National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/51 |
| Year | 1989 |
1989No. 51
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service Functions (Directions to
Authorities and Administration Arrangements) Regulations
1989
15thJanuary1989
24thJanuary1989
14thFebruary1989
The Secretary of State for Health, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of powers conferred by sections 13, 14(2), 15(1)(b), 16(1), 17(1) and 18 of the National Health Service Act 1977 ( a) and of all other powers enabling them in that behalf, hereby make the following Regulations:-
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989 and shall come into force on 14th February 1989.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"the Act" means the National Health Service Act 1977;
"Committee" means a Family Practitioner Committee;
"District Authority" means a District Health Authority;
"Regional Authority" means a Regional Health Authority;
"relevant Regional Authority" in relation to any District Authority means the Regional Authority of which the region includes the district of that District Authority;
"Scheduled functions" means the functions referred to in regulation 3.
(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
(a) 1977 c.49; see section 128(1) for the definition of "prescribed" and "regulations". Sections 13, 14 and 16 were amended by paragraphs 33, 34 and 36 respectively of Schedule 1 to the Health Services Act 1980 (c.53) ( "the 1980 Act"); section 15 was amended by section 5(2) of, and by Part I of Schedule 8 to, the Health and Social Security Act 1984 (c.48) ( "the 1984 Act"); section 17 was substituted by paragraph 2 of Schedule 3 to the 1984 Act; section 18 was amended by paragraph 38 of Schedule 1 to the 1980 Act and modified by S.I. 1985/39, article 7(2).
PART II
DIRECTIONS TO REGIONAL AUTHORITIES
Functions exercisable by Regional Authorities
3. Subject to the provisions of regulation 4, a Regional Authority as respects its region and anywhere outside its region as the Secretary of State may direct shall exercise on behalf of the Secretary of State his functions relating to the health service ( a) under the enactments specified in column 1 of Schedule 1 to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) including functions under any regulations made under any of those enactments.
Restriction on the exercise of functions by Regional Authorities
4.-(1) The exercise by a Regional Authority of Scheduled functions is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.
(2) Nothing in these Regulations is to be taken as giving directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.
(3) Nothing in these Regulations enables a Regional Authority to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to-
(a) the compulsory acquisition of land; or(b) land or other property in the circumstances referred to in regulation 11(3)(a)or to give directions to a District Authority which would empower a District Authority to exercise those functions.
(4) The power of the Secretary of State under Section 2 of the Act is exercisable by a Regional Authority only to such extent as is necessary for the proper exercise, in relation to its region or anywhere outside its region as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.
(5) Where, in the exercise of Scheduled functions, arrangements are made with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
(6) Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 ( b) as...
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