National Health Service Act 1977

PART IServices and Administration

Functions of the Secretary of State

1Secretary of State's duty as to health service

(1)It is the Secretary of State's duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement—

(a)in the physical and mental health of the people of those countries, and

(b)in the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with this Act.

(2)The services so provided shall be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

2Secretary of State's general power as to services

Without prejudice to the Secretary of State's powers apart from this section, he has power—

(a)to provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act; and

(b)to do any other thing whatsoever which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

This section is subject to section 3(3) below.

3Services generally

(1)It is the Secretary of State's duty to provide throughout England and Wales, to such extent as he considers necessary to meet all reasonable requirements—

(a)hospital accommodation;

(b)other accommodation for the purpose of any service provided under this Act;

(c)medical, dental, nursing and ambulance services;

(d)such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

(e)such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

(f)such other services as are required for the diagnosis and treatment of illness.

(2)Where any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the [1946 c. 81.] National Health Service Act 1946, and—

(a)the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination, then

(b)regard shall be had in the general administration of the hospital to the preservation of that character and those associations.

(3)Nothing in section 2 above or in this section affects the provisions of Part II of this Act (which relates to arrangements with practitioners for the provision of medical, dental, ophthalmic and pharmaceutical services).

4Special hospitals

The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide and maintain establishments (in this Act referred to as " special hospitals ") for persons subject to detention under the [1959 c. 72.] Mental Health Act 1959 who in his opinion require treatment under conditions of special security on account of their dangerous, violent or criminal propensities.

5Other services

(1)It is the Secretary of State's duty—

(a)to provide for the medical and dental inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities and for the medical and dental treatment of such pupils (and the additional provisions set out in Schedule 1 to this Act have effect in relation to this paragraph);

(b)to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

(2)The Secretary of State may—

(a)provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

(b)arrange to provide accommodation and treatment outside Great Britain for persons suffering from respiratory tuberculosis;

(c)provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases (and the Secretary of State may allow persons to use services provided at such laboratories on such terms, including terms as to charges, as he thinks fit);

(d)conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the [1919 c. 21.] Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

(3)Regulations may provide for the payment by the Secretary of State in such cases as may be prescribed of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred by persons for the purpose of availing themselves of any services provided under this Act.

(4)The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the administration of the public health laboratory service (the service referred to in paragraph (c) of subsection (2) above) as the Secretary of State may determine.

(5)The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

Central Health Services Council and Medical Practices Committee

6Central Health Services Council, and standing advisory committees

(1)The Central Health Services Council (in this Act referred to as " the Central Council") shall have the duty of advising the Secretary of State upon such general matters relating to the services provided under this Act as the Council think fit, and upon any questions relating to those services which he may refer to them.

(2)The Central Council shall be constituted in accordance with Schedule 4 to this Act, but the Secretary of State may by order vary that constitution after consultation with the Council; and the supplementary provisions of that Schedule have effect in relation to the Central Council and any standing advisory committee constituted under subsection (3) below.

(3)The Secretary of State may, after consultation with the Central Council, by order constitute standing advisory committees for the purpose of advising him and the Council on such of the services provided under this Act as may be specified in the order.

(4)Any committee so constituted shall consist partly of members of the Central Council appointed by the Secretary of State, and partly of persons (whether or not members of the Council) appointed by the Secretary of State after consultation with such representative organisations as he may recognise for the purpose.

(5)It shall be the duty of a committee so constituted to advise the Secretary of State and the Central Council—

(a)upon such matters relating to the services with which the committee are concerned as they think fit, and

(b)upon any questions referred to them by the Secretary of State or the Council relating to those services,

and, if the committee advise the Secretary of State upon any matter, they shall inform the Council, who may express their views on the matter to the Secretary of State.

(6)The Central Council shall make an annual report to the Secretary of State on their proceedings, and on the proceedings of any standing advisory committee constituted under subsection (3) above, and, subject to subsection (7) below, the Secretary of State shall lay that report before Parliament with such comments (if any) as he thinks fit.

