Part 12 E+WPublic involvement and scrutiny

Chapter 2E+WPublic involvement and consultation

[F1242BDirections in cases where Strategic Health Authority arranges involvementE+W

(1)The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements.

(2)The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority.

(3)Regulations under this section may include provision—

(a)for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction,

(b)enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case,

(c)requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority,

(d)requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust,

(e)enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement.]

Textual Amendments

F1Ss. 242A, 242B inserted (26.9.2008 for specified purposes, 3.11.2008 for the purpose of the insertion of s. 242B in so far as not already in force, 22.2.2010 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 233(5), 245(5); S.I. 2008/2434, art. 2(1)(2)(b); S.I. 2010/112, art. 3