S. 1 wholly in force at 1.10.2002; s. 1 not in force at Royal Assent, see s. 42(3); s. 1 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(a)
S. 2 wholly in force at 1.10.2002; s. 2 not in force at Royal Assent, see s. 42(3); s. 2 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(b) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(a)
S. 3 partly in force; s. 3 not in force at Royal Assent, see s. 42(3); s. 3(2)(5)(a)(b) in force for E. and s. 3(1)(3) in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202,
S. 6 partly in force; s. 6 not in force at Royal Assent, see s. 42(3); s. 6 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.
S. 7 wholly in force at 1.10.2002, see s. 42(3) and S.I. 2002/2478, art. 3(1)(a) (subject to arts. 2(2), 3(3))
S. 8 wholly in force at 1.10.2002, see s. 42(3) and S.I. 2002/2478, art. 3(1)(a) (subject to arts. 2(2), 3(3))
S. 9 not in force at Royal Assent, see s. 42(3); s. 9 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.
S. 10 not in force at Royal Assent, see s. 42(3); s. 10(1) in force for certain purposes for E. and s. 10(3)(5)-(8)(10)(a)(ii)(b)(c)(i)(ii) in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(a) (subject to art. 3(3)); s. 10 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.
S. 15 partly in force; s. 15 in force for certain purposes at Royal Assent, see s. 42(3)
S. 15 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)
S. 16 in force at 1.9.2003 by S.I. 2003/2246, art. 2(a)
S. 17 partly in force; s. 17 in force for certain purposes at Royal Assent, see s. 42(3)
S. 17 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)
S. 18 in force at 1.9.2003 by S.I. 2003/2246, art. 2(a)
S. 19 partly in force; s. 19 in force for certain purposes at Royal Assent, see s. 42(3)
S. 19 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)
S. 20 in force for certain purposes at Royal Assent, see s. 42(3); s. 20 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2
S. 21 not in force at Royal Assent, see s. 42(3); s. 21 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2
S. 22 partly in force; s. 22 in force for certain purposes at Royal Assent, see s. 42(3)
S. 22 in force at 1.12.2003 in so far as not already in force by S.I. 2003/3083, art. 2
S. 23 partly in force; s. 23 in force for certain purposes at Royal Assent, see s. 42(3); s. 23 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.
S. 23(1) in force at 18.6.2003 for E. by S.I. 2003/1580, art. 3
S. 24 in force for certain purposes at Royal Assent, see s. 42(3); s. 24 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.
S. 3(5)(a) repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)
S. 3(5)(c) repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)
S. 5(2)(3) repealed (1.4.2004 for specified purposes except for W., 1.4.2004 for W. for specified purposes, 1.4.2006 for E. in so far as not already in force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11
S. 5(6) repealed (1.4.2004 for specified purposes except for W., 1.4.2004 for W. for specified purposes, 1.4.2006 for E. in so far as not already in force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11
Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 2; S.I. 2004/759, art. 13
Word in s. 15(1)(a) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 1; S.I. 2004/759, art. 12
S. 15(1)(c) and word(s) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(2)(a), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 15(9) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(2)(b), 199(1)(4); S.I. 2004/759, art. 2
S. 17(1)(fa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(3), 199(1)(4); S.I. 2004/759, art. 2
S. 17(1)(fa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 74(2)(a); S.I. 2004/288, art. 5(2)(z) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(dd) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 17(1)(g) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 74(2)(b), Sch. 14 Pt. 4; S.I. 2004/288, art. 5(2)(z) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(dd) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 17(2) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 74(3); S.I. 2004/288, art. 5(2)(z) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(dd) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 18(2)(c)(ii) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(4)(a), 199(1)(4); S.I. 2004/759, art. 2
S. 18(2)(e) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(4)(b), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 19(2)(k) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(5)(a), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 19(2)(p) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(5)(b), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 19(4)(a) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 31(5), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 20(7)(b) substituted (11.11.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004 (S.I. 2004/2987), arts. 1(1), 2(1)(d)
Words in s. 20(10) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 32(1)(2), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 20(12) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 32(1)(3), 199(1)(4); S.I. 2004/759, art. 2
Words in s. 23(5) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 124; S.I. 2004/759, art. 2
On and after the date on which this section comes into force, Health Authorities for areas in England are to be known instead as Strategic Health Authorities.
