National Health Service Act 2006

Chapter 2 E+W Public involvement and consultation

242 Public involvement and consultation E+W

(1) This section applies to—

(a) Strategic Health Authorities,

(b) Primary Care Trusts,

(c) NHS trusts, and

(d) NHS foundation trusts.

(2) Each body to which this section applies must make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on—

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(c) decisions to be made by that body affecting the operation of those services.

(3) For the purposes of this section a body is responsible for health services—

(a) if the body provides or will provide those services to individuals, or

(b) if another person provides, or will provide, those services to individuals—

(i) at that body's direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by that body with that other person,

and references in this section to the provision of services include references to the provision of services jointly with another person.

(4) Subsection (5) applies to health services for which a Strategic Health Authority is not responsible by virtue of subsection (3), but which are or will be provided to individuals in the area of the Strategic Health Authority, and for which—

(a) a Primary Care Trust any part of whose area falls within the Strategic Health Authority's area, or

(b) an NHS trust which provides services at or from a hospital or other establishment or facility which falls within the Strategic Health Authority's area,

is responsible by virtue of subsection (3).

(5) A Strategic Health Authority may give directions to Primary Care Trusts falling within paragraph (a) of subsection (4), and NHS trusts falling within paragraph (b) of that subsection, as to the arrangements which they are to make under subsection (2) in relation to health services to which this subsection applies.

[F1 242A Strategic Health Authorities: further duty to involve users E+W

(1) The Secretary of State must by regulations require each Strategic Health Authority to make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in prescribed matters.

(2) In this section “ health service users ” means persons to whom health services are being or may be provided in the area of the Strategic Health Authority.

(3) A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority's duty under regulations under this section.

(4) The guidance mentioned in subsection (3) includes (in particular)—

(a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under the regulations is to be carried out;

(b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.

(5) Any duty of a Strategic Health Authority under regulations under this section is in addition to the authority's duty under section 242(1B).

Textual Amendments

F1 Ss. 242A, 242B inserted (26.9.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 233(5), 245(5); S.I. 2008/2434, art. 2(1)

242B Directions in cases where Strategic Health Authority arranges involvement E+W

(1) The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements.

(2) The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority.

(3) Regulations under this section may include provision—

(a) for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction,

(b) enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case,

(c) requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority,

(d) requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust,

(e) enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement.]

Textual Amendments

F1 Ss. 242A, 242B inserted (26.9.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 233(5), 245(5); S.I. 2008/2434, art. 2(1)

F2 243 The Commission for Patient and Public Involvement in Health E+W

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Textual Amendments

F2 S. 243 repealed (1.4.2008 for the purpose of the omission of s. 243(2)(d)(f)(i)) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 232(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.