LegalizeThe National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002
The FHSAA may request information from a Strategic Health Authority concerning which Primary Care Trust is a relevant Primary Care Trust for the purposes of paragraphs 53 and 54 and a Strategic Health Authority shall comply with any such request where it holds or has access to information that would assist the FHSAA.
Applications to the FHSAA under Part III of the 2001 Rules
60
Where the FHSAA—
- (a) has received an application pursuant to Part III of the 2001 Rules before the relevant date;
- and that application has not been finally determined immediately before the relevant date, the parties to that application shall, from the relevant date, be deemed to be the practitioner who was a party immediately before the relevant date, and the relevant Primary Care Trust or Trusts, determined in accordance with paragraph 61.
61
For the purposes of paragraph 60, the relevant Primary Care Trust shall be—
- (a) where the application relates to a single list practitioner, the relevant Primary Care Trust;
- or where the application relates to a multiple list practitioner, all the relevant Primary Care Trusts, save that in relation to a relevant Primary Care Trust falling within sub-paragraph (b), nothing in this Part or the 2001 Rules shall prevent a relevant Primary Care Trust from applying to the FHSAA for a direction that it is not to be deemed to be a party because it is not appropriate or desirable in the circumstances of a particular application.
62
The relevant Primary Care Trust or Trusts specified in paragraph 60 shall be deemed to have done any acts of the Health Authority that was, together with the practitioner, a party to that application immediately before the relevant date.
63
Nothing in paragraph 61(b) shall prevent the relevant Primary Care Trusts from nominating from amongst themselves one relevant Primary Care Trust to represent all of them in respect of the application, and if such a nomination is made, those relevant Primary Care Trusts shall notify the FHSAA of the name of the nominated Primary Care Trust who will be dealing with the application on its behalf.
64
Where, before the relevant date, a panel has given leave to a Health Authority to amend any reply or supplementary statement pursuant to rule 25(2) of the 2001 Rules and that amendment has not been effected before the relevant date, the relevant Primary Care Trust or Trusts shall, from the relevant date, be deemed to have been given leave to make the specified amendments on such terms as the panel imposed when it gave leave to the Health Authority.
65
Where, before the relevant date, the FHSAA has made any directions pursuant to rule 19 or 26 of the 2001 Rules, those directions shall, if they applied to a Health Authority immediately before the relevant date, apply to the relevant Primary Care Trust or Trusts from the relevant date.
66
Where a Strategic Health Authority holds any information that would assist a relevant Primary Care Trust in fulfilling its role as a party in relation to any application falling within paragraph 60, the Strategic Health Authority shall provide that relevant Primary Care Trust with that information as soon as is reasonably practicable.
67
The FHSAA may request information from a Strategic Health Authority concerning which Primary Care Trust is a relevant Primary Care Trust for the purposes of paragraph 60 and a Strategic Health Authority shall comply with any such request where it holds or has access to information that would assist the FHSAA.
General matters relating to cases under Part IV of the 2001 Rules
68
Where the FHSAA has served any document or notice on the respondent Health Authority before the relevant date in relation to any appeal falling within paragraph 52 or any application falling within paragraph 60, it shall be deemed to have served that document or notice on the relevant Primary Care Trust or Trusts.
69
Where a panel has—
- (a) pursuant to rule 32(1), 33, 44(2) or 45(2) of the 2001 Rules given any directions; or
- (b) pursuant to rule 37 of those Rules, varied any directions,
in relation to any appeal falling within paragraph 52 or any application falling within paragraph 60, those directions or varied directions shall, if they apply to a Health Authority and remain effective immediately before the relevant date, apply to the relevant Primary Care Trust or Trusts from the relevant date.
70
Where a panel has, pursuant to rule 42 or 43 of the 2001 Rules, given a decision—
- (a) that decision shall be deemed to apply to the relevant Primary Care Trust or Trusts; and
- (b) the relevant Primary Care Trust or Trusts, shall be entitled to apply to the FHSAA pursuant to and in accordance with rule 43 of the 2001 Rules for a review of a panel’s decision,
and where any decision pursuant to rule 42 of the 2001 Rules was not announced at the hearing, and was consequently sent to a Health Authority, that decision shall be deemed to have been made in respect of the relevant Primary Care Trust or Trusts on the date that a copy of the document recording it was sent to the Health Authority, pursuant to rule 42(6) of the 2001 Rules.
71
Paragraph 72 applies where any application for, or a decision of a panel to, review a panel’s decision has been made before the relevant date, pursuant to rule 43 of the 2001 Rules, and that review has not been finally determined before the relevant date.
