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Finance and AccountsE+W+S

[F197 Means of meeting expenditure of Health Authorities and Special Health Authorities out of public funds.E+W+S

[F2(A1)It is the duty of the Secretary of State to pay in respect of each financial year to each Strategic Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Authority towards meeting the expenditure of the Authority which is attributable to the performance by the Authority of their functions in that year.]

[F3(1)It is the duty of the Secretary of State to pay to each Health Authority sums equal to their general Part II expenditure.

[F4(2)“General Part II expenditure” is expenditure which—

(a)is attributable to the payment of remuneration to persons providing services in pursuance of Part II; but

(b)does not fall within paragraphs (b) to (d) of subsection (3A).]

(3)It is the duty of the Secretary of State to pay to each Health Authority, in respect of each financial year, sums not exceeding the amount allotted for that year by the Secretary of State to the Authority towards meeting their main expenditure [F5in that year].

[F6(3AA)In determining the amount to be allotted for any year to a Health Authority under subsection (3) above (or in varying the amount under subsection (5) below), the Secretary of State may take into account (in whatever way he thinks appropriate)—

(a)the Authority’s general Part 2 expenditure, and

(b)expenditure which would have been the Authority’s general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of that expenditure as he thinks appropriate).]

[F7(3BB)Schedule 12A to this Act (which defines “general Part II expenditure” and “main expenditure” for the purposes of, and supplements, this section and [F8sections 97C and 97F] below) shall have effect]]

[F9[F10(3C)Where the Secretary of State has made an initial determination of the amount (“the initial amount”) to be allotted for any year [F11to a Strategic Health Authority under subsection (A1) above or] to a Health Authority under subsection (3) above, he may increase the initial amount by a further sum if it appears to him that over a period notified to the Authority—

(a)they satisfied any objectives notified to them as objectives to be met in performing their functions, or

(b)they performed well against any criteria notified to them as criteria relevant to the satisfactory performance of their functions (whether or not the method of measuring their performance against those criteria was also notified to them).]]

(3D)In subsection (3C) above, “notified” means specified or referred to in a notice given to [F12the Strategic Health Authority or][F13the Health Authority] by the Secretary of State.

(3E)In making any increase under subsection (3C) above, the Secretary of State may (whether by directions under subsection (6) below or otherwise) impose any conditions he thinks fit on the application or retention by the authority of the sum in question.

(3F)Where the Secretary of State has, under subsection (3C) above, increased by any sum the amount to be allotted for any year to [F14a Strategic Health Authority or] a Health Authority and notified the authority of the allotment and it subsequently appears to him that the authority have failed (wholly or in part) to satisfy any conditions imposed in making that increase, he may—

(a)reduce the allotment made to that authority for that year, or

(b)when he has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the authority under subsection (3) above, reduce the initial amount,

by an amount not exceeding that sum.]

(4)It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year.

(5)An amount is allotted to a [F15Strategic Health Authority,] Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.

(6)The Secretary of State may give directions to a [F16Strategic Health Authority,] Health Authority or Special Health Authority with respect to—

(a)the application of sums paid to them under [F17this section];[F18 or]

(b)the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; [F19or]

(bb)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Sums falling to be paid [F23Strategic Health Authorities,][F24to Health Authorities or Special Health Authorities] under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

Textual Amendments

F1S. 97 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 47 (with Sch. 2 para. 6)

F2S. 97(A1)) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(2), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F3S. 97(1)-(3B) substituted (14.10.1997) for s. 97(1)-(3) by 1997 c. 46, s. 36; S.I. 1997/2457, arts. 2, 3

F4S. 97(2) omitted (1.9.1999 for E. with effect for the financial year 1999-2000 and subsequent financial years and otherwise prosp.) by virtue of 1999 c. 8, ss. 4(2)(a)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1 and s. 97(2) repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5 Note

F5Words in s. 97(3) inserted (1.9.1999 for E. with effect for the financial year 1999-2000 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 4(2)(b)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1

F6S. 97(3AA) inserted (22.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 1(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3619, art. 2(1) (with effect as mentioned in art. 2(2))

F7S. 97(3BB) substituted for s. 97(3A)(3B)(1.9.1999 for E. for specified purposes with effect for the financial year 1999-2000 and subsequent financial years, 1.4.2000 oherwise and prosp. for W.) by virtue of 1999 c. 8, ss. 4(2)(c)(4), 67; S.I. 1999/2342, art. 2(1)(4), Schs. 1, 3

F9S. 97(3C)-(3F) inserted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 8, 67; S.I. 1999/2342, art. 2(1), Sch.

