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Speller’s Law Relating to Hospitals pp 18–72Cite as

Hospitals managed under the National Health Service Act 1977

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Abstract

The object of the National Health Service Act 1977 is to maintain the establishment in England and Wales of a comprehensive health service available to all in need of hospital, specialist or general practitioner or dental or optical services, or of those public health services such as maternity and child welfare clinics, midwifery, health visitors or home nursing formerly provided by local authorities. The services provided are generally free at point of use and are, subject to numerous exceptions, free of charge1 either to the patients or to their relatives except in respect of private or part-paying hospital patients as noted elsewhere. Hospital charges are discussed in Chapter 22.

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Notes

  1. National Health Service Act 1977, section 1(2).

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  2. By the Secretary of State for Social Services Order, SI 1968/729, the functions of the Minister of Health under the National Health Service Acts 1946 to 1968 became the responsibility of the Secretary of State. Under the Transfer of Functions (Wales) Order, SI 1969/358, the functions of the Secretary of State for the Social Services under the above-mentioned Acts in respect of Wales passed to the Secretary of State for Wales. When used in this book in relation to functions under the National Health Service Act 1977 the expression Secretary of State must be read accordingly. Functions under the Mental Health Act 1959 (now 1983) in respect of Wales were not transferred to the Secretary of State for Wales.

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  3. See section 21 and Schedule 8 on distribution of these functions between the Secretary of State and the local social services authority.

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  4. See the Special Hospitals Service Authority (Establishment and Constitution) Order 1989, SI 1989/948 and the Special Hospitals Service Authority (Functions and Membership) Regulations 1989, SI 1989/949 (as amended by SI 1989/1611).

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  5. SI 1990/1526; the Authorities are constituted under SI 1990/1525.

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  6. Pfizer Corporation v Minister of Health [1965] AC 512; Hills (Patents) Ltd v University College Hospital [1956] 1 QB 90; and Wood v Leeds AHA (T) [1974] ICR 535. This view is taken throughout this book, and for convenience it is repeated elsewhere as appropriate.

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  7. National Health Service Reorganisation Act 1973, section 2. By the Isles of Scilly (National Health Service) Order, SI 1973/1935, the reorganisation was applied to the Scilly Isles. The local authority is the Council of the Isles.

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  8. See now the National Health Service Functions (Directions to Authorities and Administrative Arrangements) Regulations 1991, SI 1991/554.

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  9. Part III.

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  10. SI 1981/1836, as amended by SI 1982/343 and SI 1990/1755.

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  11. SI 1990/1331, as amended by SIs 1990/1755 and 1758.

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  12. Appendix II of HRC(73)22, quoting from HM(61)59. The latter is still applicable even though the 1973 Circular is revoked.

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  13. Public Bodies (Admission to Meetings) Act 1960, section 1(5).

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  14. [1975] 1WLR 701.

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  15. As amended by the Health Services Act 1980, Schedule 1, paragraph 28.

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  16. For Wales, see now the Welsh Common Services Authority Constitution Order 1990, SI 1990/2647.

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  17. SI 1981/1837, as amended by SI 1982/344, SIs, 1983/30 and 36, SI 1984/328, SI 1988/407, SIs 1990/1755 and 1756.

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  18. SI 1981/1837.

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  19. SI 1991/554.

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  20. SI 1981/597.

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  21. SI 1981/101, as amended by SI 1986/458. For detail on the functions of the Health Advisory Service see Circular HC(84) 16.

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  22. As amended by the Health Services Act 1980, Schedule 1, paragraph 81; and see Circular HC(82)1.

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  23. As amended by the Health Services Act 1980, Schedule 1, paragraph 39.

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  24. SI 1974/190.

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  25. SI 1974/168.

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  26. As amended by the Health Services Act 1980, Schedule 1, paragraph 40; and see HC(81)15 and HC(85)11 generally.

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  27. As amended by the Health Services Act 1980, Schedule 1, paragraph 82 and the Health and Social Security Act 1984, Schedule 3, paragraphs 15-17.

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  28. SI 1985/304 as amended by SI 1990/1375.

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  29. The references to a Family Health Service Authority were substituted by section 2 of the National Health Service and Community Care Act 1990.

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  30. As amended by SI 1990/1375. The references to a Family Health Service Authority were substituted by section 2 of the National Health Service and Community Care Act 1990.

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  31. National Health Service Management Executive pamphlet published 1990, for guidance only.

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  32. SI 1985/304.

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  33. The Times, 16 August 1989.

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  34. As amended by SI 1990/1375.

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  35. National Health Service Act 1977, section 85.

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  36. National Health Service Act 1977, section 86.

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  37. SI 1974/296, now revoked and replaced by SI 1991/481.

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  38. 1951 SC 200.

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  39. 1951 SC 464.

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  40. [1953] 1 QB 511.

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  41. The Times, 17 March 1989.

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  42. Out of monies provided by Parliament.

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  43. National Health Service Act 1977, section 97(2).

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  44. National Health Service Act 1977, sections 97(6) and 97(1)(c).

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  45. National Health Service Act 1977, section 97(7).

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  46. SI 1982/277.

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  47. SI 1974/541.

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  48. Charities (Exempted Accounts) Regulations 1963, SI 1963/210, replaced by SI 1976/929.

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  49. Charities (Exempted Accounts) Regulations 1976, SI 1976/929, as amended by SI 1982/288.

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  50. National Health Service Act 1977, section 8 and Schedule 5, Part III, paragraph 9.

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  51. SI 1991/481.

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  52. SI 1988/551, as amended by SI 1991/557.

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  53. Regulation 5A.

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  54. National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1991, SI 1991/557.

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  55. National Health Service and Community Care Act 1990, Schedule 2, paragraph 23.

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  56. See the National Health Service (Vehicles) Order 1974, SI 1974/168.

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  57. HMSO 1989; ISBN 0 11 321165 1. At the time of going to press with the 7th edition of this book, NHS Estates advised that it was in the process of updating and revising the document. The document issued in 1989 applies to property managed by health authorities on behalf of the Secretary of State for Health, and not to NHS trusts which have the estate required for operational use legally conveyed to them.

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  58. SI 1989/51.

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  59. SI 1991/725. See also ‘Contracts for Health Services: Operating Contracts’ and EL(90)MB/26 ‘Contract Pricing: Cost Allocation Principles’.

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  60. EL(89)MB/125.

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  61. SI 1990/2024, as amended by SI 1990/2160.

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  62. In particular, section 132; see Chapter 30, p. 843 for a discussion of the duties which are effectively imposed on the Directors of an NHS trust in this regard.

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  63. Paragraphs 19 and 20.

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  64. Paragraph 21.

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  65. Paragraph 22.

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  66. Paragraph 23.

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  67. Paragraph 24.

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  68. The Times, 17 February 1992.

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Authors and Affiliations

  1. Leicester University, UK

    John Finch (Senior Lecturer in Law, member of the Mental Health Act Commission for England and Wales)

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  1. John Finch
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© 1994 Springer Science+Business Media Dordrecht

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Finch, J. (1994). Hospitals managed under the National Health Service Act 1977. In: Speller’s Law Relating to Hospitals. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-7122-7_2

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  • DOI: https://doi.org/10.1007/978-1-4899-7122-7_2

  • Publisher Name: Springer, Boston, MA

  • Print ISBN: 978-0-412-41000-0

  • Online ISBN: 978-1-4899-7122-7

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