Annex 4
HOW THE
VOLUNTARY SECTOR
IS FUNDED
A SUMMARY OF
THE LEGISLATIVE
POWERS WHICH
ENABLE THE
SECRETARY OF
STATE EITHER
TO PROVIDE
OR TO
MAKE ARRANGEMENTS
FOR THE
PROVISION OF
PALLIATIVE CARE
SERVICES IN
VOLUNTARY HOSPICES.
NHS bodies are able to make arrangements with
voluntary bodies, including hospices, for the provision of services
by the voluntary bodies on particular terms and conditions. These
provisions enable an NHS body to enter into arrangements with
a hospice on such terms as may be agreed for the hospice to provide
services which would otherwise be available on the NHS, or which
it is desired should be provided to NHS patients by the hospice.
1. Section 23 of the NHS Act 1977
This section provides that the Secretary of
State (the functions in this section have been delegated to Strategic
Health Authorities (SHAs) and PCTs under the NHS (Functions of
Strategic Health Authorities and Primary Care Trusts Administration
Arrangements) (England) Regulations 2002 (the Functions Regulations))
may arrange with any person or body (including a voluntary organisation)
for that person or body to provide, or assist in providing, any
service under the 1977 Act. The arrangements/ contracts are for
the provision of services within the NHS and are usually referred
to as SLAs.
"Section 23 (1) to (3) (as delegated to
Strategic Health Authorities and PCTs)
(1) The Secretary of State may, where he
considers it appropriate arrange with any person or body (including
a voluntary organisation) for that person or body to provide,
or assist in providing, any service under this Act.
(2) The Secretary of State may make available—
(a) to any person or body (including a voluntary
organisation) carrying out any arrangements under subsection (1)
above, or
(b) to any voluntary organisation eligible
for assistance under section 64 or section 65 of the Health Services
and public Health Act 1968 (assistance made available by the Secretary
of State or local authorities), any facilities (including goods
or materials, or the use of any premises and the use of any vehicle,
plant or apparatus) provided by him for any service under this
Act; and where anything is so made available, the services of
persons employed by the Secretary of State or by a Strategic Health
Authority, Special Health Authority or Primary Care Trust or Local
Health Board, in connection with it.
(3) The powers conferred by this section
may be exercised on such terms as may be agreed, including terms
as to the making of payments by or to the Secretary of State,
and any goods or materials may be made available either temporarily
or permanently."
2. The NHS and Community Care Act 1990—paragraph
13 of Schedule 2
This permits NHS Trusts to enter into arrangements
for the carrying out, on such terms as seem to the trust to be
appropriate, of any of its functions jointly with a PCT, SHA,
another NHS trust or any other body or individual.
"Paragraph 13
An NHS Trust may enter into arrangements for
the carrying out, on such terms as seem to the trust to be appropriate,
of any of its functions jointly with any Primary Care Trust, with
any Strategic Health Authority or Special Health Authority, with
another NHS trust or with any other body or individual."
3. Section 64 of the Health Service and Public
Health Act 1968This section permits the Secretary of State
to make grants to voluntary organisations providing any service
similar to a service under the NHS Act 1977 on such terms and
conditions as are determined (this power has been delegated to
PCTs and to SHAs for performance management purposes by the Functions
Regulations).
"Section 64 (as delegated to SHAs and PCTs)
(1) The [Minister of Health] may, upon such
terms and subject to such conditions as he may, with the approval
of the Treasury, determine give to a voluntary organisation to
which this section applies assistance by way of grant or by way
of loan, or partly in the one way and partly in the other.
(2) This section applies to a voluntary
organisation whose activities consist in, or include, the provision
of a service similar to a relevant service, the promotion of the
provision of a relevant service or a similar one, the publicising
of a relevant service or a similar one or the giving of advice
with respect to the manner in which a relevant service or a similar
one can best be provided.
(3) In this section—
(a) "the relevant enactments"
means—
(i)-(xxi) and included at (xviii) is The National
Health Service Act 1977
(b) "relevant service means a service
which must or may, by virtue of the relevant enactments, be provided
or the provision of which must or may, by virtue of those enactments,
be secured by the [Minister of Health] or the council of a non-metropolitan
county, county borough, metropolitan district or London borough
or the Common Council of the City of London or a service for the
provision of which a Primary Care Trust or Local Health Boards,
are, by virtue of Part II of the NHS Act 1977 under a duty to
make arrangements; and
(c) "Voluntary organisation" means
a body the activities of which are carried on otherwise than for
profit but does not include any public or local authority."
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