ANNEX A:: OUTLINE OF THE EXISTING LAW RELATING TO THE NHS Part 2 System: family health services PCTs
515.In England, PCTs are a tier of administrative body below Strategic Health Authorities. PCTs are established by the Secretary of State by orders under section 16A of the 1977 Act (as inserted by section 2(1) of the Health Act). Their functions are currently conferred, in the main, by directions given by the Secretary of State under section 17 of the 1977 Act.
516.In the exercise of the functions under Part I of the 1977 Act delegated to them by the Secretary of State, PCTs have already taken on the “commissioning” activities of the former HAs. Unlike HAs, however, they also provide certain services (usually community health services rather than hospital services) in the exercise of those functions. A PCT is something of a “hybrid” between a HA and an NHS trust. The other significant feature of PCTs is that the regulations for the membership of PCTs made under paragraph 5 of Schedule 5A to the 1977 Act, as inserted by Schedule 1 to the Health Act, provide that a substantial number of PCT members and PCT committee members must be GPs, local nurses and other health care professionals providing or assisting the provision of services under the 1977 Act.