The Primary Care Trusts (Establishment and Dissolution) (England) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2072 |
| Year | 2006 |
2006 No. 2072
NATIONAL HEALTH SERVICE, ENGLAND
The Primary Care Trusts (Establishment and Dissolution) (England) Order 2006
Made 24th July 2006
Coming into force 1st October 2006
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 16A(1), (2) and (3) and section 126(3) and (4) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 19771. She is satisfied that consultation has taken place in accordance with regulations made under section 16A(5) of that Act2.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 and shall come into force on 1st October 2006.
(2) In this Order—
“Act” means the National Health Service Act 1977;
“assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations;
“corresponding list” means a list maintained on and after the operational date by a new PCT that corresponds to an old list of the same type;
“dispensing doctor list” means a list maintained by an old PCT pursuant to section 43 of the Act3(persons authorised to provide pharmaceutical services) immediately before the operational date;
“dividing PCTs” means Cherwell Vale Primary Care Trust, Morecambe Bay Primary Care Trust, Poole Primary Care Trust, Preston Primary Care Trust, South Peterborough Primary Care Trust and Waveney Primary Care Trust;
“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 20044;
“local representative committee” means a Local Optical Committee or Local Pharmaceutical Committee recognised by a Primary Care Trust pursuant to section 44 of the Act5, a Local Medical Committee recognised by a Primary Care Trust pursuant to section 45A of the Act6, or a Local Dental Committee recognised by a Primary Care Trust pursuant to section 45B of the Act7;
“new PCTs” means the Primary Care Trusts established by article 3;
“old list” means a dispensing doctor list, an ophthalmic list, an opthalmic supplementary list, a performers list or a pharmaceutical list;
“old PCTs” means—
(a) the Primary Care Trusts which are listed in column (1) of Schedule 2; and
(b) the dividing PCTs;
“ongoing matter” has the meaning given in article 9(1) and (2);
“operational date” means 1st October 2006;
“ophthalmic list” means a list maintained by an old PCT pursuant to section 39 of the Act8(regulations as to section 38) immediately before the operational date;
“ophthalmic supplementary list” means a list maintained by an old PCT pursuant to section 43D of the Act9(supplementary lists) immediately before the operational date;
“performers list” means a list maintained by an old PCT pursuant to section 28X of the Act10(persons performing primary medical and dental services) immediately before the operational date;
“pharmaceutical list” means a list maintained by an old PCT pursuant to section 42 of the Act11(regulations as to pharmaceutical services) immediately before the operational date;
“Pharmaceutical Services Regulations” means the the National Health Service (Pharmaceutical Services) Regulations 200512;
“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 200413;
“practitioner” means a person whose name was, immediately before the operational date, included in an old list;
“relevant new PCT” means—
(a) in relation to any old PCT specified in column (1) of Schedule 2, the new PCT which is specified in column (2) of that Schedule in relation to that old PCT; and
(b) in relation to the dividing PCTs, “relevant new PCT” has the meaning given in article 2; and
“Service Committees and Tribunal Regulations” means the National Health Service (Service Committees and Tribunal) Regulations 199214.
Interpretation of “relevant new PCT” for the dividing PCTs
2.—(1) For the purposes of articles 8 and 9, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with articles 10 to 14.
(2) For all other purposes and subject to the provisions of paragraph (3), in relation to that part of the area for which the dividing PCT was established which is specified in column (2) of Schedule 3, the relevant new PCT is the new PCT which is specified in column (3) of that Schedule in relation to that part.
(3) If, in applying paragraph (2) to a particular matter, there is more than one relevant new PCT in relation to a dividing PCT and it is necessary or expedient for the matter to be dealt with by a single new PCT, the new PCTs involved shall agree between themselves as to which of them is the relevant new PCT in relation to that matter.
(4) In any case where the new PCTs involved are unable to agree between themselves in accordance with paragraph (3) as to whether it is necessary or expedient for a single new PCT to deal with a matter, or as to which of them is the relevant new PCT in relation to a matter—
(a)
(a) the Strategic Health Authority in whose area those new PCTs' areas are situated; or
(b)
(b) if there is more than one such Authority, those Authorities acting together;
shall determine the issue.
Establishment, names and areas of the new PCTs
3. For each of the areas described in column (2) of Schedule 1 to this Order there is established a Primary Care Trust which shall be known by the name specified in column (1) of that Schedule.
Dissolution of the old PCTs
4. The old PCTs are dissolved.
Accounts of the old PCTs
5. Any duty imposed on any of the old PCTs by or under section 98 of the Act15, but not performed by the operational date, shall be performed by the relevant new PCT.
Winding up of affairs of the old PCTs
6. It is the duty of each new PCT to take such action as may be necessary for the winding up of the affairs of any old PCT in relation to which it is the relevant new PCT.
Provision for continuity in the exercise of functions
7.—(1) Anything done before the operational date by or in relation to any of the old PCTs shall be treated on and after that date as if done by or in relation to the relevant new PCT.
(2) The reference in paragraph (1) to anything done by or in relation to any of the old PCTs includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to any of the old PCTs.
(3) Any instrument made by any of the old PCTs continues in force in relation to the relevant new PCT in accordance with its terms until it is varied or revoked by the relevant new PCT.
(4) Any form supplied by any of the old PCTs continues to be a valid form in relation to the relevant new PCT until it is cancelled or withdrawn by the relevant new PCT, as if any reference contained in that form to the old PCT in question were a reference to the relevant new PCT.
(5) So far as is necessary or appropriate, a reference in an agreement or other instrument to any of the old PCTs shall be treated on and after the operational date as a reference to the relevant new PCT.
(6) This article is subject to the provisions of articles 8 and 9 and articles 15 to 19.
Allocation of practitioners to lists
8. A practitioner whose name was included in an old list maintained by an old PCT shall have his name included in the corresponding list of the relevant new PCT.
Matters consequential on allocation to lists
9.—(1) In this Order, “ongoing matter” means any application made by a person for inclusion in an old list, or any matter, question or proceeding in respect of a practitioner in relation to his inclusion in an old list under—
(a)
(a) the National Health Service (General Ophthalmic Services) Regulations 198616;
(b)
(b) the Service Committees and Tribunal Regulations;
(c)
(c) the National Health Service (Performers Lists) Regulations 200417;
(d)
(d) the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 200518; or
(e)
(e) the Pharmaceutical Services Regulations;
and which has not been finally determined or dealt with by an old PCT before the operational date.
(2) The definition of “ongoing matter” in paragraph (1) does not include—
(a)
(a) any matters dealt with by article 16 or 17; and
(b)
(b) functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the Pharmaceutical Services Regulations.
(3) In any case where there is an ongoing matter—
(a)
(a) the relevant new PCT shall be responsible for dealing with or determining the matter;
(b)
(b) any acts done by the old PCT in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by the relevant new PCT; and
(c)
(c) any decision or determination binding on an old PCT that relates to an ongoing matter shall be binding on the relevant new PCT.
(4) If an old list contained, in relation to a practitioner whose name was...
To continue reading
Request your trial