The Greater Manchester Combined Authority (Public Health Functions) Order 2017

Application of section 75 of the NHS Act 2006

6.—(1) Save as provided by section 75(7A) to (7D)(1), section 75 of the NHS Act 2006 (arrangements between NHS bodies and local authorities) and regulations made under that section before the coming into force of this Order apply to the GMCA in the exercise of its relevant functions as those provisions apply to the constituent councils.

(2) But where the GMCA enters into prescribed arrangements by virtue of section 75(7C) and (7D) of the NHS Act 2006, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its relevant functions, unless, and to the extent that, it is permitted to do so by regulations made under subsection (1) of that section.

(3) In paragraph (2),

(a) “NHS body” is to be construed in accordance with sections 75(8) and 275 of the NHS Act 2006(2);

(b) “prescribed arrangements” is to be construed in accordance with section 75 of the NHS Act 2006.

(1)

Section 75(7A) to (7D) were inserted by section 19 of, and paragraphs 1 and 6 of Schedule 4 to, the Cities and Local Government Devolution Act 2016.

(2)

The definition of “NHS body” in section 275 of the National Health Service Act 2006 was inserted by section 55(1) of, and paragraph 138 to, the 2012 Act.