National Health Service Reform and Health Care Professions Act 2002

Section 4(3)

SCHEDULE 3 E+W Amendments relating to Personal Medical Services and Personal Dental Services

Part 1 E+W Amendments of the National Health Service (Primary Care) Act 1997

1 The National Health Service (Primary Care) Act 1997 is amended as follows. E+W

2 (1) Section 1 (pilot schemes) is amended as provided in this paragraph. E+W

(2) In subsection (6), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or a ”.

(3) In subsection (8), for paragraph (a) of the definition of “authority” there is substituted—

“(a) in relation to England, a Strategic Health Authority;

(aa) in relation to Wales, a Health Authority; and”.

3 (1) Section 8ZA (lists of persons who may perform personal medical services or personal dental services) is amended as provided in this paragraph. E+W

(2) In subsection (1), after “publication” there is inserted “ by each Primary Care Trust and ”.

(3) In subsection (3)—

(a) in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(b) in paragraph (j), after “of” there is inserted “ Primary Care Trusts and ”.

(4) In subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “ Primary Care Trust or ”.

(5) In subsection (8)—

(a) before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”, and

(b) in paragraph (c), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.

(6) In subsection (9)—

(a) before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(b) for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.

(7) In subsection (10), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.

4 In section 8A (delegation of Health Authority functions relating to pilot schemes)— E+W

(a) for subsection (1) there is substituted—

“(1) A Strategic Health Authority may not, under section 17A of the 1977 Act, direct a Primary Care Trust to exercise any functions of the Strategic Health Authority arising under a pilot scheme if the Primary Care Trust is providing any services under the pilot scheme.”,

and

(b) in subsection (2), for “Health Authorities”, in both places, there is substituted “ Strategic Health Authorities ”.

5 In section 12 (leaving medical lists), in subsection (2)— E+W

(a) for “an authority” there is substituted “ a Primary Care Trust, Health Authority or Health Board ”, and

(b) for “by them or by any other authority” there is substituted “ by any authority ”.

6 (1) Section 13 (preferential treatment on transferring to medical lists) is amended as provided in this paragraph. E+W

(2) In subsection (1), for “the authority’s medical list” there is substituted “ the medical list of the relevant body ”.

(3) After subsection (1) there is inserted—

“(1A) For the purposes of this section—

(a) where the authority concerned is a Health Authority or a Health Board, the relevant body is that Authority or Board;

(b) where the authority concerned is a Strategic Health Authority, the relevant body is the Primary Care Trust designated in relation to the pilot scheme by the Secretary of State.”

(4) In subsection (6), for “authority” there is substituted “ relevant body ”.

7 (1) Section 21(1) (which inserts new sections 28C and 28D into the 1977 Act) is amended as provided in this paragraph. E+W

(2) In the new section 28C (personal medical or dental services)—

(a) in subsection (1), before “Health Authority” there is inserted “ Strategic Health Authority or a ”,

(b) in subsection (3), in each of paragraphs (a) and (b), after “by the” there is inserted “ Primary Care Trust or ”, and

(c) in subsection (6), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or a ”.

(3) In the new section 28D (persons with whom section 28C agreements may be made), in subsection (1), before “Health Authority” there is inserted “ Strategic Health Authority or a ”.

8 In section 22(1) (which inserts a new section 28E into the 1977 Act), in that new section 28E (which provides for regulations as to personal medical or dental services)— E+W

(a) in subsection (2)(a), after “than” there is inserted “ Strategic Health Authorities and ”,

(b) in subsection (3)(k), after “authorise” there is inserted “ Strategic Health Authorities and ”,

(c) in subsection (7)(a), after “circumstances)” there is inserted “ Primary Care Trusts and ”, and

(d) in subsection (8)(a), before “Health Authority” (in both places) there is inserted “ Strategic Health Authority or ”.

9 In section 40 (interpretation), in subsection (2), at the end of the definition of “authority” there is inserted “ , except in Schedule 1 ”. E+W

10 (1) Schedule 1 (preferential treatment on transferring to medical lists) is amended as provided in this paragraph. E+W

(2) In paragraph 1(1), for “an authority’s medical list” there is substituted “ the medical list of a Primary Care Trust, a Health Authority or a Health Board (in this Schedule referred to as an “authority”) ”.

(3) In paragraph 9—

(a) after “Schedule” there is inserted “ , an “authority” means a Primary Care Trust, a Health Authority or a Health Board, and ”, and

(b) in paragraph (a), for “a Health Authority’s medical list” there is substituted “ the medical list of a Primary Care Trust or of a Health Authority ”.

Part 2 E+W Amendments of other Acts

The 1977 Act E+W

11 In section 15 of the 1977 Act (duty of Health Authority in relation to family health services), in subsection (1ZA), after “duty of” there is inserted “ each Strategic Health Authority and ”.

The National Health Service (Scotland) Act 1978 (c. 29) E+W

12 In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)—

(a) in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or by a ”, and

(b) in subsection (6), for the definition of “Health Authority” there is substituted—

““Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) E+W

13 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.

The 1999 Act E+W

14 In section 6(2) of the 1999 Act (which inserts a new section 28EE into the 1977 Act), in that new section 28EE—

(a) subsection (1) is omitted, and

(b) in subsection (2), for “Health Authorities”, in both places, there is substituted “ Strategic Health Authorities ”.

The Health and Social Care Act 2001 (c. 15) E+W

15 The Health and Social Care Act 2001 is amended as follows.

16 (1) Section 26(1) (which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph. E+W

(2) In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)—

(a) in subsection (1), after “publication” there is inserted “ by each Primary Care Trust and ”,

(b) in subsection (3)—

(i) in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii) in paragraph (j), after “of” there is inserted “ Primary Care Trusts and ”,

(c) in subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “ Primary Care Trust or ”,

(d) in subsection (8)—

(i) before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”, and

(ii) in paragraph (c), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”,

(e) in subsection (9)—

(i) before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii) for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”, and

(f) in subsection (10), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.

17 In Schedule 1 (exempt information relating to health services), in paragraph 11, after “request to a” there is inserted “ Strategic Health Authority or ”. E+W