Family Practitioner Committees (Consequential Modifications) Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/39 |
1985 No. 39
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The Family Practitioner Committees (Consequential Modifications) Order 198510thJanuary 1985
30thJanuary 1985
1stApril 1985
ARRANGEMENT OF ARTICLES
1. Citation and commencement.
2. Shops Act 1950.
3. Landlord and Tenant Act 1954.
6. Health Services and Public Health Act 1968.
7. National Health Service Act 1977.
8. Employment Protection (Consolidation) Act 1978.
10. The National Health Service (General Dental Services) Regulations 1973.
11. The Welsh Health Technical Services Organisation (Establishment and Constitution) Order 1973.
12. The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974.
13. The National Health Service (General Ophthalmic Services) Regulations 1974.
14. The National Health Service (Remuneration and Conditions of Service) Regulations 1974.
15. The National Health Service (Service Committees and Tribunal) Regulations 1974.
16. The National Health Service (Injury Benefits) Regulations 1974.
17. The Prescription Pricing Authority Constitution Order 1978.
18. The National Health Service (Vocational Training) Regulations 1979.
19. The National Health Service (Superannuation) Regulations 1980.
20. The National Health Service (Compensation for Premature Retirement) Regulations 1981.
21. The National Health Service (Audit of Accounts of Health Authorities) Regulations 1982.
22. The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1982.
23. General.
24. Revocations.
Schedule: Revocations.
The Secretary of State for Social Services, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 5(7) of the Health and Social Security Act 1984(a) and of all other powers enabling them in that behalf, hereby make the following Order:—
Citation and commencement
1. This Order may be cited as the Family Practitioner Committees (Consequential Modifications) Order 1985 and shall come into operation on 1st April 1985.
2. In the following provisions of the Shops Act 1950(b) (which relate to Sunday trading)—
(a) proviso (v) to section 22(1); and
(b) paragraph 1(g) of Schedule 5,
for the words "an Area or District Health Authority" there shall be substituted the words "a Family Practitioner Committee".
3. In subsection (6) of section 57 of the Landlord and Tenant Act 1954(c) (modification on grounds of public interest of rights under Part II) after the words "District Health Authority" there shall be inserted the words "Family Practitioner Committee".
4. In the Public Records Act 1958(d), in the list of bodies and establishments under Government departments contained in Part I of the Table in Schedule 1, after the entry relating to National Health Service Authorities there shall be inserted the following entry:—
"Family Practitioner Committees".
5. In section 28 of the Leasehold Reform Act 1967(e) (retention or resumption of land required for public purposes)—
(a) in subsection (5)(d), after the words "District Health Authority" there shall be inserted the words "any Family Practitioner Committee"; and
(a) 1984 c. 48.
(b) 1950 c. 28; the relevant provisions were amended by the Health Services Act 1980 (c. 53), section 1 and Schedule 1, paragraph 7.
(c) 1954 c. 56; section 57(6) was amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 10.
(d) 1958 c. 51.
(e) 1967 c. 88; section 28(5) and (6) were amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 18.
(b) in subsection (6)(c), after the words "District Health Authority", there shall be inserted the words "Family Practitioner Committee".
Health Services and Public Health Act 1968
6.— (1) In section 63 of the Health Services and Public Health Act 1968(a) (provision of instruction for persons employed etc in activities connected with health and welfare)—
(a) in subsection (1)(a), after the words "District Health Authority" there shall be inserted the words ", Family Practitioner Committee";
(b) in subsection (2)(b), for the words "an Area Health Authority District Health Authority" there shall be substituted the words "a Family Practitioner Committee".
(2) In subsection (3)(b) of section 64 of that Act(b) (financial assistance to voluntary organisations), for the words "an Area Health Authority or District Health Authority" there shall be substituted the words "a Family Practitioner Committee".
National Health Service Act 1977
7.— (1) The National Health Service Act 1977(c) shall have effect subject to the modifications in the following paragraphs.
