Main provisions
7 Duty of health service bodies etc. to take advice.
1
A health service body F1. . . shall take advice from the appropriate health professional before they decide whether they are satisfied as to any matter for the purposes of this Act, or form an opinion as to any matter for those purposes.
2
In this section “the appropriate health professional”, in relation to a health service body (other than a F2Primary Care Trust,F3Health Authority or Health Board which is the holder of the record by virtue of section 1(2)(a) above), means—
a
where, for purposes connected with the provision of health services by the body, one or more medical or dental practitioners are currently responsible for the clinical care of the patient, that practitioner or, as the case may be, such one of those practitioners as is the most suitable to advise the body on the matter in question;
b
where paragraph (a) above does not apply but one or more medical or dental practitioners are available who, for purposes connected with the provision of such services by the body, have been responsible for the clinical care of the patient, that practitioner or, as the case may be, such one of those practitioners as was most recently so responsible; and
c
where neither paragraph (a) nor paragraph (b) above applies, a health professional who has the necessary experience and qualifications to advise the body on the matter in question.
3
In this section “the appropriate health professional”, in relation to a F2Primary Care Trust,F4Health Authority or Health Board which is the holder of the record by virtue of section 1(2)(a) above, means—
a
where the patient’s most recent general practitioner is available, that practitioner; and