Article 3 Consequences of Rectification

(1)

Where, on or after 1st April 1996, as a result of any of the relevant defects, anything has been done by or in relation to an acting authority^f1, or a person of any description identified by reference to an acting authority, it is to be treated, subject to paragraph (2), as though it had been done by or in relation to the proper authority^f2, or a person of that description identified by reference to the proper authority.

(2)

Where, on or after 1st April 1996, as a result of the relevant defects, any acting authority has made—

(a)

any payment to a Part II practitioner^f3, or

(b)

any deduction from remuneration paid to a Part II practitioner,

the payment or deduction shall be treated as though it had been done by the acting authority in the exercise by them of the function on behalf of the proper authority.

(3)

Where as a result of any of the relevant defects, an application in accordance with regulation 4(2), or a notification in accordance with regulation 4(10) of the Pharmaceutical Services Regulations, has been made to a Health Authority and as a result—

(a)

the application has been granted under regulation 4(3)(a) of those Regulations, or

(b)

the original application has been amended under regulation 4(10) of those Regulations.

but the premises at which the pharmaceutical services were originally, or were originally to be, provided and the premises at which the services are, or are to be, provided (“the new premises”) are not both in the area of that Health Authority, the application shall be deemed to have been granted in respect of the new premises, by the Health Authority in whose area the new premises are situated, in consequence of an application under regulation 4(2)(a) of those Regulations.

(4)

Where—

(a)

on 1st April 1996, because of any of the relevant defects, a Part II practitioner was treated by virtue of the Transitional Provisions Order as included in a Part II list^f4 (the “relevant list”),

(b)

by virtue of this order, he is treated as having been included on that date in one or more other Part II lists but not in the relevant list,

(c)

on or after that date, he provided services and a requirement of his providing those services was his inclusion in the relevant list, and

(d)

since 1st April 1996 he has neither been added to the relevant list in accordance with Regulations made pursuant to section 29 of the 1977 Act, nor removed from that list,

the Part II practitioner shall be treated as having been included in the relevant list with effect from the date on which he first provided services as mentioned in sub-paragraph (c).

Annotations

Footnotes

f1: “acting authority” shall be construed in accordance with section 44(7) of the Health Act 1999 (c. 8).
f2: “proper authority” shall be construed in accordance with section 44(7) of the Health Act 1999.
f3: “Part II practitioner” shall be construed in accordance with section 44(6) of the Health Act 1999.
f4: “Part II list” shall be construed in accordance with section 44(6) of the Health Act 1999.