(7)If the Secretary of State, after consultation with the Central Council, is satisfied that it would be contrary to the public interest to lay any such report, or a part of any such report before Parliament, he may refrain from so laying that report or that part.

7Medical Practices Committee

(1)The Medical Practices Committee—

(a)shall consist of a chairman and eight other members appointed by the Secretary of State after consultation with such organisations as he may recognise as representative of the medical profession; and

(b)the chairman and six of the other members shall be medical practitioners, and five at least of those six shall be actively engaged in medical practice.

(2)The Secretary of State may—

(a)make regulations as to the appointment, tenure of office and vacation of office of the members of the Committee ; and

(b)provide the services of such officers as the Committee may require.

(3)The Committee's proceedings shall not be invalidated by any vacancy in its membership or by any defect in a member's appointment or qualification.

Local administration

8Regional and Area Health Authorities

(1)It is the Secretary of State's duty to establish by order in accordance with Part I of Schedule 5 to this Act—

(a)authorities, to be called Regional Health Authorities, for such regions in England as he may by order determine, and

(b)authorities, to be called either Area Health Authorities or (in accordance with section 9 below) Area Health Authorities (Teaching), for such areas in Wales and those regions as he may by order determine,

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

Any reference in the following provisions of this Act to an Area Health Authority includes a reference to an Area Health Authority (Teaching) unless the context otherwise requires.

(2)The Secretary of State may by order vary the region of a Regional Health Authority or the area of an Area Health Authority whether or not the variation entails the determination of a new or the abolition of an existing region or area.

(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 areas so determined together comprise the whole of Wales and those regions and that no region includes part only of any area ; 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)It is the Secretary of State's duty before he makes an order under subsection (2) to consult with respect to the order—

(a)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; and

(b)such other bodies as he considers are concerned with the order.

9Special provisions for Area Health Authorities (Teaching)

(1)An order establishing an Authority in pursuance of paragraph (b) of section 8(1) above may provide for it to be called an Area Health Authority (Teaching) if and only if the Secretary of State is satisfied that the Authority is to provide for a university or universities substantial facilities for undergraduate or post-graduate clinical teaching.

(2)Where the Secretary of State is satisfied that an Area Health Authority is to provide, or is providing such facilities, he may provide by order for the Authority to be called an Area Health Authority (Teaching), and, where he is satisfied that an Area Health Authority (Teaching) no longer provides such facilities, he may provide by order for the Authority to be called an Area Health Authority.

(3)It is the Secretary of State's duty, before providing that an Authority shall be called or cease to be called an Area Health Authority (Teaching), to consult the university or universities concerned with the facilities in question.

10Family Practitioner Committees

It is the duty of each Area Health Authority to establish for its area, in accordance with Part II of Schedule 5 to this Act, a body called a Family Practitioner Committee, and each Family Practitioner Committee has the duty described in section 15 below.

11Special health authorities

(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 Area 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 to 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.

12Supplementary provisions for ss. 8 to 11

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

(a)Regional Health Authorities and Area Health Authorities established under section 8 above ;

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

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

13Secretary of State's directions

(1)The Secretary of State may direct a Regional Health Authority, an Area Health Authority of which the area 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.

14Regional Health Authority's directions

(1)A Regional Health Authority may direct any Area Health Authority of which the area 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 Area 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 Area Health Authority it is the Regional Health Authority's duty to comply with his directions.

15Duty of Family Practitioner Committee

(1)It is the duty of each Family Practitioner Committee, in accordance with regulations—

(a)to administer, on behalf of the Area Health Authority by which the Committee was established, 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 the area of the Authority, and

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

(2)If it appears to the Secretary of State that, in consequence of regulations made by virtue of the preceding provisions of this section, references to an Area Health Authority in particular provisions of this Act should be construed as references to a Family Practitioner Committee, he may by regulations provide accordingly.

16Exercise of functions

(1)Regulations may provide for functions exercisable by virtue of the provisions of sections 13 to 15 above by a body other than an Area Health Authority, or exercisable by virtue of any provision of this Act by an Area Health Authority, 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 Area 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 Area Health Authority.

