Annex A > Chapter 5 - Regional, District and Trust Management > Statutory framework

Statutory framework

Introduction

3 The relevant statutes governing the matters described in this chapter are:

• National Health Service Act 1946 (the 1946 Act)
• National Health Service Reorganisation Act 1973 (the 1973 Act)
• National Health Service Act 1977 (the 1977 Act)
• Health Service Act 1980 (the 1980 Act)
• National Health Service Community Care Act 1990 (the 1990 Act)
• Medical (Professional Performances) Act 1995 (the 1995 Act).

4 The 1973 Act revised the structure of the NHS and introduced regional and area levels of management in England (but not Wales) [1] by providing for the establishment of regional health authorities (RHAs), area health authorities (AHAs) and area health authorities (teaching).

5 Under the 1977 Act `It is the Secretary of State's duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement -

`(a) in the physical and mental health of people in those countries, and

`(b) in the prevention, diagnosis and treatment of illness, and for this purpose to provide or secure the effective provision of services in accordance with this Act.' [2]

6 The 1977 Act confers a wide discretion on the Secretary of State, in deciding what services ought reasonably to be provided. It provides that, `It is the Secretary of State's duty to provide throughout England and Wales, to such an extent as he considers it necessary to meet all reasonable requirements -

`(a) hospital accommodation;

`(b) other accommodation for the purpose of any service provided under this Act;

`(c) medical, dental, nursing and ambulance services;

`(d) such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

`(e) such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

`(f) such other services as are required for the diagnosis and treatment of illness.' [3]

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Footnotes

[1] Sections 5 and 5(1) (b), 1973 Act

[2] Section 1(1), 1977 Act

[3] Section 3(1) (a)-(f), 1977 Act