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The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2003

S.I. 2003/1937 · Made 22 July 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 22nd July 2003

Laid before Parliament 1st August 2003

Coming into force 22nd August 2003

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 38(5) and 39 of the National Health Service Reform and Health Care Professions Act 2002f1, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2002 c. 17.

Contents

  1. 1Citation, commencement and application
  2. 2Consequential amendments
  3. Signature
  4. Schedule: AMENDMENTS CONSEQUENTIAL ON PART 1 OF THE NATIONAL HEALTH SERVICE REFORM AND HEALTH CARE PROFESSIONS ACT 2002
  5. Part 1: ACTS OF PARLIAMENT
  6. National Health Service Act 1977
  7. 1Paragraph 1
  8. Part 2: STATUTORY INSTRUMENTS
  9. National Health Service (Charges for Appliances) Regulations 1974
  10. 2Paragraph 2
  11. National Health Service (Service Committees and Tribunal) Regulations 1992
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002
  15. 5Paragraph 5
  16. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2003 and shall come into force on 22nd August 2003.

(2)

These Regulations extend to England and Wales but paragraphs 1 and 5 of the Schedule apply to England only.

2Consequential amendments

The enactments specified in the Schedule are amended as there specified.

Signature

Signed by authority of the Secretary of State

Stephen Ladyman

Parliamentary Under Secretary of State,

Department of Health

22nd July 2003

1

In Schedule 5A to the National Health Service Act 1977 (Primary Care Trusts)f1, in paragraph 13(1), after “16B” there shall be inserted “, 16D”.

2

In regulation 2 of the National Health Service (Charges for Appliances) Regulations 1974 (interpretation)f1, in paragraph (1), for the definition of “Authority” there shall be substituted—

  • ““Authority” means—

    1. (a)

      in relation to England, a Primary Care Trust; and

    2. (b)

      in relation to Wales, a Local Health Board;”.

3

In the National Health Service (Service Committees and Tribunal) Regulations 1992f1—

(a)

in the provisions specified in paragraph 4, for “an Health Authority or Primary Care Trust”, in each place it occurs, there shall be substituted “a Health Authority or Primary Care Trust”; and

(b)

in regulation 18 (decision as to treatment for which fees may be charged by doctors), in paragraph 3, for “an Health Authority’s or Primary Care Trust's” there shall be substituted “a Health Authority’s or Primary Care Trust's”.

4

The provisions referred to in paragraph 3(a) are—

(a)

regulation 15(1) and (34);

(b)

regulation 24(3);

(c)

regulation 32(1)(b);

(d)

regulation 33; and

(e)

Schedule 9, paragraphs 5 and 7.

5

In the National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002f1, in regulations 1(2) and 2, for “Health Authority”, in each place it occurs, there shall be substituted “Strategic Health Authority”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to both primary and secondary legislation consequential on those sections of the National Health Service Reform and Health Care Professions Act 2002 (“the Act”) concerned with NHS bodies and their functions.

Paragraph 1 of the Schedule amends Schedule 5A to the 1977 Act to take account of the amendment of the Secretary of State’s power to delegate his functions contained in section 3(2) of the Act.

Paragraph 2 of the Schedule amends the definition of “Authority” in the National Health Service (Charges for Appliances) Regulations 1974 to transfer functions under the Regulations to Primary Care Trusts in England and Local Health Boards in Wales.

Paragraphs 3 and 4 of the Schedule correct a grammatical error in amendments to the National Health Service (Service Committees and Tribunal) Regulations 1992 made by the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (“the 2002 Regulations”), in connection with the substitution of references to “Health Authority or Primary Care Trust” in place of references to “FHSA”.

Paragraph 5 of the Schedule substitutes “Strategic Health Authority” for “Health Authority” in the National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002.

The amendments made by these Regulations are supplemental to those contained in Schedules 1 and 2 to the Act and in the 2002 Regulations.