28 Plans for improving health etc.E+W
(1)It is the duty of each Health Authority [F1and each Primary Care Trust], 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 [F1and each Primary Care Trust] 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 [F2or Primary Care Trust] of any plan under this section.
[F3(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 preparing or reviewing any plan under this section, a Health Authority [F4or Primary Care Trust]—
(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 [F5Strategic Health Authorities,] 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 [F5Strategic Health Authorities,] 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 [F6Strategic Health Authorities,] Health Authorities [F7and Primary Care Trusts] of reports or other information to the Secretary of State in connection with plans under this section.
[F8(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)For the purposes of this section, the persons for whom a Health Authority [F9or Primary Care Trust] are responsible are—
(a)the people in the [F10area of the Authority or Trust] , and
(b)such of the people outside the [F10area of the Authority or Trust] as may be specified in directions given by the Secretary of State.
(9)It is the duty of [F11Strategic Health Authorities,] 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.
Textual Amendments
F1Words in s. 28(1)(2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(2); S.I. 2002/2478, {art. 3(1)(d) }(subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F2Words in s. 28(3) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(3); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F3S. 28(4) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(4); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F4Words in s. 28(5) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(5); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F5Words in s. 28(6)(b)(g) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), Sch. 1 para. 52(a)(i); S.I. 2002/2478, art. 3(1)(c) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F6Words in s. 28(6)(h) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), Sch. 1 para. 52(a)(ii); S.I. 2002/2478, art. 3(1)(c) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F7Words in s. 28(6)(h) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(6); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F8S. 28(7) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(7); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F9Words in s. 28(8) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(8)(a); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F10Words in s. 28(8)(a)(b) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 69(8)(b); S.I. 2002/2478, art. 3(1)(d) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
F11Words in s. 28(9) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), Sch. 1 para. 52(b); S.I. 2002/2478, art. 3(1)(c) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)
Commencement Information
I1S. 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)