Citation and commencement

1

These Regulations may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 and shall come into force on 1st October 2002.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see above.

Application and extent

2

Application and extent2

(1)    Regulations 3 and 15 to 17 apply only in relation to England.

(2)    Subject to paragraphs (3), (4) and (5), the extent of any amendment made under regulations 4 to 14 is the same as that of the provision amended.

(3)    Where before the coming into force of these Regulations, a provision of a statutory instrument has been amended and that amendment applies only in relation to England, any further amendment of that provision made by these Regulations shall similarly apply only in relation to England.

(4)    Nothing in these Regulations shall be taken as amending any provision of a statutory instrument, or part of such a provision, which applies in relation to Wales only.

(5)    The amendments made by paragraphs 33, 56 and 76(3) and (4) of Schedule 1 apply only in relation to England.

(6)    Regulation 18 extends to England and Wales and to Scotland but not to Northern Ireland.

(7)    The extent of any repeal or revocation of any enactment under regulation 19 is the same as that of the enactment repealed or revoked.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Change of name of Health Authorities

3

Change of name of Health Authorities3

(1)    In the name of each Health Authority listed in column 1 of Schedule 1 to the Health Authorities (Establishment and Abolition) (England) Order 2002 for “Health Authority” in each place it occurs there is substituted “Strategic Health Authority”.

(2)    The changes of name effected by paragraph (1) shall not—

(a)    affect any right or obligation of any person; or

(b)    be taken as invalidating any instrument (whether made before or on or after the date on which these Regulations come into force) which refers to the Authorities by their previous names;

and all instruments and other documents which refer to the Authorities under their previous names shall be construed as if referring to them under their new names.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Consequential amendments

4

Consequential amendments4

The enactments specified in Schedule 1 are amended as there specified.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

5

5

In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, before “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 2, there is inserted “Strategic Health Authority,”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

6

6

In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, for “Health Authority” or, as the case may be, “health authority”, in each place where it occurs, there is substituted “Strategic Health Authority”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

7

7

In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, there is inserted, in the appropriate alphabetical position—

““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;“.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

8

8

In the enactments specified in column 1 of Schedule 5, in the provisions specified in column 2—

(a)    after “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 5, there is inserted “or Primary Care Trust”;

(b)    after “Health Authorities” or, as the case may be, “Health authorities”, in each place where it occurs, there is inserted “or Primary Care Trusts”; and

(c)    after “Health Authority's” or, as the case may be, “health authority's”, in each place where it occurs unless otherwise specified in Schedule 5, there is inserted “or Primary Care Trust's”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

9

9

In the enactments specified in column 1 of Schedule 6, in the provisions specified in column 2, after “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 6, there is inserted “, Primary Care Trust”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

10

10

In the enactments specified in column 1 of Schedule 7, in the provisions specified in column 2—

(a)    for “Health Authority” or, as the case may be, “health authority” or “District Health Authority”, in each place where it occurs unless otherwise specified in Schedule 7, there is substituted “Primary Care Trust”;

(b)    for “Health Authorities” or, as the case may be, “health authorities”, in each place where it occurs, there is substituted “Primary Care Trusts”; and

(c)    for “Health Authority's”, in each place where it occurs, there is substituted “Primary Care Trust's”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

11

11

In the enactments specified in column 1 of Schedule 8, in the provisions specified in column 2, there is inserted, in the appropriate alphabetical position—

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;“.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

12

12

In the enactments specified in column 1 of Schedule 9, in the provisions specified in column 2, before “Health Authority” or, as the case may be, “health authority”, in each place it occurs unless otherwise specified in Schedule 9, there is inserted “Strategic Health Authority or”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

13

13

In the enactments specified in column 1 of Schedule 10, in the provisions specified in column 2—

(a)    for “Family Health Services Authority” or, as the case may be, “FHSA” or “Family Practitioner Committee”, in each place where it occurs unless otherwise specified in Schedule 10, there is substituted “Health Authority or Primary Care Trust”; and

(b)    for “FHSA's”, in each place it occurs unless otherwise specified in Schedule 10, there is substituted “Health Authority's or Primary Care Trust's”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

