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The Primary Care Trusts (Functions) (England) Regulations 2000

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Restriction on the exercise of functions by Primary Care Trusts

6.—(1) The exercise by a Primary Care Trust of the functions specified in regulations 3(2) or 5 is subject to such limitations as the Secretary of State may direct, and must be in accordance with any directions which are given by the Secretary of State or, subject to any such directions by the appropriate Health Authority.

(2) The power under section 2 of the Act (Secretary of State’s general power as to services) is to be exercisable by a Primary Care Trust only to such extent as is necessary for the proper exercise of one or more of its other functions.

(3) Where, in the exercise of functions specified in regulation 3(2)(a), arrangements are made by a Primary Care Trust with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services in that trust’s area shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.

(4) Except where the Secretary of State otherwise directs, a Primary Care Trust must not exercise the functions of the Secretary of State under section 51(1) of the Act in so far as those functions are concerned with securing the availability of facilities for clinical teaching.

(5) A Primary Care Trust must not exercise the power under section 18A(2) of the Act (provision of goods and services under NHS contracts)(1) so as to arrange for the provision by the trust to another health service body of goods or services which are of the same description as those which the trust has the power to provide only by reason of section 18A(4) (provision of accommodation and services to private patients) and (5) (provision of goods, services etc. for purpose of making more income available for improving the health service).

(1)

Section 18A was inserted by section 5 of the 1999 Act.

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