Community Health Councils Regulations 2004

Consultation of Councils by relevant health bodies

18.—(1) It shall be the duty of each relevant Local Health Board, NHS Trust, Primary Care Trust and Strategic Health Authority (in this regulation referred to as a “relevant NHS body”) in respect of health services for which it is responsible, to involve a Council in—

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

decisions to be made by that body affecting the operation of those services.

(2) Where a relevant NHS body has under consideration any proposal for a substantial development of the health service in the area of a Council, or for a substantial variation in the provision of such a service, it shall consult that Council.

(3) Paragraphs (1) and (2) shall not apply in respect of proposals to establish a Local Health Board or to vary or revoke a Local Health Board Order or to establish or dissolve a NHS trust.

(4) Paragraphs (1) and (2) shall not apply to any proposals on which the relevant NHS body is satisfied that, in the interests of the health service or because of a risk to safety or welfare of patients or staff, a decision has to be taken without allowing for consultation; but in such case, the relevant NHS body shall notify the Council immediately of the decision taken and the reason why no consultation has taken place.

(5) A Council which has been consulted by a relevant NHS body pursuant to paragraph (2) may make comments on the proposal consulted on by such date as may be specified by the relevant NHS body.

(6) In any case where a Council is not satisfied that —

(a) consultation on any proposal referred to in paragraph (2) has been adequate in relation to content or time allowed; or

(b) where paragraph (4) applies, the reason given by the relevant NHS body are adequate,

it may report to the Assembly in writing and the Assembly may require the relevant Local Health Board or relevant NHS Trust, and may request the relevant Primary Care Trust or relevant Strategic Health Authority concerned to carry out such consultation, or further consultation, with a Council as it considers appropriate.

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

(8) In any case where a Council considers that a proposal submitted under paragraph (2) by a relevant Local Health Board or a relevant NHS Trust would not be in the interests of the health service in its area, it may report to the Assembly in writing and the Assembly may make a final decision on the proposal and require the relevant NHS body to take such action, or desist from taking such action, as the Assembly may direct.