Explanatory note

These Regulations make provision for the Secretary of State’s functions relating to the health service to be exercised by Regional Health Authorities (Part 11) and District Health Authorities (Part 111) and for administrative arrangements under which authorities may exercise each other’s functions (Part IV).

These Regulations replace with amendments the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989. The amendments are made in connection with the coming into force of section 3(1) of the National Health Service and Community Care Act 1990. This section provides that the primary functions of a Regional or District Health Authority are those functions exercisable by the Authorities by virtue of directions under section 13 or section 14 of the National Health Service Act 1977. The principal changes are to be found in regulations 3 and 5 under which the Secretary of State directs Regional Health Authorities and Regional Health Authorities direct District Health Authorities to perform the Secretary of State’s functions relating to the health service only (but subject to certain exceptions) in respect of persons usually resident in their region or district. Regulation 2 defines certain terms used in the Regulations and in particular the term “usually resident” which is to be found in regulation 2(5).

The instrument which these Regulations replace is revoked by regulation 12.