Who pays? Establishing the responsible commissioner

Who Pays? Establishing the responsible commissioner sets out a framework for establishing responsibility for commissioning an individual's care within the NHS, i.e. determining who pays for a patient’s care. The legal framework relating to secondary care commissioning responsibilities for Primary Care Trusts(PCTs) is set out in regulations 3(7) to (10) of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (S.I. 2002/2375) as amended by S.I. 2002/2548, 2003/1497, 2006/359 and 2007/559 (“the Functions Regulations”). This document is intended to provide guidance on the application of that legal framework to particular situations.

(Published September 2007, 32 pages)