Statutory Instrument 2002 No. 2469

The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

---

© Crown Copyright 2002

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002, ISBN 0 11 042855 2. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(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.

Consequential amendments
     4. The enactments specified in Schedule 1 are amended as there specified.

     5. 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,".

     6. 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".

     7. 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;"[3].

     8. 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".

     9. 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".

     10. 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"[4], 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".

     11. 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;"[5].

     12. 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".

     13. 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" [6], 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".

     14. 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".

     15. The consequential and transitional provisions in Schedule 12 shall have effect.

National Health Service Act 1977
     16. 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[7] 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[8] 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.

Community Health Councils (Access to Information) Act 1988
     17. 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[9] to any Health Authority is to have effect as if it included a reference to any Strategic Health Authority.

Continuing validity of forms
     18. 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[10], a form which complies with those regulations as in force on 30th September 2002 shall continue to be valid.

Repeals and revocations
     19.  - (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[11] is revoked.



Signed by authority of the Secretary of State


John Hutton
Minister of State, Department of Health

25th September 2002

(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".

Public Bodies (Admission to Meetings)Act 1960

     2. In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which this Act applies)[14], in paragraph 1 - 

(a) before sub-paragraph (f) there is inserted - 


" (ea) Strategic Health Authorities;"; and



(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".



Parliamentary Commissioner Act 1967

     3. In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)[15], 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,".

Leasehold Reform Act 1967

     4. In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)[16] - 

(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,".

Health Services and Public Health Act 1968

     5. 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)[17], in subsection (1)(a), after "servants of a" there is inserted "Strategic Health Authority,".

(a) in paragraph (a) of the definition of "the managers"[25], after "Primary Care Trust" there is inserted "Strategic Health Authority,"; and

(b) before the definition of "supervision application"[26] there is inserted - 

" "Strategic Health Authority" means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;".

(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)[31], 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".

" (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".


AIDS (Control) Act 1987

     13. In section 1 of the AIDS (Control) Act 1987 (periodical reports on matters relating to AIDS and HIV)[33] - 

(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".



Income and Corporation Taxes Act 1988

     14. In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies)[34], in subsection (2)(a), before "Health Authority" there is inserted "Strategic Health Authority or a".

(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.".

(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".

Health Authorities Act 1995

     20. In Schedule 2 to the Health Authorities Act 1995[44] (transitional provisions and savings), in paragraph 2, after "Primary Care Trust,", in each place where it occurs, there is inserted "Strategic Health Authority,".

(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;".


Employment Rights Act 1996

     22.  - (1) The Employment Rights Act 1996[46] is amended as follows.

    (2) In section 50 (right to time off for public duties)[47], 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".

(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)[55], in subsection (10), after "local probation board," there is inserted "a Strategic Health Authority,".

    (5) In section 42 (supplementary provisions)[56], in subsection (3), after "local probation board," there is inserted "a Strategic Health Authority,".

    (6) In section 115 (disclosure of information)[57], in subsection (2), after paragraph (e), there is inserted - 

" (ea) a Strategic Health Authority;".


Health Act 1999

     26. In section 61 (English and Scottish border provisions) of the Health Act 1999[58], in subsection (5), for "Health Authority" there is substituted "Primary Care Trust".

" (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,".

     " 36A A Strategic Health Authority established under section 8 of the National Health Service Act 1977.".

" A Strategic Health Authority".

(a) for "Regional Health Authority and every District Health Authority" there is substituted "Strategic Health Authority, NHS Trust and Primary Care Trust"; and

(b) after "Authority" there is inserted "or Trust".

National Health Service (Speech Therapists) Regulations 1974

     34. In regulation 4 of the National Health Service (Speech Therapists) Regulations 1974[67], for paragraphs (a) and (b) there is substituted - 

" (a) Health Authorities;

(b) Primary Care Trusts;".


Local Government Area Changes Regulations 1976

     35.  - (1) The Local Government Area Changes Regulations 1976[68] are amended as follows.