It is the duty of the Secretary of State to establish, in accordance with Part 1 of Schedule 5 to this Act, authorities to be called— Strategic Health Authorities, in the case of authorities established for areas in England; Health Authorities, in the case of authorities established for areas in Wales. Subject to subsection (4) below— a Strategic Health Authority shall be established for such area of England as is specified in the order establishing the authority; and a Health Authority shall be established for such area of Wales as is so specified, or, if the order so provides, for the whole of Wales. A Strategic Health Authority or a Health Authority shall be known by such name, in addition to the title “ appears to the Secretary of State appropriately to signify the connection of the authority with the area for which they are established; and is specified in the order establishing the authority. The Secretary of State may by order— vary the area of a Strategic Health Authority or Health Authority; abolish a Strategic Health Authority or Health Authority; establish a new Strategic Health Authority or Health Authority; change the name by which a Strategic Health Authority or Health Authority are known. No order shall be made under this section relating to a Strategic Health Authority until after the completion of such consultation as may be prescribed. Consultation requirements contained in regulations under subsection (5) are in addition to, and not in substitution for, any other consultation requirements which may apply. The Secretary of State shall act under this section so as to ensure— that the areas for which Strategic Health Authorities are at any time established together comprise the whole of England; that the areas for which Health Authorities are at any time established together comprise the whole of Wales; and that no area for which a Strategic Health Authority or a Health Authority are established extends both into England and into Wales. The power to make incidental or supplemental provision conferred by section 126(4) below includes, in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities.
Schedule 1 (which contains amendments consequential upon this section) is to have effect.
Section 16A of the 1977 Act (which provides for the establishment of Primary Care Trusts) is amended as provided in subsections (2) and (3).
It is the duty of the Secretary of State to establish bodies to be known as Primary Care Trusts for areas in England with a view to their exercising functions in relation to the health service. The Secretary of State shall act under this section so as to ensure that the areas for which Primary Care Trusts are at any time established together comprise the whole of England.
Schedule 5A to the 1977 Act (which makes further provision about Primary Care Trusts) is amended as follows—
in paragraph 2(3)—
Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.
The 1977 Act is amended as follows.
A Strategic Health Authority may, in relation to any specified functions of theirs, direct a Primary Care Trust any part of whose area falls within their area to exercise those functions. But a Strategic Health Authority may not so direct a Primary Care Trust in relation to any functions of the Strategic Health Authority arising under section 28C arrangements if the Primary Care Trust is providing any services in accordance with those arrangements. The Secretary of State may direct Strategic Health Authorities that specified functions of theirs— are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or are not to be exercisable by Primary Care Trusts, and that the power in subsection (1) above is to be exercised accordingly. Directions under subsection (3)(a) above may include directions that any of the specified functions are to be exercised (or exercised to or only to any specified extent) jointly with the Strategic Health Authority, or jointly by one or more Primary Care Trusts; but such directions may be given only if regulations providing for the joint exercise of those functions have been made under section 16 or 16B above. In this section, “
In section 17B (Health Authority’s directions: exercise of functions), in subsection (1), the words from “which” to the end are omitted.
In section 18 (directions and regulations under preceding provisions), in subsection (1A)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph (b) is omitted, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (1), the words from “, apart from” to “functions),” have effect only in relation to Wales.
In subsection (1), the words from “, apart from” to “authority),” have effect only in relation to Wales.
Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.
Section 44 of the 1977 Act (recognition of local representative committees) is amended in accordance with subsections (2) to (7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a Primary Care Trust is satisfied that a committee formed for its area, or for its area together with the area of one or more other Primary Care Trusts, is
representative— of the ophthalmic opticians providing general ophthalmic services in the Primary Care Trust’s area; or of the persons providing pharmaceutical services from premises in the Primary Care Trust’s area, the Primary Care Trust may recognise that committee; and any committee so recognised shall be called the Local Optical Committee or the Local Pharmaceutical Committee, as
the case may be, for the area of the Primary Care Trust.
