National Health Service Reform and Health Care Professions Act 2002

23 Joint working with the prison service E+W

(1) In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) shall co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.

(2) The appropriate authority may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (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 prison service,

if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.

(3) 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 by the prison service, 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 prison service,

(b) for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of theirs,

(c) for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,

(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 the prison service 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 the prison service in connection with any arrangements mentioned in paragraph (c).

(4) Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.

(5) In this section—

• “appropriate authority” means—

  (a)

  the Secretary of State, in relation to England, and

  (b)

  the National Assembly for Wales, in relation to Wales,

• “NHS bodies” means Strategic Health Authorities, Primary Care Trusts, NHS trusts, [F1 NHS foundation trusts,] Special Health Authorities, Health Authorities and Local Health Boards,

• “prison service” means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)),

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

Textual Amendments

F1 Words in s. 23(5) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 124; S.I. 2004/759, art. 2

Commencement Information

I1 S. 23 partly in force; s. 23 in force for certain purposes at Royal Assent, see s. 42(3); s. 23 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I2 S. 23(1) in force at 18.6.2003 for E. by S.I. 2003/1580, art. 3