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require
the provision of palliative care for persons suffering from
a terminal |
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illness; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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Duty
to provide palliative care |
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(1) |
It shall be the duty of
the Secretary of State to provide palliative care to every |
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person with a terminal
illness, to such extent as is necessary to meet all |
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(2) |
The
palliative care so provided shall be free of charge.
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5 |
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The Secretary of State
shall— |
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(a) |
provide such services as
he considers appropriate for the purpose of |
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discharging the duty in
section 1 of this Act; and |
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(b) |
take any other reasonable
steps that are intended to facilitiate, or are |
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conducive or incidental
to, the discharge of that duty. |
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(1) |
The Secretary of State
may by regulations make arrangements for the provision |
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of palliative care in accordance
with this Act. |
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(2) |
Regulations under subsection
(1) may, in particular, make provision for— |
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(a) |
palliative care services
to be regarded as primary medical services for |
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the purposes of Part 2 of
the National Health Service Act 2006 (c.41) and |
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the National Health Service
(Wales) Act 2006 (c. 42); |
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(b) |
access to advice and care
from a specialist in palliative medical services |
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for persons with terminal
illnesses; |
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(c) |
the commissioning of specialists
in palliative care; |
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(d) |
appropriate
palliative care services for any person with a terminal |
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illness who expresses a
choice to be cared for at home, if reasonably |
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(e) |
hospice or hospital accommodation
for persons suffering from terminal |
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(f) |
training and guidance on
the provision of palliative care for all health |
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and social care professionals
who care for persons with terminal |
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(g) |
the facilitation and promotion
of research into all aspects of palliative |
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(h) |
the improvement of co-operation
between the voluntary sector, the |
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National Health Service
and social services in the provision of |
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palliative care and between
different health and social care |
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professionals working within
the National Health Service; |
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(i) |
prompt provision of necessary
equipment, medication staff and |
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ancillary services for persons
with terminal illnesses; and |
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(j) |
the monitoring and review
of palliative care by the Commission for |
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Healthcare Audit and Inspection. |
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(3) |
A statutory instrument
containing regulations made by the Secretary of State |
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under subsection (1) shall
be subject to annulment in pursuance of a resolution |
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of either House of Parliament.
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4 |
Standards
set by Secretary of State |
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(1) |
The Secretary of State
shall prepare and publish statements of standards in |
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relation to the provision
of palliative care by and for the NHS bodies referred |
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to in section 5(1) in accordance
with the provisions of section 46 of the Health |
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and Social Care (Community
Health and Standards) Act 2003 (c. 43) (standards |
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set by Secretary of State). |
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(2) |
Welsh Ministers shall
prepare and publish statements of standards in relation |
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to the provision of palliative
care by and for Welsh NHS bodies in accordance |
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with the provisions of
section 47 of the Health and Social Care (Community |
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Health and Standards) Act
2003 (standards set by Assembly). |
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Publication
of palliative care strategies |
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(1) |
It shall be the duty of
each Strategic Health Authority, Primary Care Trust, |
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NHS Trust, NHS Foundation
Trust and Local Health Board to publish a |
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strategy for the provision
of palliative care in its area (“palliative care |
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(2) |
Palliative care strategies
shall be published within nine months of the passing |
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(3) |
Palliative care strategies
shall include information on the measures that are to |
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be taken to improve the
provision of palliative care over the following five year |
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(4) |
A palliative care strategy
may be revised by the body producing it at any time. |
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Reports
on implementation of palliative care strategies |
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(1) |
It shall be the duty of
NHS bodies in England to report annually to the |
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Secretary of State on progress
on the implementation of their palliative care |
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(2) |
It shall be the duty of
Welsh NHS bodies to report annually to Welsh Ministers |
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on progress on the implementation
of their palliative care strategies |
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“palliative care”
means care given with the intention of improving the |
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quality of life of persons
suffering with terminal illness by— |
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(a) |
treatment which controls
and relieves pain, distress, discomfort |
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or other symptoms
caused by, related to or coincidental with |
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(b) |
psychological, social
and spiritual help and support; |
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“terminal illness”
means an illness, disease or condition which— |
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(a) |
is inevitably progressive
and fatal, and |
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(b) |
the progress of which
cannot be reversed by treatment; |
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“specialist in
palliative care” means a medical or nursing practitioner
who |
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is on the relevant specialist
register for palliative care; |
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“Welsh NHS bodies”
means— |
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(a) |
any Local Health Board,
and |
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(b) |
any NHS trust all
or most of whose hospitals, establishments |
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and facilities are
situated in Wales. |
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In its application to Wales— |
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(a) |
sections 1, 2, 3 and 4
of this Act shall have effect as if for each reference |
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to the Secretary of State
there were substituted a reference to Welsh |
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(b) |
section 3 shall have effect
as if for each reference to regulations there |
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were substituted a reference
to Assembly Measures. |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of his functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
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money
so provided under any other Act. |
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Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Provision of Palliative Care Act 2007. |
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(2) |
This Act extends to England
and Wales only. |
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(3) |
This Act shall come into
force on the day on which it is passed. |
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