1 Citation, commencement, interpretation and application

(1)    These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.

(2)    In these Regulations, “the principal Regulations” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002.

(3)    These Regulations apply in relation to England.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see para (1) above.

2 Amendment of regulation 2 of the principal Regulations

2Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation), in paragraph (1), in the appropriate alphabetical position, insert—

““the 1989 Act” means the Children Act 1989;";

““adult” means a person who has attained the age of eighteen;”;

““child” means a person under the age of eighteen;”;

““children's home” has the same meaning as in the 2000 Act;”;

““young people” means persons who have attained the age of twelve but are under the age of twenty.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

Child Protection97 Family Law97 Children's Homes97

3 Amendment of regulation 3 of the principal Regulations

3Amendment of regulation 3 of the principal Regulations

(1)    Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.

(2)    In paragraph (2)(b), after “Strategic Health Authorities but” insert “, subject to paragraph (2A),”.

(3)    After paragraph (2), insert—

“(2A)    Subject to regulation 6, the Secretary of State's functions relating to the health service under section 3(1) of the National Health Service Act 2006 (services generally) are to be exercisable by Strategic Health Authorities for the purpose of securing, by arrangement with any person or body, the provision of any service specified in Schedule 5.”.

(4)    In paragraph (7)(a), for “paragraph (7B)” substitute “paragraphs (7B), (7E) and (7G)”.

(5)    After paragraph (7A), insert—

“(7AA)    For the purposes of paragraph (7A), an arrangement includes an arrangement made jointly by the placing PCT and a local authority.”.

(6)    After paragraph (7B), insert—

“(7C)    Paragraph (7E) applies where—

(a)    under arrangements made on or after 1st April 2007—

(i)    by a Primary Care Trust in exercise of its functions under paragraph (7)(a);

(ii)    by a local authority; or

(iii)    jointly by a Primary Care Trust in exercise of its functions under paragraph (7)(a) and a local authority,

a child to whom paragraph (7D) applies is provided with services which consist of or include the provision of accommodation situated in the area of another Primary Care Trust or a Local Health Board; and

(b)    the child—

(i)    is thereby resident in such accommodation; and

(ii)    does not fall under the responsibility of the originating Primary Care Trust under paragraph (7)(a)(i).

(7D)    This paragraph applies to a child who—

(a)    is looked after by a local authority within the meaning of section 22 of the 1989 Act;

(b)    is a relevant child within the meaning of section 23A of the 1989 Act;

(c)    qualifies for advice and assistance under section 24(1A) or (1B) of the 1989 Act;

(d)    is provided with accommodation at a school to which he is admitted in accordance with a statement of special educational needs made under section 324 of the Education Act 1996 that names the school; or

(e)    requires accommodation in a care home, a children's home or an independent hospital to meet his continuing care needs.

(7E)    The originating Primary Care Trust shall continue to exercise the functions referred to in paragraphs (1) and (2) for the benefit of a child referred to in paragraph (7C).

(7F)    Subject to regulation 3A, in paragraphs (7C) and (7E) “the originating Primary Care Trust” in relation to a child means the Primary Care Trust which—

(a)    makes, in respect of that child, an arrangement referred to in paragraph (7C)(a)(i) or (iii); or

(b)    was responsible for exercising the functions under paragraph (7)(a) on behalf of that child immediately before a local authority makes, in respect of that child, an arrangement referred to in paragraph (7C)(a)(ii).

(7G)    G) Where a Primary Care Trust has made an arrangement referred to in paragraph (7C)(a)(i) or (iii) by virtue of which a child is, immediately before he attains the age of eighteen years, provided with—

(a)    accommodation in a care home, a children's home or an independent hospital situated in the area of another Primary Care Trust, and

(b)    nursing and another service which is a planned service, as part of the health service,

to meet his continuing care needs, when the child attains the age of eighteen years that arrangement shall, for the purposes of these Regulations, be treated as an arrangement which falls within paragraph (7A).”.

(7)    After paragraph (10), add—

“(11)    In this regulation, “local authority” means—

(a)    a county council;

(b)    a district council for an area for which there is no county council;

(c)    a London borough council;

(d)    the Common Council of the City of London; or

(e)    the Council of the Isles of Scilly.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

Child Protection91 Family Law91

4 Transitional provisions

4Transitional provisions

After regulation 3 of the principal Regulations insert—

“3A Application of regulation 3 to local authority arrangements made prior to 1st April 2007

(1)    Paragraph (2) applies where—

(a)    before 1st April 2007 a local authority has made an arrangement which, had it been made on or after that date, would be an arrangement which meets the requirements of regulation 3(7C)(a) and (b); and

(b)    on or after 1st April 2007, that local authority has, under those arrangements, provided the child with accommodation in the area of a Primary Care Trust or Local Health Board different to the one in which accommodation was being provided immediately before that date.