72
Where this paragraph applies, a relevant Primary Care Trust or Trusts, determined in accordance with paragraph 73, shall, from the relevant date—
- (a) be deemed to—
- (i) have made the application for a review of a panel’s decision,
- (ii) where the application for a review was made by a practitioner, be the other party to the application; or
- (iii) where the decision to review is of the panel’s own motion, be a party, together with the practitioner who the decision to be reviewed concerned,
as the case may be; and
- (b) be deemed to have done any acts of the Health Authority before the relevant date, in relation to the proceedings that resulted in the panel’s decision.
73
The relevant Primary Care Trust that shall be deemed to have made the application shall be—
- (a) where the application relates to a single list practitioner, the relevant Primary Care Trust; or
- (b) where the application relates to a multiple list practitioner, all the relevant Primary Care Trusts,
save that, in relation to a relevant Primary Care Trust falling within sub-paragraph (b), nothing in this Part or the 2001 Rules shall prevent such a relevant Primary Care Trust from applying to the FHSAA for a direction that it should not be deemed to have made that application because it is not appropriate or desirable in the circumstances of that application.
74
Nothing in paragraph 73(b) shall prevent the relevant Primary Care Trusts from nominating from amongst themselves one relevant Primary Care Trust to represent all of them in respect of the application, and if such a nomination is made, those relevant Primary Care Trusts shall notify the FHSAA of the name of the nominated Primary Care Trust who will be dealing with the application on its behalf.
75
If a Health Authority has, before the relevant date, agreed with the other party upon the terms of a decision to be made by a panel pursuant to rule 44(1)(b) of the 2001 Rules, the relevant Primary Care Trust or Trusts, determined in accordance with paragraph 76 shall be deemed to have agreed those terms.
76
The relevant Primary Care Trust that shall be deemed to have agreed the terms of the decision shall be—
- (a) where the application relates to a single list practitioner, the relevant Primary Care Trust; or
- (b) where the application relates to a multiple list practitioner, all the relevant Primary Care Trusts,
save that, in relation to a relevant Primary Care Trust falling within sub-paragraph (b), nothing in this Part or the 2001 Rules shall prevent such a relevant Primary Care Trust from applying to the FHSAA for a direction that it should not be deemed to have agreed the terms of that decision because it is not appropriate or desirable in the circumstances of that decision.
77
Where the FHSAA has taken a decision before the relevant date which, by virtue of rule 46 of the 2001 Rules, it would, at the time it took that decision have been obliged to publish, that obligation shall continue on or after the relevant date if it has not published the decision immediately before the relevant date.
SCHEDULE 13 — REPEALS
| Short title and chapter | Extent of repeal |
|---|---|
| National Health Service and Community Care Act 1990291 | In Schedule 9, in paragraph 26(2), paragraph (b) and the immediately preceding word and" ; in paragraph 26(3), paragraph (b) and the immediately preceding word and". |
| Health Authorities Act 1995292 | In Schedule 1, in paragraph 108(6), paragraph (b) and the immediately preceding word and"; in paragraph 108(8), paragraph (b) and the immediately preceding word and"; in paragraph 111, sub-paragraph (2). |
Signed
Signed by authority of the Secretary of State
John Hutton — Minister of State, — Department of Health — 25th September 2002
Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments consequential on those sections of the National Health Service Reform and Health Care Professions Act 2002 (“the Act”) concerned with the structure of the NHS in England and in particular on the renaming of Health Authorities as Strategic Health Authorities by section 1 of the Act and the reallocation of many of the existing functions of Health Authorities to Primary Care Trusts by section 2 of, and Schedule 2 to, the Act.
Regulation 3 applies to each individual Health Authority in England the change of name effected by section 1 of the Act.
Regulations 4 to 14 and Schedules 1 to 11 amend references to Health Authority for England in both primary and secondary legislation to either Strategic Health Authority or Primary Care Trust. References to Health Authority remain for Wales. Subject to the exceptions set out in regulations 2(3) to (5), the extent of the amendments made is the same as that of the provision amended. These amendments are supplementary to those in Schedules 1 and 2 to the Act.
Regulation 15 gives effect to the consequential and transitional provisions in Schedule 12 that are necessary as a result of the changes made both by the Act itself and these Regulations. Part 1 of Schedule 12 makes consequential and transitional provision in respect of practitioners (doctors, dentists, opticians and pharmacists) whose names were included in lists maintained by Health Authorities prior to 1st October 2002 (“the relevant date”), or where matters were outstanding in relation to those lists immediately prior to that date. Part 1 also makes provision for local representative committees recognised by Health Authorities prior to the relevant date.
Part 2 of Schedule 12 makes transitional provision for disciplinary procedures that were the responsibility of Health Authorities before the relevant date pursuant to the National Health Service (Service Committees and Tribunal) Regulations 1992, particularly in respect of disciplinary matters that have not been concluded by that date.