14

14

In the enactments specified in column 1 of Schedule 11, in the provisions specified in column 2, for “District Health Authority” or, as the case may be, “district health authority”, in each place where it occurs unless otherwise specified in Schedule 11, there is substituted “Health Authority or Primary Care Trust”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

15

15

The consequential and transitional provisions in Schedule 12 shall have effect.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

National Health Service Act 1977

16

National Health Service Act 197716

Until the provisions of the Health and Social Care Act 2001 specified in Schedule 2 to the Health and Social Care Act 2001 (Commencement No 6) (England) Order 2001 come into force for all purposes—

(a)    the references to Health Authority in sections 46 and 49A(1) of the National Health Service Act 1977 are to have effect as if they included references to a Primary Care Trust; and

(b)    the references to Health Authorities in section 46(4) of and paragraph 3 of Schedule 9 to that Act are to have effect as if they included references to Primary Care Trusts.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Community Health Councils (Access to Information) Act 1988

17

Community Health Councils (Access to Information) Act 198817

Until section 22 of the National Health Service Reform and Health Care Professions Act 2002 comes into force, the reference in section 1(6)(a) of the Community Health Councils (Access to Information) Act 1988 to any Health Authority is to have effect as if it included a reference to any Strategic Health Authority.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Continuing validity of forms

18

Continuing validity of forms18

Notwithstanding the amendment made by Schedule 5 to the form of certificate set out in Part 2 of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976, a form which complies with those regulations as in force on 30th September 2002 shall continue to be valid.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Repeals and revocations

19

Repeals and revocations19

(1)    The enactments listed in Schedule 13 are repealed to the extent there specified.

(2)    The National Health Service Trusts and Primary Care Trusts (Pharmaceutical Services Remuneration-Special Arrangement) Order 2000 is revoked.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Signature

Signed by authority of the Secretary of State

John Hutton

Minister of State,

Department of Health

25th September 2002

SCHEDULE 2 Enactments where before Health Authority there is Inserted Strategic Health Authority,

SCHEDULE 2Enactments where before “Health Authority” there is Inserted “Strategic Health Authority,” Regulation 5
Title of enactmentProvisions to be amended
General Dental Council Health Committee (Procedure) Rules Order of Council 1984Rule 2, in the definition of “person acting in a public capacity”
National Health Service (Remuneration and Conditions of Service) Regulations 1991Regulation 1(2), in the definition of “authority”
Buying Agency Trading Fund Order 1991Schedule 1, paragraph (a)
National Health Service (Injury Benefits) Regulations 1995Regulation 2(1), in the definition of “assistant practitioner”
Regulation 2(1), in paragraph (a) of the definition of “practitioner” in the second place where it occurs
Regulation 2(1), in paragraph (e)(i) of the definition of “practitioner”, in the second place where it occurs
Community Health Councils Regulations 1996Regulation 13(3), in the first place where it occurs
Regulation 14(2)(b), in the first place where it occurs
Regulation 18(1), in the second place where it occurs
Regulation 19(2) and (3)
National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998Regulation 3
Commission for Health Improvement (Membership and Procedure) Regulations 1999Regulation 1(2), in paragraph (a) of the definition of “health service body”
Regulation 5(1)(h)
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000Regulation 1(2), in paragraph (a) of the definition of “health service body”
Regulation 1(2), in paragraph (e) of the definition of “nurse”
National Care Standards Commission (Membership and Procedure) Regulations 2001Regulation 1(2), in paragraph (a) of the definition of “health service body”
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Professions & Ethics96 Health Professions96 Health Law96

SCHEDULE 3 Enactments where Strategic Health Authority is Substituted for Health Authority

SCHEDULE 3Enactments where “Strategic Health Authority” is Substituted for “Health Authority” Regulation 6
Title of enactmentProvisions to be amended
Statutory Sick Pay (National Health Service Employees) Regulations 1991Regulation 5(b)(i)
Statutory Maternity Pay (National Health Service Employees) Regulations 1991Regulation 5(b)(i)
Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999Regulation 1(2), in the definition of “relevant Health Authority”
Regulation 1(2), in paragraph (a) of the definition of “relevant Primary Care Trust”
Regulation 1(2), in paragraph (b) of the definition of “staff representatives”
Regulations 2, 3, 4, 5 and 6
Health Development Agency Regulations 1999Regulation 3(1)(d)
Commission for Health Improvement (Functions) Regulations 2000Regulations 8 and 9
Regulation 12(b)
Regulation 13
Regulation 16
National Health Service Appointments Commission Regulations 2001Regulation 3(1)(e)(i)
Care Trusts (Applications and Consultation) Regulations 2001Regulation 3(b)(i), 6(2) and (3)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

