The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

Matters consequential on allocation to lists

4.—(1) Subject to any specific provision in Parts 2, 3, 4 or 5 of this Schedule, where a Health Authority has not, before the relevant date, finally determined or dealt with any—

(a) application by a person to be included in a list;

(b) vacancy;

(c) deferred decision; or

(d) other matter,

which was the responsibility of that Health Authority pursuant to sections 29, 29A, 29B, 36, 38, 39, 42, 43, 43ZA, 43D, 49F, 49I, 49L, 49M, 49N, 49O, 49P or 49Q of the Act(1), or pursuant to any regulations made under those provisions, sub-paragraph (2) shall apply.

(2) Where this sub-paragraph applies—

(a) if the Health Authority that has not finally dealt with or determined that matter is the Health Authority in whose old list the existing practitioner’s name is included, the appropriate Primary Care Trust or Trusts shall, on and after the relevant date, be responsible for dealing with or determining that matter; or

(b) if the Health Authority that has not finally dealt with or determined that matter is not a Health Authority in whose old list the practitioner’s name was included, the Primary Care Trust or Trusts who would have been the appropriate Primary Care Trust or Trusts if that practitioner’s name had been included in the old list of that Health Authority shall, on and after the relevant date, be responsible for dealing with or determining that matter,

save that where, pursuant to this sub-paragraph, there is more than one Primary Care Trust who is responsible for dealing with or determining the matter, those Primary Care Trusts shall agree amongst themselves which one or more of them should determine or deal with that matter but if those Trusts are unable to so agree, the relevant Strategic Health Authority shall determine which one or more of them shall be responsible for dealing with or determining the matter.

(3) Subject to any specific provision made in Parts 2, 3, 4 or 5 of this Schedule, where, pursuant to sub-paragraph (2), a Primary Care Trust is responsible for dealing with or determining a matter that falls within sub-paragraph (1)(a) to (d), any acts done by the Health Authority in relation to that matter before the due date shall, on and after the relevant date, be deemed to have been done by that Primary Care Trust.

(4) Subject to any specific provision made in Parts 2, 3, 4 or 5 of this Schedule, any matter, decision or determination binding upon a Health Authority that relates to a matter falling within sub-paragraph (1)(a) to (d), shall be equally binding upon the Primary Care Trust or Trusts that, pursuant to sub-paragraph (2), will, on and after the relevant date, be responsible for determining or dealing with that matter.

(1)

Section 43ZA was added by section 21 of the 2001 Act and sections 49F, 49I, 49L, 49M, 49N, 49O, 49P and 49Q were added by section 25 of that Act.