The Primary Care Trusts (Functions) (England) Amendment Regulations 2002
Citation, commencement, interpretation and extent1.
(1)
These Regulations may be cited as the Primary Care Trusts (Functions) (England) Amendment Regulations 2002 and shall come into force on 1st April 2002.
(2)
(3)
These Regulations apply in relation to Health Authorities and Primary Care Trusts established for areas in England only.
Amendment of regulation 2 of the principal Regulations2.
In Regulation 2(1) of the principal Regulations (interpretation) the definition of “population screening programme” shall be deleted.
Amendment of regulation 3 of the principal Regulations3.
(1)
Regulation 3 of the principal Regulations (functions to be exercised by Primary Care Trusts) shall be amended as follows.
(2)
Paragraph (6) shall be deleted.
(3)
“(7)
The function under section 5(2)(d) of the Act is to be exercisable by a Primary Care Trust only to the extent that it does not consist of establishing or funding research ethics committees.”.
Amendment of Regulation 4 of the principal Regulations4.
Paragraph (2) of Regulation 4 of the principal Regulations (functions not to be exercisable by Primary Care Trusts) shall be deleted.
Amendment of Schedule 3 to the principal Regulations5.
(1)
Schedule 3 to the principal Regulations (regulations conferring functions to be exercisable by Primary Care Trusts) shall be amended as follows.
(2)
Fully”.
(3)
Fully”.
Amendment of Schedule 4 to the principal Regulations6.
(1)
Schedule 4 to the principal Regulations (delegable functions which are not to be exercised by a Primary Care Trust) shall be amended as follows.
(2)
The following entries shall be deleted—
(a)
the entry relating to the Health and Safety at Work Act 1974;
(b)
the entry relating to section 28(1), (2), (5) and (6) of the Health Act 1999.
(3)
“Mental Health Act 1983– section 12(2)
Approving registered medical practitioners as having special experience in the diagnosis or treatment of mental disorder”.
Signed by authority of the Secretary of State
These Regulations amend the Primary Care Trusts (Functions) (England) Regulations (“the principal Regulations”), which make provision for functions of Health Authorities to be exercised by Primary Care Trusts and for certain restrictions on the exercise of those functions by Primary Care Trusts. The Regulations apply to Health Authorities and Primary Care Trusts in England.
The Regulations remove some of the existing restrictions on the delegation of functions by Health Authorities.
Regulation 3(2) removes the restriction in Regulation 3(6) of the principal Regulations preventing PCTs from exercising functions under the 1997 Act relating to pilot schemes made before the date on which the PCT was established except with the consent of those providing services under the scheme.
Regulation 3(3) removes the bar in Regulation 3(7) of the principal Regulations on PCTs providing emergency ambulance services, making arrangements for public health surveillance and protection, preparing plans for responding to major incidents, providing cancer registration services and preparing and implementing population screening programmes. The only restriction relates to the establishment and funding of research ethics committees.
Regulation 4 removes the bar in Regulation 4(2) of the principal Regulations on PCTs exercising certain delegable functions relating to General Medical Services.
Regulation 5 adds further regulations to the list in Schedule 3 of regulations conferring functions to be exercisable by PCTs.
Regulation 6 removes a number of functions from the list of delegable functions which are not to be exercised by a Primary Care Trust set out in Schedule 4 to the principal Regulations and amends the entry in that Schedule relating to the Mental Health Act.