National Health Service Act 1977

Local administrationE+W+S

[F18 Health Authorities.E+W+S

(1)It is the duty of the Secretary of State by order to establish, in accordance with Part I of Schedule 5 to this Act, authorities to be called Health Authorities.

(2)Subject to subsection (4) below, a Health Authority shall [F2be established] for such area of England or of Wales as is specified in the order establishing the authority [F3or, if the order so provides, for the whole of Wales].

(3)A Health Authority shall be known by such name, in addition to the title ”Health Authority”, as—

(a)appears to the Secretary of State appropriately to signify the connection of the Health Authority with the area for which the authority are to [F4be established]; and

(b)is specified in the order establishing the authority.

(4)The Secretary of State may by order—

(a)vary a Health Authority’s area;

(b)abolish a Health Authority; or

(c)establish a new Health Authority.

[F5(d)change the name by which a Health Authority are known]

(5)The Secretary of State shall act under this section so as to secure—

(a)that the areas for which Health Authorities are at any time [F6established] together comprise the whole of England and Wales; but

(b)that no area for which a Health Authority [F7are established] extends both into England and into Wales.

(6)The power to make incidental or supplemental provision conferred by section 126(4) below includes in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities.]

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

[F910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11[F12Special Health Authorities.]E+W+S

[F13(1)The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.]

(2)The Secretary of State may, subject to the provisions of Part III of Schedule 5 to this Act, make such further provision relating to that body as he thinks fit.

(3)A body established in pursuance of this section shall (without prejudice to the power conferred by subsection (4) below allocate a particular name to the body) be called a [F14Special Health Authorities].

(4)Without prejudice to the generality of the power conferred by this section to make an order (or of section 126(4) below), that order may in particular contain provisions as to—

(a)the membership of the body established by the order;

(b)the transfer to the body of officers, property, rights and liabilities; and

(c)the name by which the body is to be known.

(5)It is the Secretary of State’s duty before he makes such an order to consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.

12 Supplementary provisions for ss. 8 [F15and] 11.E+W+S

F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(2)] The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

[F18(a)Health Authorities established under section 8 above; and

(b)any Special Health Authority established under section 11 above.]

[F1913 Secretary of State’s directions.E+W+S

(1)The Secretary of State may direct a [F20Health Authority or Special Health Authority]] to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and F21. . . it shall be the duty of the [F22Health Authority or Special Health Authority] to comply with the directions.

(2)The Secretary of State’s functions under subsection (1) above—

(a)include any of his functions under enactments relating to mental health and nursing homes, F23. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

15[F25Duty of Health Authority in relation to family health services.]E+W+S

(1)It is the duty of [F26each Health Authority, in accordance with regulations]—

[F27(a)to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their [F28area];]

(b)to perform such [F29management and] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

[F31(1ZA)It is the duty of each Health Authority, in accordance with regulations, to perform such functions in relation to section 28C arrangements as may be prescribed.

(1ZB)Regulations under subsection (1ZA) may, in particular—

(a)prescribe functions in relation to training;

(b)provide for appeals to the Secretary of State or a prescribed body in relation to functions prescribed by the regulations.]

F32(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33[F34(1B)In relation to a Part II medical practitioner—

(a)whose name is included in the medical list of only one Health Authority, and

(b)who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in that Authority’s medical list,

any reference in this Act or the M1National Health Service and Community Care Act 1990 to the relevant Health Authority is to be construed as a reference to that Authority.

(1BA)In relation to a medical practitioner who is not within subsection (1B), any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Health Authority is to be construed as a reference to the Authority in whose area most of the practice patients live.]

[F35(1C)In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.]

[F36(1D)In this section—

• ”Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 28C arrangements; and

• ”practice patient” means—

  (a)

  in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list);

  (b)

  in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list).]]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

[F3816 Exercise of functions by Health Authorities and Special Health Authorities.E+W+S

(1)This subsection applies to functions which are exercisable by a Health Authority under or by virtue of this Act (including this section), the M2National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which subsection (1) above applies to be exercised—

(a)by another Health Authority,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: Primary Care Trusts and other Health Authorities.

(3)Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised—

(a)by another Special Health Authority, or

(b)jointly with one or more other Special Health Authorities.

(4)Regulations may provide—

(a)for any functions to which subsection (1) above applies to be exercised, on behalf of the Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Health Authority,

(b)for any functions which, under section 16D below or this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.]

[F3916A Primary Care Trusts.E+W+S

(1)The Secretary of State may establish bodies to be known as Primary Care Trusts with a view, in particular, to their—

(a)providing or arranging for the provision of services under this Part of this Act,

(b)exercising functions in relation to the provision of general medical services under Part II of this Act, and

(c)providing services in accordance with section 28C arrangements.

(2)Each Primary Care Trust shall be established by an order made by him (referred to in this Act as a PCT order).

(3)A Primary Care Trust shall be established for the area specified in its PCT order and shall exercise its functions in accordance with any prohibitions or restrictions in the order.

(4)If any consultation requirements apply, they must be complied with before a PCT order is made.

(5)In this section, ”consultation requirements” means requirements about consultation contained in regulations (and the regulations must impose requirements where a PCT order establishes a Primary Care Trust).

(6)Schedule 5A to this Act (which makes further provision about Primary Care Trusts) shall have effect.]

F4016B Exercise of functions by Primary Care Trusts.E+W+S

(1)This section applies to functions which are exercisable by a Primary Care Trust under or by virtue of this Act (including this section), the M3National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which this section applies to be exercised—

(a)by another Primary Care Trust,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: Health Authorities, NHS trusts and other Primary Care Trusts.

(3)Regulations may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,

(b)for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

[F4216C Advice for Health Authorities and Primary Care Trusts.E+W+S

(1)Every Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

(2)This section applies to Primary Care Trusts as it applies to Health Authorities.]