Part 3 of Schedule 12 makes transitional provision in respect of the Family Health Services Appeal Authority (Primary Care Act) Regulations 2001, particularly in respect of representations made to the Family Health Services Appeal Authority (“FHSAA”) pursuant to those Regulations before the relevant date, and any directions made by the FHSAA prior to that date.
Part 4 of Schedule 12 makes transitional provision in respect of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001, particularly in respect of the effect of decisions made by the NHS Tribunal before the relevant date. Provision is also made for cases before the NHS Tribunal, involving Health Authorities, that are still continuing at that date.
Part 5 of Schedule 12 makes transitional provision in respect of the Family Health Services Appeal Authority (Procedure) Rules 2001, particularly in respect of appeals made to the FHSAA pursuant to the Rules before the relevant date, in which Health Authorities were involved. Provision is also made for applications made to the FHSAA before the relevant date in which Health Authorities were involved. All the provisions in Schedule 12 apply to England only (regulation 2(1)).
Regulation 16 makes transitory amendments to sections 46 and 49A of and Schedule 9 to the National Health Service Act 1977 which are concerned with the NHS Tribunal. The Tribunal was abolished for England on 14th December 2001 but continues in force for the limited purpose of dealing with cases which were not concluded on 14th December and cases relating to persons undertaking to provide pharmaceutical services under Part 2 of the National Health Service Act 1977.
Regulation 17 makes a transitory amendment to section 1(6)(a) of the Community Health Councils (Access to Information) Act 1988 pending the bringing into force of section 22 of the Act which provides for the abolition of Community Health Councils in England.
Regulation 18 provides for the continuing validity of maternity certificates in the form set out in Schedule 2 to the Social Security (Medical Evidence) Regulation 1976 in spite of the amendments made to the form of that certificate by these regulations.
Footnotes
1977 c. 49; section 8 was substituted by section 1 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”).
District Health Authorities were abolished by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), section 1 and references to them are, unless the context otherwise requires, to be construed as references to Health Authorities under the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 (S.I. 1996/971), article 3(2).
Section 16A was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 2(1).
Family Practitioner Committees were renamed as Family Health Services Authorities (FHSAs) by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 2. Family Health Services Authorities were abolished by the 1995 Act, section 1 and references to them are, unless the context otherwise requires, to be construed as references to Health Authorities under the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 (S.I. 1996/971), article 3(2).
S.I. 2001/3738. Articles 2(4) and (5) of and Schedule 2 to the Order provide for the coming into force of those provisions of the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”) which relate to the abolition of the NHS Tribunal in England with effect from 14th December 2001. They bring into force the repeal of sections 46 and 49A of, and Schedule 9 to, the National Health Service Act 1977 (c. 49) (“the 1977 Act”) subject to savings in respect of cases not concluded by 14th December 2001 and pharmacist cases (as defined in Article 1 of the Order).
1977 c. 49. Section 46 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part 1, the 1995 Act, Schedule 1, paragraphs 34(a) and (b) and the National Health Service (Amendment) Act 1995 (c. 31), sections 1, 2(2), 3(2) and Schedule, substituted by section 40(1) of the 1999 Act (not yet in force) and repealed by Schedule 6 to the 2001 Act (not yet fully in force); section 49A was inserted by the National Health Service (Amendment) Act 1995, section 2(1) and repealed by Schedule 6 to the 2001 Act (not yet fully in force); paragraphs 1 to 4 of Schedule 9 were substituted by the National Health Service (Amendment) Act 1995, section 6(2) and repealed by Schedule 6 to the 2001 Act (not yet fully in force).
1988 c. 24; section 1(6)(a) was amended by the 1990 Act, Schedule 9, paragraph 33, the 1995 Act, Schedule 1, paragraph 116 and the Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90) (“the 2000 Order”), Schedule 1, paragraph 21.
S.I. 1976/615 as amended by S.I. 1991/2284 and 2001/2931.
The final section of the list of exemptions relating to health service hospitals was inserted by paragraph 90 of Schedule 1 to the 1995 Act.
1960 c. 67. Paragraph 1(f) of the Schedule was substituted by paragraph 91 of Schedule 1 to the 1995 Act; paragraph 1(gg) of the Schedule was inserted by paragraph 1 of Schedule 4 to the 1999 Act.
1967 c. 13; paragraph 8 was amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 109, the Parliamentary Commissioner Order 1981, S.I. 1981/736, the Parliamentary Commissioner Order 1986, S.I. 1986/1168, the Parliamentary Commissioner Order 1987, S.I. 1987/661, the Health Service Commissioners Act 1993 (c. 46), Schedule 2, paragraph 2, the 1995 Act, Schedule 1, paragraph 93 and Schedule 3 and by paragraph 5 of Schedule 1 to the 2000 Order.