(2)    In a case to which this paragraph applies, “the originating Primary Care Trust” shall be—

(a)    the Primary Care Trust in whose area the placing local authority is situated; or

(b)    if there is more than one such Primary Care Trust, the Primary Care Trust which was responsible for exercising the functions under paragraph (7)(a) of regulation 3 on behalf of the child immediately before the commencement of the placing local authority's provision of accommodation to that child.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

5 Amendment of Schedule 1 to the principal Regulations

5Amendment of Schedule 1 to the principal Regulations

In Schedule 1 to the principal Regulations, in the heading to Part 2, for “the Purpose of Performance Management Only” substitute “Specified Purposes Only”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

6 Addition of Schedule to the principal Regulations

6Addition of Schedule to the principal Regulations

After Schedule 4 to the principal Regulations, add:—

“SCHEDULE 5
Secretary of State's Functions under Section 3(1) of the National Health Service Act 2006 Exercisable by Strategic Health Authorities for the Purpose of Securing the Provision of Services: Specified Services Regulation 3(2A)
1Alstrom syndrome service
2Bladder exstrophy service
3Choriocarcinoma service
4Complex tracheal disease service
5Diagnostic service for amyloidosis
6Diagnostic service for primary ciliary dyskinesia
7Diagnostic service for rare neuromuscular disorders service
8Craniofacial surgery service
9Epidermolysis bullosa service
10Extra corporeal membrane oxygenation service for adults
11Extra corporeal membrane oxygenation service for children
12Extra corporeal membrane oxygenation and ventricular assist devices as bridge to heart transplant service for children
13Heart and lung transplantation service
14Liver transplantation service
15Lysosomal storage disorder service
16Mental health service for deaf children: inpatient service
17Mental health service for deaf children consisting of therapy and professional support provided by video-link
18Ocular oncology service
19Ophthalmic pathology service
20Osteo odonto keratoprosthesis service for corneal blindness
21Pancreas transplantation service
22Persistent hyperinsulinaemic hypoglycaemia of infancy service
23Primary malignant bone tumours service
24Pseudomyxoma peritonei service
25Pulmonary hypertension service for children
26Pulmonary thromboendarterectomy service
27Rare mitochondrial disorders service
28Reconstructive surgery in adolescents for congenital malformation of the female genital tract service
29Retinoblastoma service
30Secure forensic mental health service for young people
31Secure forensic mental health and learning disability service for young people
32Severe combined immunodeficiency and related disorders service
33Severe intestinal failure service
34Severe obsessive compulsive disorder and body dysmorphic disorder service
35Small bowel transplantation service for adults
36Small bowel transplantation service for children
37Specialist liver disease service for children
38Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders
39Vein of Galen malformation service
40Ventricular assist devices as bridge to heart transplant service for adults”.
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

Signature

Signed by authority of the Secretary of State for Health

Mr Ivan Lewis

Parliamentary Under Secretary of State

Department of Health

26th February 2007

EXPLANATORY NOTE

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

These Regulations, which apply in relation to England, further amend the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (“the principal Regulations”).

Regulation 3(2) and (3) amends regulation 3 of the principal Regulations so as to provide that certain functions relating to health services are exercisable by Strategic Health Authorities for the purpose of securing the provision of specified health services. Regulation 6 adds Schedule 5 to the principal Regulations. A minor consequential amendment is made by regulation 5.

Regulation 3(4) to (7) amends regulation 3 of the principal Regulations which, amongst other things, determines for whose benefit a Primary Care Trust shall exercise the functions of providing or securing services to patients delegated to it under the principal Regulations. The amendments made by these Regulations provide for the circumstances in which a Primary Care Trust must continue to provide or secure certain services for the benefit of a child who is, under arrangements made by a Primary Care Trust or by a local authority or jointly by a Primary Care Trust and a local authority, provided with accommodation in the area of another Primary Care Trust or a Local Health Board in Wales.

Regulation 4 inserts a new regulation 3A into the principal Regulations to make transitional provision to provide for what is to happen where a local authority has made an arrangement to provide a child with accommodation in the area of another Primary Care Trust, or a Local Health Board in Wales, before 1 April 2007 and then provides the child with accommodation under those arrangements in the area of different Primary Care Trust or Local Health Board on or after 1 April 2007.

These Regulations also make amendments to provide for the circumstances in which a Primary Care Trust must continue to provide or secure certain services for a child who attains the age of 18 years and who is provided with accommodation in a care home, children's home or independent hospital situated in the area of another Primary Care Trust to meet his continuing care needs.

These Regulations also make a clarificatory amendment in relation to regulation 3(7A) concerning arrangements made jointly between a placing Primary Care Trust and a local authority.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.