F10S. 97(3C) substituted (30.9.2002 for E. for the purposes of the year ending with 31st March 2003 and subsequent years, otherwise prosp.) by 2001 c. 15, ss. 2(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/2363, art. 2 (subject to art. 2(2))

F11Words in s. 97(3C) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(3), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F12Words in s. 97(3D) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(4), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F13Words in s. 97(3D) substituted (30.9.2002 for E. for the purposes of the year ending with 31st March 2003 and subsequent years, otherwise prosp.) by 2001 c. 15, ss. 2(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/2363, art. 2 (subject to art. 2(2))

F14Words in s. 97(3F) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(5), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F15Words in s. 97(5) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), {ss. 7(6}, 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F16Words in s. 97(6) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(7)(a), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F18Word in s. 97(6)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(7)(b), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F19Word in s. 97(6)(b) omitted (1.4.2000 for E. and otherwise prosp.) by virtue of 1999 c. 8, ss. 65, 67, Sch. 4 para. 31(2); S.I. 1999/2342, art. 2(4), Sch. 3 and repealed (prosp.) by 1999 c. 8, ss. 65, 67, Sch. 5

F20S. 97(6)(bb)(c) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(7)(c), 37(2), 42(3), Sch. 9 Pt. 1; S.I. 2002/2478, art. 3(1)(a)(f) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F21S. 97(7) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 31(3); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and is repealed (1.4.2000 for E.W.) by 1999 c. 8, ss. 65, 67, Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

F22S. 97(8) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(8), 37(2), 42(3), Sch. 9 Pt. 1; S.I. 2002/2478, art. 3(1)(a)(f) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F23Words in s. 97(9) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 7(9), 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

F24Words in s. 97(9) inserted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 31(4); S.I. 1999/2342, art. 2(4), Sch. 3

Modifications etc. (not altering text)

C1S. 97 modified (E.) (with effect in relation to the period beginning with 1.4.2002 and ending with 30.9.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 2) Order 2002 (S.I. 2002/2478), art. 4

[F2597A Financial duties of Health Authorities and Special Health Authorities.E+W+S

(1)It is the duty of [F26every Strategic Health Authority and of] every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of [F27the Authority] which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of—

(a)the [F28amount allotted to them for that year under subsection [F29(A1) or](3)] of that section;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(2)It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of—

(a)the amount allotted to them for that year under subsection (4) of section 97 above;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(3)The Secretary of State may give such directions to a [F30Strategic Health Authority,] Health Authority or Special Health Authority as appear to be requisite to secure that the [F30Strategic Health Authority,] Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above.

(4)Directions under subsection (3) above may be specific in character.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)To the extent to which—

(a)any expenditure is defrayed by a [F32Strategic Health Authority,] Health Authority or Special Health Authority as trustee or on behalf of a [F32Strategic Health Authority,] Health Authority or Special Health Authority by special trustees; or

(b)any sums are received by a [F32Strategic Health Authority,] Health Authority or Special Health Authority as trustee or under section 96A above,

that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section.

(7)For the purposes of this section sums which, in the hands of a [F32Strategic Health Authority,] Health Authority or Special Health Authority, cease to be trust funds and become applicable by the [F32Strategic Health Authority,] Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the [F32Strategic Health Authority,] Health Authority or Special Health Authority otherwise than as trustee.

(8)Of the sums received by a [F32Strategic Health Authority,] Health Authority or Special Health Authority under section 96A above so much only as accrues to the [F32Strategic Health Authority,] Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above.

