National Health Service (Amendment) Act 1986
| Jurisdiction | UK Non-devolved |
| Citation | 1986 c. 66 |
a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; andpremises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.provide who is to be treated as the occupier or owner of any such premises for any of those purposes; andmake such modifications of the food legislation, in its application to health authorities, as appear to the F3Ministers to be necessary for its effective operation in relation to them.(3) The powers to make regulations conferred by subsection (2) above shall be exercisable by statutory instrument.(4) A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (a) of that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.(5) A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (b) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.(6) Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the food legislation.as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; andas respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984.(8) This section shall have no effect in relation to anything done or omitted before its commencement.a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; andpremises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.(2) In this section—
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“health authority”—
- (a) as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and
- (b) as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984; and
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“the health and safety legislation” means—
- (a) the Health and Safety at Work etc. Act 1974 and the regulations, orders and other instruments in force under it; and
- (b) the enactments specified in the third column of Schedule 1 to that Act and the regulations, orders and other instruments in force under those enactments.
- “(2) Regulations shall provide for securing that arrangements made by a Health Board under subsection (1) will enable persons in the Board’s area for whom drugs, medicines or appliances mentioned in that subsection are ordered as there mentioned to receive them from persons with whom such arrangements have been made.
- (3) The regulations shall include provision—
- (a) for the preparation and publication by a Health Board of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Board’s area;
- (b) that an application to a Health Board for inclusion in such a list shall be made in the prescribed manner and shall state—
- (i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and
- (ii) the premises from which he will undertake to provide those services;
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