Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996

1996No. 971

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996

29thMarch1996

29thMarch1996

1stApril1996

The Secretary of State for Health, in exercise of the powers conferred on him by section 126(4) and (5) of the National Health Service Act 1977 ( a) and section 2(2) of,and paragraphs 4,7(1)(a),18,19 and 20 of Schedule 2 to, the Health Authorities Act 1995 ( b), and of all other powers enabling him in that behalf,hereby makes the following Order:

Citation, commencement and interpretation

1. (1) This Order may be cited as the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 and shall come into force on 1st April 1996, immediately before the coming into force of the principal Order.

(2) In this Order,"the principal Order" means the Health Authorities Act 1995 (Transitional Provisions) Order 1996 ( c).

Amendment of principal Order

2.-(1) The principal Order shall be amended in accordance with the following paragraphs of this article.

(2) In article 2 (transfer of officers employed by old authorities) after "Schedule 1" there is inserted "or Part I or III of Schedule 2".

(3) In article 4(1) (transfer of trust property) after "Schedule 1" there is inserted "or Part I of Schedule 2".

(4) In article 13 (lists of practitioners)-

(a) in paragraph (1)(b) after "31st March" there is inserted "1996"; and(b) for paragraph (2) there are substituted the following paragraphs-

"(2) Any application made before 1st April 1996 to a Family Health Services Authority for the inclusion of a person's name in any list of a kind referred to in

(a) 1977 c.49; section 126 was amended by the National Health Service and Community Care Act 1990 (c.19), section 65(2). See also section 6(6) of the Health Authorities Act 1995 (c.17).

(b) 1995 c.17.

(c) S.I. 1996/709.

paragraph (1) and which has not been determined by that date shall on and after that date be treated as having been made-(a) in the case of an application in relation to a list maintained under section 29 of the 1977 Act, to any Health Authority whose area includes any part of the proposed practice area specified in the application; and(b) in the case of an application in relation to any other list, to any Health Authority in whose area are located any premises at or from which the person in respect of whom the application is made proposes to provide services under Part II of the 1977 Act.

(3) Any notice given before 1st April 1996 to a Family Health Services Authority of an intention on the part of any person to withdraw his name from any list of a kind referred to in paragraph (1) and which has not expired by that date shall on and after that date be treated as having been given to any Health Authority which maintain a list in which the name of that person is included by virtue of that paragraph.

(4) In paragraphs (1) to (3)-

"Health Authority" means a Health Authority specified in column (2) of Schedule 1, or in column (2) or (3) of Schedule 2, in relation to the Family Health Services Authority in whose list the name was included or, as the case may be, to which the application was made or the notice was given; and

"practice area" has the same meaning as in the National Health Service (General Medical Services) Regulations 1992 ( a).

(5) Any payment which, on or before 31st March 1996, fell to be made by or in relation to a Family Health Services Authority in respect of any person providing services under Part II of the 1977 Act, but which was not made before that date, shall after that date be made by or in relation to-

(a) the Health Authority which maintain the list in which, by virtue of paragraph (1), that person's name is included on 1st April 1996; or(b) where there is more than one such Health Authority, then-(i) in the case of a Family Health Services Authority which is specified in column (1) in Part III or IV of Schedule 1, the Health Authority which is specified in column (2) of that Part in relation to that Family Health Services Authority, or(ii) in the case of a Family Health Services Authority which is specified in column (1) in Part III or IV of Schedule 2, the Health Authority which is specified in column (3) of that Part in relation to that Family Health Services Authority.".

(5) In article 14 (continuity in exercise of functions of old authorities)-

(a) for paragraph (1) there are substituted the following paragraphs-

"(1) Subject to articles 13 and 17 and paragraphs (2) and (5), anything done on or before 31st March 1996 by or in relation to an old authority shall be treated after that date as if it had been done by or in relation to the relevant new authority.

(1A) Paragraph (1) applies in particular to any of the matters specified in paragraphs (a) to (j) of paragraph 18(3) of Schedule 2 to the 1995 Act.

(1B) In relation to a fund-holding practice, the relevant new authority shall be the relevant Health Authority as defined in section 15(1B) and (1C) of the 1977 Act."; and

(b) after paragraph (4) there is added the following paragraph-

"(5) Where on or before 31st March 1996 notice of a vacancy was given under regulation 12 of the National Health Service (General Medical Services) Regulations 1992 by a Family Health Services Authority in respect of a requirement for a medical practitioner to succeed to a practice which had been

(a) S.I. 1992/635, to which there are amendments not relevant to this Order.

rendered vacant, and no determination has been made by the Medical Practices Committee before 1st April 1996 in respect of that vacancy, the notice shall be deemed to have been given by, and any application to succeed to the practice shall be deemed to have been made in relation to, the Health Authority in whose area there reside on 1st April 1996-(a) all of the patients on the list of the medical practitioner whose practice had been rendered vacant, or(b) if the patients do not all reside in the area of the same Health Authority, the largest number of the patients on the list of that medical practitioner.".

(6) In article 15 (continuity in exercise of functions of Regional Health Authorities) for paragraph (1) there are substituted the following paragraphs-

"(1) Subject to article 20 and paragraph (2), anything done by or in relation to any Regional...

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