The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England, further amend the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (“the principal Regulations”).

Regulation 3(2) and (3) amends regulation 3 of the principal Regulations so as to provide that certain functions relating to health services are exercisable by Strategic Health Authorities for the purpose of securing the provision of specified health services. Regulation 6 adds Schedule 5 to the principal Regulations. A minor consequential amendment is made by regulation 5.

Regulation 3(4) to (7) amends regulation 3 of the principal Regulations which, amongst other things, determines for whose benefit a Primary Care Trust shall exercise the functions of providing or securing services to patients delegated to it under the principal Regulations. The amendments made by these Regulations provide for the circumstances in which a Primary Care Trust must continue to provide or secure certain services for the benefit of a child who is, under arrangements made by a Primary Care Trust or by a local authority or jointly by a Primary Care Trust and a local authority, provided with accommodation in the area of another Primary Care Trust or a Local Health Board in Wales.

Regulation 4 inserts a new regulation 3A into the principal Regulations to make transitional provision to provide for what is to happen where a local authority has made an arrangement to provide a child with accommodation in the area of another Primary Care Trust, or a Local Health Board in Wales, before 1 April 2007 and then provides the child with accommodation under those arrangements in the area of different Primary Care Trust or Local Health Board on or after 1 April 2007.

These Regulations also make amendments to provide for the circumstances in which a Primary Care Trust must continue to provide or secure certain services for a child who attains the age of 18 years and who is provided with accommodation in a care home, children’s home or independent hospital situated in the area of another Primary Care Trust to meet his continuing care needs.

These Regulations also make a clarificatory amendment in relation to regulation 3(7A) concerning arrangements made jointly between a placing Primary Care Trust and a local authority.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.