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National Health Service and Community Care Act 1990

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Changes over time for: Section 12

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Version Superseded: 01/10/2002

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Point in time view as at 31/10/1999. This version of this provision has been superseded. Help about Status

Changes to legislation:

National Health Service and Community Care Act 1990, Section 12 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

12 Functions of Family Health Services Authorities.E+W

(1)In section 15 of the principal Act (duty of Family Health Services Authority)—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (b) of that subsection, after the words “perform such” there shall be inserted “management and”; and

(c)at the end of that subsection there shall be inserted the following subsections—

(1A)In relation to a Family Health Services Authority for a locality in England, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Regional Health Authority is a reference to that Authority in whose region lies the whole or the greater part of the Authority’s locality.

(1B)In relation to a medical practitioner, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Family Health Services Authority shall be construed as follows,—

(a)if he practices in partnership with other medical practitioners, the relevant Authority is that Authority on whose medical list the members of the practice are included and, if some are included on one Authority’s medical list and some on another’s or if any of the members is included in the medical lists of two or more Authorities, the relevant Authority is that Authority in whose locality resides the largest number of individuals who are on the lists of patients of the members of the practice; and

(b)in any other case, the relevant Authority is that Authority on whose medical list he is included and, if there is more than one, that one of them in whose locality resides the largest number of individuals who are on his list of patients.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 42 of the principal Act (regulations as to pharmaceutical services), in subsection (3)—

(a)in paragraph (d) for the words following “approved by” there shall be substituted “reference to prescribed criteria by the Family Health Services Authority in whose locality those premises are situated; and”; F1. . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 44 of the principal Act (recognition by Secretary of State of certain local committees), in subsection (1)—

(a)for the words from “the Secretary of State” to “is representative” there shall be substituted “a Family Health Services Authority is satisfied that a committee formed for its locality is representative”; F1. . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in subsection (2) of that section, for the words “Secretary of State’s approval” there shall be substituted “approval of the Family Health Services Authority”.

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 12: subsections (1)(a), (2), in each of subsections (3) and (4) para. (b) and the word "and" immediately preceding it, and subsection (5) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

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