National Health Service Act 1977

45 Functions of local representative committees. E+W+S

[F1 (1) Regulations may require Health Authorities—

(a) in the exercise of their functions under this Part of this Act to consult committees recognised by them under section 44 above,

(b) in the exercise of any of their functions which relate to arrangements under section 28C above to consult committees recognised by them under section 44(A1)(c) or (B1)(c) above,

on such occasions and to such extent as may be prescribed.

(1A) The power conferred by subsection (1) above is without prejudice to any other power to require a Health Authority to consult any committee recognised under section 44 above.

(1B) Committees recognised under section 44 above shall exercise such other functions as may be prescribed.

(1C) A committee recognised for an area under subsection (A1)(b) or (c) or (B1)(b) or (c) of section 44 above shall, in respect of each year, determine the amount of its administrative expenses for that year attributable —

(a) in the case of a committee recognised under subsection (A1)(b) or (c)(ii) of that section, to the deputy medical practitioners for the area;

(b) in the case of a committee recognised under subsection (A1)(c) of that section, to the section 28C medical practitioners for the area;

(c) in the case of a committee recognised under subsection (B1)(b) or (c)(ii) of that section, to the deputy dental practitioners for the area;

(d) in the case of a committee recognised under subsection (B1)(c) of that section, to the section 28C dental practitioners for the area.]

(2) The [F2 Health Authority] may, on the request of any committee recognised under section 44 for their [F2 area], allot to that committee such sums for defraying the committee’s administrative expenses [F3 (including travelling and subsistence allowances payable to its members)] as may be determined by the [F2 Health Authority] . . . F4

(3) Any sums so allotted shall be out of the moneys available to the [F2 Health Authority] for the remuneration of persons of whom the committee so recognised is representative and who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services, as the case may be, under this Part of this Act.

The amount of any such sums shall be deducted from the remuneration of those persons in such manner as may be determined by the [F2 Health Authority] . . . F4

[F5 (4) Where a committee has made a determination under subsection (1C) above, it shall apportion the amount so determined among the deputy medical practitioners, section 28C medical practitioners, deputy dental practitioners or section 28C dental practitioners, as the case may be, for the area and each such practitioner shall pay in accordance with the committee’s directions the amount so apportioned to him.

(5) References in this section to administrative expenses of a committee include references to travelling and subsistence allowances payable to its members; but the reference in subsection (2) above to a committee’s administrative expenses does not include so much of the committee’s administrative expenses as are determined under subsection (1C) above to be attributable to any practitioners mentioned in that subsection.]

Textual Amendments

F1 S. 45(1)-(1C) substituted (1.9.1999 for E. for specified purposes and 1.4.2000 for specified purposes and otherwise prosp.) for s. 45(1) by 1999 c. 8, ss. 11(6), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; 2000/1026, art. 2(1), Sch.

F2 Words in s. 45 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 33 (with Sch. 2 paras. 6, 16)

F3 Words in s. 45 omitted (1.9.1999 for E. for specified purposes and 1.4.2000 for specified purposes and otherwise prosp.) by virtue of 1999 c. 8, ss. 11(7), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; 2000/1026, art. 2(1), Sch. and repealed (1.4.2000 for E.W.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 2000/1041, art. 2(c)(d), Sch.

F4 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5(4), 24, Sch. 3 para. 7(b)(ii), Sch. 8 Pt. I

F5 S. 45(4)(5) inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 11(8), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; 2000/1026, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 45(1): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2