Health Services Act 1976

13 Authorisations to construct or extend controlled premises. E+W+S

(1) Every application for an authorisation shall be made to [F1 the Secretary of State]

(2) On receiving an application for an authorisation [F2 the Secretary of State] shall consider whether, having regard to the matters mentioned in subsection (3) below, the execution of the works in question—

(a) would to a significant extent interfere with the performance by the Secretary of State of any duty imposed on him by [F3 the principal Act] to provide accommodation or services of any kind; or

(b) would to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to any accommodation or services provided by the Secretary of State under [F3 that Act] (whether as resident or non-resident patients) otherwise than as private patients,

and shall grant the authorisation unless, having regard to those matters, [F4 he] is satisfied that the executed of the works would do either or both of the things mentioned in paragraphs (a) and (b) above.

[F5 (3) The matters referred to in subsection (2) above are—

(a) how much accommodation and what facilities are or will be provided at, and what are or will be the staffing requirements of, relevant hospital premises in the area or areas served by the health service hospital or hospitals concerned;

(b) how much accommodation or additional accommodation the works would provide;

(c) what facilities or additional facilities the works would enable to be provided; and

(d) what staffing requirements or additional staffing requirements the works would give rise to.]

(4) An authorisation may contain such terms as [F2 the Secretary of State] thinks appropriate, including in particular, without prejudice to the generality of the preceding provisions of this subsection, terms as to [F6 the use of the premises] the duration of the authorisation and the place at which or area within which the works may be executed; and [F2 the Secretary of State] may, with the consent of the person to whom an authorisation was issued, alter any of its terms at any time.

Textual Amendments

F1 Words substituted by Health Services Act 1980 (c. 53), Sch. 2 para. 2(a)

F2 Words substituted by Health Services Act 1980 (c. 53), Sch. 2 para. 1

F3 Words substituted by Health Services Act 1980 (c. 53), Sch. 3 para. 2(1)

F4 Word substituted by Health Services Act 1980 (c. 53), Sch. 2 para. 2(b)

F5 S. 13(3) substituted by Health Services Act 1980 (c. 53), Sch. 3 para. 2(2)

F6 Words inserted by Health Services Act 1980 (c. 53), Sch. 3 para. 2(3)