National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/2759

2002No. 2759

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002

7thNovember2002

7thNovember2002

29thNovember2002

The Secretary of State for Health being the Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to the National Health Service acting in exercise of the powers conferred by the said section 2(2) hereby makes the following Regulations:

Citation, commencement and extent

1. - (1) These Regulations may be cited as the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 and shall come into force on 29th November 2002.

(2) These Regulations extend to England and Wales only.

Interpretation

2. In these Regulations -

"the 1977 Act" means the National Health Service Act 1997( 3);

"the 1990 Act" means the National Health Service and Community Care Act 1990( 4).

Amendment of the 1977 Act

3. - (1) After subsection (1) of section 3 of the 1977 Act (services generally) there shall be inserted -

" (1A) The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales."

(2) Section 5(2)(b) of the 1977 Act is repealed.

Amendment of the 1990 Act

4. After paragraph 15 of Schedule 2 to the 1990 Act there shall be added -

" 15A An NHS Trust may arrange for the provision of accommodation and services outside England and Wales."

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State Department of Health

7th November 2002

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations (which apply to England and Wales) amend the National Health Service Act 1977 and the National Health Service and Community Care Act 1990 to implement European obligations (arising from decisions of the European Court of Justice, in particular case C-157/99 B.S.M Geraets-Smits v Stichting Ziekenfonds VGZ and H.T.M Peerbooms v Stichting CZ Groep Zorgverzekeringen) and enable rights to be enjoyed relating to the freedom to provide services. They also make provision for the purpose of dealing with matters arising out of or related to such obligations or rights with regard to the rest of the world.

Regulation 3(1) amends section 3 of the 1977 Act by expressly enabling the Secretary of State to provide...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT