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Version Superseded: 28/06/1995
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(1)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.
[F1(1A)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with a Regional Health Authority, Area Health Authority [F2District Health Authority] or special health authority [F3or NHS trust]—
(a)for the placing at the disposal of the Regional [F4Area or District] Health Authority or special health authority [F3or NHS trust] for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority;
(b)for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the Regional [F4Area or District] Health Authority or the special health authority [F3or NHS trust];
but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.]
(2)For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.
[F5(3)An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities’ functions.]
[F6(4)In subsection (1A) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.]
Textual Amendments
F2Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 Pt. 1 para. 22
F3Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 13(a)
F4Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 Pt. 1 para. 22
F6S. 113(4) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 13(b)
Modifications etc. (not altering text)
C1S. 113 extended by City of London (Various Powers) Act 1977 (c. xv), s. 19
C2S. 113 amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(b)
C3S. 113 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch.2
S. 113: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
C4S. 113 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
S. 113: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch.2
S. 113 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 113: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)
S. 113 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)
C5S. 113(1) restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1(2)(a)
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