The Middlesbrough Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006

Statutory Instruments

2006 No. 2539

NATIONAL HEALTH SERVICE, ENGLAnD

The Middlesbrough Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006

Made

20th September 2006

Coming into force

1st October 2006

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 16A(1), (2) and (3) and section 126(3) and (4) of the National Health Service Act 1977(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Middlesbrough Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006 and shall come into force on 1st October 2006.

(2) In this Order “Amendment Order” means the Middlesbrough Primary Care Trust (Establishment) Amendment Order 2006(2).

Amendment of the Amendment Order

2.—(1) For article 1(2) of the Amendment Order, there is substituted—

“(2) In this Order—

“2006 Establishment Order” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006(3);

“Act” means the National Health Service Act 1977;

“assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations;

“dispensing doctor list” means a list maintained by a Primary Care Trust pursuant to section 43 of the Act(4) (persons authorised to provide pharmaceutical services);

“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004(5);

“Langbaurgh PCT” means the Langbaurgh Primary Care Trust which is dissolved on 1st October 2006 by the 2006 Establishment Order;

“list” means a dispensing doctor list, an ophthalmic list, an ophthalmic supplementary list, a performers list or a pharmaceutical list;

“ongoing matter” has the meaning given in article 9;

“ophthalmic list” means a list maintained by a Primary Care Trust pursuant to section 39 of the Act(6) (regulations as to section 38);

“ophthalmic supplementary list” means a list maintained by a Primary Care Trust pursuant to section 43D of the Act(7) (supplementary lists);

“performers list” means a list maintained by a Primary Care Trust pursuant to section 28X of the Act(8) (persons performing primary medical and primary dental services);

“pharmaceutical list” means a list maintained by a Primary Care Trust pursuant to section 42 of the Act(9) (regulations as to pharmaceutical services);

“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004(10);

“practitioner” means a person whose name is included in a list;

“Principal Order” means the Middlesbrough Primary Care Trust (Establishment) Order 2002(11);

“relevant area” means, in the county of Redcar and Cleveland, the wards of Eston, Grangetown, Normanby, Ormesby, South Bank and Teesville, being part of the area for which the trust was established immediately before this Order comes into force;

“trust” means the Middlesbrough Primary Care Trust which was established by the Principal Order; and

“transferee” means the Redcar and Cleveland Primary Care Trust, which is established on 1st October 2006 by the 2006 Establishment Order.”.

(2) After article 2 of the Amendment Order, there is inserted—

“Provision for continuity in the exercise of functions

3.— (1) Anything done before 1st October 2006 by or in relation to the trust in respect of the relevant area shall be treated on and after that date as if done by or in relation to the transferee.

(2) The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.

(3) Any instrument made by the trust in respect of the relevant area continues in force in relation to the transferee in accordance with its terms until it is varied or revoked by the transferee.

(4) Any form supplied by the trust in respect of the relevant area continues to be a valid form in relation to the transferee until it is cancelled or withdrawn by the transferee, as if any reference contained in that form to the trust were a reference to the transferee.

(5) So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it is in respect of the relevant area, be treated on and after 1st October 2006 as a reference to the transferee.

(6) If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of the relevant area or not, the trust and the transferee shall resolve the doubt between themselves.

(7) If the trust and the transferee are unable to resolve the doubt referred to in paragraph (6), the North East Strategic Health Authority shall resolve it.

(8) This article is subject to articles 4 to 11.

Allocation of practitioners to lists – performers lists

4.— (1) Paragraph (3) applies to a practitioner—

(a) whose name was included in the trust’s performers list immediately before 1st October 2006;

(b) who is party to a contract for the provision of primary medical services or primary dental services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act(12) (Transfer of property); and

(c) who is not, following that transfer, party to a contract with the trust for the provision of primary medical services or primary dental services.

(2) Paragraph (3) applies to a practitioner—

(a) whose name was included in the trust’s performers list immediately before 1st October 2006;

(b) to whom paragraph (1) does not apply;

(c) in relation to whom there is not an ongoing matter; and

(d) who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s performers list.

(3) Where this paragraph applies, the practitioner’s name shall be removed from the trust’s performers list and included in the transferee’s performers list.

(4) Article 8 applies to a practitioner—

(a) whose name was included in the trust’s performers list immediately before 1st October 2006; and

(b) to whom neither paragraph (1) nor paragraph (2) applies.

Allocation of practitioners to lists – ophthalmic, pharmaceutical and dispensing doctor lists

5.— (1) Paragraph (3) applies to a practitioner whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006—

(a) who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in the relevant area; or

(b) in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in the relevant area.

