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Health Services Act 1976

Consolidated Text As Enacted Cited authorities 44 Cited in Amendments 14 Related
Vincent
JurisdictionUK Non-devolved
Citation1976 c. 83
Year1976
he is authorised in writing by F8the Secretary of State to do so and the works are in accordance with the terms of the authorisation; orthe works are executed in accordance with planning permission in force in pursuance of the the carrying out of surgical procedures under general anaesthesia;obstetrics;radiotherapy;haemodialysis or peritoneal dialysis;pathology or diagnostic radiology;
  • “relevant hospital premises” means hospital premises occupied otherwise than by or on behalf of the Crown or for the purposes of a visiting force.
  • F10“controlled premises” means hospital premises which provide or will provide beds for the use of patients, being hospital premises—
    • (a) in the case of which the number of beds which are or will be so provided is one hundred and twenty or more; or
    • (b) which are or are to be situated in an area designated by the Secretary of State under subsection (2A) below;
  • “controlled extension” , in relation to any controlled premises, means works designed—
to extend, adapt or be used in conjunction with the controlled premises; orto extend or adapt works used in conjunction with the controlled premises.may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient; andshall have effect for such period not exceeding five years as may be prescribed.an authorisation for the execution of those works has been granted; ora contract for the execution of those works has been entered into.(2C) The Secretary of State shall not exercise the power conferred by subsection (2A) above unless, having regard to the matters mentioned in subsection (3) (a) of section 13 below, he considers that the execution of works which, if the power were exercised, would be controlled works would be likely to interfere as mentioned in paragraph (a) or operate as mentioned in paragraph (b) of subsection (2) of that section.does not apply in the case of works that are to be executed by or on behalf of the Crown or for the purposes of a visiting force; butin the case of works that are to be executed otherwise than as aforesaid, shall apply notwithstanding any interest of the Crown in the land on which, or in any premises in connection with which, the works are to be executed.the premises are situated elsewhere than in an area designated by the Secretary of State under subsection (2A) above; andthe premises were constructed as controlled premises, or were converted into controlled premises, whether before or after the coming into force of this Part of this Act; andwhere the works will enable additional beds to be provided, the aggregate number of additional beds which will then have been provided at the premises since the beginning of the current three year period (or, if later, the time when the premises were constructed or converted) will not exceed the permitted number.(5) In subsection (4) above—
  • “permitted number” , in relation to a three year period, means one fifth of the number of beds provided at the premises in question at the beginning of that period or, if later, the time when the premises were constructed or converted;
  • “three year period” means the period of three years beginning with the passing of the Health Services Act 1980 and each successive period of three years.
(1) Every application for an authorisation shall be made to F13the Secretary of Statewould to a significant extent interfere with the performance by the Secretary of State of any duty imposed on him by F15the principal Act to provide accommodation or services of any kind; or

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