This is the text as amended. This provision was formerly contained in section 11 of The Health and Social Care Act 2001. The official guidance is here. Many of the concepts have been examined judicialy in the context of the CHC regulations, and there are references to relevent caselaw there. The case of R v Trafford Health Care NHS Trust Ex parte Pat Morris considered section 11 and in particular the contention that consultation could be dispensed with in cases of urgency (which was dismissed in this case in absence of any real evidence of the contended urgency)

Chapter 2 Public Involvement and Consultation

242 Public involvement and consultation

(1) This section applies to –

  1. (a) relevant English bodies, and
  2. (b) relevant Welsh bodies.

(1A) In this section – “relevant English body” means –

  1. a Strategic Health Authority,
  2. a Primary Care Trust,
  3. an NHS trust that is not a relevant Welsh body, or
  4. an NHS foundation trust;

“relevant Welsh body” means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales.

(1B) Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in –

  1. the planning of the provision of those services,
  2. the development and consideration of proposals for changes in the way those services are provided, and
  3. decisions to be made by that body affecting the operation of those services.

(1C) Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on –

  1. the manner in which the services are delivered to users of those services, or
  2. the range of health services available to those users.

(1D) Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on –

  1. the manner in which the services are delivered to users of those services, or
  2. the range of health services available to those users.

(1E) The reference in each of subsections (1C)(a) and (1D)(a) to the delivery of services is to their delivery at the point when they are received by users.

(1F) For the purposes of subsections (1B) to (1E), a person is a “user” of any health services if the person is someone to whom those services are being or may be provided.

(1G) A relevant English body must have regard to any guidance given by the Secretary of State as to the discharge of the body’s duty under subsection (1B).

(1H) The guidance mentioned in subsection (1G) includes (in particular) –

(a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out;

(b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.

(2) Each relevant Welsh body must make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on –

  1. the planning of the provision of those services,
  2. the development and consideration of proposals for changes in the way those services are provided, and
  3. decisions to be made by that body affecting the operation of those services.

(3) For the purposes of this section a body is responsible for health services –

  1. if the body provides or will provide those services to individuals, or
  2. if another person provides, or will provide, those services to individuals –
  1. at that body’s direction,
  2. on its behalf, or
  3. in accordance with an agreement or arrangements made by that body with that other person, and references in this section to the provision of services include references to the provision of services jointly with another person.

(4) Subsection (5) applies to health services for which a Strategic Health Authority is not responsible by virtue of subsection (3), but which are or will be provided to individuals in the area of the Strategic Health Authority, and for which –

  1. a Primary Care Trust any part of whose area falls within the Strategic Health Authority’s area, or
  2. an NHS trust which provides services at or from a hospital or other establishment or fa-cility which falls within the Strategic Health Authority’s area, is responsible by virtue of subsection (3).

(5) A Strategic Health Authority may give directions to Primary Care Trusts falling within paragraph (a) of subsection (4), and NHS trusts falling within paragraph (b) of that subsection, as to the arrangements which they are to make under this section in relation to health services to which this subsection applies.

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