The Primary Care Trusts (Establishment and Dissolution) (England) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order abolishes on 1st October 2006 the Primary Care Trusts (“PCTs”) listed in column (1) of Schedule 2 to the Order (together with the dividing PCTs which are described below, these are referred to as “the old PCTs”). It establishes in their place, and for the areas described in column (2) of Schedule 1 to the Order, the new PCTs listed in column (1) of that Schedule (“the new PCTs”) (articles 3 and 4). It identifies a successor PCT for each of the old PCTs, defined in the Order as the “relevant new PCT” and for most of the old PCTs, these bodies are identified in Schedule 2.

In the case of six of the old PCTs, defined in the order as “dividing PCTs”, the areas for which they were established are splitting between two or more new PCTs. The relevant new PCT in relation to the dividing PCTs is determined in accordance with article 2 and Schedule 3. In relation to some of the dividing PCTs, the area for which they are established is described in their establishment orders by reference to wards which have been abolished. The parts of their areas in relation to which particular new PCTs are to be the relevant new PCT are described in Schedule 3 by reference to current wards and parishes where possible.

The Order provides for the accounts and the winding up of the affairs of the old PCTs (articles 5 and 6), and for the continuity of the exercise of functions between the old PCTs and the new PCTs (article 7).

Transitional provision is made in articles 8 to 14 concerning the lists of practitioners which PCTs are required to prepare and maintain. In most cases, a practitioner transfers on to the list of the relevant new PCT named in Schedule 2 (article 8). In the case of the dividing PCTs, the relevant new PCT for the purposes of practitioner lists is determined in accordance with articles 10 to 14. In some cases, described in articles 10 and 12, this is determined according to whether or not the practitioner has made a written election as to which new PCT’s list he wants to include his name by 31st August 2006.

Article 9 makes transitional provision in respect of matters which may be ongoing on 1st October 2006 in relation to the practitioner lists. It defines “ongoing matter” in article 9(1) and provides that the relevant new PCT must decide how to take these forward. There is transitional provision in articles 15 to 19 to deal with certain committees and panels appointed or recognised by the old PCTs. Local representative committees may continue to deal with matters referred to them before 1st October (article 15), as may reference committees (article 16).

Discipline committees appointed by the old PCTs may continue to deal with matters referred to them before 1st October 2006, unless one of the two scenarios described in article 17(2) to (7) arises. Article 17(2) to (7) provides for the fact that, if a PCT decides to respond to an allegation that a practitioner has failed to comply with his conditions of service by having the matter investigated by a discipline committee, regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I. 1992/664) requires the PCT to refer the matter to another PCT for investigation by that PCT’s discipline committee. The PCT to whom the matter is referred may not be a PCT with which the referring PCT has made a joint appointment of a discipline committee.

Similar provision to that in article 17(2) to (4) is made in article 19 in relation to assessment panels appointed by PCTs to determine disputes between PCTs and contractors concerning closure of patient lists. PCTs must refer such disputes to the assessment panel of a different PCT. Article 18 allows an assessment panel which is in the course of determining a matter at 1st October 2006 to continue with the determination (subject to the PCT ensuring that the composition of the committee remains compliant with the statutory requirements).

The Order also revokes the orders listed in Schedule 4 (article 20). These are the establishment orders of the old PCTs, and any amending instruments (unless an amending instrument still has effect in relation to PCTs which are not dissolved by this Order).

A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs of business, charities or voluntary bodies.