Health Act 1999

28 Plans for improving health etc. E+W

(1) It is the duty of each Health Authority, at such times as the Secretary of State may direct, to prepare a plan which sets out a strategy for improving—

(a) the health of the people for whom they are responsible, and

(b) the provision of health care to such people.

(2) It is the duty of each Health Authority to keep under review any plan prepared by them under this section.

(3) It is the duty of the bodies specified in subsection (4) to participate in the preparation or review by a Health Authority of any plan under this section.

(4) Those bodies are—

(a) any Primary Care Trust whose area falls within the area of the Health Authority,

(b) 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, and

(c) any local authority whose area falls wholly or partly within the area of the Health Authority.

(5) In preparing or reviewing any plan under this section, a Health Authority—

(a) must consult, or seek the participation of, such persons as the Secretary of State may direct, and

(b) may consult, or seek the participation of, such other persons as they consider appropriate.

(6) The Secretary of State may give directions—

(a) as to the periods to be covered by plans under this section,

(b) as to the action to be taken by Health Authorities, Primary Care Trusts, NHS trusts and local authorities in connection with the preparation or review of plans under this section,

(c) as to the matters to be taken into account in connection with the preparation or review of plans under this section,

(d) as to the matters to be dealt with by plans under this section,

(e) as to the form and content of plans under this section,

(f) as to the publication of plans prepared or reviewed under this section,

(g) as to the sharing of information between Health Authorities, Primary Care Trusts, NHS trusts and local authorities in connection with the preparation or review of plans under this section,

(h) as to the provision by Health Authorities of reports or other information to the Secretary of State in connection with plans under this section.

(7) In exercising their respective functions—

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

(b) Primary Care Trusts, NHS trusts and local authorities must have regard to any plan under this section in relation to which they have participated.

(8) For the purposes of this section, the persons for whom a Health Authority are responsible are—

(a) the people in the Authority’s area, and

(b) such of the people outside the Authority’s area as may be specified in directions given by the Secretary of State.

(9) It is the duty of Health Authorities, Primary Care Trusts, NHS trusts and local authorities to comply with any directions under this section which relate to them.

(10) In this section—

• “health care” has the meaning given by section 18(4),

• “local authority” means a county council, a county borough council, a district council, a London borough council or the Common Council of the City of London.

Commencement Information

I1 S. 28 partly in force; s.28 not in force at Royal Assent, see s. 67(1); s. 28 in force for certain purposes (W.) at 1.11.1999 by S.I. 1999/3184 (W.42), art. 2(1), Sch. 1; s. 28 in force (E.) at 1.4.2000 by S.I. 1999/2793, art. 2(3)(b)