ANNEX A: OUTLINE OF THE EXISTING LAW Existing legislation about the NHS National Health Service Act 1977 Community Health Councils
371.Community Health Councils ("CHCs") were established in 1974 and are now provided for in section 20 of, and Schedule 7 to, the 1977 Act. The Secretary of State has a duty to establish CHCs for Health Authority areas or parts of Health Authority areas. The members of each CHC include local authority and voluntary organisation representatives and persons appointed by the Secretary of State. Each CHC has a duty to represent the interests in the health service of the public in its district. Further provision for CHCs is made under the regulations under paragraph 2 of Schedule 7 - see the Community Health Councils Regulations 1996 (S.I. 1996/640, as amended by S.I. 1999/646, 1999/2906 and 2000/657). In particular-
	CHCs review the operation of the health service in its district and make recommendations and provide advice to their local Health Authority
	Health Authorities must consult CHCs on proposals for substantial developments of the health service in the CHCs' districts and on proposals for substantial variations in the provision of such service
	Health Authorities must provide information to CHCs about the planning and operation of health services in their area and meet CHCs at least once a year
	CHCs may inspect premises controlled by NHS bodies
372.In addition to their general duty, CHCs have various specific functions relating to reviewing the operation of the health service in their districts, which are conferred by regulations. They also provide advice and information to the public on local health services and assist patients making complaints about the services provided by NHS bodies and practitioners, although these additional functions are not specified in regulations.
373.CHCs are advised and assisted by the Association of Community Health Councils in England and Wales (“ACHCEW”), which was established by the Secretary of State under paragraph 5 of Schedule 7 to the 1977 Act. The National Health Service (Association of Community Health Councils) Regulations 1977 (SI 1977/874) provides for the establishment and operation of ACHCEW.