1967 c. 88; section 28(5)(d) and (6)(c) were substituted by the National Health Service Reorganisation Act 1973 (c. 32) Schedule 4, paragraph 111 and amended by the 1977 Act, Schedule 15, paragraph 42, the 1990 Act, Schedule 9, paragraph 9, the 1995 Act, Schedule 1, paragraph 94 and paragraph 7 of Schedule 1 to the 2000 Order.
1968 c. 46; section 63(1)(a) was amended by the 1995 Act, Schedule 1, paragraph 95(2)(a), by the 1999 Act, Schedule 4, paragraph 3(a) and by the 2002 Act, Schedule 5, paragraph 2(2) (not yet in force).
1970 c. 42. The entry relating to the Children Act 1989 was inserted by the Children Act 1989 (c. 41), Schedule 13, paragraph 26(2) and amended by the 1990 Act, Schedule 9, paragraph 11(a) and by the Care Standards Act 2000
1972 c. 70; subsection (1A) was inserted by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 151, and amended by the 1990 Act, Schedule 9, paragraph 13(a) and by the 2000 Order, Schedule 1, paragraph 10(a).
1976 c. 74. Schedule 1A was inserted by the Race Relations (Amendment) Act 2000 (c. 34), Schedule 1.
Section 134(3)(e) was amended by the 1995 Act, Schedule 1, paragraph 107(10), the 2000 Order, Schedule 1, paragraph 16(7), the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, paragraph 74 and the 2002 Act, section 19(6) (not yet in force).
Section 139(4) was amended by the 1990 Act, Schedule 9, paragraph 24(7), the 1995 Act, Schedule 1, paragraph 107(11), and the 2000 Order, Schedule 1, paragraph 16(8).
Paragraph (a) was amended by the 1995 Act, Schedule 1, paragraph 107(14)(b), and by paragraph 49 of Schedule 2 to the 2002 Act.
The definition of “supervision application” was inserted by the Mental Health (Patients in the Community) Act 1995
Paragraph (b) was substituted by the 1995 Act, Schedule 1, paragraph 108(2) and then amended by the 2000 Order, Schedule 1, paragraph 17(2).
Section 13(4)(a) was amended by the Local Government (Wales) Act 1994 (c. 19), Schedule 9, paragraph 13(2), the 1995 Act, Schedule 1, paragraph 108(5), and by the 2000 Order, Schedule 1, paragraph 17(3).
Section 37(1) was amended by the 1990 Act, Schedule 9, paragraph 26(2), Schedule 10, and the 1995 Act, Schedule 1, paragraph 108(6).
Section 41(1) was amended by the 1990 Act, Schedule 9, paragraph 26(3), Schedule 10, and the 1995 Act, Schedule 1, paragraph 108(8).
1986 c. 33; paragraph (a) of the definition of “health authority” in section 2(9) was amended by the 1995 Act, Schedule 1, paragraph 111(2), and by the 2000 Order, Schedule 1, paragraph 18(2)(b).
1987 c. 33; section 1(1)(b)(i) and section 1(2) were substituted by the 1995 Act, Schedule 1, paragraph 113(2); section 1(2) was amended by the 2000 Order, Schedule 1, paragraph 19(2)(b); section 1(9) was amended by the 1995 Act, Schedule 1, paragraph 113(2)(d) and by the 2000 Order, Schedule 1, paragraph 19(2)(c).
1988 c. 1; section 519A was inserted by the 1990 Act, section 61(1); section 519A(2)(a) was substituted by the 1995 Act, Schedule 1, paragraph 114.
1988 c. 20; paragraph (b) of section 19 was amended by the 1995 Act, Schedule 1, paragraph 115, and by the 2000 Order, Schedule 1, paragraph 20.
Section 29(8)(c) was amended by the 1990 Act, Schedule 9, paragraph 36(3), the 1995 Act, Schedule 1, paragraph 118(6) and by the 2000 Order, Schedule 1, paragraph 24(6).
1990 c. 23; the 1995 Act, Schedule 1, paragraph 119(4) inserted the definition of “Special Health Authority” and substituted paragraph (a) of the definition of “health service body”; paragraph (a) of that definition was also amended by the 2000 Order, Schedule 1, paragraph 25.
Subsections (1), (3), (5), and (9) of section 87 were amended by the 1995 Act, Schedule 1, paragraph 120(2).
Subsections (1) to (7) of section 89 were amended by the 1995 Act, Schedule 1, paragraph 120(3).
Paragraphs 2 and 3 of Schedule 7 were amended by the 1995 Act, Schedule 1, paragraph 120(4).
1992 c. 53; paragraph 33 was substituted by the 1995 Act, Schedule 1, paragraph 123.
1995 c. 17; paragraph 2 of Schedule 2 was amended by Schedule 2, paragraph 62 of the 2002 Act.