    (2) In regulation 3(4) (interpretation), for "an area health authority" there is substituted "a health authority or Primary Care Trust"[69].

    (3) In regulation 28 (family practitioner services) - 

(a) for "area health authority" there is substituted "health authority or Primary Care Trust"; and

(b) after "such authority" there is inserted "or Trust".

    (4) In Schedule 2 (family practitioner services) - 

(a) in paragraph 1 - 


(i) for "area health authority" there is substituted "health authority or Primary Care Trust",

(ii) after "such authority" there is inserted "or Trust",

(iii) "and "the transferor committee" means the family practitioner committee established for that area" is omitted, and

(iv) "and "the transferee committee" means the family practitioner committee established for that area" is omitted;



(b) in paragraph 2(a) - 



(i) for "transferor committee" there is substituted "transferor authority",

(ii) for "on behalf of the transferee authority by the transferee committee" there is substituted "by the transferee authority";



(c) in paragraph 3, for "committee", in both places it occurs, there is substituted "authority";

(d) in paragraph 4, for "family practitioner committee" there is substituted "health authority or Primary Care Trust";

(e) in paragraphs 5 to 7, for "committee", in each place it occurs, there is substituted "authority";

(f) in paragraph 8 - 



(i) in paragraph (b), for "committee" there is substituted "authority",

(ii) for "an area health authority or family practitioner committee" there is substituted "a health authority or Primary Care Trust"; and



(g) in paragraph 10, for "an area health authority or a family practitioner committee" there is substituted "a health authority or Primary Care Trust".



Land Drainage (Compensation) Regulations 1977

     36. In regulation 2 of the Land Drainage (Compensation) Regulations 1977 (interpretation)[70] - 

(a) the definition of "Health Act" is omitted; and

(b) for the definition of "health authority" there is substituted - 

" "health authority" means - 
(a) any Health Authority or Strategic Health Authority established under section 8 of the National Health Service Act 1977; and

(b) any Special Health Authority established under section 11 of that Act;".


Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

     37. In regulation 1 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (citation, commencement and interpretation)[71], in paragraph (2)(a), in the definition of "Health Authority", for paragraph (a) there is substituted - 

" (a) in relation to England, means a Strategic Health Authority established under section 8 of the National Health Service Act 1977;

(aa) in relation to Wales, means a Health Authority established under section 8 of that Act;".


Medicines (Pharmacy and General Sale-Exemption) Order 1980

     38. In article 1 of the Medicines (Pharmacy and General Sale-Exemption) Order 1980 (citation, commencement and interpretation)[72], in paragraph (2)(a), in the definition of "health authority", for (i) there is substituted - 

" (ia) in relation to England, means a Strategic Health Authority established under section 8 of the National Health Service Act 1977,

(ib) in relation to Wales, means a Health Authority established under section 8 of that Act,".


National Health Service (Notification of Births and Deaths) Regulations 1982

     39.  - (1) The National Health Service (Notification of Births and Deaths) Regulations 1982[73] are amended as follows[74].

    (2) In regulation 3 (person to whom particulars of births and deaths are to be furnished) - 

(a) after "occurring in the district of the Authority" there is inserted "or Trust"; and

(b) for "District Health Authority", in the last place where it occurs, there is substituted "Health Authority".

    (3) In regulation 4 (person to whom notification of birth is to be given) for "District Health Authority", in the last place where it occurs, there is substituted "Health Authority".

" "Authority" means a Strategic Health Authority or Health Authority.".

" (a) in relation to England, means a Strategic Health Authority, a Special Health Authority, an NHS trust or a Primary Care Trust (each within the meaning of National Health Service Act 1977);

(aa) in relation to Wales, means a Health Authority, a Special Health Authority or an NHS trust (each within the meaning of the National Health Service Act 1977);".