(9)Subject to subsection (6) above, the Secretary of State may by directions determine—

(a)whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a [F33Strategic Health Authority,] Health Authority or Special Health Authority of a description specified in the directions;

(b)whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as—

(i)expenditure within subsection (1) above of a [F34Strategic Health Authority or] Health Authority of a description so specified; or

(ii)expenditure within subsection (2) above of a Special Health Authority of a description so specified; or

(c)the extent to which, and the circumstances in which, sums received—

(i)by a [F35Strategic Health Authority or] Health Authority under F36. . . section 97 above; or

(ii)by a Special Health Authority under subsection (4) of that section,

but not yet spent are to be treated for the purposes of this section as part of the expenditure of the [F33Strategic Health Authority,] Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.]

Textual Amendments

F25S. 97A substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 48 (with Sch. 2 para. 6)

F27Words in s. 97A(1) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 4(2)(b); S.I. 2002/2478, {art. 3(1)((e)} (and that amending provision, Sch. 8 para. 4(2)(b), purportedly brought into force at 10.10.2002 for W. by S.I. 2002/2532, art 2 Sch.)

F29Words in s. 97A(1)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 4(2)(c); S.I. 2002/2478, {art. 3(1)((e)} (and that amending provision, Sch. 8 para. 4(2)(c), purportedly brought into force at 10.10.2002 for W. by S.I. 2002/2532, art 2 Sch.)

F31S. 97A(5) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 32; S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and is repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

[F3797AA Resource limits for Health Authorities and Special Health Authorities.E+W+S

(1)It is the duty of [F38every Strategic Health Authority,] every Health Authority and every Special Health Authority to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Secretary of State.

(2)In the application of subsection (1) above to a Health Authority no account shall be taken of any use of resources for the purpose of general Part II expenditure (within the meaning of paragraph 1 of Schedule 12A).

[F39(2A)But in specifying an amount for a Health Authority under subsection (1) above (or in varying the amount under subsection (6) below), the Secretary of State may take into account (in whatever way he thinks appropriate)—

(a)any such use of resources, and

(b)the use of any resources which would have been for the purpose of the Authority’s general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of such uses of resources as he thinks appropriate).]

(3)For the purpose of subsection (1) above the Secretary of State may give directions—

(a)specifying uses of resources which are to be, or not to be, taken into account;

(b)making provision for determining to which [F40Strategic Health Authority,] Health Authority or Special Health Authority certain uses of resources are to be attributed;

(c)specifying descriptions of resources which are to be, or not to be, taken into account.

(4)Subsections (6) to (8) of section 97A above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(5)The provisions in section 97A(3) and (4) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2).

(6)Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.

(7)In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

F37S. 97AA inserted (22.12.2000 for E. for specified purposes, 1.4.2001 for other specified purposes and otherwise prosp) by 2000 c. 20, ss. 12(1), 30; S.I. 2000/3349, arts. 2(c), 3(1)(a), 4 (with transitional provisions in art. 5)

F39S. 97AA(2A) inserted (22.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 1(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3619, art. 2(1) (with effect as mentioned in art. 2(2))

Modifications etc. (not altering text)

C2S. 97AA amended (W.) (prosp.) by 2000 c. 20, ss. 12(2), 30

F4197B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F41S. 97B repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

[F42[F4397C Public funding of Primary Care Trusts.E+W+S

(1)It is the duty of the Secretary of State, in respect of each financial year, to pay to each Primary Care Trust—

(a)sums equal to their general Part 2 expenditure; and

(b)sums not exceeding the amount allotted by the Secretary of State to the Primary Care Trust for that year towards meeting the Trust’s main expenditure in that year.

(2)In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b) above (or in varying the amount under subsection (7) below), the Secretary of State may take into account, in whatever way he thinks appropriate—

(a)the Trust’s general Part 2 expenditure; and

(b)expenditure which would have been the Trust’s general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of that expenditure as he thinks appropriate).

(3)Where the Secretary of State has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Primary Care Trust under subsection (1)(b) above, he may increase the initial amount by a further sum if it appears to him that over a period notified to the Trust—

(a)it satisfied any objectives notified to it as objectives to be met in performing its functions; or

(b)it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

(4)In subsection (3) above, “notified” means specified or referred to in a notice given to the Primary Care Trust by the Secretary of State.

