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Health Services Act 1980

Type Public General Act
Publication 1980-08-08
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Part I — The National Health Service

Local administration of the health service in England and Wales

Power to make changes in the local administration of the health service in England and Wales

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Family Practitioner Committees for several areas or districts

2

Financial provisions relating to the health services in England, Wales and Scotland

Extension of the powers to make services available to local authorities etc. under s. 26 of the Act of 1977 and s. 15 of the Scottish Act of 1978

3

Power to make grants towards expenditure on services of common concern to health authorities etc. and local authorities

4

Power of health authorities, etc. to raise money etc. by appeals, collections, etc.

5

(84A) (1) A Health Board shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research. (2) A local health council shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in carrying out any function conferred upon them by or under any enactment. (3) Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the Board or local health council exercising the power subject however to any restrictions on the purposes for which trust property may be used. (4) Subject to subsections (5) and (6), the Health Board or local health council at whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given. (5) Where property held by a Health Board or local health council under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the Board or council as the Board or council think fit. (6) Where property held by a Health Board or local health council under this section is insufficient to enable the purpose for which it was given to be fulfilled then— (a) the Board or council may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purposes for which the trust property may be applied, and in the case of money paid or payable by the Secretary of State under section 85(1), to any directions he may give; but (b) where the capital or income applicable under paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the Board or the council shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the Board or council as the Board or council think fit. (7) Where under subsections (5) or (6) property becomes available for purpose other than that for which it was given, the Health Board or local health council shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.

Provision of public money for, and financial duties of, health authorities, Health Boards, etc.

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(1) Subject to subsection (2), there shall, in respect of each financial year, be paid by the Secretary of State sums not exceeding the amount allotted or further allotted by him for that year to each of the following bodies towards meeting the expenditure attributable to the performance by that body of their functions in that year— (a) the Planning Council; (b) every Health Board; (c) the Agency; (d) the Medical Practices Committee; (e) the Dental Estimates Board; (f) the Tribunal; (g) every local health council. (2) Subsection (1) does not apply in respect of the expenditure of a Health Board which is attributable to the performance of their functions under Part II, but in that respect there shall, in respect of each financial year, be paid by the Secretary of State sums equal to the expenditure which he determines is attributable to the performance of those functions in that year. (2A) The Secretary of State may give directions to a body referred to in subsection (1) with respect to the application of the sums paid to them under that subsection and it shall be the duty of any body to whom directions have been given under this subsection to comply with the directions.

(85A) (1) It is the duty of each such body as is referred to in section 85(1), in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of their functions in that year does not exceed the aggregate of— (a) the amounts allotted to that body for that year under section 85(1); (b) any other sums received under this Act in that year by that body; and (c) any sums received otherwise than under this Act in that year by that body for the purpose of enabling them to defray any such expenditure. (2) Subsection (3) of section 85 shall apply for the purposes of this section as it applies for the purposes of that section. (3) The Secretary of State may give such directions to a body referred to in section 85(1) as appear to him to be requisite to secure that the body comply with the duty imposed on them by subsection (1) and it shall be the duty of the body to comply with the directions. Directions under this subsection may be specific in character. (4) To the extent to which— (a) any expenditure of a Health Board or a local health council is defrayed by that body as trustee; or (b) any sums are received by such a body as trustee or under section 84A, that expenditure and, subject to subsection (5), those sums shall be disregarded for the purposes of this section, and, for those purposes, sums which, in the hands of such a body, cease to be trust funds and become applicable by that body otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by that body otherwise than as trustee. (5) Of the sums received by a body under section 84A so much only as accrues to the body after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4). (6) Subject to subsection (4), the Secretary of State may, by directions, determine— (a) whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a body of a description so specified; (b) whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to the performance of the functions by a body of a description so specified; or (c) the extent to which and the circumstances in which sums received but not yet spent by a body under section 85(1) are to be treated for the purposes of this section as part of the expenditure of the body and to which financial year’s expenditure they are to be attributed.

Services provided by relatives of doctors providing general medical services

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The following subsection shall be added at the end of section 29 of the Act of 1977 (arrangements and regulations for general medical services) as subsection (5) of that section and at the end of section 19 of the Scottish Act of 1978 (which makes corresponding provision for Scotland) as subsection (4) of that section:—

(0) Regulations shall— (a) include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and (b) provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.

Dissolution of the Central Health Services Council

Dissolution of the Central Health Services Council

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Part II — Private Practice

Pay beds and Health Services Board, etc.

Repeal of provisions relating to withdrawal of pay beds and dissolution of Board, etc.

9

Treatment of private patients in national health service hospitals

General power to make accommodation and services available

10

Powers to make accommodation and services available for private patients

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(66A) (1) Section 62 above shall apply in relation to the exercise of the powers conferred on the Secretary of State by sections 65 and 66 above as it applies in relation to the exercise of the powers conferred on him by sections 25, 58 and 61 above. (2) The Secretary of State shall revoke an authorisation under section 65 or 66 above only if and to the extent that he is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question.

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(58A) (1) Section 54 shall apply in relation to the exercise of the powers conferred on the Secretary of State by sections 57 and 58 as it applies in relation to the exercise of the powers conferred on him by sections 44, 50 and 53. (2) The Secretary of State shall revoke an authorisation under section 57 or 58 only if and to the extent that he is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question.

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shall cease to have effect.

Control of hospitals outside the national health service

Meaning of " controlled premises "

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  • “controlled premises” means hospital premises which provide or will provide beds for the use of patients, being hospital premises—
  • in the case of which the number of beds which are or will be so provided is one hundred and twenty or more; or
  • which are or are to be situated in an area designated by the Secretary of State under subsection (2A) below;

; and

  • “hospital premises” means premises at which there are or are to be facilities for the provision of hospital services;
  • “hospital services” means all or any of the following services, namely—
  • (a) the carrying out of surgical procedures under genreral anaesthesia;
  • (b) obstetrics;
  • (c) radiotherapy;
  • (d) haemodialysis or peritoneal dialysis;
  • (e) pathology or diagnostic radiology;
  • “relevant hospital premises” means hospital premises occupied otherwise than by or on behalf of the Crown or for the purposes of a visiting force

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(2A) If, on an application by a health authority, the Secretary of State is satisfied that relevant hospital premises in the whole or any part of their area or district provide or will provide, if taken together, one hunderd and twenty or more beds for the use of patients, he may, after consulting with such persons and representative bodies as appear to him to be concerned, by regulations designate the whole or, as the case my be, that part of the authority’s area or district as an area in which all hospital premises which provide or will provide beds for the use of patients shall be controlled premises; and regulations under this subsection— (a) may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient; and (b) shall have effect for such period not exceeding five years as may be prescribed. (2B) in determining for the purposes of subsection (2A) above how many beds relevant hospital premises will provide, the Secretary of State shall not take into account the proposed execution of any works unless— (a) an authorisation for the execution of those works has been granted; or (b) a contract for the execution of those works has been entered into. (2C) The Secretary of State shall not exercise the power conferred by subsection (2A) above unless, having regard to the matters mentioned in subsection (3)(a) of section 13 below, he considers that the execution of works which, if the power were exercised, would be controlled works would be likely to interfere as mentioned in paragraph (b) of subsection (2) of that section.

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Exemptions from control

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