Statutory Instrument 1989 No. 1611

The Special Hospitals Service Authority (Functions and Membership) Amendment Regulations 1989

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© Crown Copyright 1989

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1989 No. 1611

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Special Hospitals Service Authority (Functions and Membership) Amendment Regulations 1989

The Secretary of State for Health in exercise of powers conferred by sections 13, 18(1) and 128(1) of the National Health Service Act 1977^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement ansd interpretation
    1.—(1)  These Regulations may be cited as the Special Hospitals Service Authority (Functions and Membership) Amendment Regulations 1989 and shall come into force on 1st October 1989.

    (2)  In these Regulations, unless the context otherwise requires—"the Act" means the National Health Service Act 1977;"the principal Regulations" means the Special Hospitals Service Authority (Functions and Membership) Regulations 1989^[2] .

Amendment of the principal Regulations
    2.—(1)  In the principal Regulations, for regulation 2 (functions of the Special Hospitals Service Authority) there shall be substituted the following regulation:—

"Functions of the Authority
    2.—(1)  Subject to paragraphs (2) and (3) of this regulation and in accordance with such directions as the Secretary of State may give under the Act, the Authority shall exercise on his behalf—
(a) the Secretary of State's functions under section 1 of the Act so far as they consist of a duty to provide and maintain special hospitals as mentioned in section 4 of that Act;

(b) the Secretary of State's functions under the provisions of the Act specified in column 1 of the Schedule to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) so far as they relate to the special hospitals, including functions under regulations made under any of those provisions;

(c) the Secretary of State's functions under the Mental Health Act 1983^[3] as manager of the special hospitals by virtue of section 145(1) of that Act.


    (2)  Nothing in these Regulations—
(a) 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; or

(b) enables the Authority to exercise the Secretary of State's functions under section 87(1) of the Act with respect to the compulsory acquisition of land.


    (3)  The Secretary of State's powers under section 2 of the Act are exercisable by the Authority only to such extent as is necessary for the proper exercise of one or more other functions which the Secretary of State has directed the Authority to exercise on his behalf.

    (4)  The exercise of the Secretary of State's function under section 3(1)(c) of the Act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise."




    (2)  To the principal Regulations, there shall be added at the end the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Health

Roger Freeman

Parliamentary Under-Secretary of State
Department of Health

3rd September 1989

[1] 1977 c. 49; in section 128(1) see the definition of "regulations" . back

[2] S.I. 1989/949. back

[3] 1983 c. 20. back

Explanatory Note