(2)For the purposes of subsection (1) above, a Regional or Area Health Authority or a Family Practitioner Committee is equivalent to another body of the same name 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.

17Directions as to exercise of functions

The Secretary of State may give directions with respect to the exercise of any functions exercisable by virtue of sections 13 to 16 above, or by an Area Health Authority by virtue of Part II of this Act; and, subject to any directions given by the Secretary of State by virtue of this section—

(a)a Regional Health Authority may give directions with respect to the exercise by an Area Health Authority of which the area is included in its region, of any functions exercisable by the Area Health Authority by virtue of section 14 above,

(b)an Area Health Authority may give directions with respect to the exercise by the Family Practitioner Committee established by it of any functions which are exercisable by the Committee by virtue of section 15 above and are prescribed for the purposes of this paragraph,

and it shall be the duty of the body in question to comply with the directions.

18Directions under ss. 13 to 17 generally

(1)Any directions given by the Secretary of State in pursuance of sections 13 to 17 above shall be given either by regulations or by an instrument in writing, except that—

(a)any such directions in pursuance of section 13 above in respect of functions relating to special hospitals, and

(b)any such directions in respect of functions conferred on the Secretary of State by section 20(1) or (2) below,

shall only be given by regulations.

(2)Any directions given by an Authority in pursuance of sections 13 to 17 shall be given by an instrument in writing.

(3)Directions given and regulations made under sections 13 to 17 in respect of any function—

(a)shall not, except in prescribed cases, preclude a body or person by whom the function is exercisable apart from the directions or regulations from exercising the function, and

(b)may in the case of directions given by an instrument in writing be varied or revoked by subsequent directions given in pursuance of those sections and this section (without prejudice to the operation of section 32(3) of the [1889 c. 63.] Interpretation Act 1889 in the case of directions given by regulations),

so, however, that an Area Health Authority shall not be entitled to exercise any functions which, by virtue of section 15 above, are exercisable by the Family Practitioner Committee established by the Authority.

Local advisory committees and Community Health Councils

19Local advisory committees

(1)Where the Secretary of State is satisfied that a committee formed for Wales, or for the region of a Regional Health Authority, is representative of persons of any of the following categories—

(a)the medical practitioners, or

(b)the dental practitioners, or

(c)the nurses and midwives, or

(d)the registered pharmacists, or

(e)the ophthalmic and dispensing opticians,

of Wales or of the region, then it shall be his duty to recognise the committee.

(2)A committee recognised in pursuance of subsection (1) above shall be called—

(a)the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

(b)the Regional Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the region in question.

(3)Where the Secretary of State is satisfied that a committee formed for the area of an Area Health Authority is representative of persons of any of the categories mentioned in paragraphs (a) to (e) in subsection (1) it shall be his duty to recognise the committee.

A committee recognised in pursuance of this subsection shall be called the Area Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the area in question.

(4)The Secretary of State's duty under subsections (1) and (3) above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

20Community Health Councils

(1)It is the Secretary of State's duty to establish in accordance with this section a council for the area of each Area Health Authority, or separate councils for such separate parts of the areas of those Authorities as he thinks fit, and such a council shall be called a Community Health Council.

(2)The Secretary of State—

(a)may if he thinks fit discharge this duty by establishing a Community Health Council for a district which includes the areas or parts of the areas of two or more Area Health Authorities, but

(b)shall be treated as not having discharged that duty unless he secures that there is no part of the area of an Area Health Authority which is not included in some Community Health Council's district.

(3)The additional provisions of Schedule 7 to this Act have effect in relation to Community Health Councils.

Co-operation and assistance

21Local social services authorities

(1)Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—

(a)care of mothers and young children,

(b)prevention, care and after-care,

(c)home help and laundry facilities,

are functions exercisable by local social services authorities, and that Schedule has effect accordingly.

(2)A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—

(a)by any other local social services authority, or

(b)by any of the bodies constituted under this Act, or

(c)by a local education authority.

This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

(3)A local social services authority may provide (or improve or furnish) residential accommodation—

(a)for officers employed by them for the purposes of any of their functions as a local social services authority, or

(b)for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.

