Health and Social Care Act 2001

Effect of proposals on existing services E+W

5 (1) Proposals for a pilot scheme submitted under paragraph 2, or included in an application for preliminary approval of proposals under paragraph 4, must include—

(a) an assessment by the [F1 Primary Care Trust or] Health Authority of the likely effect of the implementation of the proposals in the [F2 area of the Primary Care Trust or Health Authority] on the services mentioned in sub-paragraph (2);

(b) any assessment supplied to the [F1 Primary Care Trust or] Health Authority by another [F1 Primary Care Trust or] Health Authority under sub-paragraph (4).

(2) The services are—

(a) pharmaceutical services (within the meaning of section 41 of the 1977 Act);

(b) local pharmaceutical services provided under existing pilot schemes or LPS schemes (within the meaning of Schedule 8A to the 1977 Act);

[F3 (c) primary medical services provided under Part 1 of the 1977 Act.]

(3) If it appears to a [F1 Primary Care Trust or] Health Authority that the proposals would, if implemented, affect any of the services mentioned in sub-paragraph (2) provided in the area of another [F1 Primary Care Trust or] Health Authority, they must consult that other [F1 Primary Care Trust or] Health Authority about the proposals before submitting them under paragraph 2 or including them in an application for preliminary approval under paragraph 4.

(4) A [F1 Primary Care Trust or] Health Authority consulted under sub-paragraph (3) must prepare an assessment of the likely effect of the implementation of the proposals on those services and supply it to the [F1 Primary Care Trust or] Health Authority which consulted them.

Textual Amendments

F1 Words in Sch. 2 para. 5 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. 5(1)(a) substituted (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(c); S.I. 2002/2478, art. 3(1) (subject to art. 3(3))

F3 Sch. 2 para. 5(2)(c) substituted for Sch. 2 para. 5(2)(c)(d) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 73; S.I. 2004/288, art. 5(2)(y) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(cc) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Commencement Information

I1 Sch. 2 para. 5 wholly in force at 1.7.2002; Sch. 2 para. 5 not in force at Royal Assent, see s. 70(2); Sch. 2 para. 5 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. 5 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1