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The Health Protection (Vaccination) Regulations 2009

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Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Vaccination) Regulations 2009 and shall come in to force on 1st April 2009.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“JCVI” means the Joint Committee on Vaccination and Immunisation(1);

“national vaccination programme” means a scheme which aims to vaccinate all individuals in England who meet specified criteria to protect them against a particular infection or infections, with a view to preventing the occurrence of that infection or those infections;

“Primary Care Trust” means a Primary Care Trust continued in existence by subsection (1) of section 18 of the National Health Service Act 2006(2) or established under subsection (2) of that section; and

“vaccination” means vaccination or immunisation and vaccinate shall be construed accordingly.

Obligation on the Secretary of State to ensure implementation of JCVI recommendations

2.—(1) This regulation applies where the JCVI makes a recommendation which meets the conditions set out in paragraph (2).

(2) Those conditions are that the recommendation must—

(a)relate to new provision for vaccination under a national vaccination programme or to changes to existing provision under such a programme;

(b)be made by the JCVI (and not therefore a sub-committee of the JCVI);

(c)be in response to a question referred to the JCVI by the Secretary of State;

(d)be based on an assessment which demonstrates cost-effectiveness; and

(e)not relate to vaccination in respect of travel or occupational health.

(3) The Secretary of State must make arrangements to ensure, so far as is reasonably practicable, that the recommendation of the JCVI is implemented.

(4) Paragraph (3) ceases to apply in relation to a recommendation where the JCVI withdraws that recommendation.

Signed by authority of the Secretary of State for Health.

Dawn Primarolo

Minister of State,

Department of Health

15th January 2009

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