Office of Public Sector Information
(1) The Strategic Health Authorities established by the Secretary of State continue in existence.
(2) But the Secretary of State may by order—
(a) vary the area in England for which a Strategic Health Authority is established,
(b) abolish a Strategic Health Authority,
(c) establish a new Strategic Health Authority for an area in England,
(d) change the name by which a Strategic Health Authority is known.
(3) A Strategic Health Authority is called such name, in addition to the title “Strategic Health Authority”, as—
(a) appears to the Secretary of State appropriately to signify the connection of the authority with the area for which it is established, and
(b) is specified in the order establishing the authority or in an order changing the name by which the authority is known.
(4) No order may be made under this section until after the completion of such consultation as may be prescribed.
(5) Consultation requirements in regulations under subsection (4) are in addition to, and not in substitution for, any other consultation requirements which may apply.
(6) The Secretary of State must act under this section so as to ensure that the areas for which Strategic Health Authorities are at any time established together comprise the whole of England.
(7) The power under section 272(8) to make incidental or supplemental provision includes, in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property and liabilities.
(8) The liabilities which may be transferred by virtue of this section and section 272(8) to a relevant transferee on the abolition of a Strategic Health Authority include criminal liabilities.
(9) “Relevant transferee” means—
(a) another Strategic Health Authority,
(b) a Primary Care Trust,
(c) an NHS trust,
(d) a Special Health Authority, or
(e) an NHS foundation trust.
(10) Schedule 2 makes further provision about Strategic Health Authorities.
(1) This section applies to functions exercisable by a Strategic Health Authority under or by virtue of this Act (including this section) or any prescribed provision of any other Act.
(2) Regulations may provide for any of the functions to be exercised—
(a) by another Strategic Health Authority,
(b) by a Special Health Authority, or
(c) jointly with any one or more of the bodies mentioned in subsection (3).
(3) The bodies are—
(a) Primary Care Trusts,
(b) Local Health Boards,
(c) other Strategic Health Authorities.
(4) Regulations may provide—
(a) for any functions to which this section applies to be exercised, on behalf of the Strategic Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Strategic Health Authority,
(b) for any functions exercisable jointly under subsection (2)(c) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.
(1) A Strategic Health Authority may, in relation to any specified function of the Strategic Health Authority, direct a Primary Care Trust any part of whose area falls within the Strategic Health Authority’s area to exercise the function.
(2) But a Strategic Health Authority may not so direct a Primary Care Trust in relation to any functions of the Strategic Health Authority arising under section 92 arrangements or section 107 arrangements if the Primary Care Trust is providing any services in accordance with those arrangements.
(3) The Secretary of State may direct Strategic Health Authorities that specified functions of theirs—
(a) are exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts, or
(b) are not exercisable by Primary Care Trusts,
and that the power in subsection (1) must be exercised accordingly.
(4) Directions under subsection (3)(a) may include directions that any of the specified functions must be exercised (or exercised to, or only to, any specified extent) jointly with the Strategic Health Authority, or jointly by two or more Primary Care Trusts.
(5) But such directions may be given only if regulations providing for the joint exercise of those functions have been made under section 14 or 19.
(6) “Specified” means specified in the directions.
(1) Each Strategic Health Authority must, in accordance with regulations, perform such functions in relation to section 92 arrangements and section 107 arrangements as may be prescribed.
(2) The regulations may, in particular—
(a) prescribe functions in relation to training,
(b) provide for appeals to the Secretary of State or a prescribed body in relation to prescribed functions.
Each Strategic Health Authority must make arrangements with a view to securing that it receives advice appropriate for enabling it effectively to exercise the functions exercisable by it from persons with professional expertise relating to the physical or mental health of individuals.
(1) The Primary Care Trusts established by the Secretary of State continue in existence.
(2) But the Secretary of State may by order (a “PCT order”)—
(a) vary the area in England for which a Primary Care Trust is established,
(b) abolish a Primary Care Trust,
(c) establish a new Primary Care Trust for the area in England specified in the order with a view to it exercising functions in relation to the health service.
(3) The Secretary of State must act under this section so as to ensure that the areas for which Primary Care Trusts are at any time established together comprise the whole of England.
