2004 No. 696
The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
The Secretary of State for Health, in exercise of the powers conferred on him by section 201 of the Health and Social Care (Community Health and Standards) Act 2003and of all other powers enabling him in that behalf, hereby makes the following Order:—
S-1
Citation and commencementCitation and commencement
1.—(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 and shall come into force —
(a)
(a) for the purposes of the provisions specified in paragraph (2) and article 3(16) and Schedule 16, on 5th July 2004; and
(b)
(b) for all other purposes on 1st April 2004.
(2) The provisions specified in this paragraph are the following paragraphs of Schedule 1 to the Order—
(a)
(a) paragraphs 2, 6(3), 7(3)(iii), 8, 14, 19(3)(c), 23(3)(b), 27, 29, 33(3)(b), 36, 37(b), 39, 44(3);
(b)
(b) paragraph 45(3) in so far as it adds sub-paragraph (j) to regulation 3(1) of the Counter Fraud and Security Management Service Regulations 2003(); and
(c)
(c) paragraphs 47(3)(a)(iv), 50(3)(b), 52(3), 53(3) and 54(3)(a).
S-3
Supplementary and Consequential amendmentsSupplementary and Consequential amendments
3.—(1) The enactments specified in Schedule 1 are amended as there specified.
(2) In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, after “National Health Service Trust”, or as the case may be “National Health Service trust”, “NHS Trust” or “NHS trust”, in each place where it occurs unless otherwise specified in Schedule 2, there is inserted “or NHS foundation trust”.
(3) In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust”, or “NHS trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, NHS foundation trust”.
(4) In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust” or “NHS Trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, an NHS foundation trust”.
(5) In the enactments specified in column 1 of Schedule 5, in the provisions specified in column 2, for “or NHS trust” in each place where it occurs there is substituted “, NHS trust or NHS foundation trust”.
(6) In the enactments specified in column 1 of Schedule 6, in the provisions specified in column 2, in each place where it occurs for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”.
(7) In the enactments specified in column 1 of Schedule 7, in the provisions specified in column 2, after the entry relating to a “National Health Service Trust” or as the case may be “national health service trust” there is inserted—
““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”.
(8) 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—
““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
(9) In the enactments specified in column 1 of Schedule 9, in the provisions specified in column 2, after “1978” there is added—
““or an NHS foundation trust” within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003.” |
(10) In the enactments specified in column 1 of Schedule 10, in the provisions specified in column 2, for the definition of “health service body” there is substituted—
““health service body” means—
(a) a body listed in section 4 of the National Health Service and Community Care Act 1990;
(b) an NHS foundation trust;
(c) the Independent Regulator of NHS Foundation Trusts;”.
(11) In the enactments specified in column 1 of Schedule 11, in the provisions specified in column 2, for the definition of “health service body” there is substituted—
““health service body” means—
(a) a body listed in section 4 of the National Health Service and Community Care Act 1990;
(b) an NHS foundation trust;”.
(12) In the enactments specified in column 1 of Schedule 12, in the provisions specified in column 2, after “director” there is inserted “or governor,”.
(13) In the enactments specified in column 1 of Schedule 13, in the provisions specified in column 2, for “a health service body” there is substituted “or, in the case of an NHS foundation trust the chairman, a governor or a non-executive director of, the health service body in question”.
(14) In the enactments specified in column 1 of Schedule 14, in the provisions specified in column 2, for “a health service body” there is substituted, “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”.
(15) In the enactments specified in column 1 of Schedule 15, in the provisions specified in column 2, after “directors of,” there is inserted, “or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of ” .
(16) In the enactments specified in column 1 of Schedule 16, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position—
““Independent Regulator of NHS Foundation Trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003;”.
(17) In the enactments specified in column 1 of Schedule 17, in the provisions specified in column 2, there is inserted—
“5 In these Regulations, a reference to “NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.”.
SCHEDULE 1
Article 3(1)
Amendments Supplementary and Consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003
1. Medicines (Pharmacy and General Sale – Exemption) Order 1980
In article 4A of the Medicines (Pharmacy and General Sale – Exemption) Order 1980() (exemption for the supply of medicinal products by national health service bodies), after paragraph (1)(c), there is inserted—
“(cc)
“(cc) an NHS foundation trust;”
2. Mental Health Act Commission Regulations 1983
In regulation 9 of the Mental Health Act Commission Regulations 1983(application of regulations relating to membership), after “10(1)(a) to (e)” there is inserted “and (m)”.
3. Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986
In paragraph 2(3) of the Schedule to the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986(exempted vehicles), in sub-paragraph (a) of the definition of “health service body”, after “National Health Service Act 1977)” there is added “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”.
4. Housing (Right to Buy) (Prescribed Forms) Regulations 1986
In the list of public sector landlords at the end of the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986(form RTB1), after “National Health Service trusts” there is inserted “NHS foundation trusts”.
5. National Health Service (Charges to Overseas Visitors) Regulations 1989
In regulation 1(2) of the National Health Service (Charges to Overseas Visitors) Regulations 1989(citation, commencement and interpretation), at the end of the definition of “services forming part of the health service”, after “private patients of NHS trusts)”, there is added “or made available or provided by an NHS foundation trust to a patient other than for the purposes of the health service”.
6. Regional and District Health Authorities (Membership and Procedure) Regulations 1990
(1) The Regional and District Health Authorities (Membership and Procedure) Regulations 1990 are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after sub-paragraph (f), there is added—
“and
(a) the Independent Regulator of NHS Foundation Trusts;”.
(3) In regulation 13(1) (disqualification for appointment), after sub-paragraph (i) there is added—
“;or
(j)
(j) he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
7. National Health Service Trusts (Membership and Procedure) Regulations 1990
(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after paragraph (g) there is added—
“(h)
“(h) the Independent Regulator of NHS Foundation Trusts;”.
(3) In regulation 11 (disqualification for appointment of chairman and non-executive directors)—
(a)
(a) in paragraph (1)—
(i) at the end of sub-paragraph (e) after “body” there is added “other...
