The National Health Service Functions (Administration Arrangements and Amendment of Directions) Regulations 1992

Made: 10th March 1992

Laid before Parliament: 11th March 1992

Coming into force: 1st April 1992

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, 16, 18(1) 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:

Citation and commencement

1

These Regulations may be cited as the National Health Service Functions (Administration Arrangements and Amendment of Directions) Regulations 1992 and shall come into force on 1st April 1992.

Charges with respect to the supply of human blood

2

The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991[^f00002] are amended as follows:

• (a) by the omission of regulation 4(8);

• (b) in regulation 5(3) by the omission of “, (b)” and the insertion at the end of the words “or of the function of determining charges for the supply of human blood under section 25 of the Act”;

• (c) in regulation 8(1) by the substitution for “, (7) and (8)” of “and (7)”;

• (d) by the addition after regulation 8(3) of the following paragraph—

(4) In the exercise of the Secretary of State’s specified health service functions under section 25 of the Act, such charges shall be made with respect to supplies of human blood as are determined by the Secretary of State.

Arrangements for the exercise of functions in South East London

3

Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by any of—

• (a) Camberwell Health Authority;

• (b) Lewisham and North Southwark Health Authority;

• (c) West Lambeth Health Authority,

by virtue of any provision specified in the Schedule to these Regulations may by arrangement with that authority be exercised on its behalf by any other of those authorities.

SCHEDULE — ENACTMENTS CONFERRING FUNCTIONS EXERCISABLE BY ANOTHER HEALTH AUTHORITY

Signed

Signed by authority of the Secretary of State for Health

Hooper — Parliamentary Under Secretary of State — Department of Health — 10th March 1992

David Hunt — Secretary of State for Wales — 10th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in relation to the exercise of health service functions by Health Authorities.

Regulation 2 amends the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991 (“the Regulations”) in two respects. The first amendment revokes regulation 4(8). An entry in the Schedule to the Regulations directed Regional Health Authorities to exercise the Secretary of State’s functions under section 25(a) of the National Health Service Act 1977 (making available supplies of human blood), but regulation 4(8) of the Regulations reserved to the Secretary of State the function of determining charges for the supply of human blood. The omission of regulation 4(8) enables such charges to be determined by Regional Health Authorities. The addition of paragraph (4) to regulation 8 of the Regulations restricts to the Secretary of State the function of determining such charges in Wales.

The second amendment to the Regulations has the effect of enabling a Regional Health Authority to direct a District Health Authority to exercise functions in relation to the supply of human blood, other than the function of determining charges.

Regulation 3 enables arrangements to be made by virtue of which any one of three named District Health Authorities has power to exercise functions specified in the Schedule to these Regulations on behalf of one or both of the others.

Footnotes

[^f00001]: 1977 c. 49; see section 128(1) for the definition of “regulations”; section 16 was amended by section 3(3) of the National Health Service and Community Care Act 1990 (c. 19). There are amendments to sections 13 and 18(1) which are not relevant to these Regulations.

[^f00002]: S.I. 1991/554.

[^f00003]: 1974 c. 37.

[^f00004]: 1983 c. 20.

[^f00005]: 1984 c. 22.

[^f00006]: 1985 c. 63.

[^f00007]: 1986 c. 33.

[^f00008]: 1987 c. 33.