In subsection (2), “with the approval of the Health Authority” is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 45 of the 1977 Act (functions of local representative committees) is amended as follows.
Regulations may require— Primary Care Trusts, in the exercise of their functions under this Part of this Act, to consult committees recognised by them under section 44 above, Strategic Health Authorities, in the exercise of any of their functions which relate to arrangements under section 28C above, to consult committees recognised under section
44(ZA1)(c) or (A2)(c) above by Primary Care Trusts for the area or areas where the personal medical or dental services are provided
(or to be provided) under the arrangements, on such occasions and to such extent as may be prescribed.
In subsection (1A)—
In subsection (1C)—
in the case of a committee recognised under subsection (ZA1)(b) or (c)(ii) of that section, to the deputy medical practitioners for
the Primary Care Trust’s area; in the case of a committee recognised under subsection (ZA1)(c) of that section, to the section 28C medical practitioners for that area;
and
in the case of a committee recognised under subsection (A2)(b) or (c)(ii) of that section, to the deputy dental practitioners for the
Primary Care Trust’s area; in the case of a committee recognised under subsection (A2)(c) of that section, to the section 28C dental practitioners for that area;
The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising— functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities), other functions of the Assembly relating to the health service. Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board. A Local Health Board shall be established for the area of Wales specified in its LHB order. If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked. In this section, “ Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect. The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which— were exercised by a Health Authority in relation to any part of the same area, and have been transferred to the Assembly as mentioned in section 16BA(1) above. The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions. The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes. The Assembly may give directions to a Local Health Board about its exercise of any functions. Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing. This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section. The Assembly may give directions providing for any functions to which this section applies to be exercised— by another Local Health Board; by a Special Health Authority; or jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards. Directions given by the Assembly may provide— for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board, for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority, for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.
Schedule 4 (which inserts the new Schedule 5B in the 1977 Act) and Schedule 5 (which makes other amendments relating to Local Health Boards) are to have effect.
In section 126 of the 1977 Act (orders, regulations and directions)—
in subsection (1)—
in subsection (4A)—
the word “or” at the end of paragraph (b) is omitted, and
paragraph 9(3) of Schedule 5B to this Act, or
Section 1 of the National Health Service (Private Finance) Act 1997 (c. 56) (powers to enter into externally financed development agreements) applies to Local Health Boards as it applies to NHS trusts.
Section 97 of the 1977 Act (means of meeting expenditure of Health Authorities etc out of public funds) is amended as follows.
It is the duty of the Secretary of State to pay in respect of each financial year to each Strategic Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Authority towards meeting the expenditure of the Authority which is attributable to the performance by the Authority of their functions in that year.
In subsection (6)—
paragraphs (bb) and (c) are omitted.
Subsection (8) is omitted.
It is the duty of the Secretary of State, in respect of each financial year, to pay to each Primary Care Trust— sums equal to their general Part 2 expenditure; and sums not exceeding the amount allotted by the Secretary of State to the Primary Care Trust for that year towards meeting the Trust’s main expenditure in that year. In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b) above (or in varying the amount under subsection (7) below), the Secretary of State may take into account, in whatever way he thinks appropriate— the Trust’s general Part 2 expenditure; and expenditure which would have been the Trust’s general Part 2 expenditure but for an order under section 103(1) below, during any period he thinks appropriate (or such elements of that expenditure as he thinks appropriate). Where the Secretary of State has made an initial determination of the amount (“ it satisfied any objectives notified to it as objectives to be met in performing its functions; or it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it). In subsection (3) above, “ In making any increase under subsection (3) above, the Secretary of State may (whether by directions under subsection (8) below or otherwise) impose any conditions he thinks fit on the application or retention by the Primary Care Trust of the sum in question. Where the Secretary of State has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Primary Care Trust and notified the Trust of the allotment and it subsequently appears to him that the Trust has failed (wholly or in part) to satisfy any conditions imposed in making that increase, he may— reduce the allotment made to the Trust for that year; or when he has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Trust under subsection (1)(b) above, reduce the initial amount, by any amount not exceeding that sum. An amount is allotted to a Primary Care Trust for a year under this section when the Trust is notified by the Secretary of State that the amount is allotted to the Trust for that year; and the Secretary of State may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made. The Secretary of State may give directions to a Primary Care Trust with respect to— the application of sums paid to it under this section, or the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets. Sums falling to be paid to Primary Care Trusts under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.