(2) Paragraph (3) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 2005(13) in relation to premises in the relevant area.

(3) Where this paragraph applies, the practitioner’s name shall be—

(a) included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or

(b) if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.

(4) Where paragraph (3) applies in relation to a practitioner whose name is included in an ophthalmic list, if the practitioner does not provide general ophthalmic services from, or does not regularly provide mobile ophthalmic services at, premises in the county of Middlesbrough, his name shall be removed from the trust’s ophthalmic list.

(5) Where paragraph (3) applies in relation to a practitioner whose name is included in a pharmaceutical list, if the practitioner does not provide general pharmaceutical services from premises in the county of Middlesbrough, his name shall be removed from the trust’s pharmaceutical list.

(6) Where paragraph (3) applies in relation to a practitioner whose name is included in a dispensing doctor list, if the practitioner does not have premises approval as described in paragraph (2) in relation to premises in the county of Middlesbrough, his name shall be removed from the trust’s dispensing doctor list.

Allocation of practitioners to lists – ophthalmic supplementary lists

6.— (1) Paragraph (2) applies to a practitioner—

(a) whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006;

(b) in relation to whom there is not an ongoing matter; and

(c) who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s ophthalmic supplementary list.

(2) Where this paragraph applies, the practitioner’s name shall be removed from the trust’s ophthalmic supplementary list and included in the transferee’s ophthalmic supplementary list.

(3) Article 8 applies to a practitioner whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006 to whom paragraph (1) does not apply.

Applications for inclusion in lists

7.— (1) Paragraph (2) applies in relation to an application to the trust for inclusion in a performers list which—

(a) was made before 1st October 2006;

(b) was made by a person who is, or will be, party to a contract for the provision of primary medical services or primary dental services; and

(c) has not been finally determined by the trust by that date.

(2) The application shall be determined by whichever of the trust and the transferee is, or is to be, party to the contract for primary medical services or primary dental services.

(3) In relation to an application made to the trust before 1st October 2006 by a person for inclusion of that person in an ophthalmic list, a pharmaceutical list or a dispensing doctor list which has not been finally determined by the trust by that date, the application shall be determined by—

(a) the transferee if the premises to which the application relates are in the relevant area; or

(b) the trust if those premises are in the county of Middlesbrough.

(4) In relation to an application made before 1st October 2006 by a person for inclusion of that person in a list to which neither paragraph (1) nor paragraph (3) applies, the application shall be determined by the trust.

Allocation to lists by the transferee and the trust

8.— (1) Where this article applies, the trust and the transferee shall agree between themselves, after considering any representations from the practitioner, as to which of their lists shall include the practitioner’s name.

(2) If the trust and the transferee are unable to agree in accordance with paragraph (1), the North East Strategic Health Authority shall determine the matter.

Matters consequential on allocation to lists

9.— (1) In this Order, “ongoing matter” means any matter, question or proceeding in respect of a practitioner in relation to his inclusion in a list under—

(a) the National Health Service (General Ophthalmic Services) Regulations 1986(14);

(b) the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005(15);

(c) the National Health Service (Performers Lists) Regulations 2004(16);

(d) the National Health Service (Pharmaceutical Services) Regulations 2005; or

(e) the National Health Service (Service Committees and Tribunal) Regulations 1992(17);

which has not been finally determined or dealt with by the trust before 1st October 2006.

(2) The definition of “ongoing matter” in paragraph (1) does not include—

(a) any matters dealt with by article 10 or 11; and

(b) functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the National Health Service (Pharmaceutical Services) Regulations 2005.

(3) In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 4 to 6 or 8, in a list maintained by the transferee—

(a) the transferee shall be responsible for dealing with or determining the matter;

(b) any acts done by the trust in relation to that matter before 1st October 2006 shall, on and after that date, be deemed to have been done by the transferee; and

(c) any decision or determination binding on the trust that relates to an ongoing matter shall be binding on the transferee.

(4) If—

(a) a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and

(b) the practitioner’s name is included, by virtue of articles 4 to 6 or 8, in a list maintained by the transferee;

that condition, contingent removal or suspension shall apply to the transferee’s list in which the practitioner’s name is included.

Referrals to discipline committees under the Service Committees and Tribunal Regulations

10.— (1) Paragraph (2) applies where—

(a) before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (referral to investigating discipline committee) to Langbaurgh PCT for investigation by a discipline committee appointed by Langbaurgh PCT;

(b) the investigation of the matter has not been finally completed before the operational date;

(c) the matter concerns a practitioner who, by virtue of article 5, will be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list; and

(d) by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed by the transferee.

