as having special experience in the diagnosis or treatment of mental disorder

Regulation 5

SCHEDULE 3FUNCTIONS OF STRATEGIC HEALTH AUTHORITIES NOT TO BE EXERCISABLE BY PRIMARY CARE TRUSTS

Column (1)Column (2)
EnactmentSubject matter
The Act—
section 17(2)(d)Giving directions to NHS trusts about their exercise of any functions
Schedule 5, paragraph 9(1) and (4)Payment of remuneration and allowances to chairman and members of a Strategic Health Authority
Mental Health Act 1983—
section 12(2)Approving medical practitioners as having special experience in the diagnosis or treatment of mental disorder
Water Industry Act 1991(10)—
section 87Requesting fluoridation of water supplies
The 1997 Act—
section 5Approval of pilot schemes
section 6(3)Agreement of variation to approved schemes
section 8(1), (2) and (4)Variation and termination of pilot schemes
Health Act 1999—
section 18(1)Putting and keeping in place arrangements for monitoring and improving the quality of health care provided to individuals in their area
Nursing and Midwifery Order 2001
Schedule 2, paragraph 18Transitional provisions for local supervising authorities

Regulation 9

SCHEDULE 4REGULATIONS REVOKED BY THESE REGULATIONS

Column (1)Column (2)Column (3)
Title of RegulationsSerial NumberExtent of revocation
National Health Service (Functions of Health Authorities in London) Regulations 1996S.I. 1996/654The whole regulations
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000S.I. 2000/89Regulation 12
Primary Care Trusts (Functions) (England) Regulations 2000S.I. 2000/695The whole Regulations
The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 2001S.I. 2001/747The whole Regulations
(1)

Section 23(2) was amended by the 2002 Act, Schedule 1, paragraph 11.

(2)

Sections 26(1) and (3) were amended by the 2002 Act, Schedule 1, paragraph 12(a) and (b).

(3)

Section 26(2) was substituted by the 1997 Act, Schedule 2, paragraph 5(2).

(4)

Section 26(4) was inserted by the 1980 Act, section 3(1) and amended by the 1995 Act, Schedule 1, paragraph 14(b), the 1997 Act, Schedule 2, paragraph 5(3), the 1999 Act, Schedule 4, paragraph 11(c), and the 2002 Act, Schedule 1, paragraph 12(c).

(5)

Section 27(1) was amended by the 2002 Act, Schedule 1, paragraph 13(a).

(6)

1919 c. 21; section 2 was amended by S.I. 1968/1699, article 5(3) and Schedule.

(7)

1970 c. 44; section 17 was amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 132.

(8)

Section 5(1) was amended by the 1988 Act, Schedule 3; section 5(1A) and (1B) was inserted by the 1988 Act, section 10(1); Schedule 1 was amended by the 1988 Act, Schedule 2, paragraph 7 and the Education Act 1996 (c. 56), Schedule 37, paragraph 46.

(9)

Paragraph 9(1) was amended by the Health and Social Security Act 1984 (c. 48), Schedule 3, paragraph 13 and Schedule 8, the 1990 Act, Schedule 1, paragraph 7(1) and by the 1995 Act, Schedule 1, paragraph 60(b)(i) and Schedule 3; paragraph 9(4) was amended by the 1999 Act, Schedule 4, paragraph 39(2).

(10)

1991 c. 56. Section 87(1) was amended by the 1995 Act, Schedule 1, paragraph 120(2) and by S.I. 2002/2469.

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