Explanatory note

These Regulations make provision relating to the designation of Primary Care Trusts and NHS trusts as Care Trusts under section 45(1) of the Health and Social Care Act 2001 (“the 2001 Act”).

Regulation 2 prescribes health-related functions of local authorities and NHS functions for the purposes of section 45(1) of the 2001 Act. The functions prescribed are those set out in regulations 5 and 6 of the NHS Bodies and Local Authorities Partnership Regulations 2000.

Regulation 3 prescribes bodies for the purposes of section 45(2) of the 2001 Act, that is those bodies who are required jointly to make an application for Care Trust status.

Regulation 4 provides for consultation before an application for Care Trust designation may be made.

Regulation 5 provides that an application for Care Trust designation shall be in writing and sets out what information must be included in such an application.

Regulation 6 sets out the circumstances in which consultation required under regulation 4 may be combined with other consultation exercises.

Regulation 7 provides for consultation before an application for revocation of Care Trust status may be made, and sets out that the application shall be in writing and what information shall be included in such an application.

Regulations 8 and 9 amend the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 and the National Heath Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 so that the Secretary of State does not need to consult the Primary Care Trust or NHS trust (as the case may be) before making an amendment to the establishment order of the trust if the only purpose of the amendment is to designate the trust as a Care Trust.