1996 c. 15; subsection (1) was amended by the 1999 Act, Schedule 4, paragraph 87(a).
Section 50(8)(b) was amended by the 2000 Order, Schedule 1, paragraph 30(2).
Section 3(2)(f) was amended by the 2000 Order, Schedule 1, paragraph 31(2).
Section 64(7)(d) was amended by the 2000 Order, Schedule 1, paragraph 31(3).
Section 38(2)(b) was amended by the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”), Schedule 7, paragraphs 150 and 151, and by the 2000 Order, Schedule 1, paragraph 35(3).
Section 39(3)(b) was amended by the 2000 Act, Schedule 7, paragraphs 150 and 151, and by the 2000 Order, Schedule 1, paragraph 35(4).
Section 41(10) was amended by the 2000 Act, Schedule 7, paragraphs 150 and 151, and by the 2000 Order, Schedule 1, paragraph 35(5).
Section 42(3) was amended by the 2000 Act, Schedule 7, paragraphs 150 and 151, and by the 2000 Order, Schedule 1, paragraph 35(6).
Section 115(2)(e) was amended by the 2000 Act, Schedule 7, paragraphs 150 and 151.
2000 c. 14; section 121 was amended by the 2002 Act, Schedule 5, paragraph 46 (not yet in force).
2001 c. 15. See paragraphs 16(6) and 17(4) and (5) of Schedule 2 to the 2002 Act for amendment of the references to Health Authority in sections 42(4A) (as prospectively inserted by section 20(6)(c) of the 2001 Act) and 43 (2BA) and (2BB) of the 1977 Act (as prospectively inserted by section 20(7) of the 2001 Act).
S.I. 1912/348, amended by S.I. 1975/1189, 1981/358 and 1984/109.
Regional and District Health Authorities were abolished by the 1995 Act, section 1. Under the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 (S.I. 1996/971), article 3(2), references to Regional Health Authorities are to be construed, as appropriate, as references to the Secretary of State, a Health Authority or a Special Health Authority and references to District Health Authorities are to be construed as references to Health Authorities.
S.I. 1974/495, amended by S.I. 1982/288.
S.I. 1976/246, to which there are amendments not relevant to these Regulations. A further amendment to the Local Government Area Changes Regulations 1976 is contained in Schedule 8.
Area Health Authorities were replaced by District Health Authorities by the Health Services Act 1980 (c. 53), section 1.
S.I. 1980/1923, amended by S.I. 2000/1918.
S.I. 1980/1924 to which there are amendments not relevant to these Regulations.
Further amendments to the references to District Health Authority in the National Health Service (Notification of Births and Deaths) Regulations 1982 are contained in Schedules 7 and 11.
S.I. 1983/893. Further amendments to regulation 7(4)(b) are contained in Schedule 5.
S.I. 1983/942. Further amendments to the 1983 Rules are contained in Schedules 5 and 6.
S.I. 1986/1456, amended by S.I. 1998/2006.
S.I. 1987/1968, amended by S.I. 1991/2741.
S.I. 1988/1546. Regulation 2(1) is further amended in Schedule 11.
S.I. 1990/1718. Article 6 of this Order is amended in Schedule 7.
S.I. 1990/2024, amended by S.I. 1996/1755, 1998/646 and 2000/2434.
S.I. 1991/589, amended by S.I. 2000/694.
Strategic Health Authority is substituted in regulation 5(b)(i) by Schedule 3.
S.I. 1991/590, amended by S.I. 2000/694.
Strategic Health Authority is substituted in regulation 5(b)(i) by Schedule 3.
S.I. 1991/890, amended by S.I. 2002/546.
S.I. 1991/893, amended by S.I. 2002/546.
S.I. 1992/635, amended by S.I. 1998/2838, 2001/3742, and 2002/554 and 916. Further amendments to the National Health Service (General Medical Services) Regulations 1992 are contained in Schedules 5 and 7.
S.I. 1992/661, amended by S.I. 2000/2421, 2706. Further amendments to the National Health Service (General Dental Services) Regulations 1992 are contained in Schedules 5 and 7.
S.I. 1992/662, amended by S.I. 1998/681. Further amendments to the National Health Service (Pharmaceutical Services) Regulations 1992 are contained in Schedules 5, 7 and 10.
S.I. 1992/664, amended by S.I. 1996/703 and 1998/674. Further amendments to the National Health Service (Service Committees and Tribunal) Regulations 1992 are contained in Schedules 5 and 10.
S.I. 1992/2645, amended by S.I. 2001/161.
S.I. 1993/3167, amended by S.I. 2000/694.
S.I. 1995/300. Further amendments to the National Health Service Pension Scheme Regulations 1995 are contained in Schedules 5, 6 and 11.
References to “Family Health Services Authorities” are to be construed as references to Health Authorities by virtue of article 3(2)(a) of the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996, S.I. 1996/971.