(5)In making any increase under subsection (3) above, the Secretary of State may (whether by directions under subsection (8) below or otherwise) impose any conditions he thinks fit on the application or retention by the Primary Care Trust of the sum in question.

(6)Where the Secretary of State has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Primary Care Trust and notified the Trust of the allotment and it subsequently appears to him that the Trust has failed (wholly or in part) to satisfy any conditions imposed in making that increase, he may—

(a)reduce the allotment made to the Trust for that year; or

(b)when he has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Trust under subsection (1)(b) above, reduce the initial amount,

by any amount not exceeding that sum.

(7)An amount is allotted to a Primary Care Trust for a year under this section when the Trust is notified by the Secretary of State that the amount is allotted to the Trust for that year; and the Secretary of State may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made.

(8)The Secretary of State may give directions to a Primary Care Trust with respect to—

(a)the application of sums paid to it under this section, or

(b)the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.

(9)Sums falling to be paid to Primary Care Trusts under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]]

Textual Amendments

F42S. 97C inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 3, 67; S.I. 1999/2342, art. 2(4), Sch. 3

F43S. 97C substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 8, 42(3); S.I. 2002/2478, art. 3(1)(a) (with effect for E. as mentioned in art. 3(3) of the commencing S.I.)

Modifications etc. (not altering text)

C3S. 97C modified (E.) (with effect in relation to the period beginning with 1.4.2002 and ending with 30.9.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 2) Order 2002 (S.I. 2002/2478), art. 4

[F4497D Financial duties of Primary Care Trusts.E+W+S

(1)It is the duty of every Primary Care Trust, in respect of each financial year, to perform its functions so as to secure that the expenditure of the trust which is attributable to the performance by the trust of its functions in that year (not including expenditure within subsection (1)(a) of section 97C above) does not exceed the aggregate of—

(a)the amount allotted to it for that year under subsection (1)(b) of that section,

(b)any sums received by it in that year under any provision of this Act (other than sums received by it under that section F45. . . ), and

(c)any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

(2)The Secretary of State may give such directions to a Primary Care Trust as appear to be requisite to secure that the trust complies with the duty imposed on it by subsection (1) above.

(3)Directions under subsection (2) above may be specific in character.

(4)To the extent to which—

(a)any expenditure is defrayed by a Primary Care Trust as trustee or on behalf of a Primary Care Trust by special trustees, or

(b)any sums are received by a Primary Care Trust as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

(5)For the purposes of this section sums which, in the hands of a Primary Care Trust, cease to be trust funds and become applicable by the Primary Care Trust otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Primary Care Trust otherwise than as trustee.

(6)Of the sums received by a Primary Care Trust under section 96A above so much only as accrues to the Primary Care Trust after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

(7)Subject to subsection (4) above, the Secretary of State may by directions determine—

(a)whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Primary Care Trust,

(b)whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Primary Care Trust, or

(c)the extent to which, and the circumstances in which, sums received by a Primary Care Trust under section 97C above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Primary Care Trust and to which financial year’s expenditure they are to be attributed.

(8)In subsection (7) above, “specified” means of a description specified in the directions.]

Textual Amendments

F44s. 97D inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 3, 67; S.I. 1999/2342, art. 2(4), Sch. 3

[F4697E Resource limits for Primary Care Trusts.E+W+S

(1)It is the duty of every Primary Care Trust to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by [F47the Secretary of State] .

(2)For the purpose of subsection (1) above no account shall be taken of any use of resources for the purpose of a trust’s general Part II expenditure (within the meaning of paragraph 4 of Schedule 12A).

[F48(2A)But in specifying an amount for a Primary Care Trust under subsection (1) above (or in varying the amount under subsection (4) below), the Secretary of State may take into account (in whatever way he thinks appropriate)—

(a)any such use of resources; and

(b)the use of any resources which would have been for the purpose of the trust’s general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of such uses of resources as he thinks appropriate).]

