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National Health Service Act 1977

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Local administrationE+W+S

8Regional and Area Health Authorities.E+W+S

[F1F2(1)It is the Secretary of State’s duty to establish by order in accordance with Part I of [F3Schedule 1 to the National Health Service and Community Care Act 1990]]—

(a)authorities for such regions in England as he may by order determine; and

(b)authorities for such . . . F4 . . . F5 districts in Wales or those regions in England as he may by order determine,

and orders determining regions, . . . F4 or districts in pursuance of this subsection shall be separate from orders establishing authorities for the regions, . . . F4 or districts.

(1A)The authorities established by order under subsection (1) above shall be named as follows—

(a)an authority established for a region shall be called a Regional Health Authority;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(c)an authority for a district shall, . . . F7 be called either a District Health Authority . . . F7 or by a special name indicating the authority’s connection with the district or a place in the district, . . . F7;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2)The Secretary of State may by order vary the region of a Regional Health Authority or the . . . F8[F9 . . . F8district] of an . . . F8[F9 . . . F8District] Health Authority whether or not the variation entails the determination of a new or the abolition of an existing region or . . . F8[F9 . . . F8 district].

(3)It is the Secretary of State’s duty to exercise the powers conferred on him by the preceding provisions of this section so as to secure—

(a)that the regions determined in pursuance of those provisions together comprise the whole of England, that the . . . F10[F11 . . . F10 districts] so determined together comprise the whole of Wales and those regions and that no region includes part only of any . . . F10[F11 . . . F10 district]; and

(b)that the provision of health services in each region can conveniently be associated with a university which has a school of medicine or with two or more such universities.

(4)An order made by virtue of subsection (2) above may (without prejudice to the generality of section 126(4) below) contain such provisions for the transfer of officers, property, rights and liabilities as the Secretary of State thinks fit.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

Textual Amendments

Modifications etc. (not altering text)

C1S. 8: by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 1(1)(b) it is provided that in s.8 any reference to an area or an Area Health Authority shall be omitted

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

Textual Amendments

[F1310 Family Practitioner Committees.E+W+S

(1)It is the duty of the Secretary of State by order to establish, in accordance with Part II of [F14Schedule 1 to the National Health Service and Community Care Act 1990], authorities to be called Family Practitioner Committees.

(2)Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

(3)When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

(4)The Secretary of State may by order—

(a)vary a Committee’s locality;

(b)abolish a Committee;

(c)establish a new one.

(5)The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

(a)that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

(b)that none of them extends both into England and into Wales.

(6)Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15]

Textual Amendments

11 Special health authorities.E+W+S

(1)If the Secretary of State considers that a special body should be established for the purpose of performing any functions which he may direct the body to perform on his behalf, or on behalf of an . . . F16[F17 . . . F16 District] Health Authority or a Family Practitioner Committee, he may by order establish a body for that purpose.

(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 special health authority.

(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.

Textual Amendments

12 Supplementary provisions for ss. 8 to 11.E+W+S

The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

(a)Regional Health Authorities . . . F18 . . . F19[F20and District Health Authorities] established under section 8 above;

(b)Family Practitioner Committees established under section 10 above . . . F21;

(c)any special health authority established under section 11 above.

Textual Amendments

13 Secretary of State’s directions.E+W+S

(1)The Secretary of State may direct a Regional Health Authority, . . . F22, [F23a District Health Authority of which the district is in Wales] or a special health authority to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and (subject to section 14 below) it shall be the duty of the body in question 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, but

(b)exclude the duty imposed on him by section 1(1) above to secure the effective provision of the services mentioned in section 15 below.

Textual Amendments

14 Regional Health Authority’s directions.E+W+S

(1)A Regional Health Authority may direct any . . . F24[F25 . . . F24 District] Health Authority of which the . . . F24[F25 . . . F24 district] is included in its region to exercise such of the functions exercisable by the Regional Health Authority by virtue of section 13 above as are specified in the directions, and it is the . . . F24[F25 . . . F24 District] Health Authority’s duty to comply with the directions.

(2)If the Secretary of State directs a Regional Health Authority to secure that any of its functions specified in his directions are or are not exercisable by an . . . F24[F25 . . . F24 District] Health Authority it is the Regional Health Authority’s duty to comply with his directions.