Social Security (Claims and Payments) Regulations 1987

     44. In regulation 43 of the Social Security (Claims and Payments) Regulations 1987 (children)[79] - 

(a) in paragraph (6), for "district health authority" there is substituted "health authority"; and

(b) in paragraph (7) - 


(i) the definition of "district health authority" is omitted,

(ii) there is inserted, in the appropriate alphabetical position - 

" "health authority" means - 
(a) in relation to England, a Primary Care Trust established under section 16A of the National Health Service Act 1977;

(b) in relation to Wales, a Health Authority established under section 8 of that Act; and

(c) in relation to Scotland, a Health Board within the meaning of the National Health Service (Scotland) Act 1978;".


National Health Service (Payment of Remuneration-Special Arrangement) Order 1988

     45. In article 2 of the National Health Service (Payment of Remuneration-Special Arrangement) Order 1988 (functions conferred on District and Special Health Authorities)[80] - 

(a) for "District Health Authority" there is substituted "Health Authority, Primary Care Trust"; and

(b) after "authority's" there is inserted "or Trust's".

Public Health (Infectious Diseases) Regulations 1988

     46.  - (1) The Public Health (Infectious Diseases) Regulations 1988[81] are amended as follows.

    (2) In regulation 2(1) (interpretation) - 

(a) for the definition of "appropriate District Health Authority" there is substituted - 

" "appropriate health authority" means - 
(a) in Wales, the Health Authority within which a district of a local authority or a port health district is wholly or partly situated; and

(b) in England, the Primary Care Trust - 


(i) any part of whose area falls within that of the local authority or port health district of the proper officer; and

(ii) which appears to the proper officer to be the relevant Primary Care Trust.";



(b) the definition of "District Health Authority" is omitted; and

(c) there is inserted, in the appropriate alphabetical position - 

" "Health Authority" means a Health Authority established under section 8 of the National Health Service Act 1977;
"Primary Care Trust" means a Primary Care Trust established under section 16A of the National Health Service Act 1977;".

    (3) In regulations 6 and 8, for "District Health Authority", in each place where it occurs, there is substituted "health authority".

(a) in paragraph (5) - 


(i) for "district health authority" there is substituted "Strategic Health Authority or Health Authority and a Primary Care Trust", and

(ii) for "in the authority's area" there is substituted "in the area of the authority or Trust";



(b) in paragraph (6), after "authority" there is inserted "or Trust"; and

(c) in paragraph (7) - 



(i) in paragraph (c) of the definition of "local authority", "and" is omitted, and

(ii) for the definition of "district health authority" there is substituted - 

" "Health Authority" means a Health Authority established under section 8 of the National Health Service Act 1977;
"Primary Care Trust" means a Primary Care Trust established under section 16A of that Act; and
"Strategic Health Authority" means a Strategic Health Authority established under section 8 of that Act.".

(a) in paragraph (1), for "Family Authorities" there is substituted "Primary Care Trusts"; and

(b) in paragraph (2), for "Family Authorities" there is substituted "Primary Care Trusts".

    (4) In article 5(d) (constitution of the Pricing Authority), for "Family Authority" there is substituted "Primary Care Trust".

(a) in paragraph (2), for "shall in relation to England and Wales have the same meaning it has in section 128(1)" there is substituted "shall in relation to Wales have the same meaning it has in section 8"; and

(b) after paragraph (3) there is inserted - 

    " (4) In these Regulations, "Strategic Health Authority" means a Strategic Health Authority established under section 8 of the National Health Service Act 1977."[86].

(a) in paragraph (2), for "shall in relation to England and Wales have the same meaning it has in section 128(1)" there is substituted "shall in relation to Wales have the same meaning it has in section 8"; and

(b) after paragraph (3) there is inserted - 

    " (4) In these Regulations, "Strategic Health Authority" means a Strategic Health Authority established under section 8 of the National Health Service Act 1977."[88].

(a) in paragraph (1), after "the Authority" there is inserted "or Trust";

(b) in paragraph (2A), after "Authorities" there is inserted "or Trusts"; and

(c) in paragraph (3), after "the Authority's" there is inserted "or Trust's".

    (5) In regulation 25 (temporary provision of services), in paragraph (17), after "the Authority's" there is inserted "or Trust's".

