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The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991

Type Statutory-Instrument
Publication 1991-03-08
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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Made: 8th March 1991

Laid before Parliament: 11th March 1991

Coming into force: 1st April 1991

The Secretary of State for Health, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of powers conferred by sections 13, 14(2), 15(1)(b), 16(1), 17(1), 18 and 126(4) and (5) of the National Health Service Act 1977[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991 and shall come into force on 1st April 1991.

Interpretation

2

PART II — DIRECTIONS TO REGIONAL AUTHORITIES

Functions exercisable by Regional Authorities

3

for the benefit of all persons present in its region; and

Restriction on the exercise of functions by Regional Authorities

4

or to give directions to a District Authority which would empower a District Authority to exercise those functions.

PART III — DIRECTIONS TO DISTRICT AUTHORITIES

Functions to be made exercisable by District Authorities in England

5

at or from hospitals, establishments and facilities owned by the Secretary of State for the purpose of the health service and situated in its district or anywhere outside its district that the Secretary of State or the relevant Regional Authority may direct, as well as by means of NHS and other contracts.

Restriction on exercise of functions by District Authorities in England

6

Functions exercisable by District Authorities in Wales

7

for the benefit of all persons present in its district; and

Restrictions on exercise of functions by District Authorities in Wales

8

PART IV — ADMINISTRATION ARRANGEMENTS

Arrangements by Regional Authorities for exercise of functions

9

Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by a Regional Authority pursuant to a direction given under section 13 of the Act may by arrangement with that Authority be exercised on its behalf by—

Arrangements by District Authorities for exercise of functions

10

Arrangements by Family Authorities for exercise of functions

11

and arrangements shall be made by Family Authorities in accordance with directions given by the Secretary of State with respect to the exercise of such functions.

PART V

Revocations

12

The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989[^f00009] are hereby revoked.

SCHEDULE — ENACTMENTS CONFERRING FUNCTIONS EXERCISABLE BY REGIONAL AND DISTRICT AUTHORITIES

Column 1 Column 2
Enactment Subject matter
Health Services and Public Health Act 1968—
section 63(1), (3), (5) and (6) Providing for instruction of officers of health authorities and other persons employed or contemplating employment by health authorities or in authorities connected with health or welfare.
section 64[^f00010] Giving financial assistance to voluntary organisations.
Chronically Sick and Disabled Persons Act 1970[^f00011]
section 17 Provisions with respect to persons under 65.
The Act—
section 2 Providing services considered appropriate for discharging duties imposed on the Secretary of State and doing other things calculated to facilitate the discharge of any such duty.
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 from illness.
section 3(1)(f) Providing other services required for the diagnosis and treatment of illness.
section 5(1), (1A) and paragraph 1 of Schedule 1[^f00012] 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)(d) Conducting or assisting, by grants or otherwise, persons to conduct research into matters relating to illness or other matters connected with a service provided under the Act.
section 19(1), (2) and (3) and paragraphs 1, 2 and 3 of Schedule 6[^f00013] Recognising regional and district advisory committees.
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) 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 making payments in respect of facilities or services provided under section 23 of the Act.
section 25 other than paragraphs (b) and (c) Making available supplies of human blood.
section 26(1) 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) Supplying prescribed goods, materials or other facilities to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services.
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)[^f00014] Making available to local authorities the services of contractors to enable such authorities to discharge their functions relating to social services, education and public health.
section 27(1) and (2) Providing for consultation before the services of any officer of a health authority are made available to a local authority.
section 27(4) Agreeing terms and charging for services and facilities provided.
section 51 Making available facilities for university clinical teaching and research.
section 52 Making accommodation available.
section 63[^f00015] Authorising 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), (4) and (5) 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 81(a) Charging and recovering the charges for more expensive supplies.
section 82(a) Charging for replacement or repair of appliances and vehicles in certain circumstances.
section 83A(1)(b)[^f00016] Paying travelling expenses.
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.
section 121[^f00017] Determining charges for prescribed services provided in respect of prescribed non-residents.
Mental Health Act 1983[^f00018]—
section 12(2) Approving medical practitioners as having special experience in the diagnosis and treatment of mental disorder.
Registered Homes Act 1984[^f00019]
section 23(3), (4) and (5) Registration of nursing homes and mental nursing homes.
section 25 Refusal of registration.
section 26 Conduct of homes.
section 27 Supplementary.
section 28 Cancellation of registration.
section 29(1), (2) and (3) Additional registration conditions.
section 30 Urgent procedure for cancellation of registration.
section 31 Ordinary procedure for registration, cancellation, variation of conditions and additional conditions.
section 32 Representations.
section 33(1) and (2) Decisions.
section 34(2) and (7) Appeals.
section 35(1), (3) and (4) Authorisation of persons to inspect mental nursing homes.
section 37 Exemption of Christian Science homes.
section 53(1) Criminal proceedings.

Signed

Signed by authority of the Secretary of State for Health.

