The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006

• Citation: S.I. 2006/359
• Sections: 3

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .

(3) These Regulations apply in relation to England only.

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation), in paragraph (1) in the appropriate alphabetical position, there shall be inserted—

“the 2000 Act ” means the Care Standards Act 2000;

“care home” has the same meaning as in the 2000 Act;

“continuing care” means care provided over an extended period of time to a person to meet physical or mental health needs which have arisen as the result of illness;

“independent hospital” has the same meaning as in the 2000 Act;

“planned service” means any service, the provision of which is planned and arranged in response to the results of an assessment of a person’s physical or mental health needs, and which is intended to bring about or to promote a specific outcome in relation to that person’s treatment;

Section 3 Amendment of regulation 3 of the principal Regulations

(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 (7)(a), at the beginning there shall be inserted “Subject to paragraph (7B),”.

(3) After paragraph (7), there shall be inserted—

(7A) Paragraph (7B) applies where—

(a) on or after 1st April 2006, a Primary Care Trust (“the placing PCT”) has made an arrangement in the exercise of its functions under paragraph (7)(a) by virtue of which a person aged 18 or over is to be provided with services which consist of or include the provision of—

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

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

to meet his continuing care needs; and

(b) the person—

(i) is thereby resident in such accommodation;

(ii) continues to require the services described in sub-paragraph (ii) above to meet his continuing care needs; and

(iii) does not fall under the responsibility of the placing PCT under paragraph (7)(a)(i).

(7B) The placing PCT shall continue to exercise the functions referred to in paragraphs (1) and (2) for the benefit of a person referred to in paragraph (7A) in so far as those functions consist of providing or securing the provision of—

(a) accommodation in a care home or independent hospital, or

(b) nursing and such other services as are required, to the extent that they are connected to the provision to him of such accommodation (whether or not the accommodation is provided or secured by the placing PCT),

to meet his continuing care needs.