Health and Social Care Act 2001

Public involvement and consultation E+W

11 Public involvement and consultation E+W

(1) It is the duty of every body to which this section applies to 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.

(2) This section applies to—

[F1 (za) Strategic Health Authorities,]

(a) Health Authorities,

(b) Primary Care Trusts, F2 ...

(c) NHS trusts.

[F3 (d) NHS foundation trusts]

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

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

(b) if another person provides, or is to 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.

[F4 (4) Subsection (5) applies to health services for which a Strategic Health Authority is not responsible by virtue of subsection (3), but which are provided or to be provided to individuals in the area of the Authority, and for which—

(a) a Primary Care Trust any part of whose area falls within the 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 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 (1) in relation to health services to which this subsection applies.

(6) It is the duty of each Primary Care Trust and each NHS trust to which such directions are given to comply with them.]

Textual Amendments

F1 S. 11(2)(za) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 35(a); S.I. 2002/2478, art. 3(1) (subject to art. 3(3))

F2 Word in s. 11(2)(b) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 1; S.I. 2004/759, art. 12

F3 S. 11(2)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 30, 199(1)(4); S.I. 2004/759, art. 2

F4 S. 11(4)-(6) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 35(b); S.I. 2002/2478, art. 3(1) (subject to art. 3(3))

Commencement Information

I1 S. 11 partly in force; s. 11 not in force at Royal Assent see s. 70(2); s. 11 in force for W. at 1.12.2002 by S.I. 2002/1475, art. 2(2), Sch. Pt. 2

I2 S. 11 in force at 1.1.2003 for E. by S.I. 2003/53, art. 3(a)