The Local Government and Public Involvement in Health Act 2007 (Commencement No.7) Order 2008

Made: 11th September 2008

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 245(5) and (6) of the Local Government and Public Involvement in Health Act 2007¹.

Citation and interpretation

1

• (1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.7) Order 2008.

• (2) In this Order—

• “the Act” means the Local Government and Public Involvement in Health Act 2007;

• “the 2006 Act” means the National Health Service Act 2006².

Appointed days for provisions relating to consultation about health services

2

• (1) 26th September 2008 is the day appointed for the coming force of section 233(5) of the Act, in so far as it inserts section 242B of the 2006 Act, for the purpose of making regulations under that section of the 2006 Act.

• (2) 3rd November 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 233(1) to (4);

• (b) section 233(5) in so far as it inserts section 242B of the 2006 Act and in so far as it is not already in force for that purpose; and

• (c) section 234.

Signed

Signed by the authority of the Secretary of State for Health

Ben Bradshaw — Minister of State — Department of Health — 11th September 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the seventh commencement order under the Local Government and Public Involvement in Health Act 2007 (“the Act”) (c.28).

Article 2 appoints the days for the coming into force of sections 233(1) to (4), 233(5) (partially) and 234 of the Act.

Section 233(1) to (4) amends section 242 of the National Health Service Act 2006 (“the 2006 Act”) (c.41), which relates to public involvement and consultation. The amendments alter the way in which section 242 of the 2006 Act applies to English bodies by making changes to the duty on English bodies to involve users of health services and by introducing a requirement that English bodies have regard to any guidance given by the Secretary of State in relation to that duty.

Section 233(5) inserts section 242B of the 2006 Act (directions in cases where Strategic Health Authority arranges involvement). Section 242B gives the Secretary of State the power to make regulations to enable a Strategic Health Authority to direct a Primary Care Trust not to involve persons in matters in which the Primary Care Trust would otherwise have involved those persons pursuant to arrangements made under section 242(1B) of the 2006 Act.

Section 234 amends the 2006 Act to include new provisions requiring Strategic Health Authorities and Primary Care Trusts to prepare reports on consultation on commissioning decisions or other matters when directed to do so by the Secretary of State. It also gives the Secretary of State the power to make directions about the content and publication of reports and about decisions which may be treated as a commissioning decision for the purposes of these provisions.

Footnotes