The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No.2) Regulations 2008

Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002

6.—(1) Regulation 6 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002(1) (limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts) is amended as follows.

(2) In paragraph (3) for “The” substitute “Subject to paragraph (3A), the”.

(3) After paragraph (3) insert—

“(3A) A Strategic Health Authority may exercise the power under section 2 of the Act (Secretary of State’s general power as to services) to make arrangements, as respects health services for which a relevant Primary Care Trust is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in matters relating to the provision of those services.

(3B) In paragraph (3A)—

(a) “health services” means services provided under the Act; and

(c) “relevant Primary Care Trust”, in relation to a Strategic Health Authority, means a Primary Care Trust any part of whose area falls within the area of that Strategic Health Authority.

(3C) For the purposes of paragraph (3A) a Primary Care Trust is responsible for health services—

(a) if the Primary Care Trust provides or will provide those services to individuals, or

(b) if another person provides, or will provide, those services to individuals—

(i) at the Primary Care Trust’s direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by that Primary Care Trust with that other person.

(3D) For the purposes of paragraph (3A) a person is a “user” of health services if the person is someone to whom those services are being or may be provided.”

(1)

S.I. 2002/2375; regulation 6 was amended by S.I. 2004/865, 2006/562 and 2007/1818.