Health Act 1999

X1 28 Plans for improving health etc. E+W

(1) It is the duty of each Health Authority [F1 , each Local Health Board][F2 and 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 [F3 , each Local Health Board][F2 and 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 [F4 , Local Health Board][F5 or Primary Care Trust] of any plan under this section.

[F6 (4) Those bodies are—

(a) any local authority whose area falls wholly or partly within the area of the Health Authority [F7 , Local Health Board] or Primary Care Trust, and

(b) if the plan is a Health Authority’s, [F8 or a Local Health Board'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 [F9 or Local Health Board].]

(5) In preparing or reviewing any plan under this section, a Health Authority [F10 , Local Health Board][F11 or 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 [F12 Strategic Health Authorities,] Health Authorities, [F13 Local Health Boards,] 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 [F12 Strategic Health Authorities,] Health Authorities, [F14 Local Health Boards,] 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 [F15 Strategic Health Authorities,] Health Authorities [F16 Local Health Boards,][F17 and Primary Care Trusts] of reports or other information to the Secretary of State in connection with plans under this section.

[F18 (7) In exercising their respective functions—

(a) Health Authorities [F19 Local Health Boards] 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 [F20 , Local Health Board][F21 or Primary Care Trust] are responsible are—

(a) the people in the [F22 area of the Authority [F23 , Board] or Trust] , and

(b) such of the people outside the [F22 area of the Authority [F24 , Board] or Trust] as may be specified in directions given by the Secretary of State.

(9) It is the duty of [F25 Strategic Health Authorities,] Health Authorities, [F26 Local Health Boards,] 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.

Editorial Information

X1 Editorial Note: The definition of health care in s. 28(10) was substituted by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 5, the amendment coming into force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act). The amendment was superseded by the repeal of s. 28 on 1.3.2007 by the National Health Service (Consequential Provisions) Act 2006 c. 43, ss. 6, 8(1), Sch. 4

Textual Amendments

F1 Words in s. 28(1) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 6

F2 Words 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)

F3 Words in s. 28(2) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 7

F4 Words in s. 28(3) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 8

F5 Words 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)

F6 S. 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)

F7 Words in s. 28(4)(a) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 9

F8 Words in s. 28(4)(b) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 10

F9 Words in s. 28(4)(b) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 10

F10 Words in s. 28(5) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 11

F11 Words 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)

F12 Words 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)

F13 Words in s. 28(6)(b) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 12

F14 Words in s. 28(6)(g) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 13

F15 Words 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)

F16 Words in s. 28(6)(h) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 14

F17 Words 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)

F18 S. 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)

F19 Words in s. 28(7)(a) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 15

F20 Words in s. 28(8) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 16

F21 Words 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)

F22 Words 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)

F23 Words in s. 28(8)(a) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 17

F24 Words in s. 28(8)(b) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 18

F25 Words 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)

F26 Words in s. 28(9) inserted (W.) (31.3.2003) by The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154), regs. 1(2), 7, Sch. para. 19

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)