    (6) In Schedule 3, in Part I (information to be considered by a health authority when deciding whether or not to declare a vacancy), in paragraph 1, after "the Authority's" there is inserted "or Trust's".

(a) head (iv) is omitted; and

(b) for head (v) there is substituted - 


" (v) a Strategic Health Authority any part of the district of which is in the locality of the Primary Care Trust;".


National Health Service (Pharmaceutical Services) Regulations 1992

     57. In regulation 2 of the National Health Service (Pharmaceutical Services) Regulations 1992 (interpretation)[94], in paragraph (1) - 

(a) the definition of "FHSA" is omitted;

(b) the definition of "Family Health Services Authority" is omitted; and

(c) for the definition of "pilot scheme provider" there is substituted - 

" "pilot scheme provider" means a person who provides personal medical services in connection with a pilot scheme;".

" (b) the other two shall be engaged in the provision of general medical services, of whom one shall be nominated by the body mentioned in paragraph (3)(a)(ii) and the other shall be nominated by the Secretary of State.".

    (5) In Schedule 7 (rules of procedure under regulation 18), in paragraph 2(1) for "either the FHSA" there is substituted "the Health Authority, Primary Care Trust".

    (6) In Schedule 8 (forms for use in proceedings before tribunal) - 

(a) for "Family Health Services Authority" in both places where it occurs, there is substituted "(fa)"; and

(b) after paragraph (f) in the notes, in both places, there is inserted - 


" (fa) whether Primary Care Trust (in England) or Health Authority (in Wales);".


Magistrates' Courts (Children and Young Persons) Rules 1992

     59. In Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 1992[96], in Forms 14 (warrant of commitment to local authority accommodation: remand for enquiries) and 15 (warrant of commitment to remand centre or prison: remand for enquiries) "by a local health authority" is omitted.

" (da) a Strategic Health Authority established under section 8 of the 1977 Act;".


Redundancy Payments (National Health Service) (Modification) Order 1993

     61. In Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 1993 (employment to which this Order applies: employers immediately before the relevant event)[98], for paragraph 1 there is substituted - 

     " 1 a Strategic Health Authority or Health Authority established under section 8 of the National Health Service Act 1977 ("the 1977 Act");

     1A a Special Health Authority established under section 11 of the 1977 Act;".

(a) in the definition of "employing authority", before paragraph (a) there is inserted - 


" (za) a Strategic Health Authority established under section 8 of the National Health Service Act 1977,";



(b) in the definition of "NHS dental employee", before paragraph (a) there is inserted - 



" (za) a Strategic Health Authority;"; and



(c) in the definition of "practitioner", in paragraph (b), after "Primary Care Trust" there is inserted ", a Strategic Health Authority".

    (3) In Schedule 2 (medical and dental practitioners) - 

(a) in paragraph 1, in the definition of "locum practitioner", in paragraph (b)(i), after "the Authority" there is inserted "or Trust"; and

(b) in paragraph 5(3) - 


(i) after "that Authority" there is inserted "or Trust", and

(ii) after "the Authority" there is inserted "or Trust".

Family Health Services Appeal Authority (Establishment and Constitution) Order 1995

     63. In article 3 of the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 (functions of the authority)[100], for "Family Health Services Authorities"[101] there is substituted "Primary Care Trusts".

" (f) he is the chairman or member of a Strategic Health Authority, a Special Health Authority, a Health Authority or a Primary Care Trust;".

    (4) In regulation 12 (arrangements for the exercise of functions), in paragraph (2) for "Family Health Services Authorities" there is substituted "Health Authorities or Primary Care Trusts".

(a) in the definition of "employing authority", before paragraph (a) there is inserted - 


" (za) a Strategic Health Authority established under section 8 of the National Health Service Act 1977,"; and



(b) in the definition of "NHS dental employee", before paragraph (b) there is inserted - 



" (ab) a Strategic Health Authority;".


