The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

Consultation requirements for PCT orders

2.—(1) Before the Secretary of State may make a PCT order establishing a Primary Care Trust the Health Authority within whose area the Primary Care Trust is to be established must–

(a) refer the proposal to establish the Primary Care Trust to any of the authority’s Primary Care Groups which exercise functions in relation to persons for whom the Primary Care Trust will be responsible, other than a Primary Care Group which has initiated or formulated the proposal, for them to consider and make recommendations; and

(b) consult the persons to which paragraph (2) applies.

(2) The persons referred to in paragraph (1)(b) are–

(a) any Community Health Council within whose area falls, wholly or partly, the area of the Primary Care Trust to be established;

(b) any local authority whose area falls wholly or partly within the area of the Primary Care Trust to be established;

(c) any NHS trust which provides community health services to the persons for whom the Primary Care Trust is to be responsible, except where the level of services is, in the opinion of the Health Authority, not significant;

(d) the Local Medical Committee for the area of the Health Authority, and such other bodies, if any, as appear to the Health Authority to be appropriate to represent those health care professionals–

(i) providing, or assisting the provision of, Part II services or community health services; or

(ii) performing, or assisting the performance of, services in connection with a pilot scheme under the 1997 Act,

for the benefit of persons for whom the Primary Care Trust is to be responsible;

(e) such voluntary organisations as appear to the Health Authority to be appropriate to represent–

(i) the interests of persons who are provided with services under the 1977 Act and for whom the Primary Care Trust is to be responsible; or

(ii) the interests of private carers who provide care to such persons;

(f) such other persons as the Health Authority consider appropriate.

(3) For the purposes of this regulation, the persons for whom a Primary Care Trust is to be responsible are–

(a) the practice patients of the medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the trust will be the relevant Primary Care Trust;

(b) those usually resident in the area for which the trust is to be established and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act.