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2.—(1) Subject to paragraphs (2) and (3) each hospital authority is directed(1) to exercise on behalf of the Secretary of State the specified mental health service functions so far as they relate to the relevant hospital including the provision and maintenance of that hospital as a special hospital in pursuance of section 4 of the 1977 Act.
(2) Nothing in these Regulations—
(a)is to be taken as the giving of directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or regulations; or
(b)enables a hospital authority to exercise the Secretary of State’s functions under section 87(1) of the Act in respect of compulsory acquisition of land.
(3) The exercise by a hospital authority of functions under section 3(1)(c), (e) and (f) of the 1977 Act, other than the function of providing psychiatric and associated services, is subject to the limitation that services or facilities mentioned in those provisions are to be provided only to patients for whom psychiatric and associated services are provided by the relevant hospital.
See in particular, sections 13, 17 and 18 of the National Health Service Act 1977; section 13 was amended by paragraph 33 of Schedule 1 to the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and with effect from 1st April 1996 by paragraph 4 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”); section 17 was substituted by paragraph 8 of Schedule 1 to the 1995 Act; section 18 was amended by paragraphs 38 and 92 of Schedule 1 to the 1980 Act, article 7(2) of S.I. 1985/39 and Schedule 10 to the 1990 Act and by paragraph 9 of Schedule 1 to the 1995 Act.
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