The National Health Service (Fund-holding Practices) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Fund-holding Practices) Regulations 1996 (“the principal Regulations”), which contain provisions relating to the recognition and operation of fund-holding practices.

Regulation 5 amends regulation 5 of the principal Regulations (grant of recognition as a fund-holding practice) to provide for the recognition of a new kind of fund-holding practice (the two existing kinds are a standard fund-holding practice and a community fund-holding practice): a GP commissioning group. Such a practice will not be able to spend its allotted sum on the purchase of goods and services for its patients (regulation 11). Regulations 2, 4, 6, 8, 10, 12 and 13 make drafting amendments to the principal Regulations which are consequential on this change.

Regulation 7 amends regulation 9 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) to provide that GP commissioning groups are not subject to the requirement for the transfer of savings to the Health Authority where a member of a fund-holding practice withdraws in certain circumstances.

Regulation 14 amends regulation 25 of the principal Regulations (savings from the allotted sum) to provide that members of a fund-holding practice (of any kind) may return savings to the relevant Health Authority. Members of a GP commissioning group are also able to spend savings on the training of employees of members of the practice (which members of a standard and community fund-holding practice may do by virtue of regulation 22 of the principal Regulations).

Regulation 8 amends regulation 10 of the principal Regulations (application for change in status of recognised fund-holding practice) to provide that the date by which most applications for change in status must be made is 31st July (instead of 1st July).

Regulation 11 amends regulation 20 of the principal Regulations (purchase of goods and services) to provide that the relevant Health Authority, rather than a fund-holding practice, shall be responsible for services to a patient who self-refers to a hospital or is referred by a doctor who is not a member of the fund-holding practice. It also contains a provision that abolishes the requirement that fund-holding practices should purchase an amount of district nursing and health visiting services which is at least equal to the amount of such services that the Secretary of State had determined was expected to be purchased.

Regulations 16 and 17 amend Schedules 1 and 2 to the principal Regulations (conditions for obtaining and continuing recognition as a fund-holding practice) to provide for the abolition of the requirement that community fund-holding practices should have at least 3,000 patients. Regulations 3 and 4 make drafting amendments consequential on this change.

Regulations 7, 9, 11, 13 and 15 make minor drafting improvements to the principal Regulations, including the correction of typographical errors.