The Commission for Healthcare Audit and Inspection (Explanation, Statements of Action and Co-operation) Regulations 2004

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Explanation, Statements of Action and Co-operation) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations apply to England and Wales.

(3) In these Regulations—

“the Act” means the Health and Social Care (Community Health and Standards) Act 2003;

“relevant Primary Care Trust” means, in relation to an NHS trust (1) or NHS foundation trust(2), any Primary Care Trust the area of which falls wholly or partly within the area of the relevant Strategic Health Authority for that NHS trust or NHS foundation trust, where that Primary Care Trust has made arrangements to provide services with the NHS trust or NHS foundation trust;

“relevant Strategic Health Authority” means—

(a)

in relation to a Primary Care Trust—

(i)

where the area of the Primary Care Trust falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or

(ii)

where the area of the Primary Care Trust falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities; and

(b)

in relation to an NHS trust or NHS foundation trust, the Strategic Health Authority in the area of which all or most of the hospitals, establishments and facilities of the NHS trust or NHS foundation trust are situated;

“service provider” means a person who provides, has provided or is to provide health care for an NHS body (3).

(4) In this regulation, any reference to the area of a Primary Care Trust, or of a Strategic Health Authority, is a reference to the area for which the Primary Care Trust or Strategic Health Authority is established(4).

(1)

See section 148 of the Act for the definition of “NHS trust”.

(2)

NHS foundation trusts are established under Part 1 of the Act.

(3)

See section 149 of the Act as to how references to the provision of health care by one person for another person are to be construed. See section 45(2) of the Act for the definition of “health care”. See section 148 of the Act for the definition of “NHS body”.

(4)

Primary Care Trusts are established by order made under section 16A of the National Health Service Act 1977 (c. 49); Strategic Health Authorities are established by order made under section 8 of that Act.