National Health Service Reform and Health Care Professions Act 2002

The 1999 Act

69 (1) Section 28 (plans for improving health care, etc) is amended as follows.

(2) In each of subsections (1) and (2), after “Health Authority” there is inserted “and each Primary Care Trust”.

(3) In subsection (3), after “Health Authority” there is inserted “or Primary Care Trust”.

(4) For subsection (4) there is substituted—

“(4) Those bodies are—

(a) any local authority whose area falls wholly or partly within the area of the Health Authority or Primary Care Trust, and

(b) if the plan is a Health Authority's, any NHS trust which provides services at or from a hospital or other establishment or facility which falls within the area of the Health Authority.”

(5) In subsection (5), after “Health Authority” there is inserted “or Primary Care Trust”.

(6) In subsection (6)(h), after “Health Authorities” there is inserted “and Primary Care Trusts”.

(7) For subsection (7) there is substituted—

“(7) In exercising their respective functions—

(a) Health Authorities and Primary Care Trusts must have regard to any plan prepared or reviewed by them under this section,

(b) Strategic Health Authorities must have regard to any plan prepared or reviewed by a Primary Care Trust any part of whose area falls within their area, and

(c) NHS trusts and local authorities must have regard to any plan under this section in relation to which they have participated, and Primary Care Trusts must also do so in relation to plans in which they have participated by virtue of subsection (5).”

(8) In subsection (8)—

(a) after “Health Authority” there is inserted “or Primary Care Trust”, and

(b) in each of paragraphs (a) and (b), for “Authority’s area” there is substituted “area of the Authority or Trust”.