Care Trusts (Applications and Consultation) Regulations 2001

JurisdictionUK Non-devolved

2001 No. 3788

NATIONAL HEALTH SERVICE, ENGLAND

LOCAL GOVERNMENT, ENGLAND

The Care Trusts (Applications and Consultation) Regulations 2001

Made 27th November 2001

Laid before Parliament 28th November 2001

Coming into force 19th December 2001

The Secretary of State for Health, in exercise of powers conferred by section 45(1), (2), (7) and (8) and section 64(6) and (8) of the Health and Social Care Act 20011and of all other powers enabling him in that behalf hereby makes the following Regulations:

S-1 Citation, commencement, interpretation and extent

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Care Trusts (Applications and Consultation) Regulations 2001 and shall come into force on the 19th December 2001.

(2) In these Regulations—

the 1977 Act” means the National Health Service Act 19772;

the 1990 Act” means the National Heath Service and Community Care Act 19903;

the 2001 Act” means the Health and Social Care Act 2001;

“an application for Care Trust designation” means an application to the Secretary of State pursuant to section 45(1) and (2) of the 2001 Act;

“the NHS Trusts Consultation Regulations” means the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 19964;

“the Partnership Regulations” means the NHS Bodies and Local Authorities Partnership Regulations 20005;

“the PCT Consultation Regulations” means the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 19996;

“relevant local authority” means a local authority which is, or is to be, a party to LA delegation arrangements7with the relevant NHS body;

“the relevant NHS body” means the Primary Care Trust or NHS trust (as the case may be) which is or is to be the party to LA delegation arrangements with a relevant local authority;

“relevant partners” means the bodies specified in either regulation 3(a) or (b).

(3) These Regulations extend to England only8.

S-2 Prescribed functions for the purposes of section 45(1)

Prescribed functions for the purposes of section 45(1)

2.—(1) The health-related functions of local authorities specified in regulation 6 of the Partnership Regulations are prescribed for the purposes of section 45(1) of the 2001 Act (designation of a trust as a Care Trust).

(2) The NHS functions specified in regulation 5 of the Partnership Regulations are prescribed for the purposes of section 45(1) of the 2001 Act (designation of a trust as a Care Trust).

S-3 Prescribed bodies for the purposes of section 45(2)

Prescribed bodies for the purposes of section 45(2)

3. The bodies prescribed for the purposes of section 45(2) of the 2001 Act (application to be made to the relevant authority jointly by every prescribed body) are—

(a) where on the date of the application the relevant NHS body is established—

(i) that NHS body, and

(ii) each relevant local authority; or

(b) where on the date of the application the relevant NHS body is not established but there is a proposal to establish that body—

(i) the Heath Authority within whose area the relevant NHS body is to be established, and

(ii) each relevant local authority.

S-4 Consultation

Consultation

4. Before an application for Care Trust designation may be made the relevant partners shall consult jointly such persons as appear to them to be affected by the proposed application.

S-5 Application

Application

5. An application for Care Trust designation shall be made in writing and shall include the following—

(a) the proposed name of the Care Trust;

(b) the proposed date of designation of the trust as a Care Trust;

(c) a report of the results of the consultation referred to in regulation 4;

(d) the number of members of each relevant local authority whom it is proposed by the relevant partners will be members of the Care Trust;

(e) a copy of—

(i) in the case of existing LA delegation arrangements, the agreement in relation to those arrangements made pursuant to regulation 8(1) and (2) of the Partnership Regulations, or

(ii) in the case of proposed LA delegation arrangements, the draft of the proposed agreement to be made pursuant to regulation 8(1) and (2) of the Partnership Regulations in relation to those arrangements.

S-6 Combination of consultations

Combination of consultations

6.—(1) This regulation applies where the designation of a trust as a Care Trust is to be effected by an order which establishes a new trust under section 16A of the 1977 Act or under section 5(1) of the 1990 Act (as the case may be).

(2) Where this regulation applies, and if each relevant local authority agrees, a Health Authority may combine the consultation required under regulation 4 of these Regulations...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT