# The Primary Care Trusts (Functions) (England) Amendment Regulations 2002 S.I. 2002/555 · made 8 March 2002 These Regulations amend the Primary Care Trusts (Functions) (England) Regulations (“the principal Regulations”), which make provision for functions of Health Authorities to be exercised by Primary Care Trusts and for certain restrictions on the exercise of those functions by Primary Care Trusts. The Regulations apply to Health Authorities and Primary Care Trusts in England. Made under: National Health Service Act 1977 (Section 17, Section 17A, Section 18, Section 126) PDFs: Printed copy https://openlegislation.uk/primary-care-trusts-functions-england-amendment-regulations-2002/pdf/uksi_20020555_en.pdf ## Introductory text NATIONAL HEALTH SERVICE, ENGLAND Made 8th March 2002 Laid before Parliament 11th March 2002 Coming into force 1st April 2002 The Secretary of State for Health, in exercise of powers conferred on him by sections 17, 17A(4), 18(1) and (1A) and 126(3) and (4) of the National Health Service Act 1977 and of all other powers enabling him in that behalf, hereby makes the following Regulations: ## 1 Citation, commencement, interpretation and extent (1) These Regulations may be cited as the Primary Care Trusts (Functions) (England) Amendment Regulations 2002 and shall come into force on 1st April 2002. (2) In these Regulations “the principal Regulations” means the Primary Care Trusts (Functions) (England) Regulations 2000. (3) These Regulations apply in relation to Health Authorities and Primary Care Trusts established for areas in England only. ## 2 Amendment of regulation 2 of the principal Regulations In Regulation 2(1) of the principal Regulations (interpretation) the definition of “population screening programme” shall be deleted. ## 3 Amendment of regulation 3 of the principal Regulations (1) Regulation 3 of the principal Regulations (functions to be exercised by Primary Care Trusts) shall be amended as follows. (2) Paragraph (6) shall be deleted. (3) For paragraph (7) there shall be substituted— “(7) The function under section 5(2)(d) of the Act is to be exercisable by a Primary Care Trust only to the extent that it does not consist of establishing or funding research ethics committees.”. ## 4 Amendment of Regulation 4 of the principal Regulations Paragraph (2) of Regulation 4 of the principal Regulations (functions not to be exercisable by Primary Care Trusts) shall be deleted. ## 5 Amendment of Schedule 3 to the principal Regulations (1) Schedule 3 to the principal Regulations (regulations conferring functions to be exercisable by Primary Care Trusts) shall be amended as follows. (2) In the entry relating to the National Health Service (General Medical Services) Regulations 1992 before “regulations 34 and 34A” there shall be inserted— “ Part 3 (practice vacancies) Fully ”. (3) At the end there shall be added— “ The National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002 Fully ”. ## 6 Amendment of Schedule 4 to the principal Regulations (1) Schedule 4 to the principal Regulations (delegable functions which are not to be exercised by a Primary Care Trust) shall be amended as follows. (2) The following entries shall be deleted— (a) the entry relating to the Health and Safety at Work Act 1974; (b) the entry relating to section 28(1), (2), (5) and (6) of the Health Act 1999. (3) For the entry relating to the Mental Health Act 1983, there shall be substituted— “ Mental Health Act 1983– section 12(2) Approving registered medical practitioners as having special experience in the diagnosis or treatment of mental disorder ”. ## Signature Signed by authority of the Secretary of State John Hutton Minister of State, Department of Health 8th March 2002 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Primary Care Trusts (Functions) (England) Regulations (“the principal Regulations”), which make provision for functions of Health Authorities to be exercised by Primary Care Trusts and for certain restrictions on the exercise of those functions by Primary Care Trusts. The Regulations apply to Health Authorities and Primary Care Trusts in England. The Regulations remove some of the existing restrictions on the delegation of functions by Health Authorities. Regulation 3(2) removes the restriction in Regulation 3(6) of the principal Regulations preventing PCTs from exercising functions under the 1997 Act relating to pilot schemes made before the date on which the PCT was established except with the consent of those providing services under the scheme. Regulation 3(3) removes the bar in Regulation 3(7) of the principal Regulations on PCTs providing emergency ambulance services, making arrangements for public health surveillance and protection, preparing plans for responding to major incidents, providing cancer registration services and preparing and implementing population screening programmes. The only restriction relates to the establishment and funding of research ethics committees. Regulation 4 removes the bar in Regulation 4(2) of the principal Regulations on PCTs exercising certain delegable functions relating to General Medical Services. Regulation 5 adds further regulations to the list in Schedule 3 of regulations conferring functions to be exercisable by PCTs. Regulation 6 removes a number of functions from the list of delegable functions which are not to be exercised by a Primary Care Trust set out in Schedule 4 to the principal Regulations and amends the entry in that Schedule relating to the Mental Health Act. --- Source: https://www.legislation.gov.uk/uksi/2002/555 (the official version) Page: https://openlegislation.uk/primary-care-trusts-functions-england-amendment-regulations-2002 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.