The National Health Service (Transitional Functions of Health Authorities) (Administra tion Arrangements) Regulations 1996

Made: 4th September 1996

Laid before Parliament: 5th September 1996

Coming into force: 26th September 1996

The Secretary of State for Health, in exercise of powers conferred by sections 16(1) and 126(4) of the National Health Service Act 1977[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the National Health Service (Transitional Functions of Health Authorities) (Administration Arrangements) Regulations 1996 and shall come into force on 26th September 1996.

Arrangements by Health Authorities for exercise of transitional functions

2

• (1) Subject to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority by virtue of the provisions prescribed under paragraphs 13, 16 and 20 of Schedule 2 to the Health Authorities Act 1995[^f00002] (transitional provisions and savings) mentioned in paragraph (2) below may, by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised—

• (a) on behalf of that Authority—

• (i) by another Health Authority,

• (ii) by a committee or sub-committee, or an officer, of the Authority or another Health Authority, or

• (iii) by a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities; or

• (b) by that Authority jointly with one or more other Health Authorities.

• (2) The provisions referred to in paragraph (1) above are—

• (a) article 5(1) and (2) (accounts, and winding up, of old authorities);

• (b) article 9 (complaints to Health Service Commissioner); and

• (c) article 10 (other complaints),

of the Health Authorities Act 1995 (Transitional Provisions) Order 1996[^f00003].

Signed

Signed by authority of the Secretary of State for Health

Gerald Malone — Department of Health — 4th September 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations make further provision for the arrangements which may be made by Health Authorities for their functions to be exercised jointly with other Health Authorities or on their behalf by their committees, sub-committees or officers, or by other Health Authorities or by the committees, sub-committees or officers of other Authorities.

The Regulations enable such arrangements to be made in the case of certain transitional functions conferred on Health Authorities by Orders made under Schedule 2 to the Health Authorities Act 1995 in connection with the abolition by that Act of District Health Authorities and Family Health Services Authorities (regulation 2).

Footnotes

[^f00001]: 1977 c. 49. Section 16 was substituted by paragraph 7 of Schedule 1 to the Health Authorities Act 1995 (c. 17). See, in particular, regulation 5 of, S.I. 1996/708. Section 126 was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) ( “the 1990 Act”). See alsosection 128(1), as amended by section 26(2)(g) and (i) of the 1990 Act, for the definitions of “prescribed” and “regulations”.

[^f00002]: 1995 c. 17.

[^f00003]: S.I. 1996/709, as amended by S.I. 1996/971.