Health and Social Care Act 2001

Preliminary steps to be taken E+W

2 (1) Before making a pilot scheme, the [F1 Primary Care Trust or] Health Authority concerned must prepare proposals for the scheme and submit them to the relevant authority.

(2) But proposals may be submitted by a [F1 Primary Care Trust or] Health Authority only with the agreement of the other proposed participants.

(3) In preparing proposals for a pilot scheme, a [F1 Primary Care Trust or] Health Authority must comply with any directions given to them by the relevant authority as to—

(a) the matters to be dealt with, and information to be included, in the proposals; and

(b) the procedure to be followed by the [F1 Primary Care Trust or] Health Authority.

(4) Before submitting proposals for a pilot scheme, a [F1 Primary Care Trust or] Health Authority must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to them by the relevant authority about the extent to which, and manner in which, they are to consult on the proposals.

(5) The relevant authority may give directions—

(a) requiring a [F1 Primary Care Trust or] Health Authority to submit proposals to the relevant authority;

(b) as to the matters to which a [F1 Primary Care Trust or] Health Authority must have regard in making any recommendation to the relevant authority when submitting proposals for a pilot scheme;

(c) as to the form in which any such recommendation must be made;

(d) requiring [F2 Primary Care Trusts and] Health Authorities to provide the relevant authority with summaries (prepared and presented in the manner specified in the directions) of all requests received by them during the period specified in the directions.

(6) A direction under this paragraph may be given so as to apply—

(a) generally in circumstances specified in the direction; or

(b) in relation to a particular case.

Textual Amendments

F1 Words in Sch. 2 para. 2 inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 80(a); S.I. 2002/2478, art. 3(1) (subject to art. 3(3))

F2 Words in Sch. 2 para. 2(5)(d) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 80(b); S.I. 2002/2478, art. 3(1) (subject to art. 3(3))

Commencement Information

I1 Sch. 2 para. 2 wholly in force at 1.7.2002; Sch. 2 para. 2 not in force at Royal Assent, see s. 70(2); Sch. 2 para. 2 in force for E. at 8.3.2002 by S.I. 2002/1095, art. 2(4) (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); Sch. 2 para. 2 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1