(3)For the purpose of subsection (1) above the Secretary of State may give directions—

(a)specifying uses of resources which are to be, or not to be, taken into account;

(b)making provision for determining to which Primary Care Trust certain uses of resources are to be attributed;

(c)specifying descriptions of resources which are to be, or not to be, taken into account.

(4)Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

(5)Subsections (4) to (6) of section 97D above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(6)The provisions in section 97D(2) and (3) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1).

(7)In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

F46S. 97E inserted (22.12.2000 for E. for specified purposes, 1.4.2001 for other specified purposes and otherwise prosp.) by 2000 c. 20, ss. 13(1), 30; S.I. 2000/3349, arts. 2(c), 3(1)(a), 4 (with transitional provisions in art. 5)

Modifications etc. (not altering text)

C4S. 97E amended (W.) (prosp.) by 2000 c. 20, ss. 13(2), 30

[F4997F Public funding of Local Health BoardsE+W+S

(1)It is the duty of the National Assembly for Wales, in respect of each financial year, to pay to each Local Health Board—

(a)sums equal to their general Part 2 expenditure; and

(b)sums not exceeding the amount allotted by the National Assembly for Wales to the Local Health Board for that year towards meeting the Board’s main expenditure in that year.

(2)In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) above (or in varying the amount under subsection (7) below), the National Assembly for Wales may take into account, in whatever way the Assembly thinks appropriate—

(a)the Board’s general Part 2 expenditure; and

(b)expenditure which would have been the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of that expenditure as it thinks appropriate).

(3)Where the National Assembly for Wales has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Local Health Board under subsection (1)(b) above, the Assembly may increase the initial amount by a further sum if it appears to it that over a period notified to the Board—

(a)the Board satisfied any objectives notified to it as objectives to be met in performing its functions; or

(b)it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

(4)In subsection (3) above, “notified” means specified or referred to in a notice given to the Local Health Board by the National Assembly for Wales.

(5)In making any increase under subsection (3) above, the National Assembly for Wales may (whether by directions under subsection (8) below or otherwise) impose any conditions it thinks fit on the application or retention by the Local Health Board of the sum in question.

(6)Where the National Assembly for Wales has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Local Health Board and notified the Board of the allotment and it subsequently appears to the Assembly that the Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase, the Assembly may—

(a)reduce the allotment made to the Board for that year; or

(b)when the Assembly has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Board under subsection (1)(b) above, reduce the initial amount,

by any amount not exceeding that sum.

(7)An amount is allotted to a Local Health Board for a year under this section when the Board is notified by the National Assembly for Wales that the amount is allotted to the Board for that year; and the National Assembly for Wales may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made.

(8)The National Assembly for Wales may give directions to a Local Health Board with respect to—

(a)the application of sums paid to the Board under this section, or

(b)the payment of sums by the Board to the National Assembly for Wales in respect of charges or other sums referable to the valuation or disposal of assets.

(9)Sums falling to be paid to Local Health Boards under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the National Assembly for Wales may determine.

Textual Amendments

97G Financial duties of Local Health BoardsE+W+S

(1)It is the duty of every Local Health Board, in respect of each financial year, to perform its functions so as to secure that the expenditure of the Board which is attributable to the performance by the Board of its functions in that year (not including expenditure within subsection (1)(a) of section 97F above) does not exceed the aggregate of—

(a)the amount allotted to it for that year under subsection (1)(b) of that section;

(b)any sums received by it in that year under any provision of this Act (other than sums received by it under that section); and

(c)any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

(2)The National Assembly for Wales may give such directions to a Local Health Board as appear to be requisite to secure that the Board complies with the duty imposed on it by subsection (1) above.

(3)Directions under subsection (2) may be specific in character.

(4)To the extent to which—

(a)any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees; or

(b)any sums are received by a Local Health Board as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

(5)For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee.

(6)Of the sums received by a Local Health Board under section 96A above so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

(7)Subject to subsection (4) above, the National Assembly for Wales may by directions determine—

(a)whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Local Health Board;

(b)whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Local Health Board; or

(c)the extent to which, and the circumstances in which, sums received by a Local Health Board under section 97F above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year’s expenditure they are to be attributed.

