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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.
(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(7) The extent of any repeal or revocation of any enactment under regulation 19 is the same as that of the enactment repealed or revoked.
(1) In the name of each Health Authority listed in column 1 of Schedule 1 to the Health Authorities (Establishment and Abolition) (England) Order 2002 for “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) affect any right or obligation of any person; or
(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.
The enactments specified in Schedule 1 are amended as there specified.
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,”.
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”.
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;
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”.
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”.
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” , 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”.
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;
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”.
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” , 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”.
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”.
The consequential and transitional provisions in Schedule 12 shall have effect.
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 2001 come into force for all purposes—
(a) the references to Health Authority in sections 46 and 49A(1) of the National Health Service Act 1977 are 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.
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 1988 to any Health Authority is to have effect as if it included a reference to any Strategic Health Authority.
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 1976 , a form which complies with those regulations as in force on 30th September 2002 shall continue to be valid.
(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 2000 is revoked.
In Schedule 1 to the Public Records Act 1958 (definition of public records) , 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 England —
(a) for “Health Authority or Special Health Authority” there is substituted “Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust”; and
(b) after “or held by” there is inserted “a Strategic Health Authority or”.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which this Act applies) , in paragraph 1—
(a) before sub-paragraph (f) there is inserted—
(ea) Strategic Health Authorities;
(b) in sub-paragraph (gg), after “Primary Care Trusts” there is inserted “, except as regards the exercise of functions under the National Health Service (Service Committees and Tribunal) Regulations 1992 or any regulations amending or replacing those Regulations”.
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation) , in paragraph 8—
(a) in sub-paragraph (1), before “a Health Authority” there is inserted “a Strategic Health Authority,”; and
(b) in sub-paragraph (2), after “taken by a” there is inserted “Strategic Health Authority,”.
In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for pubic purposes) —
(a) in subsection (5)(d), before “any Health Authority,” there is inserted “any Strategic Health Authority,”; and
(b) in subsection (6)(c), before “Health Authority,” there is inserted “Strategic Health Authority,”.
In section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare) , in subsection (1)(a), after “servants of a” there is inserted “Strategic Health Authority,”.
In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee) , in the entry relating to the Children Act 1989, in the second column, after “health authorities” there is inserted “, Primary Care Trusts,”.
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities) , in subsection (1A), before “Health Authority”, in each place where it occurs, there is inserted “Strategic Health Authority,”.
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) , in Part III, in the entry relating to the Chairman and members of Health Authorities and Special Health Authorities, before “Health Authority or Special Health Authority” there is inserted “Strategic Health Authority,”.
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) , in paragraph 5, before “Health Authority” there is inserted “Strategic Health Authority or a”.
(1) The Mental Health Act 1983 is amended as follows.
(2) In section 134 (correspondence of patients), in subsection (3)(e) , before “Health Authority” there is inserted “Strategic Health Authority,”.
(3) In section 139 (protection for acts done in pursuance of this Act) , in subsection (4), before “Health Authority” there is inserted “Strategic Health Authority,”.
(4) In section 145 (interpretation), in subsection (1)—
(a) in paragraph (a) of the definition of “the managers” , after “Primary Care Trust” there is inserted “Strategic Health Authority,”; and
(b) before the definition of “supervision application” there is inserted—
“Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;
(1) The Public Health (Control of Disease) Act 1984 is amended as follows.
(2) In section 1 (authorities administering Act), in subsection (4)(b) , before “Health Authorities” there is inserted “Strategic Health Authorities,”.
(3) In section 13 (regulations for control of certain diseases), in subsection (4)(a) , after “port health authorities,” there is inserted “Strategic Health Authorities,”.
(4) In section 37 (removal to hospital of person with notifiable disease) —
(a) in subsection (1), for “of the Health Authority in whose area lies the area, or the greater part of the area, of the local authority” there is substituted “mentioned in subsection (1A) below”, and
(b) after subsection (1) there is inserted—
(1A) The consent referred to in subsection (1) above is that of a Primary Care Trust or Health Authority—
(a) any part of whose area falls within that of the local authority, and
(b) which appears to the local authority to be an appropriate Primary Care Trust or Health Authority from whom to obtain consent.
(5) In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease) , in subsection (1), for “Health Authority in whose area lies the area, or the greater part of the area, of the local authority” there is substituted “Primary Care Trust or Health Authority in whose area the common lodging-house is situated”.
In section 2 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons) , in subsection (9), in the definition of “health authority”, for paragraph (a) there is substituted—
(a) in relation to England, means a Strategic Health Authority, a Special Health Authority or a Primary Care Trust,
(aa) in relation to Wales, means a Health Authority or a Special Health Authority, and
In section 1 of the AIDS (Control) Act 1987 (periodical reports on matters relating to AIDS and HIV ) —
(a) in subsection (1)(b)—
(i) before sub-paragraph (i), there is inserted—
(zi) each Strategic Health Authority in England;
(ii) in sub-paragraph (i), “England and” is omitted;
(b) in subsection (2)(b), after “published by the” there is inserted “Strategic Health Authority,”; and
(c) in subsection (9), for ““Health Authority” means a Health Authority established under section 8 of the National Health Service Act 1977” there is substituted ““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977, “Health Authority” means a Health Authority established under section 8 of that Act”.
In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies) , in subsection (2)(a), before “Health Authority” there is inserted “Strategic Health Authority or a”.
In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls) , in paragraph (b), after “being used by a” insert “Strategic Health Authority or”.
(1) The Children Act 1989 is amended as follows.
(2) In section 29 (recoupment of cost of providing services etc ) , in subsection (8)(c), after “made by” there is inserted “a Strategic Health Authority,”.
(3) In section 105 (interpretation), in subsection (1), after the definition of “specific issue order” there is inserted ““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;”.
In section 11 of the Access to Health Records Act 1990 (interpretation) —
(a) in paragraph (a) of the definition of “health service body”, for “a Health Authority” there is substituted “a Strategic Health Authority, Health Authority”; and
(b) after the definition of “Special Health Authority” there is inserted—
“Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977.
(1) The Water Industry Act 1991 is amended as follows.
(2) In section 87 (fluoridation of water supplies at request of health authorities) before “Health Authority”, in each place where it occurs, there is inserted “Strategic Health Authority or”.
(3) In section 89 (publicity and consultation) , before “Health Authority”, in each place where it occurs, there is inserted “Strategic Health Authority or”.
(4) In Schedule 7 (pre-1985 fluoridation schemes) , before “Health Authority”, in each place where it occurs, there is inserted “Strategic Health Authority or”.
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of council) —
(a) in paragraph 33(a), for “Health Authorities established under section 8 of the National Health Service Act 1977 (c. 49) ” there is substituted “Primary Care Trusts established under section 16A of the National Health Service Act 1977 (c. 49) or Health Authorities established under section 8 of that Act”; and
(b) in paragraph 33(c), before “Health Authorities” there is inserted “Primary Care Trusts or”.
In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, after “Primary Care Trust,”, in each place where it occurs, there is inserted “Strategic Health Authority,”.
In section 1 of the National Health Service (Residual Liabilities) Act 1996 (transfer of residual liabilities: England and Wales) —
(a) in subsection (1), before “a Health Authority” there is inserted “a Strategic Health Authority,”; and
(b) in subsection (2), after paragraph (b) there is inserted—
(ba) a Strategic Health Authority;
(1) The Employment Rights Act 1996 is amended as follows.
(2) In section 50 (right to time off for public duties) , in subsection (8)(b), before “Health Authority” there is inserted “Strategic Health Authority or”.
(3) In section 218 (change of employer), in subsection (10)(a), before “Health Authorities” there is inserted “Strategic Health Authorities and”.
(1) The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.
(2) In section 3 (ineligible applicants) , in subsection (2)(f), before “health authority” there is inserted “Strategic Health Authority,”.
(3) In section 64 (persons eligible to participate in group repair scheme) , in subsection (7)(d), before “health authority” there is inserted “Strategic Health Authority,”.
In section 69 of the Data Protection Act 1998 , in subsection (3)(a) before “Health Authority” there is inserted “Strategic Health Authority or a”.
(1) The Crime and Disorder Act 1998 is amended as follows.
(2) In section 38 (local provision of youth justice services) , in subsection (2)(b), after “local probation board,” there is inserted “Strategic Health Authority,”.
(3) In section 39 (youth offending teams) —
(a) in subsection (3)(b), after “local probation board,” there is inserted “Strategic Health Authority,”; and
(b) in subsection (5)(d), after “nominated by” there is inserted “a Primary Care Trust or”.
(4) In section 41 (the Youth Justice Board) , in subsection (10), after “local probation board,” there is inserted “a Strategic Health Authority,”.
(5) In section 42 (supplementary provisions) , in subsection (3), after “local probation board,” there is inserted “a Strategic Health Authority,”.
(6) In section 115 (disclosure of information) , in subsection (2), after paragraph (e), there is inserted—
(ea) a Strategic Health Authority;
In section 61 (English and Scottish border provisions) of the Health Act 1999 , in subsection (5), for “Health Authority” there is substituted “Primary Care Trust”.
In section 121 of the Care Standards Act 2000 (general interpretation etc) , in subsection (1), in the definition of “National Health Service body”, after “National Health Service trust,” there is inserted “a Strategic Health Authority,”.
(1) The Learning and Skills Act 2000 is amended as follows.
(2) In section 115 (consultation and coordination), in subsection (1), for paragraph (b) there is substituted—
(b) a Strategic Health Authority,
(3) In section 120 (information: supply by public bodies), in subsection (2), for paragraph (b) there is substituted—
(b) a Strategic Health Authority,
(4) In section 121 (supplementary), in subsection (1)—
(a) the definition of “Health Authority” is omitted; and
(b) after the definition of “police authority” there is inserted—
“Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 1977,
In Schedule 1 to the Freedom of Information Act 2000 (public authorities) , in Part III, before paragraph 37 there is inserted—
(36A) A Strategic Health Authority established under section 8 of the National Health Service Act 1977.
In section 20 of the Health and Social Care Act 2001 (medical, dental, ophthalmic and pharmaceutical etc. lists) , in subsection (6)(b) (which inserts new paragraphs (f) to (k) into section 42(3) of the National Health Service Act 1977), before “Health Authority”, in each place where it occurs, there is inserted “Primary Care Trust or”.
In Schedule 1 to the International Development Act 2002 (statutory bodies to which section 9 applies) after the entry for “A Special Health Board” there is inserted—
A Strategic Health Authority
The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2002-2469
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