National Health Service Litigation Authority Regulations 1995

     66. In regulation 1 of the National Health Service Litigation Authority Regulations 1995 (citation, commencement and interpretation)[104], in paragraph (2), in the definition of "health service body", before "a Regional Health Authority" there is inserted "a Strategic Health Authority, a Health Authority,".

" (b) a Strategic Health Authority,".


Community Health Councils Regulations 1996

     69.  - (1) The Community Health Councils Regulations 1996[107] are amended as follows.

    (2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of "relevant Primary Care Trust" there is inserted - 

" "relevant Strategic Health Authority" means, in relation to a Council, any Strategic Health Authority whose area, or any part of whose area, is included in the district of the Council;".

    (3) In regulation 7 (disqualification for membership) - 

(a) in paragraph (1) - 


(i) in sub-paragraph (a) before (i) there is inserted - 


" (zi) a Strategic Health Authority;",


(ii) in sub-paragraph (aa) before (i) there is inserted - 


" (zi) a relevant Strategic Health Authority;", and


(iii) in sub-paragraph (b), before "the relevant Health Authority" there is inserted "a relevant Strategic Health Authority,"; and



(b) in paragraph (2), before sub-paragraph (b), there is inserted - 



" (aa) a Strategic Health Authority;".

    (4) In regulation 16 (reports), - 

(a) in paragraph (1)(b), before "relevant Health Authority" there is inserted "relevant Strategic Health Authority,"; and

(b) in paragraph (2), before "relevant Health Authority" there is inserted "relevant Strategic Health Authority or".

    (5) In regulation 17 (advising on operation of the health service), before "relevant Health Authority" there is inserted "relevant Strategic Health Authority,".

    (6) In regulation 18 (consultation of councils by relevant health authorities), in paragraph (1) - 

(a) before "relevant Health Authority" there is inserted "relevant Strategic Health Authority or"; and

(b) before "Authority's" there is inserted "Strategic Health".

    (7) In regulation 19 (information to be furnished by relevant Health Authorities), in paragraph (1), before "relevant Health Authority" there is inserted "relevant Strategic Health Authority,".

(a) before sub-paragraph (i) there is inserted - 


" (zi) a Strategic Health Authority,"; and



(b) before sub-paragraph (iii) there is inserted - 



" (iia) a Primary Care Trust,".


National Health Service (Appointment of Consultants) Regulations 1996

     71.  - (1) The National Health Service (Appointment of Consultants) Regulations 1996[109] are amended as follows.

    (2) In regulation 2(1) (interpretation) - 

(a) in the definition of "Authority", after "a Health Authority," there is inserted "a Strategic Health Authority, a Primary Care Trust,";

(b) for the definition of "relevant University" there is substituted - 

" "relevant University" means for an appointment to a Strategic Health Authority or Primary Care Trust, any University associated with the provision of health services to that Authority or Trust;"; and

(c) the definition of "Teaching Authority" is omitted.

    (3) In regulation 5 (exempt appointments), paragraph (1)(b) is omitted.

    (4) In Schedule 1 (constitution of an advisory appointments committee), in paragraph 2(b), for (i) there is substituted - 

" (i) in the case of a Strategic Health Authority, a practitioner employed within the area of the Authority making the appointment,

(ia) in the case of a Primary Care Trust, a practitioner employed within the area of the Trust making the appointment, or".


Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996

     72. In article 1 of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 (citation, commencement and interpretation)[110], in paragraph (2)(b), in the definition of "health service employers", after sub-paragraph (iv) there is inserted - 

" (iva) a Strategic Health Authority established under section 8 of the National Health Service Act 1977;".


Prescription Only Medicines (Human Use) Order 1997

     73.  - (1) The Prescription Only Medicines (Human Use) Order 1997[111] is amended as follows.

    (2) In article 12A (exemptions for the supply and administration of prescription only medicines by national health service bodies) - 

(a) in paragraph (1)(b), before "Health Authority or" there is inserted "Strategic Health Authority,"; and

(b) in paragraph (2)(b), before "Health Authority or" there is inserted "Strategic Health Authority,".