SCHEDULE 4 Enactments where a Definition of Strategic Health Authority is Inserted

SCHEDULE 4Enactments where a Definition of Strategic Health Authority is Inserted Regulation 7
Title of enactmentProvisions to be amended
Prescription Only Medicines (Human Use) Order 1997Article 1(2)
Water Supply (Water Quality) Regulations 2000Regulation 2(1)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

SCHEDULE 5 Enactments where after Health Authority, Health Authorities or Health Authority's there is Inserted or Primary Care Trust, or Primary Care Trusts or or Primary Care Trust's

SCHEDULE 5Enactments where after “Health Authority”, “Health Authorities” or “Health Authority's” there is Inserted “or Primary Care Trust”, “or Primary Care Trusts” or “or Primary Care Trust's” Regulation 8
Title of enactmentProvisions to be amended
Social Security (Medical Evidence) Regulations 1976Schedule 2, Part 2, Maternity Certificate
Medicines (Pharmacy and General Sale-Exemption) Order 1980Schedule 1, Part II, paragraph 11 of Column 1
Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983Regulation 7(4)(b), in the last two places where it occurs
Mental Health Review Tribunal Rules 1983Rule 2, in paragraph (c) of the definition of “responsible authority”
Schedule 1, paragraph 4
National Health Service (General Ophthalmic Services) Regulations 1986Regulation 2(1), in the definition of “day centre”
Regulation 2(1), in the definition of “residential centre”
Regulation 2(1), in the definition of “suspended”
Regulation 9(2A)
Regulation 16, in the second place where it occurs
Schedule 1, paragraphs 3A, 4(2A), 5, 6(2), 7(1)(a), 8(3)(a), 8B and 8C(4)
Statutory Maternity Pay (Medical Evidence) Regulations 1987Schedule, Part 2, Maternity Certificate
Family Credit (General) Regulations 1987Schedule 2, paragraph 24(a)
Disability Working Allowance (General) Regulations 1991Schedule 3, paragraph 24(a)
National Health Service (General Medical Services) Regulations 1992Regulation 2(1), in the definition of “medical card”
Regulation 2(1), in the definition of “suspended”
Regulation 4(3), in the second place where it occurs
Regulation 4(5)(f)
Regulation 5A
Regulation 6(5), (7) and (8)
Regulation 8(1)(h)
Regulations 12 to 18E
Regulation 18F(1), (2A) and (3)
Regulations 18G, 18J but not in paragraph (1)(b), 18K and 18L
Regulation 19(6) and (6B)(b)
Regulation 25(17)
Regulation 26
Regulation 28(3)(c)
Regulation 34B
Schedule 2, paragraphs 6(2), 18A but not in sub-paragraph (7)(h)(i), 18B, 18C, 22, 28A, 32(2), 34(2), 36 and 47B
Schedule 3, Part I, paragraphs 1, 3, 4, 5, 6, 8, 11(a) and 13, and Part III, paragraphs 13, 14, 17 and 24
Schedule 7A, paragraphs 1(3), (4) and (5), 3(1) and 4(4)
Schedule 8, Part I, paragraph 8
National Health Service (General Dental Services) Regulations 1992Regulation 2(1), in the definition of “Local Dental Committee” “Local Medical Committee” and “Local Pharmaceutical Committee”
Regulation 2(1), in the definition of “locality”
Regulation 2(1), in the definition of “patient record”
Regulation 2(1), in the definition of “practice record form”
Regulation 2(1), in the definition of “salaried dentist”
Regulation 2(1), in the definition of “suspended”
Regulation 3
Regulation 4, but not in paragraph (7)(a)(iv) or (v)
Regulation 5(1), (3) and (3A)
Regulations 5A, 5C to 8, and 9
Regulation 10(1)
Regulations 11 to 16, and 20 to 22
Regulation 24(4)(a), (b) and (c)
Regulations 25 to 27, and 29 to 32
Schedule 1, paragraphs 4, 5, 9(2)(a) and (4), 11, 11A, 13, 15, 25 to 27, 27B, 31, 31B, 31D, 31G, 32, 33, 35(3), (4), (5), (8), (9) and (10), 39 and 41 to 44
Schedule 2, paragraphs 8, 9 and 14
Schedule 6, paragraph 2
