(1)In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) must co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
(2)The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of—
(a)prescribed functions of the NHS bodies, and
(b)prescribed health-related functions of the prison service,
if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
(3)The arrangements which may be prescribed include arrangements—
(a)for or in connection with the establishment and maintenance of a fund—
(i)which is made up of contributions by one or more NHS bodies and by the prison service, and
(ii)out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service,
(b)for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of the NHS body,
(c)for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,
(d)as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c),
(e)as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),
(f)as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).
(4)Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.
[F1(4A)For the purposes of this section, each local authority (within the meaning of section 2B) is to be treated as an NHS body.]
(5)“The prison service” means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
Textual Amendments
F1S. 249(4A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 29(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1S. 249 modified (temp.) (11.7.2012) by The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831), art. 13(3)-(5)