    (3) In article 12C (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction), in paragraph (1)(a), before "a Health Authority" there is inserted "a Strategic Health Authority,".

    (4) In Part 2 of Schedule 7 (persons on whose behalf a Patient Group Direction must be signed), after the entry relating to the Common Services Agency, there is inserted - 

"Strategic Health Authority

The Strategic Health Authority"

" "authority" means - 
(a) in relation to England, a Strategic Health Authority or Primary Care Trust;

(b) in relation to Wales, a Health Authority; and

(c) in relation to Scotland, a Health Board;".


National Health Service (Vocational Training for General Medical Practice) Regulations 1997

     75.  - (1) The National Health Service (Vocational Training for General Medical Practice) Regulations 1997[113] are amended as follows.

    (2) In regulation 4 (experience and certificates required), in paragraph (2), after "Authority's" there is inserted "or Trust's".

    (3) In regulation 14 (appeal bodies), in paragraph (3)(d), before "or Special Health Authority" there is inserted ", Primary Care Trust".

" "authority" means - 
(a) in relation to England, a Primary Care Trust;

(b) in relation to Wales, a Health Authority; and

(c) in relation to Scotland, a Health Board;".

    (3) In regulation 2 (applications to become a pilot scheme health service body), paragraph (2) is omitted.

    (4) In regulation 3 (ceasing to be a pilot scheme health service body) - 

(a) in paragraph (2)(b), for "the Secretary of State" there is substituted "the Strategic Health Authority"; and

(b) in paragraph (2)(c), "the Secretary of State and" is omitted.

Local Education Authority (Behaviour Support Plans) Regulations 1998

     77. In regulation 3 of the Local Education Authority (Behaviour Support Plans) Regulations 1998 (consultation)[115], in paragraph (2)(i), after "National Health Service Act 1977)" there is inserted "or Primary Care Trust (within the meaning of section 16A of that Act),".

(a) in paragraph (1), after "authority" there is inserted "or, in England, a Primary Care Trust"; and

(b) in paragraph (2)(b), after "authority" there is inserted "or, in England, the Primary Care Trust".

National Health Service (Pilot Schemes: Part II Practitioners) Regulations 1998

     79. In regulation 1 of the National Health Service (Pilot Schemes: Part II Practitioners) Regulations 1998 (citation, commencement and interpretation)[117], in paragraph (2), in sub-paragraph (a), before the definition of "normal hours" there is inserted - 

" "authority" means - 
(a) in relation to England, a Primary Care Trust;

(b) in relation to Wales, a Health Authority; and

(c) in relation to Scotland, a Health Board;".


Education (Publication of Local Education Authority Inspection Reports) Regulations 1998

     80. In regulation 4 of the Education (Publication of Local Education Authority Inspection Reports) Regulations 1998[118], in paragraph (1)(j), after "National Health Service Act 1977)" there is inserted "or Primary Care Trust (within the meaning of section 16A of that Act),".

" "health authority" means - 
(a) in relation to England, a Primary Care Trust established under section 16A of the National Health Service Act 1977;

(b) in relation to Wales, a Health Authority established under section 8 of that Act; and

(c) in relation to Scotland, a Health Board established under section 2 of the National Health Service (Scotland) Act 1978.".


National Health Service (Liabilities to Third Parties Scheme) Regulations 1999

     83.  - (1) The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999[121] are amended as follows.

    (2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of "an eligible body" there is added at the end "or a body which before 1 October 2002 was a Health Authority whose area was situated in England".

    (3) In regulation 3 (eligible bodies), for paragraph (b) there is substituted - 

" (b) a Strategic Health Authority,".


National Health Service (Property Expenses Scheme) Regulations 1999

     84.  - (1) The National Health Service (Property Expenses Scheme) Regulations 1999[122] are amended as follows.

    (2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of "an eligible body" there is added at the end "or a body which before 1 October 2002 was a Health Authority whose area is situated in England".