National Health Service (Pharmaceutical Services) Regulations 1992Regulation 2(1), in the definition of “doctor's list”
Regulation 18A(1)
Regulation 18B
Regulation 20(1A)(a) and (b)
Regulation 21B
Regulation 21C(1)
Schedule 2, Part II, paragraphs 2A, 4(26), (26A) and (26B), 5(1A)(a), 8(1A)(a), 10B, and Part III, paragraphs 11B, 14(1) and 15
National Health Service (Service Committees and Tribunal) Regulations 1992Regulation 2(1), in the definition of “appropriate Health Authority”
Regulation 2(1), in the definition of “statement of case”
Regulations 3 to 6
Regulation 7(3)
Regulations 8 to 13
Regulation 16(13)(b)
Regulation 17(15)(b)
Regulation 24(1B)
Regulations 31B and 37
Schedule 2, paragraphs 1, 2(b)(i), 4, 6 and 8(b)(iv), (d) and (e)
Schedule 4
Residential Accommodation (Determination of District Health Authority) Regulations 1992Regulation 2(1)(a), in the second place where it occurs
Regulation 2(2)
National Health Service Pension Scheme Regulations 1995Regulation R1(1)
Schedule 2, paragraph 1, paragraph(b)(i) of the definition of “locum practitioner”
Schedule 2, paragraphs 2(1), 2(1A) in the definition of “the listing Authority”, 3(2)(a), 4(4) and 5
National Health Service (Injury Benefits) Regulations 1995Regulation 2(1), in the definition of “assistant practitioner”
Regulation 2(1), in the definition of “practitioner”
Regulation 3(1)(f)
Regulation 4A(6)
Mental Health (After-care under Supervision) Regulations 1996Regulation 2
Schedule 2, Form 1S, Part III
Schedule 2, Form 5S, Part II
Schedule 2, Form 6S, Part II
National Health Service (Functions of Health Authorities) (Complaints) Regulations 1996Regulation 2
National Health Service (Optical Charges and Payments) Regulations 1997Regulation 1(2), in the definition of “responsible authority”
Regulation 9(4)
National Health Service (Indicative Amounts) Regulations 1997Regulation 3
Prescription Only Medicines (Human Use) Order 1997Article 12B(2)(d)(ii)
National Health Service (Vocational Training for General Medical Practice) Regulations 1997Regulation 4(2)
Regulation 4(3)
National Health Service (Functions of Health Authorities) (Prescribing Incentive Schemes) Regulations 1998Regulation 1(2), in paragraph (b) of the definition of “practice”
Regulation 1(2), in the definition of “prescribing incentive scheme”
Regulation 2
National Health Service (Choice of Medical Practitioner) Regulations 1998Regulation 1(2), in the definition of “doctor's list”
Regulation 1(2), in the definition of “medical card”
Regulation 1(2), in the definition of “pilot scheme provider”
Regulations 3 and 4
Regulation 5(1) and (6)
Regulation 6
Regulation 8(2)(a) and (3)
Dental Practice Boards (Personal Dental Services) Regulations 1998Regulation 2(5)
Regulation 5
Health Act 1999 (Fund-holding Practices) (Transfer of Assets, Savings, Rights and Liabilities and Transitional Provisions) Order 1999Article 8
Pollution Prevention and Control (England and Wales) Regulations 2000Schedule 4, Part 2, paragraph 9(1)(a)
National Health Service (General Medical Services Supplementary List) Regulations 2001Regulation 2(1), in the definition of “suspended”
Family Health Services Appeal Authority (Procedure) Rules 2001Rule 2(1), in the definition of “contingent removal decision”
Rule 2(1), in the definition of “disputed decision”
Rule 2(1), in the definition of “party”
Rule 2(1), in the definition of “respondent”
Rule 2(1), in the definition of “respondent Health Authority”
Rule 2(2)(a) and (c)
Rule 5
Rule 6(2)(e)
Rules 12, 13 and 14
Rule 15(4)
Rule 29(6)
Rule 36(1)
Rule 38(2)(b)
Rule 41(7)
Rule 42(6)
Rule 46(a)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Professions & Ethics94 Health Professions94 National Health Service (NHS)94 Health Law94

