National Health Service Act 1977

[F1 Part III E+W+S Powers and Duties

Textual Amendments

F1 Sch. 5A inserted (8.9.1999, 4.1.2000 and 1.4.2000 for specified purposes for E., and otherwise prosp.) by 1999 c. 8, s. 2(2), Sch. 1; S.I. 1999/2342, art. 2(2)(b)(3)(a)(4)(a), Schs. 1, 2, 3

General powers E+W+S

12 (1) A Primary Care Trust may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its functions. E+W+S

(2) That includes, in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(c) accepting gifts of money, land and other property, including money, land or other property held on trust, either for the general or any specific purposes of the Primary Care Trust or for all or any purposes relating to the health service.

13 (1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Primary Care Trust of any function exercisable by it by virtue of section 16B or 17A above are enforceable by or (as the case may be) against that trust (and no other health service body). E+W+S

(2) This paragraph does not apply in relation to the joint exercise of any functions by a Primary Care Trust with another body under section 16B(2)(c) above.

Specific powers E+W+S

14 (1) A Primary Care Trust may conduct, commission or assist the conduct of research. E+W+S

(2) A trust may, in particular, make officers available or provide facilities under sub-paragraph (1) above.

15 E+W+S A Primary Care Trust may—

(a) make officers available in connection with any instruction provided under section 63 of the M1 Health Services and Public Health Act 1968,

(b) make officers and facilities available in connection with training by a university or any other body providing training in connection with the health service.

Marginal Citations

M1 1968 c.46.

Specific duties E+W+S

16 (1) As soon as is practicable after the end of each financial year every Primary Care Trust shall prepare a report on the trust’s activities during that year and shall send a copy of the report to the Health Authority within whose area the trust’s area falls and to the Secretary of State.

(2) The report shall give details of the measures the trust has taken to promote economy, efficiency and effectiveness in using its resources for the exercise of its functions.

(3) A Primary Care Trust shall prepare and send such other reports, and supply such information, to the Health Authority within whose area the trust’s area falls or to the Secretary of State as they or, as the case may be, he require.

17 E+W+S Provision must be made by regulations requiring Primary Care Trusts to publicise—

(a) the trust’s audited accounts,

(b) the trust’s annual reports prepared under paragraph 16 above,

(c) any report on the trust’s accounts made pursuant to section 8 of the M2 Audit Commission Act 1998 (report of auditor on matter of public interest), and

(d) any other document as may be prescribed,

by taking such steps as may be specified in the regulations.

Marginal Citations

M2 1998 c.18.

Status E+W+S

18 E+W+S A Primary Care Trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and a Primary Care Trust’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Compulsory acquisition E+W+S

19 (1) A Primary Care Trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order made by the trust and confirmed by the Secretary of State. E+W+S

(2) The M3 Acquisition of Land Act 1981 applies to the compulsory purchase of land under this paragraph.

(3) No order is to be made by a Primary Care Trust under Part II of the Acquisition of Land Act 1981 in respect of any land unless the proposal to acquire the land compulsorily—

(a) has been submitted to the Secretary of State in the form, and with the information, required by him, and

(b) has been approved by him.

Marginal Citations

M3 1981 c.67.

Dissolution] E+W+S

20 (1) The Secretary of State may, if a Primary Care Trust is dissolved, by order transfer (or provide for the transfer) to himself or to a Health Authority, a Special Health Authority, an NHS trust or another Primary Care Trust any property, rights or liabilities of the dissolved trust.

(2) If any consultation requirements apply, they must be complied with before the order is made.

(3) In this paragraph, “consultation requirements” means requirements about consultation contained in regulations.