National Health Service and Community Care Act 1990

Publication Date:January 01, 1990
 
FREE EXCERPT


National Health Service and Community Care Act 1990

1990 CHAPTER 19

An Act to make further provision about health authorities and other bodies constituted in accordance with the National Health Service Act 1977; to provide for the establishment of National Health Service trusts; to make further provision about the financing of the practices of medical practitioners; to amend Part VII of the Local Government (Scotland) Act 1973 and Part III of the Local Government Finance Act 1982; to amend the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978; to amend Part VIII of the Mental Health (Scotland) Act 1984; to make further provision concerning the provision of accommodation and other welfare services by local authorities and the powers of the Secretary of State as respects the social services functions of such authorities; to make provision for and in connection with the establishment of a Clinical Standards Advisory Group; to repeal the Health Services Act 1976; and for connected purposes.

[29th June 1990]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I The National Health Service: England and Wales

Part I

The National Health Service: England and Wales

Local management

Local management

S-1 Regional and District Health Authorities.

1 Regional and District Health Authorities.

(1) In the National Health Service Act 1977 (in this Part of this Act referred to as ‘the principal Act’), in section 8 (Regional and District Health Authorities etc.)—

(a) in subsection (1) for the words ‘Schedule 5 to this Act’ there shall be substituted ‘Schedule 1 to the National Health Service and Community Care Act 1990’

(b) any reference to an area or an Area Health Authority shall be omitted; and

(c) subsection (5) (consultation before making orders under subsection (2)) shall be omitted.

(2) Part I of Schedule 1 to this Act shall have effect in place of Part I of Schedule 5 to the principal Act (membership of health authorities etc.).

(3) Part III of Schedule 5 to the principal Act (supplementary provisions as to authorities) shall be amended in accordance with Part III of Schedule 1 to this Act.

(4) Subject to subsection (5) below, at the end of the day appointed for the coming into force of this subsection,—

(a) any person who became a member of a Regional or District Health Authority under Part I of Schedule 5 to the principal Act shall cease to be such a member and

(b) any person who, by virtue of an order under section 11 of the principal Act, became a member of a special health authority which is a relevant authority for the purposes of paragraph 9(1) of Schedule 5 to that Act (as amended by Part III of Schedule 1 to this Act) shall cease to be such a member.

(5) Subsection (4) above does not apply to a person holding office as chairman of a Regional, District or Special Health Authority.

S-2 Family Health Services Authorities.

2 Family Health Services Authorities.

(1) On and after the day appointed for the coming into force of this subsection—

(a) each existing Family Practitioner Committee shall be known as a Family Health Services Authority; and

(b) any reference in any enactment to a Family Practitioner Committee shall be construed as a reference to a Family Health Services Authority

and the generality of this subsection is not affected by any express amendment made by this Act.

(2) In subsection (1) above ‘enactment’ means—

(a) an enactment passed before the day appointed for the coming into force of subsection (1) above; and

(b) an enactment comprised in subordinate legislation made before that day.

(3) In section 10 of the principal Act (Family Health Services Authorities)—

(a) for the words ‘Schedule 5 to this Act’ there shall be substituted ‘Schedule 1 to the National Health Service and Community Care Act 1990’; and

(b) subsection (7) (consultation before making orders under subsection (4)) shall be omitted.

(4) Part II of Schedule 1 to this Act shall have effect in place of Part II of Schedule 5 to the principal Act (membership of Family Practitioner Committees).

(5) At the end of the day appointed for the coming into force of this subsection, any person who became a member of a Family Practitioner Committee under Part II of Schedule 5 to the principal Act (including a person holding office as chairman of such a committee) shall cease to be a member and, accordingly, in the case of a chairman, shall also cease to be chairman.

(6) Nothing in this section shall cause a Family Health Services Authority to be included in the expression ‘health authority’, as defined in the principal Act.

S-3 Primary and other functions of health authoritiesetc. and exercise of functions.

3 Primary and other functions of health authoritiesetc. and exercise of functions.

(1) Any reference in this Act to the primary functions of a Regional, District or Special Health Authority is a reference to those functions for the time being exercisable by the authority by virtue of directions under section 11, section 13 or section 14 of the principal Act; and any reference in this Act to the primary functions of a Family Health Services Authority is a reference to the functions for the time being exercisable by the authority by virtue of this Act or section 15 of the principal Act.

(2) In addition to carrying out its primary functions, a Regional, District or Special Health Authority or a Family Health Services Authority may, as the provider, enter into an NHS contract (as defined in section 4 below) under which the goods or services to be provided are of the same description as goods or services which the authority already provides or could provide for the purposes of carrying out its primary functions.

(3) In section 16 of the principal Act (exercise of functions) in subsection (1) for the words from ‘an Area’, in the first place where they occur, to ‘Health Authority’ in the second place where those words occur, there shall be substituted ‘a Regional or District Health Authority, or exercisable by a Regional or District Health Authority by virtue of any prescribed provision of this or any other Act, or exercisable by a Family Health Services Authority under Part I of the National Health Service and Community Care Act 1990’.

(4) In section 17 of the principal Act (directions as to exercise of functions), in subsection (1) after the words ‘sections 13 to 16 above’ there shall be inserted ‘and may also give directions with respect to the exercise by health authorities or Family Health Services Authorities of functions under the National Health Service and Community Care Act 1990’.

(5) Nothing in this section or in the principal Act affects the power of a Regional, District or Special Health Authority at any time to provide goods or services under the principal Act for the benefit of an individual where—

(a) the provision of those goods or services is neither within the primary functions of the authority nor carried out pursuant to an NHS contract; but

(b) the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision.

(6) In any case where—

(a) a Regional, District or Special Health Authority provides goods or services for the benefit of an individual as mentioned in subsection (5) above, and

(b) the provision of those goods or services is within the primary functions of another health authority or is a function of a health board

the authority providing the goods or services shall be remunerated in respect of that provision by that other health authority or health board.

(7) The rate of any remuneration payable by virtue of subsection (6) above shall be calculated in such manner or on such basis as may be determined by the Secretary of State.

(8) In any case where—

(a) a Regional, District or Special Health Authority provides goods or services for the benefit of an individual, and

(b) the provision of those goods or services is not pursuant to an NHS contract, and

(c) the individual is resident outside the United Kingdom and is of a...

To continue reading

REQUEST YOUR TRIAL