Textual Amendments

Modifications etc. (not altering text)

C2S. 14(1) modified (1.4.1993) by S.I. 1993/567, art. 3(5)

15 Duty of Family Practitioner Committee.E+W+S

(1)It is the duty of each Family Practitioner Committee, in accordance with regulations [F26and subject to any directions from the relevant Regional Health Authority]—

[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 locality;]

(b)to perform such [F28management and] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

[F30(1A)In relation to a Family Health Services Authority for a locality in England, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Regional Health Authority is a reference to that Authority in whose region lies the whole or the greater part of the Authority’s locality.

(1B)In relation to a medical practitioner, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Family Health Services Authority shall be construed as follows,—

(a)if he practices in partnership with other medical practitioners, the relevant Authority is that Authority on whose medical list the members of the practice are included and, if some are included on one Authority’s medical list and some on another’s or if any of the members is included in the medical lists of two or more Authorities, the relevant Authority is that Authority in whose locality resides the largest number of individuals who are on the lists of patients of the members of the practice; and

(b)in any other case, the relevant Authority is that Authority on whose medical list he is included and, if there is more than one, that one of them in whose locality resides the largest number of individuals who are on his list of patients.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

Modifications etc. (not altering text)

C3S. 15(1)(b) modified (1.4.1995) by S.I. 1995/692, art, 2

16 Exercise of functions.E+W+S

(1)Regulations may provide for functions exercisable by virtue of the provisions of sections 13 to 15 above by a body other than [F32a Regional or District Health Authority, or exercisable by a Regional or District Health Authority by virtue of any prescribed provision of this or any other Act, or exercisable by a Family Health Services Authority under Part I of the National Health Service and Community Care Act 1990], to be exercisable on behalf of the body in question—

(a)by an equivalent body or by another body of which the members consist only of the body and equivalent bodies;

(b)by a committee, sub-committee or officer of the body or an equivalent body or such another body as aforesaid;

(c)in the case of functions exercisable by an . . . F33[F34 . . . F33 District] Health Authority, by a special health authority, an officer of such an authority or a Family Practitioner Committee;

(d)in the case of functions exercisable by a Family Practitioner Committee, by a special health authority, an officer of such an authority or an officer of an . . . F33[F34 . . . F33 District] Health Authority.

(2)For the purposes of subsection (1) above, a Regional [F35Health Authority, . . . F36, a District] Health Authority or a Family Practitioner Committee is equivalent to another body of the same name . . . F37 and a special health authority is equivalent to another such authority.

(3)Nothing in this section shall be construed as precluding any body from acting by an agent where it is entitled so to act apart from this section.

Textual Amendments

Valid from 08/09/1999

[F3816A 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.]

Textual Amendments

F38Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E. and 4.1.2000 insofar as not already in force for E.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

Modifications etc. (not altering text)

C4S. 16A extended (19.12.2001 for E.) by 2001 c. 15, ss. 45(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2(a)

Valid from 08/09/1999

F3916B 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 M1National 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.

Textual Amendments

F39Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

Marginal Citations

Valid from 10/10/2002

[F4016BA Local Health BoardsE+W+S

(1)The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising—

(a)functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

(b)other functions of the Assembly relating to the health service.

(2)Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3)A Local Health Board shall be established for the area of Wales specified in its LHB order.

(4)If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5)In this section, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

(6)Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

Textual Amendments

Valid from 10/10/2002

16BB Local Health Boards: functionsE+W+S

(1)The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which—

(a)were exercised by a Health Authority in relation to any part of the same area, and

(b)have been transferred to the Assembly as mentioned in section 16BA(1) above.

(2)The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

(3)The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

(4)The Assembly may give directions to a Local Health Board about its exercise of any functions.

(5)Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

Textual Amendments

Valid from 10/10/2002

16BC Exercise of functions by Local Health BoardsE+W+S

(1)This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

(2)The Assembly may give directions providing for any functions to which this section applies to be exercised—

(a)by another Local Health Board;

(b)by a Special Health Authority; or

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

(3)Directions given by the Assembly may provide—

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

(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 Local Health Board jointly with one or more Health Authorities or other Local Health Boards (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.]

Textual Amendments

Valid from 04/01/2000

[F4116C 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.]

Textual Amendments

F41S. 16C inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 10; S.I. 1999/2342, art. 2(3)(a), Sch. 2

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