Explanatory note

These Regulations further amend the Community Health Councils Regulations 1996 (“the principal Regulations”).

Regulations 2, 4 and 7 to 11 amend the principal Regulations so as to make provision in relation to Primary Care Trusts. In particular they provide: that a chairman or member of a Primary Care Trust, and a person dismissed from the employment of a relevant Primary Care Trust, are disqualified from membership of a Community Health Council (regulation 4); that Health Authorities must consult a Council on proposals which a Primary Care Trust in their area may have under consideration for substantial variations or developments in the health service in the Council’s district (regulation 8); that Primary Care Trusts must provide information to Councils about the planning and operation of health services in their area, and hold annual meetings with Councils (regulations 9 and 11); and that Councils may inspect premises controlled by Primary Care Trusts (regulation 10).

Regulation 4 also amends regulation 7 of the principal Regulations so as to provide that a chairman, member or director of any Health Authority or NHS trust (not just a relevant authority or trust), a member of another Council and a person dismissed from employment with the Commission for Health Improvement are disqualified for appointment as a member of a Council.

Regulations 5 and 6 amend regulations 13 and 14 of the principal Regulations so as to enable the Secretary of State to provide that a Special Health Authority must employ officers of a Council and make the services of their staff available to a Council.

Regulation 3 makes a minor amendment to regulation 2 of the principal Regulations by providing for the appointment of at least half of the members of a Council to be made by relevant local authorities rather than local authorities in general.