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

Local representative committees

5.—(1) Anything done before the relevant date by or in relation to any Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee which was, immediately before the relevant date, recognised by the Health Authority pursuant to section 44 of the Act, shall—

(a) where that thing has been done in connection with a practitioner, be treated as having been done by or in relation to the corresponding committee recognised by the appropriate Primary Care Trust on whose corresponding list that practitioner’s name is included or to which an application is, by virtue of paragraph 4(1)(a), treated as having been made; and

(b) in any other case, be treated as having been done by or in relation to any corresponding committee which is recognised by any Primary Care Trust whose locality is included in the locality of that Health Authority.

(2) A local representative committee recognised by a Health Authority, may exercise any functions given to it under—

(a) the National Health Service (Service Committees and Tribunals) Regulations 1992(1);

(b) the National Health Service (General Dental Services) Regulations 1992(2);

(c) the National Health Service (General Medical Services) Regulations 1992(3);

(d) the National Health Service (General Ophthalmic Services) Regulations 1986(4);

(e) the National Health Service (Pharmaceutical Services) Regulations 1992(5);

(f) the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997(6); or

(g) the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999(7),

in relation to any matter which was referred to it, or initiated by it, before the relevant date, as if it were a committee recognised by a Primary Care Trust, and in determining to whom it should address its decision on any matter, sub-paragraph (3) shall apply.

(3) Where this paragraph applies, the local representative committee shall determine the Primary Care Trust or Trusts to whom its decision should be addressed save that that Trust or those Trusts must be situated within the locality of the Health Authority which recognised it immediately before the relevant date.

(4) In this paragraph—

“corresponding committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee (as the case may be); and

“practitioner” means a person providing, or seeking to provide services under Part II of the Act or in accordance with arrangements made under section 28C of the Act.

(1)

S.I. 1992/664.

(2)

S.I. 1992/661.

(3)

S.I. 1992/635.

(4)

S.I. 1986/975.

(5)

S.I. 1992/662.

(6)

S.I. 1997/2289.

(7)

S.I. 1999/2337.