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Health Act 1999
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Changes over time for: Section 61
Version Superseded: 01/07/2022
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61 English and Scottish border provisions.U.K.
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(1)Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.
(2)This subsection applies to any functions under [F1the National Health Service Act 2006, or the National Health Service (Wales) Act 2006]F2... which are exercisable by the Secretary of State[F3, the National Health Service Commissioning Board] or any [F4clinical commissioning group] F5... F6... .
(3)Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.
(4)This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.
(5)In this section—
“English border area” means the area of any [F7clinical commissioning group] F8... adjacent to Scotland,
“Scottish border area” means the area of any Health Board adjacent to England.
Textual Amendments
F1Words in s. 61(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 196 (with Sch. 3 Pt. 1)
F2Words in s. 61(2) repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4; S.I. 2005/2925, arts. 1(3), 11(2)(p)
F3Words in s. 61(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 61(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 61(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(a)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 61(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(a)(iv); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 61(5) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in s. 61(5) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 92(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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