The Commission for Health Improvement (Functions) Regulations 2000

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Commission for Health Improvement (Functions) Regulations 2000 and shall come into force on 1st April 2000.

(2) Subject to paragraph (3), these Regulations extend to England only.

(3) This regulation and regulation 2 extend also to Wales.

(4) In these Regulations—

“the Act” means the Health Act 1999;

“the 1977 Act” means the National Health Service Act 1977;

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(1);

“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales(2);

“clinical governance arrangements” means arrangements by an NHS body or a service provider for monitoring and improving the quality of health care(3) for which they have responsibility or, in the case of a Primary Care Trust, which is provided by the trust’s relevant service providers;

“the Commission” means the Commission for Health Improvement established by section 19 of the Act;

“financial year” means the period of 12 months ending with 31st March;

“health care profession” means a profession to which section 60(2) of the Act applies;

“health care professional” means a person who is registered as a member of a health care profession;

“health service inquiry” means an inquiry, held or established by the Secretary of State, the National Assembly for Wales or an NHS body, into any matter relating to the management, provision and quality of health care for which NHS bodies or service providers have responsibility.

“investigation” means an investigation by the Commission pursuant to section 20(1)(c) of the Act or regulation 2(e);

“local review” means a review conducted by the Commission under section 20(1)(b) of the Act or regulation 2(c) or (d);

“national service review” means a review by the Commission pursuant to section 20(1)(d) of the Act;

“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part II of the 1977 Act;

“personal medical services” has the meaning given in section 1(8) of the 1977 Act;

“relevant Health Authority” means—

(a)

in relation to a Primary Care Trust, the Health Authority in whose area the trust is established;

(b)

in relation to a service provider, the Health Authority in whose area that person provides services;

“relevant service provider” means, in relation to a Primary Care Trust, a service provider who provides—

(a)

general medical services under the 1977 Act; or

(b)

personal medical services in accordance with a pilot scheme under the 1997 Act,

under arrangements or an agreement with the Health Authority in whose area the trust is established, where the Authority has directed the trust under section 17A(1) of the 1977 Act(4) to exercise any functions in relation to those arrangements or that agreement;

“service provider” means a person, other than an NHS body, who—

(a)

provides Part II services, or

(b)

provides services in accordance with a pilot scheme under the 1997 Act(5).

(5) In these Regulations, references to health care for which a person has responsibility are to be construed in accordance with section 20(5) of the Act.

(1)

1997 c. 46.

(2)

The Audit Commission was continued in being by section 1 of the Audit Commission Act 1998 (c. 18).

(3)

See sections 18(4) and 20(7) of the 1999 Act for the definition of “health care”.

(4)

Section 17A was inserted by section 12 of the 1999 Act.

(5)

See section 1 of the Act for a definition of “pilot scheme”.