(8)In subsection (7) above, “specified” means of a description specified in the directions.

Textual Amendments

97H Resource limits for Local Health BoardsE+W+S

(1)It is the duty of every Local Health Board to ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the National Assembly for Wales.

(2)For the purpose of subsection (1) above no account shall be taken of any use of resources for the purposes of a Board’s general Part 2 expenditure (within the meaning of paragraph 6A of Schedule 12A).

(3)But in specifying an amount for a Local Health Board under subsection (1) above (or in varying the amount under subsection (5) below), the National Assembly for Wales may take into account (in whatever way it thinks appropriate)—

(a)any such use of resources; and

(b)the use of any resources which would have been for the purpose of the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of such uses of resources as it thinks appropriate).

(4)For the purpose of subsection (1) above the National Assembly for Wales may give directions—

(a)specifying uses of resources which are to be, or not to be, taken into account;

(b)making provision for determining to which Local Health Board certain uses of resources are to be attributed;

(c)specifying descriptions of resources which are to be, or not to be, taken into account.

(5)Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

(6)Subsections (4) to (6) of section 97G above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(7)The provisions in section 97G(2) and (3) above about the giving of directions by the National Assembly for Wales shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1).

(8)In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

98 Accounts and audit.E+W+S

(1)Accounts, in such form as the Secretary of State may with the approval of the Treasury direct, shall be kept by—

[F50(za)every Strategic Health Authority;]

[F51(a)every Health Authority;

(b)every Special Health Authority;

[F52(bb)every Primary Care Trust]]

[F53(bbb)every Local Health Board;]

(c)every NHS trust;

(d)all special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) above;

[F54(dd)any trustees for an NHS trust appointed in pursuance of section 11 of the National Health Service and Community Care Act 1990]

[F55(ddd)any trustees for a Primary Care Trust appointed in pursuance of section 96B above; and]

(e)the Dental Estimates Board

Those accounts shall be audited by auditors [F56appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller] and Auditor General may examine all such accounts and any records relating to them, and any report of the auditor on them.

(2)Every such body shall prepare and transmit to the Secretary of State in respect of each financial year annual accounts in such form as the Secretary of State may with the approval of the Treasury direct.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

[F58(2AA)Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the [F59Strategic Health Authority] within whose area the trust’s area falls.]

[F60(2A)The accounts prepared and transmitted by a [F61Health Authority] in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

(a)the Council is established for the [F62Health Authority’s area]; or

(b)the [F63Health Authority is prescribed for the purposes of this subsection] in relation to the Council.]

[F64X1(2B)in preparing its annual accounts in pursuance of subsection (2) above, and NHS trust shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the methods and principles according to which the accounts are to be prepared; and

(b)the information to be given in the accounts.]

[[F65F66X1(2B)So far as relates to allotted sums paid [F67under section 15 of the M1National Health Service and Community Care Act 1990] to the members of a fund-holding practice—

(a)accounts shall be kept in such form as the Secretary of State may with the approval of the Treasury direct;

(b)the Comptroller and Auditor General may examine the accounts and records relating to them and any report of the auditor on them;

(c)in respect of each financial year, annual accounts in such form as the Secretary of State may with the approval of the Treasury direct shall be prepared and submitted to the relevant [F68Health Authority]; and

(d)in respect of each financial year, each [F68Health Authority] shall prepare in such form as the Secretary of State may with the approval of the Treasury direct, and include in its own accounts, a summarised version of the accounts submitted to [F69the Health Authority] under paragraph (c) above.]]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(4)The Secretary of State shall prepare in respect of each financial year—

(a)in such form as the Treasury may direct, summarised accounts of [F71the bodies mentioned in subsection (1) above, other than the Dental Estimates Board]

(b)in such form and containing such information as the Treasury may direct, a statment of the accounts of the Dental Estimates Board;

and shall transmit them on or before 30th November in each year to the Comptroller and Auditor General, who shall examine and certify them, and lay copies of them together with his report on them before both Houses of Parliament.