(2) Where this paragraph applies, the transferee and the discipline committee investigating the matter shall take no further steps in the investigation of it and the transferee shall transfer the investigation to another Primary Care Trust (“A”) which—

(a) is not the trust;

(b) has not appointed any discipline committee jointly with the transferee; and

(c) is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.

(3) Where the investigation of a matter is transferred as referred to in paragraph (2)—

(a) the investigation shall be continued by a discipline committee appointed by A;

(b) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the discipline committee appointed by A; and

(c) anything done in relation to the investigation of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to A.

(4) Paragraph (5) applies where—

(a) before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 to another Primary Care Trust (“B”) for investigation by a discipline committee appointed by B;

(b) the investigation of the matter has not been finally completed before the operational date;

(c) the matter concerns a practitioner who will, by virtue of article 5, be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list;

(d) the discipline committee appointed by B was appointed jointly by B and Langbaurgh PCT (whether or not together with another Primary Care Trust or Trusts); and

(e) by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed jointly by B and the transferee.

(5) Where this paragraph applies, B and the discipline committee investigating the matter shall take no further steps in the investigation of it and B shall transfer the investigation to another Primary Care Trust (“C”) which—

(a) is not the trust;

(b) has not appointed any discipline committee jointly with the transferee; and

(c) is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.

(6) Where the investigation of a matter is transferred as referred to in paragraph (5)—

(a) the investigation shall be continued by a discipline committee appointed by C;

(b) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by B shall be treated as having been done by or in relation to the discipline committee appointed by C; and

(c) anything done in relation to the investigation of that matter by or in relation to B shall be treated as having been done by or in relation to C.

Referral to an assessment panel appointed by Langbaurgh PCT

11.— (1) Paragraph (2) applies where—

(a) before 1st October 2006, Langbaurgh PCT has appointed an assessment panel to exercise any relevant functions pursuant to paragraph 31 (rejection of closure notice by the Primary Care Trust) or 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations 2004, or pursuant to paragraph 30 (rejection of closure notice) or 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations 2004;

(b) the assessment panel has been appointed in relation to a person providing primary medical services pursuant to a contract for the provision of such services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act(18);

(c) the assessment panel has not finally determined the matter before 1st October 2006; and

(d) by virtue of article 18 of the 2006 Establishment Order, the transferee is treated as having appointed the assessment panel.

(2) Where this paragraph applies, the transferee and the assessment panel determining the matter shall take no further steps in the determination of it and the transferee shall transfer the matter to the assessment panel of another Primary Care Trust other than the trust (“D”).

(3) Where the determination of a matter is transferred as referred to in paragraph (2)—

(a) the matter shall be determined by an assessment panel appointed by D;

(b) anything done in relation to the determination of the matter by or in relation to the assessment panel appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the assessment panel appointed by D; and

(c) anything done in relation to the determination of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to D.”.

Signed by authority of the Secretary of State for Health

Norman Warner

Minister of State

Department of Health

20th September 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order contains amendments to the Middlesbrough Primary Care Trust (Establishment) Amendment Order 2006 (S.I. 2006/2074). S.I. 2006/2074 reduces the area of the Middlesbrough Primary Care Trust (“the trust”) so that it covers the county of Middlesbrough with effect from 1st October 2006. The areas which will no longer covered by the trust (“relevant area”) are to be covered by the Redcar and Cleveland Primary Care Trust, which is to be established on 1st October 2006 by the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 (S.I. 2006/2072).

This Order inserts into S.I. 2006/2074 provisions which are consequential on the variation of the area of the trust, in connection with continuity of functions in relation to the relevant area, allocation of practitioners to lists, referrals to discipline committees and referrals to assessment panels.

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.

(1)

1977 c.49; section 16A was inserted by section 2(1) of the Health Act 1999 (c.8) (“the 1999 Act”) and amended by sections 2(1), (2) and (3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17) (“the 2002 Act”); section 126(3) was amended by section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c.46) and section 65(2) of the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”); section 126(4) was amended by section 65(2) of the 1990 Act, section 65(1) of, and paragraphs 4 and 37(1) and (6) of Schedule 4 to, the 1999 Act, section 67(1) of, and paragraphs 5(1) and (13)(b) of Schedule 5 to, the Health and Social Care Act 2001 (c.15), sections 6(3)(c) and 37(1) of, and paragraphs 1 and 10(a) of Schedule 8 to, the 2002 Act and sections 184 and 196 of, and paragraphs 7 and 38 of Schedule 11 and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (“the 2003 Act”).