(4) A Primary Care Trust must exercise its functions in accordance with any prohibitions or restrictions in a PCT order relating to it.
(5) If any consultation requirements apply, they must be complied with before a PCT order is made.
(6) “Consultation requirements” means requirements about consultation contained in regulations.
(7) Regulations must impose requirements about consultation where a PCT order establishes a Primary Care Trust.
(8) Schedule 3 makes further provision about Primary Care Trusts.
(1) This section applies to functions exercisable by a Primary Care Trust under or by virtue of this Act (including this section) or any prescribed provision of any other Act.
(2) Regulations may provide for any functions to which this section applies to be exercised—
(a) by another Primary Care Trust,
(b) by a Special Health Authority, or
(c) jointly with any one or more of the bodies mentioned in subsection (3).
(3) The bodies are—
(a) Strategic Health Authorities,
(b) NHS trusts,
(c) Local Health Boards, and
(d) other Primary Care Trusts.
(4) Regulations may provide—
(a) for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the Primary Care Trust,
(b) for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more Strategic Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.
(5) Subsection (6) applies where, by virtue of subsection (2)(b), a Special Health Authority exercises functions of a Primary Care Trust in relation to a general dental services contract.
(6) The Secretary of State may by order make provision for the transfer to the Special Health Authority of the rights and liabilities of the Primary Care Trust under the contract (and for their transfer back to the Primary Care Trust where the Special Health Authority ceases to exercise the functions).
(1) A Strategic Health Authority may give directions to a Primary Care Trust about its exercise of any function.
(2) Directions under this section are subject to any directions given under section 8.
(1) A Primary Care Trust may provide services under an agreement under—
(a) section 92 (primary medical services), or
(b) section 107 (primary dental services),
and may do so as a member of a qualifying body (within the meaning given by section 93 or section 108).
(2) A Primary Care Trust may arrange for the provision by it to another health service body of goods or services which are of the same description as those which, at the time of making the arrangement, the Primary Care Trust has power to provide in carrying out its other functions.
(3) A Primary Care Trust may provide premises for the use of persons—
(a) providing pharmaceutical services, or
(b) providing or performing primary medical services, primary dental services or primary ophthalmic services,
on any terms it considers appropriate.
(4) A Primary Care Trust which manages any health service hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the Primary Care Trust in respect of the accommodation or services.
(5) A Primary Care Trust has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (c. 49) (provision of goods, services etc), other than make accommodation or services available for patients at any health service hospital it manages, for the purpose of making additional income available for improving the health service.
(6) A Primary Care Trust may exercise a power conferred by subsection (4) or (5) only—
(a) to the extent that its exercise does not to any significant extent interfere with the performance by the Primary Care Trust of its functions or of its obligations under NHS contracts or under agreements or arrangements made with NHS foundation trusts, and
(b) in circumstances specified in directions under section 8, with the Secretary of State’s consent.
(7) In this section—
“health service body” means a body which is a health service body for the purposes of section 9,
“hospital” includes any establishment or facility managed for the purposes of the health service.
Each Primary Care Trust must, in accordance with regulations—
(a) administer the arrangements made in pursuance of this Act for the provision for its area of primary medical services, primary dental services, primary ophthalmic services, pharmaceutical services and local pharmaceutical services, and
(b) perform such management and other functions relating to those services as may be prescribed.
Each Primary Care Trust must make arrangements with a view to securing that it receives advice appropriate for enabling it effectively to exercise the functions exercisable by it from persons with professional expertise relating to the physical or mental health of individuals.
(1) Each Primary Care Trust must, at such times as the Secretary of State may direct, prepare a plan which sets out a strategy for improving—
(a) the health of the people for whom it is responsible, and
(b) the provision of health care to such people.
(2) Each Primary Care Trust must keep under review any plan prepared by it under this section.
(3) Each local authority whose area falls wholly or partly within the area of a Primary Care Trust must participate in the preparation or review by the Primary Care Trust of any plan under this section.
(4) In preparing or reviewing any plan under this section, a Primary Care Trust—
(a) must consult, or seek the participation of, such persons as the Secretary of State may direct, and
(b) may consult, or seek the participation of, such other persons as it considers appropriate.
