National Health Service Reform and Health Care Professions Act 2002

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

Commentary on Sections

Part 1 – National Health Service, etc.

NHS bodies and their functions: England

Section 1: English Health Authorities: change of name

29. Section 1 renames HAs in England as Strategic Health Authorities and places a duty on the Secretary of State to create, for the whole of England, Strategic Health Authorities.

30. The section retains the existing duty to create HAs to cover Wales.  As a result of devolution arrangements, this latter duty is a function of the Assembly. For the sake of consistency with the National Health Service Act 1977 (“the 1977 Act”) and to avoid confusion, the reference to the Secretary of State is preserved in respect of Wales instead of adding express reference to the Assembly.

31. Subsection (2) substitutes a new section 8 of the 1977 Act (which currently provides for the establishment of HAs for the whole of England and Wales) to take account of the renaming of HAs in England as Strategic Health Authorities.  Provision is made in subsection (5) of the new section 8 to give the Secretary of State power to make regulations containing requirements as to consultation that must be complied with before he makes an order under this section which relates to a Strategic Health Authority.  Consultation requirements contained in regulations under section 8(5) are in addition to any other consultation requirements that apply.

32. Subsection (3) introducesSchedule 1 which makes a series of further amendments to existing legislation to take account of the change of name of English HAs.