The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (England) Regulations 2003

• Citation: S.I. 2003/1616
• Sections: 7

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (England) Regulations 2003 and shall come into force on 18th July 2003.

(2) In these Regulations, “the principal Regulations ” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 .

(3) These Regulations apply to England only.

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (2)—

(a) in the definition of “health service body”, in paragraph (a), before “ NHS trust” there shall be inserted “Local Health Board,”;

(b) in the definition of “nurse”, in paragraph (e), for “Health Authority” there shall be substituted “a Local Health Board”;

(c) the definition of “Primary Care Group” shall be omitted; and

(d) before the definition of “Primary Care Trust”, there shall be inserted—

“primary care list” means—

a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the Act ;

a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of that Act ;

a services list referred to in section 28DA of that Act or section 8ZA of the 1997 Act ; or

a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 ;

Section 3 Amendment of regulation 5 of the principal Regulations

(1) Regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a)—

(i) for “, the Channel Islands or the Isle of Man of any offence and” there shall be substituted “of any offence, or convicted elsewhere for an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case”,

(ii) at the end there shall be added “, and which has not been quashed on appeal”;

(b) for sub-paragraph (b) there shall be substituted—

(b) he has—

(i) been adjudged bankrupt or had a sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded, or

(ii) made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;

(c) after sub-paragraph (d), there shall be inserted—

(da) he—

(i) is subject to a national disqualification imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act,

(ii) is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,

(iii) has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,

(iv) is conditionally included in a primary care list,

(v) has been removed from a primary care list on any of the grounds set out in section 49F of the Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,

(vi) is contingently removed from a primary care list , or

(vii) is suspended from a primary care list or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,

and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;

(d) in sub-paragraph (e)—

(i) at the end of head (i), there shall be added “or”,

(ii) head (ii) shall be omitted, and

(iii) in head (iii), for “Health Authority” there shall be substituted “Local Health Board”;

(e) in sub-paragraph (i), for “Health Authority” there shall be substituted “Strategic Health Authority, a Local Health Board”.

(3) In paragraph (4)—

(a) in sub-paragraph (a), for “Health Authority” there shall be substituted “Strategic Health Authority or Local Health Board”; and

(b) sub-paragraph (b) shall be omitted.

Section 4 Amendment of regulation 6 of the principal Regulations

(1) Regulation 6 of the principal Regulations (cessation of disqualification) shall be amended as follows.

(2) In paragraph (1), after “bankrupt”, in the first place where it occurs, there shall be inserted “or having had a sequestration of his estate awarded”.

(3) In paragraph (2)—

(a) after “arrangement with” there shall be inserted “, or having granted a trust deed for,”; and

(b) after “or arrangement”, in the second place where it occurs, there shall be inserted “, or, as the case may be, the terms of the trust deed,”.

Section 5 Amendment of regulation 9 of the principal Regulations

In regulation 9 of the principal Regulations (appointment of committees and sub-committees), in paragraph (4)(b), for “Health Authorities” there shall be substituted “Strategic Health Authorities, Local Health Boards”.

Section 6 Amendment of regulation 10 of the principal Regulations

In regulation 10 of the principal Regulations (meetings and proceedings), in paragraph (3), for “or Health Authorities” there shall be substituted “, Strategic Health Authorities or Local Health Boards”.

Section 7 Amendment of regulation 11 of the principal Regulations

In regulation 11 of the principal Regulations (disability of chairman and members in proceedings on account of pecuniary interest), in paragraph (5)—

(a) for “married persons living together” there shall be substituted “two persons living together as a couple (whether married or not)”; and

(b) “spouse” shall be omitted.