The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002

46.—(1) The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002(1) are amended as follows.

(2) In regulation 1(3) (citation, commencement, application and interpretation), there is inserted in the appropriate alphabetical and numerical position—

“(a) “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003”;

“(b) “authorisation” means an authorisation given by the Independent Regulator of NHS Foundation Trusts under section 6 of the 2003 Act”; and

“(c) “protected goods or services” means in relation to an NHS foundation trust, goods or services which that trust is required by virtue of section 14(4) of the 2003 Act to provide under the terms of its authorisation.”.

(3) In regulation 4 (consultation of committees by local NHS bodies)—

(a) at the end of the heading there is added “other than NHS foundation trusts”; and

(b) in paragraph (1) after “local NHS body” there is inserted “other than an NHS foundation trust,”.

(4) After regulation 4 there is inserted—

“4A.   Consultation of Committees by NHS foundation trusts

(1) This regulation applies where—

(a) an NHS foundation trust proposes to make an application to the Independent Regulator of NHS Foundation Trusts (“the regulator”), to vary the terms of its authorisation; and

(b) that application if successful would result in a substantial variation of the provision by an NHS foundation trust of protected goods or services in the area of a local authority.

(2) Where this regulation applies the NHS foundation trust shall consult the overview and scrutiny committee of the local authority referred to in paragraph (1)(b).

(3) Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by an NHS foundation trust pursuant to paragraph (1), may make comments on the proposed application by such date as may be specified by the NHS foundation trust.

(4) In any case where an overview and scrutiny committee is not satisfied that consultation on any application referred to in paragraph (1) has been adequate in relation to content or time allowed it may report to the regulator in writing and the regulator may require the NHS foundation trust to carry out such consultation, or such further consultation with the overview and scrutiny committee as it considers appropriate.

(5) In any case where an overview and scrutiny committee considers that the proposed application would not be in the interests of the health service in the area of the committee’s local authority, it may report to the regulator in writing and the regulator shall have regard to the report in accordance with section 9(2) of the 2003 Act.”.

(1)

S.I. 2002/3048.