S.I. 1995/622. There are no relevant amending instruments.
S.I. 1995/866, amended by S.I. 2000/606. Further amendments to the National Health Service (Injury Benefits) Regulations 1995 are contained in Schedules 2 and 5.
S.I. 1995/2801, amended by S.I. 1998/646 and 2000/696.
S.I. 1996/251, amended by S.I. 2000/2341.
S.I. 1996/640, amended by S.I. 1997/2289, 1999/2906 and 2000/657. Further amendments to the Community Health Councils Regulations 1996 are contained in Schedules 2 and 9.
S.I. 1996/1023, amended by S.I. 2000/694.
S.I. 1997/1830, amended by S.I. 2000/1917. Further amendments to the Prescription Only Medicines (Human Use) Order 1997 are contained in Schedules 4 and 5.
S.I. 1997/2289. There are no relevant amending instruments.
S.I. 1997/2817. Section 14 of the 2001 Act abolished the Medical Practices Committee and transferred its rights and liabilities to the Secretary of State. Further amendments to the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 are contained in Schedule 5.
S.I. 1997/2929, amended by S.I. 1998/1136.
S.I. 1998/646. A further amendment to the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 is contained in Schedule 2.
S.I. 1998/2223. Further amendments to the Dental Practice Boards (Personal Dental Services) Regulations 1998 are contained in Schedule 5.
S.I. 1999/873, amended by S.I. 2000/2385.
S.I. 1999/874, amended by S.I. 2000/2342.
S.I. 1999/2212. A further amendment to the Education (Maintained Special Schools) (England) Regulations 1999 is contained in Schedule 8.
S.I. 1999/2541. A further amendment to the Health Act (Fund-holding Practices) (Transfer of Assets, Savings, Rights and Liabilities and Transitional Provisions) Order 1999 is contained in Schedule 5.
S.I. 2000/89, amended by S.I. 2001/3787. A further amendment to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 is contained in Schedule 2.
S.I. 2000/617. Further amendments to the National Health Service Bodies and Local Authorities Partnership Arrangements Regulations 2000 are contained in Schedule 7.
S.I. 2000/662. Further amendments to the Commission for Health Improvement (Functions) Regulations are contained in Schedule 3.
S.I. 2000/3184, amended by S.I. 2001/2885. Further amendments to the Water Supply (Water Quality) Regulations 2000 are contained in Schedules 4 and 8.
S.I. 2001/1678. Further amendments to the National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001 are contained in Schedule 7.
S.I. 2001/2218. Further amendments to the Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001 are contained in Schedules 7 and 8.
S.I. 2001/3455. Further amendments to the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 are contained in Schedules 7 and 8.
Regulation 6(1) and (2) is amended in Schedule 11.
S.I. 2001/3750. Further amendments to the Family Health Services Appeal Authority (Procedure) Rules 2001 are contained in Schedule 5.
S.I. 1991/481, amended by S.I. 1998/564.
S.I. 1991/875, amended by S.I. 1995/1665.
S.I. 1995/866, amended by S.I. 1998/2217.
The first reference to “Health Authority” is amended in Schedule 5.
The first reference to “Health Authority” is amended in Schedule 5.
S.I. 1996/640, amended by S.I. 2000/657.
The words “Health Authority” contained in the term “Special Health Authority” in regulations 13(3) and 14(2)(b) are not amended by these Regulations.
Regulation 18 is also amended by Part 2 of Schedule 1.
S.I. 1991/589, amended by S.I. 2000/694.
S.I. 1991/590, amended by S.I. 2000/694.
S.I. 1999/2337, amended by S.I. 2001/3788.
S.I. 1997/1830, amended by S.I. 2000/1917.
S.I. 1976/615 amended by S.I. 1991/2284 and 2001/2931.
Regulation 7(4)(b) is also amended in Schedule 1.
S.I. 1983/942, amended by S.I. 1996/314.
S.I. 1986/975, amended by S.I. 1996/705, 1998/646, 2001/414,1423 and 3739.
The first reference to “Health Authority” in regulation 16 is amended in Schedule 7.
S.I. 1987/235, amended by S.I. 1991/2284 and 2001/2931.
S.I. 1987/1973, amended by S.I. 1998/563.
S.I. 1991/2887, amended by S.I. 1998/563.
The first reference to “Health Authority” is amended in Schedule 7.
The reference to “Health Authority” in regulation 18J(1)(b) is amended in Schedule 7.
The references to “Health Authority” in sub-paragraph (7)(h)(i) are amended in Schedule 7.
These two references are amended in Part 2 of Schedule 1.
S.I. 1992/662, amended by S.I. 1993/2451, 1996/698, 1998/681 and 1999/696.
