The National Health Service (Pilot Schemes—Health Service Bodies) Regulations 1997

Ceasing to be a pilot scheme health service body

3.—(1) Subject to paragraphs (3) and (4), a pilot scheme health service body shall cease to be such a body if all the members of the pilot scheme health service body withdraw from the relevant pilot scheme before it has been implemented.

(2) Subject to paragraphs (3) and (4), where the relevant pilot scheme has been implemented, a pilot scheme health service body shall cease to be such a body if—

(a) the relevant pilot scheme comes to an end (in circumstances other than those specified in sub-paragraph (b));

(b) the Secretary of State gives directions under section 8(4) of the 1997 Act relating to the relevant pilot scheme; or

(c) all the members of the pilot scheme health service body agree in writing that that body is to cease to be such a body on a specified date, and they give notice in writing of their decision to the Secretary of State and the relevant authority.

(3) The date on which a pilot scheme health service body ceases to be such a body is—

(a) in a case falling within paragraph (1), the date on which the last member of the pilot scheme health service body withdraws from the relevant pilot scheme;

(b) in a case falling within paragraph (2)(a), the date on which the relevant pilot scheme comes to an end;

(c) in a case falling within paragraph (2)(b), the date on which the directions are given; and

(d) in a case falling within paragraph (2)(c), the date specified by the members of the pilot scheme health service body.

(4) Where a pilot scheme health service body ceases to be such a body under this regulation, it ceases to be such a body for all purposes except that of being a party to an NHS contract entered into on a date before that on which the pilot scheme health service body ceases to be such a body (for which purpose it ceases to be such a body on the determination of that NHS contract).

(5) Where, by virtue of paragraph (4), a pilot scheme health service body remains such a body for the purpose of being a party to an NHS contract—

(a) if (on the date the pilot scheme health service body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has been implemented, that body is to be treated as consisting of those who provided piloted services under that scheme on the date on which that body ceased (for all other purposes) to be a health service body, and

(b) if (on the date the pilot scheme health service body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has not been implemented, that body is to be treated as consisting of those who proposed to provide piloted services under that scheme on the date on which that NHS contract was entered into.

(6) In this regulation, “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990(1) and section 17A(3) of the National Health Service (Scotland) Act 1978(2).

(1)

1990 c. 19 (“the 1990 Act”). Section 4 was amended by paragraph 68 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”).

(2)

1978 c. 29. Section 17A was inserted by section 30 of the 1990 Act, and amended by paragraph 102(2) of Schedule 1 to the 1995 Act.