It is the duty of the National Assembly for Wales, in respect of each financial year, to pay to each Local Health Board— sums equal to their general Part 2 expenditure; and sums not exceeding the amount allotted by the National Assembly for Wales to the Local Health Board for that year towards meeting the Board’s main expenditure in that year. In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) above (or in varying the amount under subsection (7) below), the National Assembly for Wales may take into account, in whatever way the Assembly thinks appropriate— the Board’s general Part 2 expenditure; and expenditure which would have been the Board’s general Part 2 expenditure but for an order under section 103(1) below, during any period the Assembly thinks appropriate (or such elements of that expenditure as it thinks appropriate). Where the National Assembly for Wales has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Local Health Board under subsection (1)(b) above, the Assembly may increase the initial amount by a further sum if it appears to it that over a period notified to the Board— the Board satisfied any objectives notified to it as objectives to be met in performing its functions; or it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it). In subsection (3) above, “ In making any increase under subsection (3) above, the National Assembly for Wales may (whether by directions under subsection (8) below or otherwise) impose any conditions it thinks fit on the application or retention by the Local Health Board of the sum in question. Where the National Assembly for Wales has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Local Health Board and notified the Board of the allotment and it subsequently appears to the Assembly that the Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase, the Assembly may— reduce the allotment made to the Board for that year; or when the Assembly has made an initial determination of the amount (“ by any amount not exceeding that sum. An amount is allotted to a Local Health Board for a year under this section when the Board is notified by the National Assembly for Wales that the amount is allotted to the Board for that year; and the National Assembly for Wales may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made. The National Assembly for Wales may give directions to a Local Health Board with respect to— the application of sums paid to the Board under this section, or the payment of sums by the Board to the National Assembly for Wales in respect of charges or other sums referable to the valuation or disposal of assets. Sums falling to be paid to Local Health Boards under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the National Assembly for Wales may determine. It is the duty of every Local Health Board, in respect of each financial year, to perform its functions so as to secure that the expenditure of the Board which is attributable to the performance by the Board of its functions in that year (not including expenditure within subsection (1)(a) of section 97F above) does not exceed the aggregate of— the amount allotted to it for that year under subsection (1)(b) of that section; any sums received by it in that year under any provision of this Act (other than sums received by it under that section); and any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure. The National Assembly for Wales may give such directions to a Local Health Board as appear to be requisite to secure that the Board complies with the duty imposed on it by subsection (1) above. Directions under subsection (2) may be specific in character. To the extent to which— any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees; or any sums are received by a Local Health Board as trustee or under section 96A above, that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section. For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee. Of the sums received by a Local Health Board under section 96A above so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above. Subject to subsection (4) above, the National Assembly for Wales may by directions determine— whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Local Health Board; whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Local Health Board; or the extent to which, and the circumstances in which, sums received by a Local Health Board under section 97F above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year’s expenditure they are to be attributed. In subsection (7) above, “ It is the duty of every Local Health Board to ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the National Assembly for Wales. For the purpose of subsection (1) above no account shall be taken of any use of resources for the purposes of a Board’s general Part 2 expenditure (within the meaning of paragraph 6A of Schedule 12A). But in specifying an amount for a Local Health Board under subsection (1) above (or in varying the amount under subsection (5) below), the National Assembly for Wales may take into account (in whatever way it thinks appropriate)— any such use of resources; and the use of any resources which would have been for the purpose of the Board’s general Part 2 expenditure but for an order under section 103(1) below, during any period the Assembly thinks appropriate (or such elements of such uses of resources as it thinks appropriate). For the purpose of subsection (1) above the National Assembly for Wales may give directions— specifying uses of resources which are to be, or not to be, taken into account; making provision for determining to which Local Health Board certain uses of resources are to be attributed; specifying descriptions of resources which are to be, or not to be, taken into account. Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification. Subsections (4) to (6) of section 97G above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets. The provisions in section 97G(2) and (3) above about the giving of directions by the National Assembly for Wales shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1). In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
The 1977 Act is amended as follows.
