Health Bill [H.L.]

Health Bill [H.L.] - continued	House of Commons
SCHEDULE 12A, EXPENDITURE OF HEALTH AUTHORITIES AND PRIMARY CARE TRUSTS - continued
PART I, THE NATIONAL HEALTH SERVICE - continued

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Partnership

Co-operation between NHS bodies.

26. It is the duty of Health Authorities, Special Health Authorities, Primary Care Trusts and NHS trusts to co-operate with each other in exercising their functions.

Co-operation between NHS bodies and local authorities.

27. - (1) Section 22 of the 1977 Act (co-operation between health authorities and local authorities) is amended as follows.

(2) For subsection (1) (co-operation between Health Authorities and Special Health Authorities on the one hand and local authorities on the other) there is substituted-

	"(1) In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.
	(1A) In this section "NHS body" means-
	(a) a Health Authority;
	(b) a Special Health Authority;
	(c) a Primary Care Trust; or
	(d) an NHS trust."

Plans for improving health etc.

28. - (1) It is the duty of each Health Authority, at such times as the Secretary of State may direct, to prepare a plan which sets out a strategy for improving-

(a) the health of the people for whom they are responsible, and

(b) the provision of health care to such people.

(2) It is the duty of each Health Authority to keep under review any plan prepared by them under this section.

(3) It is the duty of the bodies specified in subsection (4) to participate in the preparation or review by a Health Authority of any plan under this section.

(4) Those bodies are-

(a) any Primary Care Trust whose area falls within the area of the Health Authority,

(b) any NHS trust which provides services at or from a hospital or other establishment or facility which falls within the area of the Health Authority, and

(5) In preparing or reviewing any plan under this section, a Health Authority-

(a) must consult, or seek the participation of, such persons as the Secretary of State may direct, and

(b) may consult, or seek the participation of, such other persons as they consider appropriate.

(6) The Secretary of State may give directions-

(a) as to the periods to be covered by plans under this section,

(b) as to the action to be taken by Health Authorities, Primary Care Trusts, NHS trusts and local authorities in connection with the preparation or review of plans under this section,

(d) as to the matters to be dealt with by plans under this section,

(e) as to the form and content of plans under this section,

(f) as to the publication of plans prepared or reviewed under this section,

(g) as to the sharing of information between Health Authorities, Primary Care Trusts, NHS trusts and local authorities in connection with the preparation or review of plans under this section,

(h) as to the provision by Health Authorities of reports or other information to the Secretary of State in connection with plans under this section.

(7) In exercising their respective functions-

(a) Health Authorities must have regard to any plan prepared or reviewed by them under this section, and

(b) Primary Care Trusts, NHS trusts and local authorities must have regard to any plan under this section in relation to which they have participated.

(8) For the purposes of this section, the persons for whom a Health Authority are responsible are-

(a) the people in the Authority's area, and

(b) such of the people outside the Authority's area as may be specified in directions given by the Secretary of State.

(9) It is the duty of Health Authorities, Primary Care Trusts, NHS trusts and local authorities to comply with any directions under this section which relate to them.

(10) Any directions under this section-

(a) may make different provision for different cases or descriptions of case,

(b) must be given in writing, and

(11) In this section-

"health care" has the meaning given by section 18(4),

"local authority" means a county council, a county borough council, a district council, a London borough council or the Common Council of the City of London.

Payments by NHS bodies to local authorities.

29. - (1) Section 28A of the 1977 Act (power to make payments towards expenditure on community services) is amended as follows.

(2) In subsection (1) (authorities to which section applies)-

(a) for "authorities" there is substituted "bodies",

(b) for paragraph (b) (which specifies a Special Health Authority established for a London Post-Graduate Teaching Hospital) there is substituted-

"(b) a Primary Care Trust."

(3) After subsection (2) there is inserted-

	"(2A) A body to which this section applies may, if they think fit, make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority's functions which, in the opinion of the body,-
	(a) have an effect on the health of any individuals,
	(b) have an effect on, or are affected by, any NHS functions, or
	(c) are connected with any NHS functions.
	(2B) In this section "NHS functions" means functions exercised by a Health Authority, Special Health Authority, Primary Care Trust or NHS trust."

Payments by local authorities to NHS bodies.

30. After section 28B of the 1977 Act there is inserted-

"Power of local authorities to make payments to NHS bodies.	28BB. - (1) A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribed functions of the NHS body.
	(2) In this section-
	"prescribed" means prescribed to any extent by regulations made by the Secretary of State;
	"relevant NHS body" means a Health Authority or a Primary Care Trust.
	(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
	(4) The Secretary of State may by directions prescribe conditions relating to payments under this section.
	(5) The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.
	(6) Without prejudice to the generality of subsection (4) above, the power may be exercised-
	(a) so as to make different provision for England and Wales and different provision for different areas in either; and
	(b) so as to require, in such circumstances as may be specified-
	(i) repayment of the whole or any part of a payment under this section; or
	(ii) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
	(7) No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above."

Prepared 26 May 1999