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

Amendment of regulation 3 of the principal Regulations

3.—(1) Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.

(2) In paragraph (2)(b), after “Strategic Health Authorities but” insert “, subject to paragraph (2A),”.

(3) After paragraph (2), insert—

“(2A) Subject to regulation 6, the Secretary of State’s functions relating to the health service under section 3(1) of the National Health Service Act 2006(1) (services generally) are to be exercisable by Strategic Health Authorities for the purpose of securing, by arrangement with any person or body, the provision of any service specified in Schedule 5.”.

(4) In paragraph (7)(a), for “paragraph (7B)” substitute “paragraphs (7B), (7E) and (7G)”.

(5) After paragraph (7A), insert—

“(7AA) For the purposes of paragraph (7A), an arrangement includes an arrangement made jointly by the placing PCT and a local authority.”.

(6) After paragraph (7B), insert—

“(7C) Paragraph (7E) applies where—

(a) under arrangements made on or after 1st April 2007—

(i) by a Primary Care Trust in exercise of its functions under paragraph (7)(a);

(ii) by a local authority; or

(iii) jointly by a Primary Care Trust in exercise of its functions under paragraph (7)(a) and a local authority,

a child to whom paragraph (7D) applies is provided with services which consist of or include the provision of accommodation situated in the area of another Primary Care Trust or a Local Health Board(2); and

(b) the child—

(i) is thereby resident in such accommodation; and

(ii) does not fall under the responsibility of the originating Primary Care Trust under paragraph (7)(a)(i).

(7D) This paragraph applies to a child who—

(a) is looked after by a local authority within the meaning of section 22 of the 1989 Act;

(b) is a relevant child within the meaning of section 23A of the 1989 Act(3);

(c) qualifies for advice and assistance under section 24(1A) or (1B)(4) of the 1989 Act;

(d) is provided with accommodation at a school to which he is admitted in accordance with a statement of special educational needs made under section 324 of the Education Act 1996(5) that names the school; or

(e) requires accommodation in a care home(6), a children’s home or an independent hospital(7) to meet his continuing care(8) needs.

(7E) The originating Primary Care Trust shall continue to exercise the functions referred to in paragraphs (1) and (2) for the benefit of a child referred to in paragraph (7C).

(7F) Subject to regulation 3A, in paragraphs (7C) and (7E) “the originating Primary Care Trust” in relation to a child means the Primary Care Trust which—

(a) makes, in respect of that child, an arrangement referred to in paragraph (7C)(a)(i) or (iii); or

(b) was responsible for exercising the functions under paragraph (7)(a) on behalf of that child immediately before a local authority makes, in respect of that child, an arrangement referred to in paragraph (7C)(a)(ii).

(7G)  Where a Primary Care Trust has made an arrangement referred to in paragraph (7C)(a)(i) or (iii) by virtue of which a child is, immediately before he attains the age of eighteen years, provided with—

(a) accommodation in a care home, a children’s home or an independent hospital situated in the area of another Primary Care Trust, and

(b) nursing and another service which is a planned service(9), as part of the health service,

to meet his continuing care needs, when the child attains the age of eighteen years that arrangement shall, for the purposes of these Regulations, be treated as an arrangement which falls within paragraph (7A).”.

(7) After paragraph (10), add—

“(11) In this regulation, “local authority” means—

(a) a county council;

(b) a district council for an area for which there is no county council;

(c) a London borough council;

(d) the Common Council of the City of London; or

(e) the Council of the Isles of Scilly.”.

(1)

2006 (c. 41). Section 3(1) comes into force on 1^st March 2007 and re-enacts (with modifications) section 3(1) of the National Health Service Act 1977 (c. 49).

(2)

See sections 16BB and 16BC of, and Schedule 5B to, the National Health Service Act 1977 for the functions of Local Health Boards.

(3)

Section 23A was inserted by the Children (Leaving Care) Act 2000 (c. 35), section 2(4).

(4)

Section 24(1A) and (1B) was inserted by the Adoption and Children Act 2002 (c. 38), Schedule 3, paragraph 60(a).

(5)

1996 c.56. Section 324 was amended by the School Standards and Framework Act 1998 (c.31), section 140(1), Schedule 30, paragraphs 77(a) and (b), and by the Special Educational Needs and Disability Act 2001 (c.10), section 9.

(6)

The definition of “care home” was inserted by S.I. 2006/359.

(7)

The definition of “independent hospital” was inserted by S.I. 2006/359.

(8)

The definition of “continuing care” was inserted by S.I. 2006/359.

(9)

The definition of “planned service” was inserted by S.I. 2006/359.