3[F1Secretary of State's duty as to provision of certain services][F1Duties of clinical commissioning groups as to commissioning certain health services]E+W
(1)The Secretary of State must provide throughout England, to such extent as he considers necessary to meet all reasonable requirements—
(a)hospital accommodation,
(b)other accommodation for the purpose of any service provided under this Act,
(c)medical, dental, ophthalmic, nursing and ambulance services,
(d)such other services or facilities for the care of pregnant women, women who are breastfeeding and young children as he considers are appropriate as part of the health service,
(e)such other services or facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service,
(f)such other services or facilities as are required for the diagnosis and treatment of illness.
[F2(1A)For the purposes of this section, a clinical commissioning group has responsibility for—
(a)persons who are provided with primary medical services by a member of the group, and
(b)persons who usually reside in the group's area and are not provided with primary medical services by a member of any clinical commissioning group.
(1B)Regulations may provide that for the purposes of this section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or facility) for persons who—
(a)were provided with primary medical services by a person who is or was a member of the group, or
(b)have a prescribed connection with the group's area.
(1C)The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the provision of services or facilities for emergency care, a clinical commissioning group has responsibility for every person present in its area.
(1D)Regulations may provide that subsection (1A) does not apply—
(a)in relation to persons of a prescribed description (which may include a description framed by reference to the primary medical services with which the persons are provided);
(b)in prescribed circumstances.
(1E)The duty in subsection (1) does not apply in relation to a service or facility if the Board has a duty to arrange for its provision.]
[F3(1F)In exercising its functions under this section and section 3A, a clinical commissioning group must act consistently with—
(a)the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a comprehensive health service), and
(b)the objectives and requirements for the time being specified in the mandate published under section 13A.]
(2)[F4For the purposes of the duty in subsection (1), services provided under—
(a)section 83(2) (primary medical services), section 99(2) (primary dental services) or section 115(4) (primary ophthalmic services), or
(b)a general medical services contract, a general dental services contract or a general ophthalmic services contract,
must be regarded as provided by the Secretary of State.]
(3)[F4This section does not affect Chapter 1 of Part 7 (pharmaceutical services).]
Textual Amendments
F1S. 3 heading substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 13(6), 306(1)(d)(4)
F2S. 3(1A)-(1E) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 13(3), 306(1)(d)(4)
F3S. 3(1F) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 13(4), 306(1)(d)(4)
F4S. 3(2)(3) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 13(5), 306(1)(d)(4)