The Community Health Partnerships (Scotland) Amendment Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Community Health Partnerships (Scotland) Amendment Regulations 2010 and come into force on 28th January 2011.

Amendment of the Community Health Partnerships (Scotland) Regulations 2004

2.—(1) The Community Health Partnerships (Scotland) Regulations 2004(1) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) for the definition of “the 1977 Act” substitute—

““the 2006 Act” means the National Health Service Act 2006(2);

“the 2006 (Wales) Act” means the National Health Service (Wales) Act 2006(3);”; and

(b) in the definition of “health service body” for “or the Common Services Agency constituted under section 10(1) of the Act” substitute “, the Common Services Agency constituted under section 10(1) of the Act or Healthcare Improvement Scotland established under section 10A(1) of the Act(4)”.

(3) In regulation 3(1) (membership) for sub-paragraphs (c) to (e) substitute—

“(c) a person registered as a pharmacist in Part 1 of the register maintained under article 19 of the Pharmacy Order 2010(5) whose name is included in, or who is fully or substantially employed by a person or body whose name is included in, a pharmaceutical list prepared by a Board in accordance with regulation 5(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009(6);

(d) a person registered in the principal list of the dentists register maintained under section 14 of the Dentists Act 1984(7) who is either included in sub-part A of the first part of the dental list prepared by a Board in accordance with regulation 4(1) of the National Health Service (General Dental Services) (Scotland) Regulations 2010(8) or is performing services by virtue of section 39 of the Act;

(e) a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989(9) whose name is included in the first part of the ophthalmic list prepared by a Board in accordance with regulation 6(1) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(10);”.

(4) In regulation 7(2) (disqualification)—

(a) in sub-paragraph (e) for “section 29” substitute “section 29B(11)”;

(b) for sub-paragraph (g) substitute—

“(g) a person who has had their name removed from any list prepared under—

(i) Parts 4 to 6 of the 2006 Act by a Primary Care Trust under regulation 10(3) of the National Health Service (Performers Lists) Regulations 2004(12);

(ii) Part 7 of the 2006 Act by virtue of section 151 (except sub-section (5)) of that Act;

(iii) Part 4 or 5 of the 2006 (Wales) Act by a Local Health Board under regulation 10(3) of the National Health Service (Performers Lists) (Wales) Regulations 2004(13); or

(iv) Part 6 or 7 of the 2006 (Wales) Act by virtue of section 107 (except sub-section (5)) of that Act,

and has not subsequently had their name included in such a list;”;

(c) in sub-paragraph (h) for “Part I or Part II of the 1977 Act” substitute “Parts 4 to 7 of the 2006 Act or the 2006 (Wales) Act”; and

(d) in sub-paragraph (j) for “or by the Charity Commissioner” substitute “, the Charity Commission for England and Wales or by the Charity Commissioners for England and Wales”.

(5) In paragraph 3(1) to the Schedule for “these” substitute “there”.

NICOLA STURGEON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

25th November 2010