The National Health Service (Fund-holding Practices) Amendment Regulations 1997

• Citation: S.I. 1997/747
• Sections: 17

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Fund-holding Practices) Amendment Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1996 .

Section 2 Amendment of regulation 1 of the principal Regulations

(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.

(2) In paragraph (2), after the definition of “fund-holding account”, insert—

“ GP commissioning group” means a fund-holding practice which has been granted recognition as a GP commissioning group in accordance with regulation 5;

Section 3 Amendment of regulation 2 of the principal Regulations

For regulation 2 of the principal Regulations (application of Regulations in Wales), substitute—

(2) In relation to a standard fund-holding practice whose Health Authority has an area in Wales, paragraph 1 of Schedule 1 and paragraphs 1 and 2 of Schedule 2 shall each apply as if for “5,000” there were substituted “4,000”.

Section 4 Amendment of regulation 3 of the principal Regulations

(1) Regulation 3 of the principal Regulations (application for recognition as a fund-holding practice) is amended as follows.

(2) For paragraph (2) substitute—

(2) The application shall state whether it is an application for recognition as—

(a) a community fund-holding practice,

(b) a standard fund-holding practice, or

(c) a GP commissioning group.

(3) In paragraph (4), for “a standard, or as the case may be, a community fund-holding practice;”, substitute “one of the other kinds of fund-holding practice;”.

(4) In paragraph (6)(a), for “complies with the relevant condition set out in paragraph 1(a) or (b) of Schedule 1” substitute “(in the case of a standard fund-holding practice) complies with the condition set out in paragraph 1 of Schedule 1”.

(5) In paragraph (9)(a), for “paragraph 1(a) or (b)” substitute “paragraph 1”.

Section 5 Amendment of regulation 5 of the principal Regulations

In regulation 5(1) of the principal Regulations (grant of recognition as a fund-holding practice), for “or as a community fund-holding practice” substitute “, a community fund-holding practice or a GP commissioning group”.

Section 6 Amendment of regulation 7 of the principal Regulations

(1) Regulation 7 of the principal Regulations (conditions for continuing recognition) is amended as follows.

(2) Renumber regulation 7 as paragraph (1), and after “community fund-holding practice” insert “or GP commissioning group”.

(3) After paragraph (1) (as so renumbered) insert—

(2) In relation to a GP commissioning group, Schedule 2 applies—

(a) as if in paragraph 5, “20,” were omitted; and

(b) as if in paragraph 10, sub-paragraph (d) were omitted.

Section 7 Amendment of regulation 9 of the principal Regulations

(1) Regulation 9 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) is amended as follows.

(2) In paragraph (3)(d), omit “1”.

(3) In paragraph (5), after “Where a member of a” insert “standard fund-holding practice or community”.

Section 8 Amendment of regulation 10 of the principal Regulations

(1) Regulation 10 of the principal Regulations (application for change in status of recognised fund-holding practice) is amended as follows.

(2) For paragraph (1) substitute—

(1) A fund-holding practice of one kind may apply to become a fund-holding practice of a different kind.

(3) In paragraph (3), for “1st July” substitute “31st July”.

Section 9 Insertion of Part IV into the principal Regulations

Before regulation 13 of the principal Regulations, insert—

REMOVAL OF RECOGNITION

Section 10 Amendment of regulation 13 of the principal Regulations

In regulation 13(2) of the principal Regulations (grounds for removal of recognition), after “standard fund-holding practice” insert “or a GP commissioning group”.

Section 11 Amendment of regulation 20 of the principal Regulations

(1) Regulation 20 of the principal Regulations (purchase of goods and services) is amended as follows.

(2) Before paragraph (1) insert—

(A1) This regulation does not apply to the members of a GP commissioning group, and references in this regulation to “fund-holding practice” shall be construed accordingly.

(3) In paragraph (2), for “community fund-hold” substitute “community fund-holding”.

(4) After paragraph (2) insert—

(2A) Subject to paragraph (4), where an individual who is a patient of a member of a fund-holding practice either refers himself to an NHS trust, or is referred by a doctor who is not a member of the fund-holding practice, for any service included in the list mentioned in paragraph (2), regulation 3(2) of the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 shall not apply in relation to that patient as respects that service.

(5) In paragraph (6), after sub-paragraph (a) insert “and”, and omit sub-paragraph (c) and the word “and” immediately preceding it.

(6) In paragraph 11(n), for “health authority” substitute “Health Authority”.

Section 12 Amendment of regulation 21 of the principal Regulations

(1) Regulation 21 of the principal Regulations (limit on provision of goods and services) is amended as follows.

(2) Renumber regulation 21 as paragraph (2).

(3) Before paragraph (2) (as so renumbered) insert—

(1) This regulation does not apply to a GP commissioning group.

Section 13 Amendment of regulation 22 of the principal Regulations

(1) Regulation 22 of the principal Regulations (payments to staff) is amended as follows.

(2) Before paragraph (1) insert—

(A1) This regulation does not apply to the members of a GP commissioning group, and references in this regulation to “fund-holding practice” shall be construed accordingly.

(3) In paragraph (1), for “paragraphs (2), (3) and (4)”, substitute “paragraphs (2), (3) and (5)”.

Section 14 Amendment of regulation 25 of the principal Regulations

(1) Regulation 25 of the principal Regulations (savings from the allotted sum) is amended as follows.

(2) In paragraph (2)—

(a) after “22 and 24” insert “or in accordance with paragraph (2B)”; and

(b) for “the following purposes” substitute “the purposes specified in the following sub-paragraphs or in paragraph (2A)”.

(3) After paragraph (2) insert—

(2A) Subject to paragraph (3), with the written consent of the Health Authority, the members of a GP commissioning group may, in addition to the purposes specified in paragraph (2), apply savings for the purpose of training employees of members of the practice.

(2B) The members of a fund-holding practice may, at any time, return to the Health Authority any savings which they do not wish to apply in accordance with paragraph (2) or (2A).

(4) In paragraph (3), after “paragraph (2)(a) to (f)” insert “or paragraph (2A)”.

Section 15 Insertion of Part VII into the principal Regulations

Before regulation 26 of the principal Regulations, insert—

MISCELLANEOUS

, and omit those words before regulation 27.

Section 16 Amendment of Schedule 1 to the principal Regulations

(1) Schedule 1 to the principal Regulations (conditions for obtaining recognition as a fund-holding practice) is amended as follows.

(2) In the heading, omit “as a fund-holding practice”.

(3) For paragraph 1 substitute—

(1) In the case of an application for recognition as a standard fund-holding practice, on the date on which the application is made there are at least 5,000 patients on the lists of patients of the members of the practice or, in the opinion of the Secretary of State, it is likely that there will be at least that many patients on those lists on the date on which any recognition would take effect in accordance with regulation 5(2).

Section 17 Amendment of Schedule 2 to the principal Regulations

(1) Schedule 2 to the principal Regulations (conditions for continuing recognition as a fund-holding practice) is amended as follows.

(2) In the heading, omit “as a fund-holding practice”.

(3) In each of paragraphs 1 and 2, omit “in the case of a community fund-holding practice, at least 3,000 patients or”.