    (3) In regulation 3 (eligible bodies), for paragraph (b) there is substituted - 

" (b) a Strategic Health Authority,".


Education (Maintained Special Schools) (England) Regulations 1999

     85. In regulation 7 of the Education (Maintained Special Schools) (England) Regulations 1999 (other bodies to whom proposals should be sent)[123], in paragraph (2)(g), for "Local Health Authority" there is substituted "Primary Care Trust".

(a) in paragraph (1), after "Health Authority" there is inserted "or relevant Primary Care Trust"; and

(b) after paragraph (2) there is added - 

    " (3) "Relevant Primary Care Trust" in paragraph (1) means a Primary Care Trust nominated for the purposes of paragraph (1) by the relevant Strategic Health Authority from Primary Care Trusts within its locality and "relevant Strategic Health Authority" in this paragraph means the Strategic Health Authority established under section 8 of the National Health Service Act 1977 that, on 1st October 2002 has the same locality as the Health Authority.".

(a) before (i), there is inserted - 


" (zi) a Strategic Health Authority established under section 8 of the National Health Service Act 1977;";



(b) in (ii), "or" is omitted; and

(c) before (iii), there is inserted - 



" (iia) a Primary Care Trust established under section 16A of the National Health Service Act 1977; or".


National Health Service Bodies and Local Authorities Partnership Arrangements Regulations 2000

     89. In regulation 3 of the National Health Service Bodies and Local Authorities Partnership Arrangements Regulations 2000 (prescribed NHS bodies and local authorities)[127], in paragraph (1), sub-paragraph (a) is omitted.

(a) before the definition of "personal medical services", there is inserted - 

" "relevant Primary Care Trust" means, in relation to a service provider, the Primary Care Trust in whose area that person provides services;";

(b) for the definition of "relevant Health Authority" there is substituted - 

" "relevant Strategic Health Authority" means, in relation to a Primary Care Trust - 
(a) where the area for which the Primary Care Trust is established falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or

(b) where the area for which the Primary Care Trust is established falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities;"; and



(c) the definition of "relevant service provider" is omitted.

    (3) In regulation 2 (additional functions) - 

(a) in paragraph (a), before "Health Authorities" there is inserted "Strategic Health Authorities,";

(b) paragraph (b) is omitted;

(c) in paragraph (c), before "Health Authorities" there is inserted "Strategic Health Authorities,"; and

(d) paragraph (d) is omitted.

    (4) In regulation 12 (notice of investigation) - 

(a) in paragraph (b), "and" is omitted at the end; and

(b) for paragraph (c) there is substituted - 


" (c) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(d) in the case of an investigation concerning a service provider, the relevant Primary Care Trust, and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.".

    (5) In regulation 14 (investigation reports) - 

(a) in paragraph (1) - 


(i) in sub-paragraph (a), "and" is omitted at the end, and

(ii) for sub-paragraph (b) there is substituted - 


" (b) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(c) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.";



(b) in paragraph (2) - 



(i) in sub-paragraph (b), "and" is omitted at the end, and

(ii) for sub-paragraph (c) there is substituted - 


" (c) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(d) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority."; and



(c) in paragraph (3) - 



(i) in sub-paragraph (a), "and" is omitted at the end, and

(ii) for sub-paragraph (b) there is substituted - 


" (b) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(c) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.".

    (6) In regulation 15 (special interest reports) - 

(a) in paragraph (2), for paragraph (c) there is substituted - 


" (c) in a case where a Primary Care Trust is the subject of an investigation, the relevant Strategic Health Authority; and

(d) in a case where a service provider is the subject of an investigation, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority."; and



(b) in paragraph (3), for paragraph (c) there is substituted - 



" (c) in a case to which paragraph (2)(c) applies, the relevant Strategic Health Authority;

(ca) in a case to which paragraph (2)(d) applies, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority; and".


Water Supply (Water Quality) Regulations 2000

     91.  - (1) The Water Supply (Water Quality) Regulations 2000[129] are amended as follows.

    (2) In regulation 2 (interpretation), in paragraph (1) - 

(a) in the definition of ""appropriate local authority" and "appropriate health authority"" - 


(i) for "and appropriate health authority" there is substituted ", "appropriate Strategic Health Authority" and "appropriate Primary Care Trust""; and

(ii) for "and the health authority" there is substituted ", Strategic Health Authority and Primary Care Trust"; and



(b) the definition of "health authority" is omitted.

    (3) In regulation 20 (authorisation of temporary supply of water that is not wholesome) - 

(a) in paragraph (4)(b) for "health authority" there is substituted "Strategic Health Authority";

(b) in paragraph (4)(b) "and" is omitted; and

(c) before paragraph (4)(c) there is inserted - 


" (ba) every appropriate Primary Care Trust; and".

    (4) In regulation 24 (revocation and modification of authorisations) - 

(a) in paragraph (2)(c) for "health authority" there is substituted "Strategic Health Authority";

(b) in paragraph (2)(c) "and" is omitted; and

(c) before paragraph (2)(d) there is inserted - 


" (ca) the appropriate Primary Care Trust; and".

    (5) In regulation 35 (provision of information), in paragraph (8) - 

(a) for "or a health authority" there is substituted ", a Strategic Health Authority, or a Primary Care Trust"; and

(b) after "notify each such authority" there is inserted "or Trust".

Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001

     92. In Schedule 3 to the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 (health sector bodies)[130], in paragraph 1, before sub-paragraph (a), there is inserted - 

" (za) a Strategic Health Authority established by order under section 8 of the National Health Service Act 1977;".


National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001

     93. In regulation 2 of the National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001 (prescribed function of Health Authorities)[131], in paragraph (1), for "Health Authorities and each such Authority" there is substituted "Primary Care Trusts and each such Trust".

" "health authority" means - 
(a) in relation to England, a Primary Care Trust established under section 16A of the National Health Service Act 1977;

(b) in relation to Wales, a Health Authority established under section 8 of that Act; and

(c) in relation to Scotland, a Health Board established under section 2 of the National Health Service (Scotland) Act 1978.".


Education (Special Educational Needs) (England) (Consolidation) Regulations 2001

     96. In regulation 2 of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (interpretation)[134], in paragraph (1), the definition of "health authority" is omitted.

" A Strategic Health Authority established under section 8 of the National Health Service Act 1977.".

(a) in paragraph (3), after "Health Authority", there is inserted "or, in a pharmacist case, the Primary Care Trust"; and

(b) in paragraph (4)(a), after "Health Authority", there is inserted "or, in a pharmacist case, the Primary Care Trust"[137].

Family Health Services Appeal Authority (Procedure) Rules 2001

     99. In rule 2 of the Family Health Services Appeal Authority (Procedure) Rules 2001 (interpretation)[138], in paragraph (2)(c), after "that Authority" there is inserted "or Trust".

" (a) that Act - 


(i) to the UKCC or to a National Board were to the Council, and

(ii) to local supervising authorities were, in relation to England, to a Strategic Health Authority established under section 8 of the National Health Service Act 1977 and, in relation to Wales, to a Health Authority established under section 8 of that Act; and

(b) that subordinate legislation to health authority were, in relation to England, to a Strategic Health Authority established under section 8 of the National Health Service Act 1977 and, in relation to Wales, to a Health Authority established under section 8 of that Act".

    (3) In Schedule 4 (interpretation), in the definition of "local supervising authority", for paragraph (a) there is substituted - 

" (a) in England, Strategic Health Authorities established under section 8 of the National Health Service Act 1977;

(aa) in Wales, Health Authorities established under section 8 of that Act;".


Financing of Maintained Schools (England) Regulations 2002

     101. In Schedule 1 to the Financing of Maintained Schools (England) Regulations 2002 (classes or descriptions of planned expenditure which may be deducted from the local schools budget of a local education authority)[140], in paragraph 16, "with a Health Authority, Primary Care Trust or NHS Trust" is omitted.