Regulation 1 Citation, commencement, application and interpretation

These Regulations may be cited as the Commission for Health Improvement (Functions) Regulations 2003 and shall come into force on 11th July 2003.

Subject to paragraph (3), these Regulations apply to England only.

This regulation and regulation 2 apply also to Wales.

In these Regulations—

• “the Act” means the Health Act 1999;

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

• “the 1997 Act” means the National Health Service (Primary Care) Act 1997^f1;

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales^f2;

• “clinical governance arrangements” means—

  1. (a)

     in the case of a Special Health Authority, Primary Care Trust, NHS trust or service provider, arrangements for the purpose of monitoring and improving the quality of health care^f3 for which it has responsibility;

  2. (b)

     in the case of a Strategic Health Authority—

     1. (i)

        arrangements for the purpose of monitoring and improving the quality of health care for which it has responsibility; and

     2. (ii)

        arrangements for the purpose of monitoring and improving the quality of health care for which the Primary Care Trust or Trusts in relation to which it is the relevant Strategic Health Authority have responsibility, and which is provided to individuals in the Authority’s area;

• “clinical governance review” means a review conducted by the Commission under section 20(1)(b) of the Act or regulation 2(c) or (d);

• “the Commission” means the Commission for Health Improvement established by section 19 of the Act;

• “financial year” means the period of 12 months ending with 31st March;

• “health care profession” means a profession to which section 60(2) of the Act applies;

• “health service inquiry” means an inquiry, held or established by the Secretary of State, the National Assembly for Wales or an NHS body, into any matter relating to the management, provision and quality of health care for which NHS bodies or service providers have responsibility;

• “inspection” means an inspection conducted by the Commission under section 20(1)(db) of the Act^f4;

• “investigation” means an investigation conducted by the Commission under section 20(1)(c) of the Act^f5 or regulation 2(e);

• “local review” means a review conducted by the Commission under section 20(1)(d) of the Act that relates to health care for which a particular NHS body or service provider has responsibility^f6;

• “national service review” means a review conducted by the Commission under section 20(1)(d) of the Act that relates to a particular type of health care for which NHS bodies or service providers have responsibility;

• “Part 2 services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part 2 of the 1977 Act;

• “relevant Primary Care Trust” means, in relation to a service provider or NHS trust, any Primary Care Trust with which the service provider or NHS trust has made arrangements to provide services;

• “relevant Strategic Health Authority” means, in relation to a Primary Care Trust—

  1. (a)

     where the area for which the Primary Care Trust is established falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or

  2. (b)

     where the area for which the Primary Care Trust is established falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities;

• “service provider”^f7 means a person, other than an NHS body^f8, which—

  1. (a)

     provides Part 2 services;

  2. (b)

     provides services in accordance with a pilot scheme under the 1997 Act; or

  3. (c)

     provides services in accordance with arrangements made under section 28 of the Health and Social Care Act 2001;

• “quality of data review” means a review under section 20(1)(da)^f9 of the Act.

In these Regulations, references to health care for which a person has responsibility are to be construed in accordance with section 20(5) of the Act.