(5) The Secretary of State may give directions as to—
(a) the periods to be covered by plans under this section,
(b) the action to be taken by Strategic Health Authorities, Primary Care Trusts and local authorities in connection with the preparation or review of plans under this section,
(c) the matters to be taken into account in connection with the preparation or review of plans under this section,
(d) the matters to be dealt with by plans under this section,
(e) the form and content of plans under this section,
(f) the publication of plans prepared or reviewed under this section,
(g) the sharing of information between Strategic Health Authorities, Primary Care Trusts, Local Health Boards and local authorities in connection with the preparation or review of plans under this section or section 17 of the National Health Service (Wales) Act 2006 (c. 42),
(h) the provision by Strategic Health Authorities, Primary Care Trusts and Local Health Boards of reports or other information to the Secretary of State in connection with plans under this section or section 17 of the National Health Service (Wales) Act 2006 (c. 42).
(6) In exercising its functions—
(a) a Primary Care Trust must have regard to any plan prepared or reviewed by it, and to any plan in relation to which it has participated by virtue of subsection (4).
(b) a Strategic Health Authority must have regard to any plan prepared or reviewed by a Primary Care Trust any part of whose area falls within its area, and
(c) a local authority must have regard to any plan in relation to which it has participated.
(7) For the purposes of this section, the persons for whom a Primary Care Trust is responsible are—
(a) the people in the area of the Primary Care Trust, and
(b) such of the people outside the area as may be specified in directions given by the Secretary of State.
(8) “Health care” means—
(a) services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and
(b) the promotion and protection of public health.
(1) The Secretary of State may by order establish bodies, called National Health Service trusts (“NHS trusts”), to provide goods and services for the purposes of the health service.
(2) An order under subsection (1) is referred to in this Act as “an NHS trust order”.
(3) No NHS trust order may be made until after the completion of such consultation as may be prescribed.
(4) Schedule 4 makes further provision about NHS trusts.
An NHS trust must exercise its functions effectively, efficiently and economically.
Schedule 5 makes provision about the financing of NHS trusts.
(1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.
(2) The Secretary of State may make such further provision relating to a body established under subsection (1) as he considers appropriate.
(3) A body established under this section is called a Special Health Authority.
(4) An order may, in particular, contain provisions as to—
(a) the membership of the body established by the order,
(b) the transfer to the body of officers, property and liabilities, and
(c) the name of the body.
(5) The liabilities which may be transferred by virtue of this section, section 272(8) and section 273(1) to an NHS body on the abolition of a Special Health Authority include criminal liabilities.
(6) In this Act (apart from in Schedule 15) “NHS body” means—
(a) a Strategic Health Authority,
(b) a Primary Care Trust,
(c) an NHS trust,
(d) a Special Health Authority,
(e) an NHS foundation trust, and
(f) a Local Health Board.
(7) The Secretary of State must, before he makes an order under this section, consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.
(8) Schedule 6 makes further provision about Special Health Authorities.
(1) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 7 to be exercised—
(a) by another Special Health Authority, or
(b) jointly with one or more other Special Health Authorities.
(2) Regulations may provide—
(a) for any functions which are exercisable by a Special Health Authority under section 7, section 14, section 19 or this section to be exercised on behalf of that Special Health Authority by a committee, sub-committee or officer of the Special Health Authority,
(b) for any functions exercisable jointly under subsection (1)(b) to be exercised, on behalf of the Special Health Authorities in question, by a joint committee or joint sub-committee.
(1) An NHS foundation trust is a public benefit corporation which is authorised under this Chapter to provide goods and services for the purposes of the health service in England.
(2) A public benefit corporation is a body corporate which, in pursuance of an application under this Chapter, is constituted in accordance with Schedule 7.
(1) There continues to be a body corporate known as the Independent Regulator of NHS Foundation Trusts (referred to in this Act as “the regulator”).
(2) Schedule 8 makes further provision about the regulator.
The regulator must exercise its functions in a manner consistent with the performance by the Secretary of State of his duties under sections 1, 3 and 258.
(1) An NHS trust may make an application to the regulator for authorisation to become an NHS foundation trust, if the application is supported by the Secretary of State.
