National Health Service Act 2006

81Conditions of supply under section 80

(1)The Secretary of State must, before he makes available the services of any officer under subsection (3)(b) of section 80, or subsection (6)(b) or (c) of that section—

(a)consult the officer or a body recognised by the Secretary of State as representing the officer, or

(b)satisfy himself that the body who employs the officer has consulted the officer about the matter.

(2)The Secretary of State may disregard the provisions of subsection (1) in a case where he—

(a)considers it necessary to make the services of an officer available for the purpose of dealing temporarily with an emergency, and

(b)has previously consulted a body such as is mentioned in subsection (1)(b) about making services available in an emergency.

(3)The Secretary of State may, for the purposes of subsection (3)(b) of section 80, or subsection (6)(b) or (c) of that section, give such directions to Strategic Health Authorities, Primary Care Trusts, Special Health Authorities and Local Health Boards to make the services of their officers available as he considers appropriate.

(4)Powers under this section and section 80 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State.

(5)The Secretary of State may make such charges in respect of services or facilities provided under section 80(6) as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(6)Any power to supply goods or materials under section 80 includes—

(a)a power to purchase and store them, and

(b)a power to arrange with third parties for the supply of goods or materials by those third parties.