Part 1Promotion and provision of the health service in England

Arrangements for the provision of certain health services

3F1Duties of clinical commissioning groups as to commissioning certain health services

(1)

F2A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility —

(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 F3as the group 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 F3as the group 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.

F4(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.

F5(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.

F6(2)

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F6(3)

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