Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3048 |
| Year | 2002 |
2002 No. 3048
NATIONAL HEALTH SERVICE, ENGLAND
The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002
Made 11th December 2002
Laid before Parliament 11th December 2002
Coming into force 1st January 2003
The Secretary of State for Health, in exercise of the powers conferred on him by sections 7(3) and (4), 8(2), (3) and (4) and 64(6) to (8) of the Health and Social Care Act 20011and by sections 17 and 126(4) of the National Health Service Act 19772and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 and shall come into force on 1st January 2003.
(2) These Regulations apply in England only.
(3) In these Regulations—
“the Act” means the Health and Social Care Act 2001;
“the 2000 Act” means the Local Government Act 20003;
“the 2002 Act” means the National Health Service Reform and Health Care Professions Act 2002;
“joint overview and scrutiny committee” means a committee appointed under regulation 7(1);
“local authority” means—
(a) in relation to regulations 2 to 6, a local authority to which section 7 of the Act applies and the Common Council for the City of London4; and
(b) in relation to regulations 7 to 10, a local authority to which section 8 of the Act applies and the Common Council for the City of London;
“local NHS body” means, in relation to an overview and scrutiny committee, a Strategic Health Authority, Primary Care Trust or NHS trust which provides, or arranges for the provision of, or performs any management function in relation to, services to persons residing within the area of the committee’s local authority or, in the case of a joint overview and scrutiny committee, the areas of the authorities which have appointed that joint committee.
(4) In regulations 2 to 6 references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.
Review and scrutiny
2.—(1) An overview and scrutiny committee may review and scrutinise any matter relating to the planning, provision and operation of health services in the area of its local authority.
(2) In carrying out the review and scrutiny of a particular matter, the overview and scrutiny committee shall—
(a)
(a) have regard to any guidance issued by the Secretary of State under section 38 of the 2000 Act with respect to the exercise of its functions under section 21(2)(f) of that Act;
(b)
(b) invite interested parties to comment on the matter; and
(c)
(c) take account of relevant information available to it and, in particular, relevant information provided to it by a Patients' Forum5pursuant to a referral under section 15(5)(a) of the 2002 Act.
(3) Otherwise, the procedure of review and scrutiny is to be determined by the overview and scrutiny committee.
Reports and recommendations
3.—(1) An overview and scrutiny committee may make reports and recommendations to local NHS bodies and to its local authority on any matter reviewed or scrutinised by it pursuant to regulation 2.
(2) Where an overview and scrutiny committee makes such reports and recommendations it shall include—
(a)
(a) an explanation of the matter reviewed or scrutinised;
(b)
(b) a summary of the evidence considered;
(c)
(c) a list of the participants involved in the review or scrutiny; and
(d)
(d) any recommendations on the matter reviewed or scrutinised.
(3) Where an overview and scrutiny committee requests a response from a local NHS body to whom it has made a report or recommendation, that body shall respond in writing to the committee within 28 days of the request.
Consultation of Committees by local NHS bodies
4.—(1) Subject to the following provisions of this regulation, where a local NHS body has under consideration any proposal for a substantial development of the health service in the area of a local authority, or for a substantial variation in the provision of such service, it shall consult the overview and scrutiny committee of that authority.
(2) Paragraph (1) shall not apply with respect to—
(a)
(a) any proposal to establish or dissolve an NHS trust or a Primary Care Trust (unless the establishment or dissolution involves a substantial development or variation as referred to in paragraph (1) above); or
(b)
(b) any proposal for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 19976.
(3) Paragraph (1) shall not apply to any proposals on which the local NHS body concerned is satisfied that a decision has to be taken without allowing time for consultation because of a risk to safety or welfare of patients or staff; but, in any such case, the local NHS body shall notify the overview and scrutiny committee immediately of the decision taken and the reason why no consultation has taken place.
(4) Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by a local NHS body pursuant to paragraph (1) may make comments on the proposal consulted on by such date as may be specified by the local NHS body.
(5) In any case where an overview and scrutiny committee is not satisfied that—
(a)
(a) consultation on any proposal referred to in paragraph (1) has been adequate in relation to content or time allowed; or
(b)
(b) where paragraph (3) applies, the reasons given by the local NHS body are adequate,
it may report to the Secretary of State7 in writing who may require the local NHS body concerned to carry out such consultation, or such further consultation, with the overview and scrutiny committee as he considers appropriate.
(6) Where further consultation has been required under paragraph (5), the local NHS body shall, having regard to the outcome of such further consultation, reconsider any decision it has taken in relation to the proposal in question.
(7) In any case where an overview and scrutiny committee considers that the proposal would not be in the interests of the health service in the area of the committee’s local authority, it may report to the Secretary of State in writing who may make a final decision on the proposal and require the local NHS body to take such action, or desist from taking such action, as he may direct.
Information to be furnished by local NHS bodies
5.—(1) Subject to paragraph (3), it shall be the duty of a local NHS body to provide an overview and scrutiny committee with such information about...
To continue reading
Request your trial