(2) The application must—
(a) describe the goods and services which the applicant proposes should be provided by the NHS foundation trust, and
(b) be accompanied by a copy of the proposed constitution of the NHS foundation trust,
and must give any further information which the regulator requires the applicant to give.
(3) The applicant may modify the application with the agreement of the regulator at any time before authorisation is given under section 35.
(4) Once an NHS trust has made the application—
(a) the provisions of the proposed constitution which give effect to paragraphs 3 to 19 of Schedule 7 have effect, but only for the purpose of establishing the initial membership of the NHS foundation trust and of the board of governors, and the initial directors, and enabling the board of governors and board of directors to make preparations for the performance of their functions,
(b) the NHS trust may do anything (including the things mentioned in paragraph 14 of Schedule 4) which appears to it to be necessary or expedient for the purpose of preparing it for NHS foundation trust status.
(1) An application may be made to the regulator by persons (other than an NHS trust) to be incorporated as a public benefit corporation and authorised to become an NHS foundation trust, if the application is supported by the Secretary of State.
(2) The application must—
(a) describe the goods and services which the applicants propose should be provided by the NHS foundation trust, and
(b) be accompanied by a copy of the proposed constitution of the NHS foundation trust,
and must give any further information which the regulator requires the applicants to give.
(3) If it appears to the regulator that—
(a) provision of the goods and services described in the application is likely to assist in the performance of the duties mentioned in section 32,
(b) the trust as proposed to be constituted will be able to provide those goods and services, and
(c) the proposed constitution accords with Schedule 7 and is otherwise appropriate,
the regulator may issue a certificate of incorporation.
(4) The applicants may modify the application with the agreement of the regulator at any time before the certificate is issued.
(5) On the issue of the certificate, the applicants are incorporated as a public benefit corporation.
(6) The certificate is conclusive evidence of incorporation.
(7) Once the certificate has been issued—
(a) the proposed constitution has effect, but the applicants may exercise the functions of the corporation on its behalf until a board of directors is appointed in accordance with the constitution,
(b) the corporation may do anything (including the things mentioned in section 47) which appears to it to be necessary or expedient for the purpose of preparing it for NHS foundation trust status.
(1) The regulator may give an authorisation under this section—
(a) to an NHS trust which has applied under section 33, or
(b) to a public benefit corporation,
if the regulator is satisfied as to the following matters.
(2) The matters are that—
(a) the applicant’s constitution will be in accordance with Schedule 7 and will otherwise be appropriate,
(b) the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
(c) there will be a board of governors, and a board of directors, constituted in accordance with the constitution,
(d) the steps necessary to prepare for NHS foundation trust status have been taken,
(e) the applicant will be able to provide the goods and services which the authorisation will require it to provide, and
(f) any other requirements which the regulator considers appropriate are met.
(3) In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), the regulator must consider (among other things)—
(a) any report or recommendation in respect of the applicant made by the Commission for Healthcare Audit and Inspection,
(b) the financial position of the applicant.
(4) The authorisation may be given on any terms the regulator considers appropriate.
(5) The regulator must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
(a) if the applicant is an NHS trust, the Patients' Forum for the NHS trust and the staff employed by the NHS trust,
(b) individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(c) any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
(d) if the proposed constitution provides for a patients' constituency, individuals who would be able to apply to become members of that constituency,
(e) any prescribed persons.
(6) If regulations make provision about consultation, the regulator may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.
(7) The generality of the power in subsection (4) is not affected by the following provisions of this Chapter.
(1) On an authorisation being given to a body corporate which is an NHS trust—
(a) it ceases to be an NHS trust and becomes an NHS foundation trust,
(b) the proposed constitution has effect, and
(c) any order under section 25(1) is revoked.
(2) On an authorisation being given to a body corporate which is a public benefit corporation, it becomes an NHS foundation trust.
(3) The authorisation is conclusive evidence that the body in question is an NHS foundation trust.
(4) Subsections (1) to (3) do not affect the continuity of the body or of its property or liabilities (including its criminal liabilities).
(5) The validity of any act of an NHS foundation trust is not affected by any vacancy among the directors or by any defect in the appointment of any director.
(6) An NHS foundation trust must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and an NHS foundation trust’s property must not be regarded as property of, or property held on behalf of, the Crown.
National Health Service Act 2006