Schedule 12A to the 1977 Act (expenditure of Health Authorities and Primary Care Trusts) is amended as follows.
In paragraph 3—
in sub-paragraph (4)—
remuneration referable to the cost of drugs, remuneration paid to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or
In paragraph 5(1)—
the “and” at the end of paragraph (a) is omitted,
expenditure attributable to remuneration referable to the cost of drugs for which the trust is accountable in that year (whether paid by it or by another trust).
remuneration paid in that year to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or
For each financial year, the Secretary of State shall apportion, in such manner as he thinks appropriate, among all Primary Care Trusts the total of the remuneration referable to the cost of drugs which is paid by each Primary Care Trust in that year. A Primary Care Trust is accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (1) above. Where in any financial year any remuneration referable to the cost of drugs for which a Primary Care Trust is accountable is paid by another Primary Care Trust, the remuneration is to be treated (for the purposes of sections 97C and 97D above) as having been paid by the first trust in the performance of its functions. The Secretary of State may, in particular, exercise his discretion under sub-paragraph (1) above— so that any apportionment reflects, in the case of each Primary Care Trust, the financial consequences of orders for the provision of drugs, being orders which in his opinion are attributable to the trust in question, by reference to averaged or estimated amounts. The Secretary of State may make provision for any remuneration referable to the cost of drugs which is paid by a Primary Care Trust other than the trust which is accountable for the payment to be reimbursed in such manner as he may determine.
In section 97F above and this Schedule, general Part 2 expenditure, in relation to a Local Health Board, means expenditure of the Board which— is attributable to the payment of remuneration to persons providing services in pursuance of Part 2 of this Act, and is not excluded by sub-paragraph (2) below. Expenditure is excluded if it is attributable to— the reimbursement of expenses of persons providing services in pursuance of Part 2 which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services), remuneration referable to the cost of drugs, remuneration paid to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or remuneration of a designated description which is determined by the Board and paid to persons providing general medical services in pursuance of Part 2. In section 97F above, main expenditure, in relation to a Local Health Board and the year in question, means— expenditure of the Board mentioned in sub-paragraph (2) below, any other expenditure of the Board attributable to the performance of its functions in that year (other than general Part 2 expenditure and remuneration referable to the cost of drugs), and expenditure attributable to remuneration referable to the cost of drugs for which the Board is accountable in that year (whether paid by it or by another Board). The expenditure referred to in sub-paragraph (1)(a) above is expenditure attributable to— the reimbursement in that year of expenses of persons providing services in pursuance of Part 2 which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services), remuneration paid in that year to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or remuneration of a designated description which is determined by the Board and paid in that year to persons providing general medical services in pursuance of Part 2. For each financial year, the National Assembly for Wales shall apportion, in such manner as it thinks appropriate, among all Local Health Boards the total of the remuneration referable to the cost of drugs which is paid by each Local Health Board in that year. A Local Health Board is accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (1) above. Where in any financial year any remuneration referable to the cost of drugs for which a Local Health Board is accountable is paid by another Local Health Board, the remuneration is to be treated (for the purposes of sections 97F and 97G above) as having been paid by the first Board in the performance of its functions. The National Assembly for Wales may, in particular, exercise its discretion under sub-paragraph (1) above— so that any apportionment reflects, in the case of each Local Health Board, the financial consequences of orders for the provision of drugs, being orders which in the Assembly’s opinion are attributable to the Board in question, by reference to averaged or estimated amounts. The National Assembly for Wales may make provision for any remuneration referable to the cost of drugs which is paid by a Local Health Board other than the Board which is accountable for the payment to be reimbursed in such manner as the Assembly may determine.
In paragraph 7—
in sub-paragraph (1)—
in sub-paragraph (3)—
“or Primary Care Trust” is omitted, and
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The Secretary of State shall establish a body to be known as a Patients’ Forum—
for each NHS trust all or most of whose hospitals, establishments and facilities are situated in England,
for each Primary Care Trust,
for each NHS foundation trust.
