The Community Health Councils Regulations 1996

Consultation of Councils by relevant Health Authorities

18.—(1) Subject to paragraphs (2) and (3), it shall be the duty of each relevant Health Authority to consult a Council on any proposals which the Health Authority may have under consideration for any substantial development of the health service in the Council’s district and on any proposals to make any substantial variation in the provision of such service.

(2) Paragraph (1) shall not apply with respect to any proposal to establish or dissolve an NHS trust.

(3) Paragraph (1) shall not apply to any proposal on which the Health Authority is satisfied that, in the interest of the health service, a decision has to be taken without allowing time for consultation; but, in any such case, the Health Authority shall notify the Council immediately of the decision taken and the reason why no consultation has taken place.

(4) A Health Authority may specify the date by which comments on any proposals referred to in paragraph (1) are to be made by the Council.

(5) In any case where a Council is not satisfied that sufficient time has been allowed under paragraph (4), or that consultation on any proposal referred to in paragraph (1) has been adequate, the Council shall notify the Secretary of State in writing who may require the Health Authority to carry out such further consultation with the Council as he considers appropriate.

(6) Where further consultation has been required under paragraph (5), the Health Authority shall, having regard to the outcome of such further consultation, reconsider any decision it has taken in relation to the proposal in question.