Health and Social Care Act 2001

Preliminary steps to be taken

2 (1) Before making a pilot scheme, the Health Authority concerned must prepare proposals for the scheme and submit them to the relevant authority.

(2) But proposals may be submitted by a Health Authority only with the agreement of the other proposed participants.

(3) In preparing proposals for a pilot scheme, a Health Authority must comply with any directions given to them by the relevant authority as to—

(a) the matters to be dealt with, and information to be included, in the proposals; and

(b) the procedure to be followed by the Health Authority.

(4) Before submitting proposals for a pilot scheme, a Health Authority must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to them by the relevant authority about the extent to which, and manner in which, they are to consult on the proposals.

(5) The relevant authority may give directions—

(a) requiring a Health Authority to submit proposals to the relevant authority;

(b) as to the matters to which a Health Authority must have regard in making any recommendation to the relevant authority when submitting proposals for a pilot scheme;

(c) as to the form in which any such recommendation must be made;

(d) requiring Health Authorities to provide the relevant authority with summaries (prepared and presented in the manner specified in the directions) of all requests received by them during the period specified in the directions.

(6) A direction under this paragraph may be given so as to apply—

(a) generally in circumstances specified in the direction; or

(b) in relation to a particular case.