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The Community Health Partnerships (Scotland) Amendment Regulations 2010

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Amendment of the Community Health Partnerships (Scotland) Regulations 2004

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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”.

(4)

Section 10A(1) of the 1978 Act will be inserted upon the commencement of section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

(6)

S.S.I. 2009/183; to which there are amendments not relevant to these Regulations.

(7)

1984 c.24; section 14 was amended by S.I. 2005/2011 and 2007/3101.

(8)

S.S.I. 2010/208; to which there are amendments not relevant to these Regulations.

(9)

1989 c.44; section 7 was amended by S.I. 2005/848.

(10)

S.S.I. 2006/135; which was relevantly amended by S.S.I. 2007/193.

(11)

Section 29B of the 1978 Act was inserted by the Health Act 1999, section 58(1) and was amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 26(4) and schedule 3, paragraph 1.

(12)

S.I. 2004/585; to which there are amendments not relevant to these Regulations.

(13)

S.I. 2004/1020; to which there are amendments not relevant to these Regulations.

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