National Health Service Act 1977

[F1 97 Means of meeting expenditure of health authorities out of public funds. E+W+S

(1) It is the Secretary of State’s duty to pay in respect of each financial year—

(a) to each Regional Health Authority or, in Wales, to each Area Health Authority and each District Health Authority sums not exceeding the amount allotted . . . F2 by him to the Authority for that year towards meeting the expenditure attributable to the performance by the Authority of their functions in that year [F3 including, in the case of a Regional Health Authority, its functions with respect to such expenditure of Family Health Services Authorities in relation to which it is the relevant Regional Health Authority as—

(i) is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act and is of a description specified in the allotment, and

(ii) is attributable to the performance by the Family Health Services Authority of their functions in that year];

[F4 (aa) to each Regional Health Authority sums equal to any such expenditure of Family Health Services Authorities in relation to which it is the relevant Regional Health Authority as is attributable to the remuneration of persons providing services in pursuance of Part II of this Act and is not of a description specified as mentioned in paragraph (a) above]

[F5 (b) to each [F6 Family Practitioner Committee][F6 Family Health Services Authority whose locality is in Wales]—

(i) sums not exceeding the amount allotted by him to the Committee for that year towards meeting the expenditure attributable to the performance by the Committee of their functions in that year;]

[F7 (ii) for any kind of expenditure attributable to reimbursement of expenses of persons providing services in pursuance of Part II of this Act for which he allots an amount to the Committee, an amount not exceeding the amount so allotted;

(iii) for any other expenditure attributable to remuneration of persons providing such services, sums equal to that expenditure;]

(c) to each special health authority sums not exceeding the amount allotted . . . F2 by him to the authority for that year towards meeting the expenditure attributable to the performance by the authority in that year of their functions under this Act.

(2) Subject to subsection (3) below, it is the duty of every Regional Health Authority to pay in respect of each financial year [F8 to each Area Health Authority and each District Health Authority whose area or district is included in the region sums not exceeding the amount allotted . . . F2 by the Regional Health Authority to the Area or District Health Authority for that year towards meeting the expenditure attributable to the performance by the Authority of their functions in that year.]

[F8 (a) to each District Health Authority whose district is included in the region sums not exceeding the amount allotted by the Regional Health Authority to the District Health Authority for that year towards meeting the expenditure attributable to the performance by the District Health Authority of their functions in that year; and

(b) to each Family Health Services Authority in relation to which it is the relevant Regional Health Authority—

(i) sums equal to the expenditure referred to in subsection (1)(aa) above; and

(ii) sums not exceeding the amount allotted by the Regional Health Authority to the Family Health Services Authority for that year towards meeting other expenditure attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act and to the performance by the Family Health Services Authority of their functions in that year.]

[F9 (2A) The date on which an allotment to an authority under subsection (1) or (2) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the authority are notified of its amount by the Secretary of State or, as the case may be, the Regional Health Authority.]

[F10 (3) The Secretary of State may give directions

[F11 (a)] to a Regional [F12 or Special] Health Authority or Family [F13 Practitioner Committee][F13 Health Services Authority whose locality is in Wales] or to a District Health Authority whose district is in Wales with respect to the application of sums paid to them under subsection (1) above [F14 and

(b) to a District Health Authority in England with respect to the payment of sums by them to the Regional Health Authority in respect of charges or other sums referable to the valuation or disposal of assets; and

(c) to a Regional Health Authority with respect to the application of sums received by them by virtue of paragraph (b) above or by virtue of section 15(7)(a) of the National Health Service and Community Care Act 1990.]]

(4) Where directions have been given under subsection (3) above to a Regional Health Authority with respect to the application of the sums paid to the Authority under subsection (1) above, the Regional Health Authority may give directions to [F15 an Area Health Authority or District Health Authority whose area or district is in the region with respect to the application of any sums paid out of those sums to the Area Health Authority or District Health Authority under subsection (2) above][F15 a District Health Authority whose district is included in the region or a Family Health Services Authority in relation to which it is the relevant Regional Health Authority with respect to the application of any sum paid out of those sums to the District Health Authority or the Family Health Services Authority under subsection (2) above].

(5) It shall be the duty of any health authority [F16 or Family Practitioner Committee] to whom directions have been given under subsection (3) or (4) above to comply with the directions.

(6) Where an order establishing a special health authority provides for any expenditure of the authority to be met by a Regional, . . . F17 or District Health Authority or by two or more such Authorities in portions determined by or in accordance with the order, it is the duty of each Authority in question to pay to the special health authority sums equal to, or to the appropriate portion of, that expenditure.

(7) Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]

Textual Amendments

F1 Ss. 97, 97A substituted for s. 97 by Health Services Act 1980 (c. 53, SIF 113:2), s. 6(1)(5) in relation to the financial year 1980 to 1981 and subsequent years

F2 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F3 Words added (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(a)

F4 S. 97(1)(aa) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(b)

F5 S. 97(1)(b) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(a)

F6 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(c)

F7 S. 97(1)(b)(ii)(iii) substituted for subsection (1)(b)(ii) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 16(1)

F8 S. 97(2)(a)(b) substituted (1.4.1991) for the words following “each financial year” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(3)

F9 S. 97(2A) inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 6(1)

F10 S. 97(3) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(b)

F11 “(a)” inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(a)

F12 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(b)

F13 Words commencing “Health Services Authority” substituted (1.4.1991) for the words “Practitioner Committee” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(b)

F14 S. 97(3)(b)(c) and the word “and” immediately preceding (b) added (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(c)

F15 Words commencing “a District Health Authority whose” ending “(2) above” substituted (1.4.1991) for words commencing “an Area Health Authority” onwards by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(5)

F16 Words inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(c)

F17 Word repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10