- Latest available (Revised)
- Point in Time (10/10/2002)
- Original (As enacted)
Version Superseded: 01/04/2004
Point in time view as at 10/10/2002. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Health Act 1999, Section 31.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and prescribed local authorities (on the other) to enter into prescribed arrangements in relation to the exercise of—
(a)prescribed functions of the NHS bodies, and
(b)prescribed health-related functions of the local authorities,
if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2)The arrangements which may be prescribed include arrangements—
(a)for or in connection with the establishment and maintenance of a fund—
(i)which is made up of contributions by one or more NHS bodies and one or more local authorities, and
(ii)out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the authority or authorities,
(b)for or in connection with the exercise by an NHS body on behalf of a local authority of prescribed health-related functions of the authority in conjunction with the exercise by the NHS body of prescribed functions of theirs,
(c)for or in connection with the exercise by a local authority on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the authority of prescribed health-related functions of theirs,
(d)as to the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a), (b) or (c),
(e)as to the making of payments by a local authority to an NHS body in connection with any arrangements mentioned in paragraph (b),
(f)as to the making of payments by an NHS body to a local authority in connection with any arrangements mentioned in paragraph (c).
(3)Regulations under this section may make provision—
(a)as to the cases in which NHS bodies and local authorities may enter into prescribed arrangements,
(b)as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c)for or in connection with requiring the consent of the Secretary of State to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d)in relation to the duration of prescribed arrangements,
(e)for or in connection with the variation or termination of prescribed arrangements,
(f)as to the responsibility for, and the operation and management of, prescribed arrangements,
(g)as to the sharing of information between NHS bodies and local authorities.
(4)The provision which may be made by virtue of subsection (3)(f) includes provision in relation to—
(a)the formation and operation of joint committees of NHS bodies and local authorities,
(b)the exercise of functions which are the subject of prescribed arrangements (including provision in relation to the exercise of such functions by joint committees or employees of NHS bodies and local authorities),
(c)the drawing up and implementation of plans in respect of prescribed arrangements,
(d)the monitoring of prescribed arrangements,
(e)the provision of reports on, and information about, prescribed arrangements,
(f)complaints and disputes about prescribed arrangements,
(g)accounts and audit in respect of prescribed arrangements.
(5)Any arrangements made by virtue of this section shall not affect—
(a)the liability of NHS bodies for the exercise of any of their functions,
(b)the liability of local authorities for the exercise of any of their functions, or
(c)any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.
(6)The Secretary of State may issue guidance to NHS bodies and local authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(7)The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
(8)In this section—
“
”, in relation to a local authority, means functions of the authority which, in the opinion of the Secretary of State—have an effect on the health of any individuals,
have an effect on, or are affected by, any functions of NHS bodies, or
are connected with any functions of NHS bodies,
“local authority” means a district council, county council, county borough council, London borough council or the Common Council of the City of London,
“NHS body” means a [F1Strategic Health Authority,] Health Authority, Primary Care Trust [F2, Local Health Board] or NHS trust,
“prescribed” means prescribed to any extent by regulations made by the Secretary of State.
[F3(9)Schedule 2A makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section.]
Textual Amendments
F1Words in s. 31(8) in the definition of "NHS body" inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), Sch. 1 para. 53; S.I. 2002/2478, art. 3(1)(c) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F2Words in s. 31(8) in the definition of "NHS body" inserted (10.10.2002 for W., otherwise 1.3.2007) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 45; S.I. 2002/2532, art. 2, Sch.so far as not already in force, in force immediately before the National Health Service Act 2006 c. 41 (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, {Sch. 1 Pt. 2 para. (c)}
F3S. 31(9) inserted (1.8.2001 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 48(2), 70(2) (with ss. 64(a), 65(4)); S.I. 2001/2804, art. 2(1)(a); S.I. 2004/1754, art. 2(2)(a)
Commencement Information
I1S. 31 wholly in force at repeal; s. 31 not in force at Royal Assent, see s. 67(1); s. 31 in force (E.) at 1.4.2000 by S.I. 1999/2793, art. 2(3)(b); s. 31 in force for certain purposes (W.) at 1.12.2000 by S.I. 2000/2991, art. 2(1), Sch. 1; s. 30 in force so far as not already in force immediately before the coming into force of the National Health Service Act 2006 c. 41 (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 6(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: