The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003

• Citation: S.I. 2003/1497
• Sections: 6

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003 and shall come into force on 8th July 2003.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .

(3) These Regulations apply only in relation to Strategic Health Authorities and Primary Care Trusts established for areas in England.

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation), in paragraph (1), in the appropriate alphabetical position, there shall be inserted—

“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison;

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 may be detained and given training and education and prepared for their release;

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;

Section 3 Amendment of regulation 3 of the principal Regulations

(1) Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.

(2) In paragraph (7)(a)—

(a) in head (i), after “practice patients” there shall be inserted “(other than any such patients who are detained in a prison in England)”; and

(b) for head (ii) there shall be substituted—

(ii) persons usually resident in its area, or resident outside the United Kingdom who are present in its area, and who do not fall under the responsibility of another Primary Care Trust under head (i) above

(3) In paragraph (8), after “class of case”, there shall be inserted “and to paragraph (8A)”.

(4) After paragraph (8), there shall be inserted—

(8A) Subject to paragraph (8B), a person who is detained in a prison in England, shall, for the period of that detention, be treated as usually resident at the address of the prison in which he is detained.

(8B) Paragraph (8A) shall not apply in relation to the commissioning of psychiatric hospital care for the purposes of the removal of a person detained in prison to a hospital under sections 47 or 48 of the Mental Health Act 1983 .

Section 4 Amendment of regulation 9 of the principal Regulations

(1) Regulation 9 of the principal Regulations (arrangements by Strategic Health Authorities for exercise of functions) shall be amended as follows.

(2) In paragraph (1)—

(a) sub-paragraph (b) shall be omitted; and

(b) in sub-paragraph (d)(iii) for “other Health Authorities” there shall be substituted “Local Health Boards”.

(3) In paragraphs (3), (4) and (5), for “Health Authorities”, in each place where it occurs, other than in the expressions “Strategic Health Authorities” or “Special Health Authorities”, there shall be substituted “Local Health Boards”.

(4) In paragraph (6)—

(a) for “article 18 of” there shall be substituted “articles 42 or 43 of or paragraph 18 of Schedule 2 to”;

(b) in sub-paragraph (a) “or Health Authority” shall be omitted; and

(c) in sub-paragraphs (b) and (c) “or Health Authorities” shall be omitted.

Section 5 Amendment of regulation 10 of the principal Regulations

In regulation 10 of the principal Regulations (arrangements by Primary Care Trusts for exercise of functions) in paragraphs (1)(c)(ii), (4), (5) and (6), for “Health Authorities”, in each place where it occurs, other than in the expressions “Strategic Health Authorities” or “Special Health Authorities”, there shall be substituted “Local Health Boards”.

Section 6 Amendment of regulation 11 of the principal Regulations

In regulation 11 of the principal Regulations (arrangements with health service bodies in Wales)—

(a) for “Health Authority or Health Authorities”, in each place where it occurs, there shall be substituted “Local Health Board or Local Health Boards” and

(b) in paragraphs (1)(c), 2(b) or (3) for “Health Authority”, in each place where it occurs, other than in the expression “Strategic Health Authority”, there shall be substituted “Local Health Board”.