S.I. 1992/664, amended by S.I. 1996/703 and 1998/674.
S.I. 1992/3182, amended by S.I. 1993/582.
The reference to “district health authority” in regulation 2(1)(a) is amended in Schedule 11.
S.I. 1995/300, amended by S.I. 2000/605 and 2002/561.
S.I. 1995/866, amended by S.I. 1997/646, 998/667 and 2217 and 2000/606.
S.I. 1997/1830, amended by S.I. 2000/1917.
S.I. 1997/2817. Section 14 of the 2001 Act abolished the Medical Practices Committee and transferred its rights and liabilities to the Secretary of State.
S.I. 1998/632, amended by S.I. 2000/661.
S.I. 1998/668, amended by S.I. 1999/3179.
S.I. 1983/942, amended by S.I. 1996/314.
S.I. 1992/1815, amended by S.I. 2001/155.
S.I. 1995/300, amended by S.I. 2000/605.
S.I. 1996/2890, amended by S.I. 2000/531 and 973.
S.I. 1997/818, amended by S.I. 1999/609.
Further amendments to regulations 3 and 4 are contained in Schedules 1 and 11.
S.I. 1986/975, amended by S.I. 1988/486, 1989/395, 1996/705, 2001/414, 1423, 3323 and 3739, 2002/601.
The reference to “Health Authority” in paragraph (2A) is amended in Schedule 5.
The second reference to “Health Authority” in regulation 16 is included in Schedule 5.
The references to “Health Authority” in paragraph 8B are included in Schedule 5.
The second reference to “Health Authority” is amended in Schedule 5.
The reference to “Health Authority” in regulation 8(1)(h) is amended in Schedule 5.
The references to “Health Authority” in regulation 19(6) and (6B)(b) are amended in Schedule 5.
The reference to “Health Authority” in paragraph (17) is amended in Schedule 5.
S.I. 1992/661, amended by S.I. 1993/2209 and 3172, 1995/3092, 2001/289, 2133, 2421, 2706 and 3741, 2002/558.
S.I. 1992/662, amended by S.I. 2002/888 and 2016.
S.I. 1997/980, amended by S.I. 1999/1606.
S.I. 2001/3740, amended by S.I. 2002/848.
Further amendments to regulation 6 are made in Schedule 1.
S.I. 1976/246, amended by S.I. 1978/247. References to Primary Care Trusts are inserted by paragraph 35 of Schedule 1.
S.I. 1976/615 as amended by S.I. 1994/2975, 1999/3109 and 2002/881. References to Primary Care Trusts are inserted by Schedule 5.
S.I. 1987/235. References to Primary Care Trusts are inserted by Schedule 5.
S.I. 1987/1973. References to Primary Care Trusts are inserted by Schedule 5.
S.I. 1991/2887. References to Primary Care Trusts are inserted by Schedule 5.
S.I. 1992/1815, amended by S.I. 2001/155. References to Primary Care Trusts are inserted by Schedule 6.
S.I. 1996/2745. References to Primary Care Trusts are inserted by Schedule 6.
S.I. 1996/2890. References to Primary Care Trusts are inserted by Schedule 6.
S.I. 1997/319. A reference to Primary Care Trusts is inserted by Schedule 6.
S.I. 1999/2212. A reference to Primary Care Trusts is inserted by paragraph 85 of Schedule 1.
S.I. 1999/2506. References to Primary Care Trusts are inserted by Schedule 7.
S.I. 2000/1973. References to Primary Care Trusts are inserted by Schedule 5.
S.I. 2000/3184. References to Primary Care Trusts are inserted by paragraph 91 of Schedule 1.
S.I. 2001/798. References to Primary Care Trusts are inserted by Schedule 7.
S.I. 2001/2218. References to Primary Care Trusts are inserted by Schedule 7.
S.I. 2001/3455. References to Primary Care Trusts are inserted by Schedule 7.
S.I. 2001/3967. A reference to Primary Care Trusts is inserted by Schedule 7.
S.I. 2001/3969. References to Primary Care Trusts are inserted by Schedule 7.
S.I. 2002/57. A reference to Primary Care Trusts is inserted by Schedule 7.
S.I. 1996/640, amended by S.I. 2000/657.
S.I. 1992/662, amended by S.I. 1993/2451, 1994/2402, 1995/644, 1996/698, 1998/681, 1999/696, 2001/2888, and 2002/551 and 888.
S.I. 1992/664, amended by S.I. 1995/3091, 1996/703 and 1998/674.
Regulation 15(22)(b) is amended in Schedule 1.
Further amendments to these Regulations are contained in Schedules 1 and 7.
Further amendments to these Regulations are contained in Schedule 1.
S.I. 1992/3182, amended by S.I. 1993/582.
Further amendments to these Regulations are contained in Schedule 5.