SCHEDULE 6 Enactments where after Health Authority there is Inserted , Primary Care Trust

SCHEDULE 6Enactments where after “Health Authority” there is Inserted “, Primary Care Trust” Regulation 9
Title of enactmentProvisions to be amended
Mental Health Review Tribunal Rules 1983Rule 7(e)
Rule 8(2)(b)
General Dental Council Health Committee (Procedure) Rules Order of Council 1984Rule 2, in the definition of “person acting in a public capacity”
Child Support (Maintenance Assessments and Special Cases) Regulations 1992Schedule 2, paragraph 30
National Health Service Pension Scheme Regulations 1995Schedule 2, paragraphs 8(3) and 10(4), (5) and (6)
Social Security Benefit (Computation of Earnings) Regulations 1996Regulation 12(2)(b)
Schedule 1, paragraph 7
Housing Renewal Grants Regulations 1996Regulation 26(b)
Local Authorities (Capital Finance) Regulations 1997Regulation 158(a), in the first place where it occurs
National Health Service (Optical Charges and Payments) Regulations 1997Regulation 11
National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998Regulation 2
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Professions & Ethics94 Health Professions94 National Health Service (NHS)94 Health Law94

SCHEDULE 7 Enactments where for Health Authority, District Health Authority, Health Authorities or Health Authority's there is Substituted Primary Care Trust, Primary Care Trusts or Primary Care Trust's