F72(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1S.98(2B): this is one of two provisions of this number inserted by different authorities in the same Act

Textual Amendments

F51S. 98(1)(a)-(c) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(a) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F52S. 98(1)(bb) inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 33(a); S.I. 1999/2342, art. 2(4), Sch. 3

F55S. 98(1)(ddd) inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 33(b); S.I. 1999/2342, art. 2(4), Sch. 3

F58S. 98(2AA) inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 33(c); S.I. 1999/2342, art. 2(4), Sch. 3

F61Words in s. 98(2A) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(b)(i) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1)

F62Words in s. 98(2A)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(b)(ii) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F63Words in s. 98(2A)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(b)(iii) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F66S. 98(2B) repealed (1.10.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1

F67Words in s. 98(2B) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(c)(i) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F68Words in s. 98(2B)(c)(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(c)(ii) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F69Words in s. 98(2B)(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 50(c)(iii) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

F72S. 98(5) repealed (1.4.1996) by 1995 c. 17, ss. 5(1)(2), Sch. 3 (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

Modifications etc. (not altering text)

C5S. 98 extended (1.4.1999) by S.I. 1999/804, art. 7

S. 98 extended (1.4.1999) by S.I. 1999/807, art. 5(1)

C6S. 98(1) applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 13(4) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

C7S. 98(2B) continued (W.) (1.4.2000) by S.I. 2000/999, art. 9(3)

C8S. 98(2B)(c) modified (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 13(5) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

S. 98(2B)(c) modified (W.) (1.4.2000) by S.I. 2000/999, art. 9(1)(2)

C9S. 98(4): Power to exclude conferred (1.4.2001) by 2000 c. 20, s. 14(1); S.I. 2000/3349, art. 3(1)(b) (with transitional provisions in art. 5)

C10S. 98(4) modified (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 13(6) (with Sch. 2 para. 6) (with transitional provisions in S.I. 1996/709, art. 5(1))

Marginal Citations

99 Regulation of financial arrangements.E+W+S

(1)The Secretary of State may by regulations provide, in the case of all or any of the following bodies—

[F73(za)Strategic Health Authorities,]

[F74(a)Health Authorities,

(b)Special Health Authorities,]

[F75(ba)Primary Care Trusts]

[F76(bb)Local Health Boards;]

(e)Community Health Councils, and

(f)the Dental Estimates Board,

for restricting the making of payments by or on behalf of the body otherwise than on such authorisation and subject to such conditions as may be specified in the regulations.

(2)Such provision may be made subject to such exceptions as may be so specified, and those regulations may contain such other provisions as to the making and carrying out by all or any of those bodies of such arrangements with respect to financial matters as the Secretary of State thinks necessary for the purpose of securing that the affairs of such bodies are conducted, so far as reasonably practicable, in such manner as to prevent financial loss and to ensure and maintain efficiency.

(3)The Secretary of State may give directions to any of those bodies as to any matter with respect to which those regulations may be made; and those directions may be specific in character and shall be—

(a)such as appear to him requisite to secure that the affairs of the body are conducted in such a manner as is mentioned in subsection (2) above,

(b)without prejudice to the operation of any such regulation,

F77. . ..

Textual Amendments

F74S. 99(1)(a)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by s. 99(1)(a)-(d) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 51 (with Sch. 2 para. 6)

F75S. 99(ba) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 34; S.I. 1999/ 2342, art. 2(3), Sch. 2

F77Words in s. 99(3) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 34(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and is repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

100 Other Payments.E+W+S

(1)There shall be paid out of moneys provided by Parliament such expenses incurred by—

F78(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any standing advisory committee constituted under section 6 above,

(c)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Tribunal constituted under section 46 above, and

[F80(dd)the FHSAA,]

(e)the Dental Estimates Board,

as may be determined by the Secretary of State with the approval of the Treasury.

(2)Payments made under this section shall be . . . F81 made at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, or otherwise as the Secretary of State may with the approval of the Treasury determine.

Textual Amendments

F80S. 100(1)(dd) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(10)(b) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4, Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II

Modifications etc. (not altering text)

101 Secretary of State’s receipts.E+W+S

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund, . . . F82

Textual Amendments

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