Section 29 was extended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17; and amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; by the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 18, and by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 8. Section 29A was inserted by the 1997 Act, section 32, and amended by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 20. Section 36(1) was so numbered by the Health and Social Security Act 1984 (c. 48), Schedule 3, paragraph 5(1) and amended by S.I. 1981/432, article 3(3)(a); by S.I. 1985/39, article 7(1); by the 1988 Act, Schedule 2, paragraph 4; by the 1990 Act, section 24 and by the 1995 Act, Schedule 1, paragraph 25(a). Section 36(3) was inserted by the 1990 Act, section 24(3). Subsections (1A) and (4) to (8) were inserted by the 2001 Act, section 20(4). Section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1), extended by the 1988 Act, section 17, and amended by S.I. 1987/2202, article 4; by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 12(3); by the 1995 Act, Schedule 1, paragraph 30; and by the 2001 Act, section 43(2), (3) and (4). Section 43 was amended by the 1980 Act, sections 1 and 21(2) and Schedule 1, paragraph 55; by S.I. 1985/39, article 7(15); by the 1990 Act, Schedule 9, paragraph 18(2); by the 1995 Act, Schedule 1, paragraph 31; by the 1997 Act, section 29(1) and Schedule 2, paragraph 14; and by the 2001 Act, sections 42(2) and 43(5). Section 43D was inserted by the 2001 Act, section 24.
S.I. 2001/3740, amended by S.I. 2002/848 and S.I. 2002/1920.
Section 43ZA was added by section 21 of the 2001 Act and sections 49F, 49I, 49L, 49M, 49N, 49O, 49P and 49Q were added by section 25 of that Act.
S.I. 1992/664. Regulations 3 and 5 were substituted by S.I. 1996/703 and regulation 15 was modified by S.I. 1996/971.
Section 49S was inserted into the National Health Service Act 1977 (c. 49) by the Health and Social Care Act 2001, section 27(1).
S.I. 2001/3750, relevant amendments to which were made by S.I. 2002/1921.
Editorial notes
Reg. 1 in force at 1.10.2002, see reg. 1
Reg. 2 in force at 1.10.2002, see reg. 1
Reg. 3 in force at 1.10.2002, see reg. 1
Reg. 4 in force at 1.10.2002, see reg. 1
Reg. 5 in force at 1.10.2002, see reg. 1
Reg. 6 in force at 1.10.2002, see reg. 1
Reg. 7 in force at 1.10.2002, see reg. 1
Reg. 8 in force at 1.10.2002, see reg. 1
Reg. 9 in force at 1.10.2002, see reg. 1
Reg. 10 in force at 1.10.2002, see reg. 1
Reg. 11 in force at 1.10.2002, see reg. 1
Reg. 12 in force at 1.10.2002, see reg. 1
Reg. 13 in force at 1.10.2002, see reg. 1
Reg. 14 in force at 1.10.2002, see reg. 1
Reg. 15 in force at 1.10.2002, see reg. 1
Reg. 16 in force at 1.10.2002, see reg. 1
Reg. 17 in force at 1.10.2002, see reg. 1
Reg. 18 in force at 1.10.2002, see reg. 1
Reg. 19 in force at 1.10.2002, see reg. 1
Sch. 1 para. 1 in force at 1.10.2002, see reg. 1
Sch. 1 para. 2 in force at 1.10.2002, see reg. 1
Sch. 1 para. 3 in force at 1.10.2002, see reg. 1
Sch. 1 para. 4 in force at 1.10.2002, see reg. 1
Sch. 1 para. 5 in force at 1.10.2002, see reg. 1
Sch. 1 para. 6 in force at 1.10.2002, see reg. 1
Sch. 1 para. 7 in force at 1.10.2002, see reg. 1
Sch. 1 para. 8 in force at 1.10.2002, see reg. 1
Sch. 1 para. 9 in force at 1.10.2002, see reg. 1
Sch. 1 para. 10 in force at 1.10.2002, see reg. 1
Sch. 1 para. 11 in force at 1.10.2002, see reg. 1
Sch. 1 para. 12 in force at 1.10.2002, see reg. 1
Sch. 1 para. 13 in force at 1.10.2002, see reg. 1
Sch. 1 para. 14 in force at 1.10.2002, see reg. 1
Sch. 1 para. 15 in force at 1.10.2002, see reg. 1
Sch. 1 para. 16 in force at 1.10.2002, see reg. 1
Sch. 1 para. 17 in force at 1.10.2002, see reg. 1
Sch. 1 para. 18 in force at 1.10.2002, see reg. 1
Sch. 1 para. 19 in force at 1.10.2002, see reg. 1
Sch. 1 para. 20 in force at 1.10.2002, see reg. 1
Sch. 1 para. 21 in force at 1.10.2002, see reg. 1
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