(2)

S.I. 2006/2074.

(3)

S.I. 2006/2072.

(4)

Section 43 was amended by section 2(1) of, and paragraph 31 of Schedule 1 to, the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), section 2(5) of, and paragraphs 1 and 17 of Part 1 of Schedule 2 to, the 2002 Act, section 21 of the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 184 of, and paragraphs 7 and 19 of Schedule 11 to, the 2003 Act, sections 29(1) and 41(10) of, and paragraph 14 of Schedule 2 to, the 1997 Act, sections 20(1), (7) and 42(2) of the 2001 Act, section 66(1) of, and paragraph 18(2) of Schedule 9 to, the 1990 Act, and by section 1 of, and paragraph 6 of the Schedule to, the Pharmacists (Fitness to Practise) Act 1997 (c.19).

(5)

S.I. 2004/291, as amended by S.I. 2004/906, 2005/28, 2005/893, 2005/3315, 2005/3491 and 2006/1501.

(6)

Section 39 was amended by sections 20(1), (5), 23(1) and (4) of the 2001 Act, section 2(5) of, and paragraphs 1 and 12 of Part I of Schedule 2 to, the 2002 Act, section 9(4) of the 1999 Act, sections 1 and 2 of, and paragraph 52 of Part I of Schedule 1 to, the 1980 Act, sections 1 and 24 of, and Part I of Schedule 1 to, and Part I of Schedule 8 to, the Health and Social Security Act 1984 (c. 48), and by section 2(1) of, and paragraph 28 of Schedule 1 to, the 1995 Act.

(7)

Section 43D was inserted by section 24 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 20 of Part I of Schedule 2 to, the 2002 Act, and by sections 184 and 196 of, and paragraphs 7 and 20 of Schedule 11 to, and Part 4 of Schedule 14 to, the 2003 Act.

(8)

Section 28X was inserted by section 179(1) of the 2003 Act.

(9)

Section 42 was substituted by section 3(1) of the National Health Service (Amendment) Act 1986 (c.66) and amended by section 2(5) of, and paragraphs 1 and 16 of Part I of Schedule 2 to, the 2002 Act, section 2(1) of, and paragraphs 30(a)(i), (b)(i) and (iii), (c)(i), (iii) and (iv) of Schedule 1 to, the 1995 Act, sections 20(1), (6), 23(1), (5), 40(3), 43(2), (3), (4) and 67(2) of, and Part 1 of Schedule 6 to, the 2001 Act, article 4 of the Pharmaceutical Qualifications (EEC Recognition) Order S.I. 1987/2202, and by section 12(3) of the 1990 Act.

(10)

S.I. 2004/627, as amended by S.I. 2004/906, 2004/2694, 2005/28, 2005/893, 2005/3315, 2005/3491 and 2006/1501.

(11)

S.I. 2002/138, as amended by S.I. 2002/1405 and S.I. 2004/543.

(12)

Paragraph 21 of Schedule 5A was inserted by section 2(2) of, and Schedule 1 to, the 1999 Act and amended by section 1(3) of, and paragraphs 1, 35(1), (4) and (5) of Schedule 1 to, the 2002 Act.

(13)

S.I. 2005/641, as amended by S.I. 2005/1015, 2005/1501, 2005/3315, 2005/3491, 2006/552, 2006/562, 2006/913, 2006/1056 and 2006/1501.

(14)

S.I. 1986/975, as amended by S.I. 1996/705, 2001/3739, 2002/601, 2002/2469, 2004/85, 2005/480, 2005/1481 and 2005/3491.

(15)

S.I. 2005/480, as amended by S.I. 2005/502, 2005/1481, 2005/3491, 2006/635 and 2006/1550.

(16)

S.I. 2004/585, as amended by S.I. 2004/2649, 2005/502, 2005/893 and 2005/3491.

(17)

S.I. 1992/664; relevant amending instruments are S.I. 1996/703, 2002/2469, 2004/865.

(18)

Paragraph 21 of Schedule 5A was inserted by section 2(2) of, and Schedule 1 to, the Health Act 1999 (c. 8) and amended by section 1(3) of, and paragraphs 1, 35(1), (4) and (5) of Schedule 1 to, the National Health Service Reform and Health Care Professions Act 2002 (c.17).