1 Citation, commencement and extent

(1)    These Regulations may be cited as the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 and shall come into force on 29th November 2002.

(2)    These Regulations extend to England and Wales only.

NOTES
Initial Commencement
Specified date

Specified date: 29 November 2002: see para (1) above.

Extent

These Regulations do not extend to Scotland: see para (2) above.

2 Interpretation

2Interpretation

In these Regulations—

“the 1977 Act” means the National Health Service Act 1997;

“the 1990 Act” means the National Health Service and Community Care Act 1990.

NOTES
Initial Commencement
Specified date

Specified date: 29 November 2002: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

3 Amendment of the 1977 Act

3Amendment of the 1977 Act

(1)    After subsection (1) of section 3 of the 1977 Act (services generally) there shall be inserted—

“(1A)    The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales.”

(2)    Section 5(2)(b) of the 1977 Act is repealed.

NOTES
Initial Commencement
Specified date

Specified date: 29 November 2002: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

4 Amendment of the 1990 Act

4Amendment of the 1990 Act

After paragraph 15 of Schedule 2 to the 1990 Act there shall be added—

“15A

An NHS Trust may arrange for the provision of accommodation and services outside England and Wales.”

NOTES
Initial Commencement
Specified date

Specified date: 29 November 2002: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

Signature

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State

Department of Health

7th November 2002

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations (which apply to England and Wales) amend the National Health Service Act 1977 and the National Health Service and Community Care Act 1990 to implement European obligations (arising from decisions of the European Court of Justice, in particular case C-157/99 BSM Geraets-Smits v Stichting Ziekenfonds VGZ and HTM Peerbooms v Stichting CZ Groep Zorgverzekeringen) and enable rights to be enjoyed relating to the freedom to provide services. They also make provision for the purpose of dealing with matters arising out of or related to such obligations or rights with regard to the rest of the world.

Regulation 3(1) amends section 3 of the 1977 Act by expressly enabling the Secretary of State to provide anything listed in subsection (1) outside England and Wales.

Regulation 3(2) repeals section 5(2)(b) of the 1977 Act.

Regulation 4 adds a new paragraph 15A to Schedule 2 to the 1990 Act enabling NHS Trusts to arrange for the provision of accommodation and services outside England and Wales.

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