(2) In section 18(3)(d) (directions generally), the words from "established by the Authority" to "established or adopted" shall be omitted.
(3) In section 29 (arrangements and regulations for general medical services)—
(a) for subsection (1) there shall be substituted—
"(1) It is the duty of every Family Practitioner Committee, in accordance with regulations, to arrange as respects their locality with medical practitioners to provide personal medical services for all persons in the locality who wish to take advantage of the arrangements.
(1A) The services so provided are referred to in this Act as 'general medical services'.";
(b) in subsection (2)—
(i) in paragraph (e)(e), for the words "area or district" in both places where they occur there shall be substituted the word "locality";
(a) 1968 c. 46; section 63 was amended by the National Health Service Act 1977 (c. 49), section 129 and Schedule 15, paragraph 45 and the Health Services Act 1980, section 1 and Schedule 1, paragraph 19(3).
(b) Section 64(3)(b) was amended by the National Health Service Reorganisation Act 1973 (c. 32), section 37 and Schedule 4, paragraph 125(2) and the Health Services Act 1980, section 1 and Schedule 1, paragraph 19(4).
(c) 1977 c. 49.
(d) Section 18(3) was amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 92.
(e) Section 29(2)(e) was amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 42(b).
(ii) in paragraph (f)(a), after the word "services" there shall be added the words "in the locality of a Family Practitioner Committee";
(c) in subsection (6)(b), for the word "district" in both places where it occurs there shall be substituted the word "locality".
(4) In section 30 (applications to provide general medical services), for the words from "in the prescribed manner" to "by the Authority" there shall be substituted the words "by medical practitioners in the prescribed manner to a Family Practitioner Committee for inclusion in a list kept by that Committee of the names of medical practitioners undertaking to provide general medical services for persons in the Committee's locality shall be referred by the Committee".
(5) In subsection (1) of section 31 (requirement of suitable experience) the following paragraph shall be substituted for paragraph (b):—
"(b) a Family Practitioner Committee shall not arrange under section 29 above with a medical practitioner for him to provide general medical services for persons in the Committee's locality unless the Medical Practices Committee have granted an application by him for the inclusion of his name in the list kept by the Family Practitioner Committee of medical practitioners undertaking to provide general medical services for persons in their locality.".
(6) In subsection (3)(a) of section 32(c) (regulations as to section 30), for the words "areas or districts", there shall be substituted the word "localities".
(7) In section 33(d) (distribution of general medical services)—
(a) the following subsection shall be substituted for subsection (1):—
"(1) The Medical Practices Committee may refuse any applications under section 30 above on the grounds that the number of medical practitioners undertaking to provide general medical services in the locality of the Family Practitioner Committee concerned or in the relevant part of that locality is already adequate.";
(b) in subsection (2), for the words "area or district or part of an area or district" there shall be substituted the words "locality or part of a locality";
(c) the following subsections shall be substituted for subsections (3) and (4)—
"(3) Before selecting any persons under subsection (2) above the Medical Practices Committee shall consult the Family Practitioner Committee concerned, and the Family Practitioner Committee shall, if a Local Medical Committee has been formed for their locality and recognised under section 44 below, consult that Local
(a) Section 29(2)(f) was added by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 14 and Schedule 6, paragraph 2(1).
(b) Section 29(6) was inserted by the Health and Social Services and Social Security Adjudications Act 1983, section 14 and Schedule 6, paragraph 2(2).
(c) Section 32(3)(a) was amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 45.
(d) Section 33 was amended by the Health Services Act 1980, section 1 and Schedule 1, paragraph 46.
Medical Committee before expressing their views on the persons to be selected.
(4) Except as provided in subsections (1) to (3) above or as required by section 31 above, the Medical Practices Committee shall not refuse any application under section 30, but may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part or parts of the Family Practitioner Committee's locality as the Medical Practices Committee may specify.";
(d) in subsection (8)(a), for the words "area or district or in part of the area or district concerned", there shall be substituted the words "locality concerned or part of it".
(8) In section...
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