The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

Transitory provisions relating to the Health Protection Agency

13.  For the period 1st April 2009 to 31st March 2010(1), the Health Protection Agency Act 2004(2) (Health care provision: standards) is modified so that for section 10 there is substituted—

“10.— (1) Insofar as any health care is provided by or for the Agency in England, the Agency is to be treated for the purposes of sections 46, 48, 53, 57, 58, 60 to 65, and 72 of the Health and Social Care Act 2008 as a Primary Care Trust.

(2) For the purposes of subsection (1), “health care” must be construed in accordance with section 9 of that Act.

(3) Insofar as any health care is provided by or for the Agency in Wales, the Agency is to be treated for the purposes of the standards provisions as a Welsh NHS body.

(4) For the purposes of subsection (3), “health care” must be construed in accordance with section 45 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43).

(5) The standards provisions are Chapters 2 and 4 of Part 2 of that Act.

(6) The references in section 71 of that Act (reporting to the Secretary of State and regulator) to special measures are, in relation to the Agency, references to anything that may be done by the appropriate authority in pursuance of section 4 above.

(7) This section does not extend to Scotland and Northern Ireland.”.

(1)

The modification of the Health Protection Agency Act 2004 is transitory because further changes to the way in which their standards are regulated are expected from April 2010. Permanent amendments will be made to the legislation at that stage.

(2)

2004 c.17.