The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for Strategic Health Authorities to give directions to Primary Care Trusts concerning the arrangements for the involvement of users of health services that Primary Care Trusts are required to make under section 242 (public involvement and consultation) of the National Health Service Act 2006 (c.41) (“the Act”).

Regulation 2 sets out when a Strategic Health Authority can direct a Primary Care Trust that users of health services who were to be involved in a matter (the “relevant matter”) under arrangements made by the Primary Care Trust are not to be involved in that matter under those arrangements but are to be involved under arrangements made or to be made by the Strategic Health Authority. Regulation 2 also makes provision about the content of such a direction. Regulation 4 provides that Strategic Health Authority may also direct the Primary Care Trust to act jointly with the Authority in carrying out the involvement of users of health services in relation to the relevant matter.

Regulation 3 provides that in complying with the direction given by a Strategic Health Authority under regulation 2(1) the Primary Care Trust is not to be regarded as having failed to comply with its duty under section 242 of the Act.

Where a Strategic Health Authority has given a direction to a Primary Care Trust in accordance with regulation 2(1), regulation 5 sets out the information that the Strategic Health Authority must give to the Primary Care Trust and the information that the Primary Care Trust must give to the Strategic Health Authority.

Regulation 6 amends the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (S.I. 2002/2375). The amendments provide that Strategic Health Authorities may exercise the power of the Secretary of State under section 2 of the Act (Secretary of State’s general power) to make arrangements to ensure that people are involved in matters relating to the provision of health services for which a Primary Care Trust in the area of the Strategic Health Authority is responsible.

A full impact assessment on the effect that this instrument will have on the costs of business and the voluntary sector is available from the PPI Policy Team, Room 502A, Skipton House, 80 London Road, London SE1 6LH (email – [e-mail]).