Regulation 2 Consultation requirements for Strategic Health Authority Orders

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 2(2)(b) words inserted by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 art. 3(2) Sch. 2
reg. 2(2)(f) words inserted by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 art. 3(2) Sch. 2
reg. 2(2)(e) omitted by Local Involvement Networks 2008 Sch. para. 4(2)(a)(i)
reg. 2(2)(f) substituted by Local Involvement Networks 2008 Sch. para. 4(2)(a)(ii)
reg. 2(2)(g) omitted by Local Involvement Networks 2008 Sch. para. 4(2)(a)(iii)
reg. 2(3) inserted by Local Involvement Networks 2008 Sch. para. 4(2)(b)

(1)

For the purposes of section 8(5) of the Act, the prescribed consultation which must be completed before the Secretary of State may make a Strategic Health Authority Order is—

(a)

consultation by the Strategic Health Authority which is the subject of the proposed Order; or

(b)

in the case of an Order to establish a new Strategic Health Authority, by any Strategic Health Authority which would be abolished or varied as a result of the proposed Order,

with the bodies listed in paragraph (2).

(2)

The bodies referred to in paragraph (1) are—

(a)

any Primary Care Trust whose area falls, wholly or partly, within the area of the Strategic Health Authority;

(b)

any NHS trust which provides goods or services to persons for whom a Primary Care Trust, whose area falls wholly or partly within the area of the Strategic Health Authority, is responsible, unless the amount of goods or level of services is, in the opinion of the Strategic Health Authority, not significant;

(c)

any local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;

(d)

any overview and scrutiny committee (including any joint overview and scrutiny committee^f1) of a local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;

(e)

the Commission for Patient and Public Involvement in Health^f2;

(f)

any Patients' Forum^f3 established for a Primary Care Trust or for a NHS trust with which consultation is required under sub-paragraph (a) or (b);

(g)

any Community Health Council^f4 whose area falls, wholly or partly, within the area of the Strategic Health Authority;

(h)

such voluntary organisations as appear to the Strategic Health Authority to represent the interests of persons who are provided with health services under the 1977 Act in its area; and

(i)

such other persons as the Strategic Health Authority considers appropriate.

Annotations

Footnotes

f1: See regulation 7 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 S.I. 2002/3048.
f2: See section 20 of the 2002 Act.
f3: See section 15 of the 2002 Act.
f4: Community Health Councils are abolished by the 2002 Act, section 22, which is not yet in force.