The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997

• Citation: S.I. 1997/2289
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997 and shall come into force on 14th October 1997.

(2) In these Regulations—

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

“the 1978 Act ” means the National Health Service (Scotland) Act 1978;

“the 1997 Act ” means the National Health Service (Primary Care) Act 1997; and

“request” means a request to an authority under section 4(2) of the 1997 Act (requests for preparation of proposals for pilot schemes ).

Section 2 Requests to authorities for preparation of proposals

(1) A request must deal with such matters and include such information as the authority to which it is made may reasonably require for the purpose of enabling it to comply with any directions given by the Secretary of State under section 4(4) and (6)(a) of the 1997 Act (directions as to proposals and recommendations).

(2) An authority shall, if asked to do so by any person who is entitled to make a request—

(a) provide that person with a copy of any directions given by the Secretary of State as mentioned in paragraph (1); and

(b) specify the matters with which the request must deal and the information which it must include.

(3) Paragraphs (4) and (5) of this regulation apply in relation to an authority only where the Secretary of State has, in directions, specified a date (or a number of dates) by which any proposals by that authority are to be submitted to him under section 4(1) of the 1997 Act (submission of proposals for pilot schemes).

(4) The authority shall, if asked to do so by any person who is entitled to make a request, inform that person of all dates specified as mentioned in paragraph (3) which have not passed at the time the authority is asked for the information.

(5) A request must—

(a) state which of the dates specified as mentioned in paragraph (3) is the one by which the authority is requested to submit the proposals in question to the Secretary of State;

(b) be received by the authority before the beginning of the period of 28 days which ends on that date; and

(c) specify the period of time which the person making the request would require after receiving notification of approval of the proposals by the Secretary of State , in order to prepare for the proposals to be implemented by the authority.

Section 3 Consultation on proposals

(1) Where, pursuant to directions given by the Secretary of State under section 4(5) of the 1997 Act, a Community Health Council or a Local Health Council is, prior to submission of proposals for a pilot scheme, consulted by the authority for whose area (or for part of whose area) the Council was established, the Council shall—

(a) consider the effect of the proposals on the operation of the health service within the district or, in the case of a Local Health Council, the area or district, for which the Council was established; and

(b) in the light of the conclusions which the Council reaches as a result of that consideration, give advice to the authority about that effect.

(2) Where, pursuant to directions given by the Secretary of State under section 4(5) of the 1997 Act, a Local Medical Committee or an Area Medical Committee is, prior to submission of proposals for a pilot scheme, consulted by the authority for whose area the Committee was formed, it shall be a function of the Committee to—

(a) consider the effect of the proposals on the provision of general medical services in that area; and

(b) in the light of the conclusions which the Committee reaches as a result of that consideration, give advice to the authority about that effect.

Section 4 Amendment of the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997

In the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997 , in paragraph (a) of regulation 3(3) (which defines “relevant date” for the purposes of conditions imposed in relation to payments of financial assistance), after “regulation 2(3)(b)” insert “being, where an application has been amended under regulation 2(4), the date specified for the purposes of regulation 2(3)(b) by virtue of that amendment”.

Section 5 Amendment of the Community Health Councils Regulations 1996

In the Community Health Councils Regulations 1996 , in paragraph (2) of regulation 18 (consultation of Councils by relevant Health Authorities), at the end insert “, or any proposals for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 1997”.

Section 6 Amendment of the National Health Service (Local Health Councils) (Scotland) Regulations 1990

In the National Health Service (Local Health Councils) (Scotland) Regulations 1990 , in paragraph (2) of regulation 6 (consultation with councils by Health Boards), at the end insert “but need not consult on any proposals for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 1997”.