The members of each Patients’ Forum are to be appointed by the Commission for Patient and Public Involvement in Health.
A Patients’ Forum must—
monitor and review the range and operation of services provided by, or under arrangements made by, the trust for which it is established,
obtain the views of patients and their carers about those matters and report on those views to the trust,
provide advice, and make reports and recommendations, about matters relating to the range and operation of those services to the trust,
make available to patients and their carers advice and information about those services,
in prescribed circumstances, perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers,
carry out such other functions as may be prescribed.
In providing advice or making recommendations under subsection (3)(c), a Patients’ Forum must have regard to the views of patients and their carers.
If, in the course of exercising its functions, a Patients’ Forum becomes aware of any matter which in its view—
should be considered by a relevant overview and scrutiny committee, the Forum may refer that matter to the committee,
should be brought to the attention of the Commission for Patient and Public Involvement in Health, it may refer that matter to the Commission.
Subsection (5) does not prejudice the power of a Patients’ Forum to make such other representations or referrals as it thinks fit, to such persons or bodies as it thinks fit, about matters arising in the course of its exercising its functions.
Patients’ Forums must in prescribed circumstances—
co-operate with each other in the exercise of their functions,
exercise functions jointly with one or more other Forums.
References in subsection (3) to services are references to—
services provided as part of the health service in England,
services provided in England in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority, and
services provided elsewhere (and not as part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.
In this section—
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A Patients’ Forum established for a Primary Care Trust (a “
providing independent advocacy services to persons in the Trust’s area or persons to whom services have been provided by, or under arrangements with, the Trust,
making available to patients and their carers advice and information about the making of complaints in relation to services provided by or under arrangements with the Trust, and
representing to persons and bodies which exercise functions in relation to the area of the Trust (including, in particular, any relevant overview and scrutiny committee) the views of members of the public in the Trust’s area about matters affecting their health.
In subsection (1), references to services have the meaning given by section 15(8).
It is also the function of a PCT Patients’ Forum—
to promote the involvement of members of the public in the area of the Trust in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public,
to make available advice and information to such members of the public about such involvement,
to advise those mentioned in subsection (4) about how to encourage such involvement (including, in the case of bodies mentioned in subsection (4) to which section 11 of the Health and Social Care Act 2001 (c. 15) applies, advising them how to comply with the requirements of that section in relation to the area of the Primary Care Trust), and
to monitor how successful those mentioned in subsection (4) are at achieving such involvement.
Those referred to in subsection (3) are—
Strategic Health Authorities whose areas include any part of the area of the Primary Care Trust,
the Primary Care Trust itself,
NHS trusts which provide services to patients in the area of the Primary Care Trust,
other public bodies, and
others providing services to the public or a section of the public.
The Secretary of State may direct a Patients’ Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to persons in the area of the Primary Care Trust or persons to whom services have been provided by, or under arrangements with, the Trust; and if he does so— the functions of that Patients’ Forum are to be taken to include those functions, but the Patients’ Forum may not make any arrangements with itself under this section.
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The Secretary of State may make regulations requiring—
Strategic Health Authorities,
Primary Care Trusts,
Health Authorities,
Local Health Boards,
local authorities,
NHS trusts,
NHS foundation trusts,
persons providing primary medical services or primary dental services under Part 1 of the 1977 Act,
persons providing services under Part 2 of the 1977 Act
persons providing piloted services under pilot schemes established under section 28 of the Health and Social Care Act 2001 (c. 15) , or providing LP Services under an LPS scheme established under Schedule 8A to the 1977 Act,
to allow members of a Patients’ Forum authorised by or under the regulations to enter and inspect, for the purposes of any of the Forum’s functions, premises owned or controlled by those referred to in paragraphs (a) to (h).
The Secretary of State may also make regulations requiring any other person who owns or controls premises where services are provided as mentioned in subsection
The regulations may in particular make provision as to—
cases and circumstances in which access is to be permitted,
limitations or conditions to which access is to be subject.
In subsection (1), “
Every Patients’ Forum must—
prepare a report in relation to its activities in each financial year, and
as soon as possible after the end of each financial year, send a copy of its report for that year to the trust for which it is established, and to the persons mentioned in subsection (2).