Virginia Bottomley — Minister of State, — Department of Health — 8th March 1991

David Hunt — Secretary of State for Wales — 8th March 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for the Secretary of State’s functions relating to the health service to be exercised by Regional Health Authorities (Part 11) and District Health Authorities (Part 111) and for administrative arrangements under which authorities may exercise each other’s functions (Part IV).

These Regulations replace with amendments the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989. The amendments are made in connection with the coming into force of section 3(1) of the National Health Service and Community Care Act 1990. This section provides that the primary functions of a Regional or District Health Authority are those functions exercisable by the Authorities by virtue of directions under section 13 or section 14 of the National Health Service Act 1977. The principal changes are to be found in regulations 3 and 5 under which the Secretary of State directs Regional Health Authorities and Regional Health Authorities direct District Health Authorities to perform the Secretary of State’s functions relating to the health service only (but subject to certain exceptions) in respect of persons usually resident in their region or district. Regulation 2 defines certain terms used in the Regulations and in particular the term “usually resident” which is to be found in regulation 2(5).

The instrument which these Regulations replace is revoked by regulation 12.

Footnotes

[^f00001]: 1977 c. 49; see section 128(1) for the definition of “regulations”. Sections 13, 14 and 16 were amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 1 paragraphs 33, 34 and 36 respectively. Sections 15, 16 and 18 were amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 2(1). Sections 13 and 14 were amended by the 1990 Act, Schedule 10. Section 15 was amended by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), section 5(2) and Part I of Schedule 4 and the 1990 Act, section 12(1). Section 16 was amended by the 1990 Act, section 3(3) and Schedule 10. Section 17 was substituted by the 1984 Act, Schedule 3, paragraph 2 and amended by the 1990 Act, sections 3(4) and 12(2). Section 18 was amended by the 1980 Act, Schedule 1, paragraph 38 and the 1990 Act, section 2(1) and Schedule 10 and modified by S.I. 1985/39, article 7(2). Section 126(4) was amended by, and section 126(5) was inserted by, the 1990 Act, section 65(2).

[^f00002]: 1990 c. 19.

[^f00003]: These include functions under enactments relating to mental health and nursing homes (see section 13(2) of the National Health Service Act 1977).

[^f00004]: 1983 c. 20.

[^f00005]: See S.I. 1988/865.

[^f00006]: See S.I. 1990/1718.

[^f00007]: See S.I. 1990/2647.

[^f00008]: 1968 c. 46; the relevant parts of section 63 were amended by S.I. 1968/1699, Articles 2 and 5, the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 135 and Schedule 7, Part II, the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26, and Schedule 17, the Health Services Act 1980 (c. 53), Schedule 1, paragraph 19(3), S.I. 1985/39, Article 6, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20 and the National Health Service and Community Care Act 1990 (c. 19), section 2.

[^f00009]: S.I. 1989/51.

[^f00010]: 1968 c. 46; the relevant parts of section 64 were amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraph 15, the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 125, the Children Act 1975 (c. 72), Schedule 3, paragraph 46, the Adoption Act 1976 (c. 36), section 23, Schedule 3, paragraph 10 and Schedule 4, the National Health Service Act 1977, Schedule 5, paragraph 47, the Domestic Proceedings and Magistrates'Courts Act 1978 (c. 22), section 89 and Schedule 2, paragraph 23, the Child Care Act 1980 (c. 5), Schedule 5 and Schedule 6, the Foster Children Act 1980 (c. 6), Schedule 2, S.I. 1985/39, Article 6, and the National Health Service and Community Care Act 1990, section 2.

[^f00011]: 1970 c. 44, the relevant parts of section 17 were amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 132; see also the National Health Service Act 1977 (c. 49), Schedule 14, paragraph 13(1)(b).

[^f00012]: Section 5 and Schedule 1 were amended by the Health and Medicines Act 1988 (c. 49), section 10 and Schedule 2 respectively and Schedule 1 was amended by the Education Act 1980 (c. 20), Schedule 1.

[^f00013]: Section 19 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 39. Schedule 6 was amended by the Health Services Act 1980, Schedule 1, paragraph 81.

[^f00014]: Section 26(4) was added by the Health Services Act 1980 (c. 53), section 3(1).

[^f00015]: Section 63(1) was amended by section 7(9) of the Health and Medicines Act 1988 (c. 49), Schedule 3 which repealed section 63(2) and by paragraph 18(3) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19).

[^f00016]: Section 83A was inserted by section 14(1) of the Social Security Act 1988 (c. 7), Schedule 5 which repealed the earlier provision for travelling expenses made by section 5(3) of the National Health Service Act 1977 (c. 49) and section 83A was further amended by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 6 and by the National Health Services and Community Care Act 1990 (c. 19), Schedule 9, paragraph 18(5).

[^f00017]: Section 121 was amended by the Health and Medicines Act 1988 (c. 49), section 7(12).

[^f00018]: 1983 c. 20.

[^f00019]: 1984 c. 23.

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