22Co-operation between health authorities and local authorities

(1)In exercising their respective functions health authorities and local authorities shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

(2)There shall be committees, to be called joint consultative committees, who shall advise Area Health Authorities and the authorities in column 2 of the Table below on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities.

(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Area Health Authorities together with one or more of the authorities in column 2 of the Table above, and an Area Health Authority shall be represented together with each of the authorities associated with that Authority in column 2 of the said Table in one or other of the committees (but not necessarily the same committee).

(4)The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

(a)provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

(b)provide, where it appears to the Secretary of State appropriate, for an Area Health Authority to be represented on a joint consultative committee together with a local or other authority whose area is not within the area of the Area Health Authority ;

(c)afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice ;

(d)authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee ;

(e)authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are not members of the authorities represented by the joint consultative committee;

(f)require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved ; and

(g)require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

(5)Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

23Voluntary organisations and other bodies

(1)The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.

In this section " voluntary organisation " means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(2)The Secretary of State may make available—

(a)to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or

(b)to any voluntary organisation eligible for assistance under section 64 or section 65 of the [1968 c. 46.] Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),

any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a health authority in connection with it.

(3)The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.

(4)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, the [1971 c. 10.] Vehicles (Excise) Act 1971 and Part VI of the [1972 c. 20.] Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

(5)Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.

24Overseas aid

Each health authority and the Public Health Laboratory Service Board has power—

(a)with the Secretary of State's consent, to enter into and carry out agreements with the relevant Minister under which, at the expense of that Minister, the authority or board acts as the instrument by means of which he furnishes technical assistance in the exercise of the power conferred on him by section 1(1) of the [1966 c. 21.] Overseas Aid Act 1966;

(b)with the consent of the Secretary of State and the relevant Minister, to enter into and carry out agreements which under the authority or board furnishes, for any purpose specified in that section 1(1), technical assistance (excluding financial assistance) in any country or territory outside the United Kingdom against reimbursement to the authority or board of the cost of furnishing the assistance.

In this section " the relevant Minister " means the Minister of the Crown by whom is exercisable the power conferred on the Minister of Overseas Development by that section 1(1) as originally enacted.

25Supplies not readily obtainable

Where the Secretary of State has acquired—

(a)supplies of human blood for the purposes of any service under this Act, or

(b)any part of a human body for the purpose of, or in the course of providing, any such service, or

(c)supplies of any other substances or preparations not readily obtainable,

he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.

This section is subject to section 62 below (restriction of powers under sections 25, 58 and 61).

26Supply of goods and services by Secretary of State

(1)The Secretary of State may—

(a)supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service ;

(b)make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act, and the services of persons employed by the Secretary of State or by a health authority ;

(c)carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

In this subsection—

• " maintenance work " includes minor renewals, minor improvements and minor extensions; and

• " public bodies " includes public bodies in Northern Ireland.

(2)The Secretary of State may supply or make available to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services such goods, materials or other facilities as may be prescribed.

(3)The Secretary of State shall make available to local authorities—

(a)any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,

(b)the services provided as part of the health service by any person employed by the Secretary of State or a health authority, and

(c)the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a health authority otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

27Conditions of supply under s. 26

(1)It is the Secretary of State's duty, before he makes the services of any officer of a health authority available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the health authority has consulted the officer about the matter.

(2)The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.

(3)For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to health authorities to make the services of their officers available as he considers appropriate; and it shall be the health authority's duty to comply with any such directions.

(4)The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(5)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, the [1971 c. 10.] Vehicles (Excise) Act 1971 and Part VI of the [1972 c. 20.] Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

(6)Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.

28Supply of goods and services by local authorities

(1)In the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 the expression " public body " includes any health authority and so far as relates to his functions under this Act includes the Secretary of State.

(2)The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.

(3)Every local authority shall make available to health authorities acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority's functions under the [1970 c. 42.] Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable health authorities to discharge their functions under this Act.

(4)Such charges may be made by a local authority for acting under subsection (3) above as may be agreed between the local authority and the Secretary of State or, in default of agreement, as may be determined by arbitration.