| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2469 |
2002 No. 2469
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002
Made 25th September 2002
Laid before Parliament 27th September 2002
Coming into force 1st October 2002
The Secretary of State for Health, in exercise of the powers conferred on him by sections 38(5) and (7) and 39 of the National Health Service Reform and Health Care Professions Act 20021, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 and shall come into force on 1st October 2002.
Application and extent
2.—(1) Regulations 3 and 15 to 17 apply only in relation to England.
(2) Subject to paragraphs (3), (4) and (5), the extent of any amendment made under regulations 4 to 14 is the same as that of the provision amended.
(3) Where before the coming into force of these Regulations, a provision of a statutory instrument has been amended and that amendment applies only in relation to England, any further amendment of that provision made by these Regulations shall similarly apply only in relation to England.
(4) Nothing in these Regulations shall be taken as amending any provision of a statutory instrument, or part of such a provision, which applies in relation to Wales only.
(5) The amendments made by paragraphs 33, 56 and 76(3) and (4) of Schedule 1 apply only in relation to England.
(6) Regulation 18 extends to England and Wales and to Scotland but not to Northern Ireland.
(7) The extent of any repeal or revocation of any enactment under regulation 19 is the same as that of the enactment repealed or revoked.
Change of name of Health Authorities
3.—(1) In the name of each Health Authority listed in column 1 of Schedule 1 to the Health Authorities (Establishment and Abolition) (England) Order 20022for “Health Authority” in each place it occurs there is substituted “Strategic Health Authority”.
(2) The changes of name effected by paragraph (1) shall not—
(a)
(a) affect any right or obligation of any person; or
(b)
(b) be taken as invalidating any instrument (whether made before or on or after the date on which these Regulations come into force) which refers to the Authorities by their previous names;
and all instruments and other documents which refer to the Authorities under their previous names shall be construed as if referring to them under their new names.
Consequential amendments
4. The enactments specified in Schedule 1 are amended as there specified.
5. In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, before “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 2, there is inserted “Strategic Health Authority,”.
6. In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, for “Health Authority” or, as the case may be, “health authority”, in each place where it occurs, there is substituted “Strategic Health Authority”.
7. In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, there is inserted, in the appropriate alphabetical position—
““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;”.
8. In the enactments specified in column 1 of Schedule 5, in the provisions specified in column 2—
(a) after “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 5, there is inserted “or Primary Care Trust”;
(b) after “Health Authorities” or, as the case may be, “Health authorities”, in each place where it occurs, there is inserted “or Primary Care Trusts”; and
(c) after “Health Authority's” or, as the case may be, “health authority's”, in each place where it occurs unless otherwise specified in Schedule 5, there is inserted “or Primary Care Trust's”.
9. In the enactments specified in column 1 of Schedule 6, in the provisions specified in column 2, after “Health Authority” or, as the case may be, “health authority”, in each place where it occurs unless otherwise specified in Schedule 6, there is inserted “, Primary Care Trust”.
10. In the enactments specified in column 1 of Schedule 7, in the provisions specified in column 2—
(a) for “Health Authority” or, as the case may be, “health authority” or “District Health Authority”4, in each place where it occurs unless otherwise specified in Schedule 7, there is substituted “Primary Care Trust”;
(b) for “Health Authorities” or, as the case may be, “health authorities”, in each place where it occurs, there is substituted “Primary Care Trusts”; and
(c) for “Health Authority's”, in each place where it occurs, there is substituted “Primary Care Trust's”.
11. In the enactments specified in column 1 of Schedule 8, in the provisions specified in column 2, there is inserted, in the appropriate alphabetical position—
““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.
12. In the enactments specified in column 1 of Schedule 9, in the provisions specified in column 2, before “Health Authority” or, as the case may be, “health authority”, in each place it occurs unless otherwise specified in Schedule 9, there is inserted “Strategic Health Authority or”.
13. In the enactments specified in column 1 of Schedule 10, in the provisions specified in column 2—
(a) for “Family Health Services Authority” or, as the case may be, “FHSA” or “Family Practitioner Committee”6, in each place where it occurs unless otherwise specified in Schedule 10, there is substituted “Health Authority or Primary Care Trust”; and
(b) for “FHSA's”, in each place it occurs unless otherwise specified in Schedule 10, there is substituted “Health Authority’s or Primary Care Trust's”.
14. In the enactments specified in column 1 of Schedule 11, in the provisions specified in column 2, for “District Health Authority” or, as the case may be, “district health authority”, in each place where it occurs unless otherwise specified in Schedule 11, there is substituted “Health Authority or Primary Care Trust”.
15. The consequential and transitional provisions in Schedule 12 shall have effect.
National Health Service Act 1977
16. Until the provisions of the Health and Social Care Act 2001 specified in Schedule 2 to the Health and Social Care Act 2001 (Commencement No. 6) (England) Order 20017come into force for all purposes—
(a) the references to Health Authority in sections 46 and 49A(1) of the National Health Service Act 19778are to have effect as if they included references to a Primary Care Trust; and
(b) the references to Health Authorities in section 46(4) of and paragraph 3 of Schedule 9 to that Act are to have effect as if they included references to Primary Care Trusts.
Community Health Councils (Access to Information) Act 1988
17. Until section 22 of the National Health Service Reform and Health Care Professions Act 2002 comes into force, the reference in section 1(6)(a) of the Community Health Councils (Access to Information) Act 19889to any Health Authority is to have effect as if it included a reference to any Strategic Health Authority.
Continuing validity of forms
18. Notwithstanding the amendment made by Schedule 5 to the form of certificate set out in Part 2 of Schedule 2 to the Social Security (Medical Evidence) Regulations 197610, a form which complies with those regulations as in force on 30th September 2002 shall continue to be valid.
Repeals and revocations
19.—(1) The enactments listed in Schedule 13 are repealed to the extent there specified.
(2) The National Health Service Trusts and Primary Care Trusts (Pharmaceutical Services Remuneration-Special Arrangement) Order 200011is revoked.
John Hutton
Minister of State,
Department of Health
25th September 2002
SCHEDULE 1
Regulation 4
AMENDMENTS CONSEQUENTIAL ON PART 1 OF THE NATIONAL HEALTH SERVICE REFORM AND HEALTH CARE PROFESSIONS ACT 2002
PART 1
ACTS OF PARLIAMENT
1. In Schedule 1 to the Public Records Act 1958 (definition of public records)12, in the table at the end of paragraph 3, in Part I, in the second column, in the final section of the list of exceptions relating to health service hospitals in England13—
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