SCHEDULE 7Enactments where for “Health Authority”, “District Health Authority”, “Health Authorities” or “Health Authority's” there is Substituted “Primary Care Trust”, “Primary Care Trusts” or “Primary Care Trust's” Regulation 10
Title of enactmentProvisions to be amended
National Health Service (Notification of Births and Deaths) Regulations 1982Regulation 3, in the second place where District Health Authority" occurs
Regulation 4, in the second place where District Health Authority" occurs
National Health Service (General Ophthalmic Services) Regulations 1986Regulation 2(1) in the definition of “locality”
Regulation 2(1) in the definition of “Medical Supplementary List”
Regulation 6(1), (3)(b) and (4)
Regulations 7 to 7C, and 8
Regulation 9(1), (2) and (3)
Regulations 9B to 9G
Regulation 10(1)
Regulations 11 and 12
Regulation 12A(1)
Regulation 13A(2) and (3)(c)
Regulation 13B(3) and (4)
Regulation 15
Regulation 16, in the first place where it occurs
Schedule 1, paragraphs 4(2), 6A, 6B, 7(2)(a), 8(4)(a) and 9(1) and (6)
Schedule 1A, paragraphs 7(a)(v) and (b)(iii), 10, 11, 12, 13(b), 14
Prescription Pricing Authority Constitution Order 1990Article 6
National Health Service (General Medical Services) Regulations 1992Regulation 2(1), in the definition of “local directory”
Regulation 2(1), in the definition of “locality”
Regulation 2(1), in the definition of “Medical Supplementary List”
Regulation 3
Regulation 4(1), 4(3) in the first place where it occurs and 4(4) and (5)(g)
Regulation 6(1), (2), (3), (4) and (6)
Regulations 7 and 7B to 7G
Regulation 8, except where it occurs in paragraph (1)(h)
Regulations 9, 18EE and 18EF
Regulation 18F(4)
Regulation 18GG(1)
Regulation 18J(1)(b)
Regulation 18M
Regulation 19, but not in paragraph (6) or (6B)(b)
Regulations 22 to 24
Regulation 25, but not in paragraph (17)
Regulation 27
Regulation 28(1) and (5)
Regulations 30 to 34A and 35 to 39
Schedule 2, paragraphs 1, 1A, 4, 5, 6(3), 9 to 11, 12(3), 13, 14, 17, 18, 18A(7)(h)(i), 19 to 21, 23 to 24, 27, 28, 29 to 31, 32(1), 33, 34(1), 35, 36A, 36B, 38, 39, 41, 43, 47 and 49 to 51
Schedule 3, Part III, paragraphs 6A, 19, 19A, 25 and 26
Schedule 4, paragraph 1(b)
Schedule 5, Part I, paragraphs 3 and 5
Schedule 12, paragraph 5
Schedule 13, paragraph 1
National Health Service (General Dental Services) Regulations 1992Regulation 2(1), in the definition of “estimate”
Regulation 2(2)
Regulation 5(2), (2C), (2E), (3ZA), (4) and (5)
Regulations 5ZA to 5ZD, and 8B to 8G
Regulation 10(2A), (2B) and (2C)
Regulation 24(4)(h)
Regulation 28B(1)
Schedule 1, paragraphs 2, 8(2)(b)(iii), 9(2)(b)(iv), 31H and 31J
Schedule 2, paragraphs 5B and 17
National Health Service (Pharmaceutical Services) Regulations 1992Regulations 6A and 8A
Regulation 12(15A)
Regulation 17(1A)
National Health Service (Indicative Amounts) Regulations 1997Regulation 2(3), in the first place where it occurs
Education (Special Educational Needs) (Information) (England) Regulations 1999Regulation 4(1)(ii)
National Health Service Bodies and Local Authorities Partnership Arrangements Regulations 2000Regulation 2(1), in the definition of “health improvement plan”
Regulation 4(3)
Regulation 7(2)
Regulation 9(2)
School Organisation Proposals by the Learning and Skills Council for England Regulations 2001Regulation 6(2)(d)
National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001Regulation 1(2), in the definition of “incentive scheme”
Regulation 2(2)(a) and (3)
Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001Regulation 3(1)(a) and (4)(a)
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001Regulation 2(3)
Regulation 6(2)(b)
Regulation 7(1)(c)
Regulation 9
Regulation 12(7)(e), (8), (9) and (10)
Regulation 18(6)
Schedule 2, Part 6
National Health Service (General Medical Services Supplementary List) Regulations 2001Regulation 2(1), in the definition of “professional registration number”
Regulation 3(1)
Regulations 4 to 19
Family Health Services Appeal Authority (Primary Care Act) Regulations 2001Regulation 2(1), in the definition of “the complainant”
Regulation 4(2)(c)(iv) and (3)
Regulation 7(2)
Regulations 8 and 10
Regulation 13(4)
Regulations 14 and 16
Regulation 17(c)
Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001Regulation 6(1) and (2)
Children's Homes Regulations 2001Column 2 of Schedule 5
National Care Standards Commission (Registration) Regulations 2001Regulation 15(4)(d)(iii)
Fostering Services Regulations 2002Column 2 of Schedule 8
National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002Regulation 1(3), in the definition of “practice”
National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002Regulations 1 to 9
National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No 2) Regulations 2002Regulation 1(3), in the definition of “relevant Health Authority”
Regulation 2(2)
Regulation 3(2)(c)
Regulation 4(1) and (8)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

Pharmacy, Drugs & Medicinal Products91 National Health Service (NHS)95 Health Law95

SCHEDULE 8 Enactments where a Definition of Primary Care Trust is Inserted

SCHEDULE 8Enactments where a Definition of Primary Care Trust is Inserted Regulation 11
Title of enactmentProvisions to be amended
Local Government Area Changes Regulations 1976Regulation 3(2)
Social Security (Medical Evidence) Regulations 1976Regulation 1(2)
Statutory Maternity Pay (Medical Evidence) Regulations 1987Regulation 1(2)
Family Credit (General) Regulations 1987Regulation 2(1)
Disability Working Allowance (General) Regulations 1991Regulation 2(1)
Child Support (Maintenance Assessments and Special Cases) Regulations 1992Regulation 1(2)
Social Security Benefit (Computation of Earnings) Regulations 1996Regulation 2(1)
Housing Renewal Grants Regulations 1996Regulation 2(1)
Local Authorities (Capital Finance) Regulations 1997Regulation 154(1)
Education (Maintained Special Schools) (England) Regulations 1999Regulation 2(1)
Education (Special Educational Needs) (Information) (England) Regulations 1999Regulation 2
Pollution Prevention and Control (England and Wales) Regulations 2000Schedule 4, paragraph 9(2)
Water Supply (Water Quality) Regulations 2000Regulation 2(1)
School Organisation Proposals by the Learning and Skills Council for England Regulations 2001Regulation 2(1)
Special Educational Needs (Provisions of Information by Local Education Authorities) (England) Regulations 2001Regulation 1(2)
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001Regulation 2(1)
Children's Homes Regulations 2001Regulation 2(1)
National Care Standards Commission (Registration) Regulations 2001Regulation 2(1)
Fostering Services Regulations 2002Regulation 2(1)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

SCHEDULE 9 Enactments where before Health Authority there is Inserted Strategic Health Authority or

SCHEDULE 9Enactments where before “Health Authority” there is Inserted “Strategic Health Authority or” Regulation 12
Title of enactmentProvisions to be amended
Community Health Councils Regulations 1996Regulation 16(2)(a)
Regulation 18(1A), (3), (4), (5), and (6)
Health Authorities (Membership and Procedure) Regulations 1996Regulation 1(2), in the definition of “Authority”
National Health Service (Compensation for Premature Retirement) Regulations 2002Regulation 2(1), in the first place where it occurs in paragraph (a) of the definition of “employing authority”
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

SCHEDULE 10 Enactments where for Family Health Services Authority, FHSA, Family Practitioner Committee or FHSA's there is Substituted Health Authority or Primary Care Trust or Health Authority's or Primary Care Trust's

SCHEDULE 10Enactments where for “Family Health Services Authority”, “FHSA”, “Family Practitioner Committee” or “FHSA's” there is Substituted “Health Authority or Primary Care Trust” or “Health Authority's or Primary Care Trust's” Regulation 13
Title of enactmentProvisions to be amended
National Health Service (Family Practitioner Committees-Supply of Goods) Regulations 1974Regulation 3
National Health Service (Dentists' Remuneration-Special Arrangement) Order 1991Article 2(2)
National Health Service (Pharmaceutical Services) Regulations 1992Regulation 2(1), in the definition of “chemist”
Regulation 2(1), in the definition of “controlled locality”
Regulation 2(1), in the definition of “locality”
Regulation 2(1), in the definition of “pharmacist”
Regulations 3 to 6, and 7 to 15
Regulation 16A(2)(a)(i) and (2)(b)
Regulations 17, 18 and 20
Regulation 21(1)
Regulations 22 and 24
Schedule 2, paragraphs 2(c), 4, 6, 8, 10(1), 11, 12(1) and 13(2)
Schedule 3, Parts I and II
National Health Service (Service Committees and Tribunal) Regulations 1992Regulation 15, but not in paragraph (22)(b)
Regulation 18(2), (3) and (6)
Regulation 21(1), in paragraph (b) of the definition of “respondent”
Regulation 24(3)
Regulation 24A
Regulation 26(2A) and (4)
Regulation 29(7)
Regulation 32(1)(b)
Regulation 33
Regulation 35(3)(a)
Schedule 7, paragraphs 1 and 2
Schedule 9, paragraphs 2, 5 and 7
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

SCHEDULE 11 Enactments where for District Health Authority there is Substituted Health Authority or Primary Care Trust

SCHEDULE 11Enactments where for “District Health Authority” there is Substituted “Health Authority or Primary Care Trust” Regulation 14
Title of enactmentProvisions to be amended
National Health Service (Notification of Births and Deaths) Regulations 1982Regulation 3, in the first place where it occurs
Regulation 4, in the first place where it occurs
Adoption Agencies Regulations 1983Regulation 12(2)(c)
Public Health (Infectious Diseases) Regulations 1988Regulation 2(1) in the definition of “appropriate medical officer”
Residential Accommodation (Determination of District Health Authority) Regulations 1992Regulation 2(1)
National Health Service Pension Scheme Regulations 1995Regulation R1(2)
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

National Health Service (NHS)95 Health Law95

SCHEDULE 13 Repeals

SCHEDULE 13Repeals Regulation 19
Short title and chapterExtent of repeal
National Health Service and Community Care Act 1990In 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 1995In 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).
NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see reg 1.

EXPLANATORY NOTE

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.

Civil Procedure & Administration of Justice91 Boards & Tribunals91