The Delayed Discharges (England) Regulations 2003

Application for assistance with the resolution of a dispute

14.—(1) Subject to paragraph (3), where—

(a) a dispute arises between two or more public authorities about matters arising under or in relation to Part 1 of the Act; and

(b) the public authorities concerned have not been able to resolve the dispute informally,

any of those public authorities may apply in writing to the Strategic Health Authority in whose area it is situated for the appointment of a panel in accordance with regulation 15.

(2) In paragraph (1) a public authority is situated in a Strategic Health Authority’s area if—

(a) in the case of a National Health Service trust, all or most of the hospitals, establishments and facilities managed by that trust are situated in the area of the Strategic Health Authority;

(b) in the case of a Primary Care Trust, all or most of that Trust’s area is situated within the area of the Strategic Health Authority;

(c) in the case of a social services authority, all or most of that social services authority’s area is situated within the area of the Strategic Health Authority.

(3) Where a dispute arises involving two or more public authorities and at least one of those authorities is situated in a different Strategic Health Authority’s area than the other or others, the Strategic Health Authority in whose area the responsible NHS body is situated shall be the Strategic Health Authority to which the public authorities shall apply for the appointment of a panel under paragraph (1).

(4) Paragraph (1) does not apply to any dispute about the ordinary residence of a person who is or is expected to become a qualifying hospital patient.