Those persons are—
the Secretary of State,
the Commission for Patient and Public Involvement in Health,
each Strategic Health Authority whose area includes—
any part of the area of the Primary Care Trust for which the Forum is established, or
all or most of the hospitals, establishments and facilities of the NHS trust
any relevant overview and scrutiny committee within the meaning given by section 15,
where the report includes provision which relates to any NHS foundation trust, the Independent Regulator of NHS Foundation Trusts.
A report under this section relating to any year must include details of the arrangements maintained by the Forum in that year for obtaining the views of patients.
In this section, “
the period beginning with the date on which the Forum is established and ending with the next 31st March, and
each successive period of 12 months ending with 31st March.
The Secretary of State may by regulations make further provision in relation to Patients’ Forums.
The regulations may in particular make provision as to—
the appointment of members,
any qualification or disqualification for membership,
terms of appointment,
circumstances in which a person is to cease to be a member or may be suspended,
the proceedings of Patients’ Forums,
the discharge of any function of a Patients’ Forum by a committee of the Forum or by a joint committee appointed with another Forum,
the appointment, as members of a committee or joint committee, of persons who are not members of the Forum or Forums concerned,
the funding of Patients’ Forums and the provision of premises, other facilities and staff,
the payment of travelling and other allowances to members of a Patients’ Forum or of a committee of a Forum or a joint committee of two or more Forums (including attendance allowances or compensation for loss of remunerative time),
the preparation by a Patients’ Forum of annual accounts, and their inclusion in accounts of the Commission for Patient and Public Involvement in Health,
the provision of information (including descriptions of information which are or are not to be provided) to a Patients’ Forum by an NHS trust,
the provision of information by a Patients’ Forum to another person (including another Forum),
the referral of matters by a Patients’ Forum to a relevant overview and scrutiny committee (within the meaning given by section 15),
the preparation and publication of reports by Patients’ Forums (including the publication of reports under section 18),
matters to be included in any such report,
the furnishing and publication by NHS trusts,
The regulations must secure that the members of a Patients’ Forum include—
at least one person who is a member or representative of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of—
persons for whom services are being provided under the 1977 Act, or
persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment, and
at least one person for whom services are being or have been provided by the trust for which the Patients’ Forum is established.
The regulations must also secure that the members of a Patients’ Forum established for a Primary Care Trust also include—
at least one member of the Patients’ Forum established for each NHS trust
if it appears to the Commission for Patient and Public Involvement in Health that there is a body which represents members of the public in the Primary Care Trust’s area in matters relating to their health, at least one person who is a member or representative of that body (or, if there is more than one such body, of any of those bodies).
The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents), with or without modifications.
A Patients’ Forum established under section 15 of the National Health Service Reform and Health Care Professions Act 2002.
There shall be a body corporate to be known as the Commission for Patient and Public Involvement in Health (“
The Commission has the following functions—
advising the Secretary of State, and such bodies as may be prescribed, about arrangements for public involvement in, and consultation on, matters relating to the health service in England,
advising the Secretary of State, and such bodies as may be prescribed, about arrangements for the provision in England of independent advocacy services,
representing to the Secretary of State and such bodies as may be prescribed, and advising him and them on, the views, as respects the arrangements referred to in paragraphs (a) and (b), of Patients’ Forums and those voluntary organisations and other bodies appearing to the Commission to represent the interests of patients of the health service in England and their carers,
providing staff to Patients’ Forums established for Primary Care Trusts, and advice and assistance to Patients’ Forums and facilitating the co-ordination of their activities,
advising and assisting providers of independent advocacy services in England,
setting quality standards relating to any aspect of —
the way Patients’ Forums exercise their functions, and
the services provided by independent advocacy services in England,
monitoring how successfully they meet those standards, and making recommendations to them about how to improve their performance against those standards,
such other functions in relation to England as may be prescribed.
It is also the function of the Commission to promote the involvement of members of the public in England in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public.
The decisions in question are those made by—
health service bodies,
other public bodies, and
others providing services to the public or a section of the public.
