The NHS Bodies and Local Authorities Partnership Arrangements (Amendment) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2001 (“the principal Regulations”).

The principal Regulations make provision for certain NHS bodies and local authorities to enter into specified arrangements (partnership arrangements) in relation to specified functions.

Regulation 3 adds the Council of the Isles of Scilly to the list of local authorities who can enter into partnership arrangements.

Regulation 4 disapplies the consultation requirement in regulation 2 of the principal Regulations in respect of partnership arrangements entered into where those arrangements have been consulted upon in connection with an application for Care Trust designation pursuant to section 45 of the Health and Social Care Act 2001.

Regulation 5 makes amendments to regulation 6 of the principal Regulations. The amendments relate to charging for community care services. In particular it adds section 17 of the Health and Social Services and Social Security Adjudications Act 1983 to the list of functions which, generally, cannot be the subject of partnership arrangements. It also adds sub-paragraphs (k) and (l) to regulation 6 of the principal Regulations which enable the specified functions to be part of partnership arrangements provided the function to which the charging function relates also forms part of those partnership arrangements.

Regulations 6 and 7 make amendments to regulations 8 and 9 of the principal Regulations so that, where the partnership arrangements include charging functions, the partnership agreement must specify what arrangements are in place for determining the services in respect of which a user may be charged and for informing those users about such charges.