National Health Service and Community Care Act 1990

Family Health Services Authorities E+W

12 Functions of Family Health Services Authorities. E+W

(1) In section 15 of the principal Act (duty of Family Health Services Authority)—

(a) in subsection (1), after the word “regulations” there shall be inserted “and subject to any directions from the relevant Regional Health Authority”;

(b) in paragraph (b) of that subsection, after the words “perform such” there shall be inserted “management and”; and

(c) at the end of that subsection there shall be inserted the following subsections—

“(1A) In relation to a Family Health Services Authority for a locality in England, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Regional Health Authority is a reference to that Authority in whose region lies the whole or the greater part of the Authority’s locality.

(1B) In relation to a medical practitioner, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Family Health Services Authority shall be construed as follows,—

(a) if he practices in partnership with other medical practitioners, the relevant Authority is that Authority on whose medical list the members of the practice are included and, if some are included on one Authority’s medical list and some on another’s or if any of the members is included in the medical lists of two or more Authorities, the relevant Authority is that Authority in whose locality resides the largest number of individuals who are on the lists of patients of the members of the practice; and

(b) in any other case, the relevant Authority is that Authority on whose medical list he is included and, if there is more than one, that one of them in whose locality resides the largest number of individuals who are on his list of patients.”

(2) In section 17 of the principal Act (directions as to exercise of functions), in subsection (1) before the words “by a District Health Authority”, there shall be inserted “(a)” and at the end of the subsection there shall be added “and

(b) by a Family Health Services Authority in relation to which it is the relevant Regional Health Authority, of any functions exercisable by the Family Health Services Authority by virtue of section 15 above or the National Health Service and Community Care Act 1990.”

(3) In section 42 of the principal Act (regulations as to pharmaceutical services), in subsection (3)—

(a) in paragraph (d) for the words following “approved by” there shall be substituted “reference to prescribed criteria by the Family Health Services Authority in whose locality those premises are situated; and”; and

(b) in paragraph (e) for the words “the prescribed body” there shall be substituted “that Family Health Services Authority”.

(4) In section 44 of the principal Act (recognition by Secretary of State of certain local committees), in subsection (1)—

(a) for the words from “the Secretary of State” to “is representative” there shall be substituted “a Family Health Services Authority is satisfied that a committee formed for its locality is representative”; and

(b) for the word “he” there shall be substituted “the Family Health Services Authority”;

and in subsection (2) of that section, for the words “Secretary of State’s approval” there shall be substituted “approval of the Family Health Services Authority”.

(5) Section 55 of the principal Act (reference of certain disputes affecting Family Practitioner Committees to the Secretary of State) shall cease to have effect.

13 Financial duties in relation to Family Health Services Authorities. E+W

(1) Section 97A of the principal Act (financial duties of health authorities) shall be amended in accordance with subsections (2) to (4) below.

(2) In subsection (1) for the words from “the expenditure attributable" to the end of the subsection there shall be substituted—

“(a) the expenditure attributable to the performance by the Regional Health Authority of its functions in that year, and

(b) the expenditure attributable to the performance by the District Health Authorities whose districts are in the region of their functions in that year, and

(c) the expenditure attributable to the performance by each Family Health Services Authority in relation to which the Regional Health Authority is the relevant Regional Health Authority of the Family Health Services Authority’s functions in that year, other than expenditure falling within section 97(1)(aa) above,

does not exceed the aggregate of—

(i) the amounts allotted to the Regional Health Authority for that year under section 97(1)(a) above;

(ii) any other sums received under this Act, other than under section 97(1)(aa) above, in that year by the Regional Health Authority or by the District Health Authorities or Family Health Services Authorities concerned; and

(iii) any sums received otherwise than under this Act in that year by any of those Authorities for the purpose of enabling them to defray any such expenditure”.

(3) In subsection (2)—

(a) for the words “Area Health Authority and every District Health Authority" there shall be substituted “District Health Authority and every Family Health Services Authority";

(b) in paragraph (a) of that subsection after the word “above" there shall be inserted “other than section 97(1)(aa)".

(4) In subsection (4) after the words “health authority" there shall be inserted “or Family Health Services Authority".

(5) In section 97B of the principal Act, in subsection (1)—

(a) for the words “Family Practitioner Committee" there shall be substituted “Family Health Services Authority whose locality is in Wales"; and

(b) at the end there shall be added the words “and any reference in subsections (2) and (4) below to a Family Health Services Authority is a reference to an Authority whose locality is in Wales".

Commencement Information

I1 S. 13 wholly in force at 1.4.1991 see s. 67(2) and S.I. 1990/1329, art. 2(8), Sch. 3.