It is also the function of the Commission—
to review the annual reports of Patients’ Forums made under section 18, and
to make, to the Secretary of State or to such other persons or bodies as the Commission thinks fit, such reports or recommendations as the Commission thinks fit concerning any matters arising from those annual reports.
If the Commission—
becomes aware in the course of exercising its functions of any matter connected with the health service in England which in its opinion gives rise to concerns about the safety or welfare of patients, and
is not satisfied that the matter is being dealt with, or about the way it is being dealt with,
the Commission must report the matter to whichever person or body it considers most appropriate (or, if it considers it appropriate to do so, to more than one person or body).
Bodies to whom the Commission might report a matter include—
the regulatory body for the profession of a person working in the health service,
the
The Commission may make such charges as it thinks fit for the provision of advice and other services (but this is subject to any prescribed limitation).
The Secretary of State may by regulations make further provision in relation to the Commission.
The regulations may, in particular, make provision as to the provision of information (including descriptions of information which are or are not to be provided) to the Commission by a Strategic Health Authority, a Special Health Authority, an NHS trust,
Schedule 6 (which makes further provision about the Commission) is to have effect.
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The Community Health Councils established for districts in England under section 20 of the 1977 Act are abolished.
That section shall cease to have effect in its application to the area of any Health Authority established for an area in England and to any Community Health Council established for a district in England.
The Association of Community Health Councils for England and Wales (“
The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.
The Secretary of State may by order make provision—
as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,
as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.
The following fall within this subsection—
the Secretary of State,
a Health Authority established for an area in England,
a Special Health Authority,
an NHS trust,
a Primary Care Trust.
Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.
If section 1 comes into force before this section—
the references to Health Authorities in section 20 of and Schedule 7 to the 1977 Act are to be construed (until this section comes into force) as including references to Strategic Health Authorities, and
the references in this section to Health Authorities established for areas in England are to have effect as references to Strategic Health Authorities.
If this section comes into force before section 1, the reference in subsection (6)(b) to a Health Authority established for an area in England is to be construed, after section 1 comes into force, as a reference to a Strategic Health Authority.
In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) shall 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.
The appropriate authority 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—
prescribed functions of the NHS bodies, and
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.
The arrangements which may be prescribed include arrangements—
for or in connection with the establishment and maintenance of a fund—
which is made up of contributions by one or more NHS bodies and by the prison service, and
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,
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 theirs,
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,
as to the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a), (b) or (c),
as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),
as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).
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.
In this section—
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the Secretary of State, in relation to England, and
the National Assembly for Wales, in relation to Wales,
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It is the duty of —
each local authority in Wales, and
each Local Health Board any part of whose area lies within the area of the local authority,
jointly to formulate and implement a strategy for the health and well-being of members of the public in the local authority’s area (a “
The local authority and the Local Health Board (or Boards) responsible for a health and well-being strategy are referred to below as the “responsible bodies”.
The responsible bodies are to have regard to their strategy in the exercise of their functions.
Each strategy is to be formulated in relation to a period of time to be specified in regulations to be made by the National Assembly for Wales.
The National Assembly for Wales may by regulations make further provision about health and well-being strategies.
The regulations may, in particular, make provision as to—
the imposition of a duty on the responsible bodies to co-operate in formulating their strategy with prescribed persons or descriptions of person (including, for example, NHS trusts, Community Health Councils, voluntary bodies, and local businesses),
steps which the responsible bodies must take before formulating the strategy,
matters which the strategy must address,
publication of the strategy,
monitoring and review by the responsible bodies of the strategy and its implementation,
the production of information and reports by the responsible bodies in relation to the strategy,
the avoidance of duplication in the preparation of health and well-being strategies and other prescribed strategies or plans provided for under any other enactment.
The National Assembly for Wales may—
give directions to local authorities in Wales, Local Health Boards and NHS trusts in connection with health and well-being strategies,
issue guidance to responsible bodies in connection with them.
The power to give directions in subsection (7)(a) is without prejudice to any other power to give directions to the bodies mentioned there.
In this section—
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and references to NHS trusts are to be construed as references to NHS trusts all or most of whose hospitals, establishments and facilities are situated in Wales.