The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
Citation and commencement1.
(1)
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 and shall come into force —
(a)
for the purposes of the provisions specified in paragraph (2) and article 3(16) and Schedule 16, on 5th July 2004; and
(b)
for all other purposes on 1st April 2004.
(2)
The provisions specified in this paragraph are the following paragraphs of Schedule 1 to the Order—
(a)
paragraphs 2, 6(3), 7(3)(iii), 8, 14, 19(3)(c), 23(3)(b), 27, 29, 33(3)(b), 36, 37(b), 39, 44(3);
(b)
paragraph 45(3) in so far as it adds sub-paragraph (j) to regulation 3(1) of the Counter Fraud and Security Management Service Regulations 2003(2); and
(c)
paragraphs 47(3)(a)(iv), 50(3)(b), 52(3), 53(3) and 54(3)(a).
Extent and application2.
The extent and application of any amendment made under article 3 is the same as that of the provision amended.
Supplementary and Consequential amendments3.
(1)
The enactments specified in Schedule 1 are amended as there specified.
(2)
In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, after “National Health Service Trust”, or as the case may be “National Health Service trust”, “NHS Trust” or “NHS trust”, in each place where it occurs unless otherwise specified in Schedule 2, there is inserted “or NHS foundation trust”.
(3)
In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust”, or “NHS trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, NHS foundation trust”.
(4)
In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust” or “NHS Trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, an NHS foundation trust”.
(5)
In the enactments specified in column 1 of Schedule 5, in the provisions specified in column 2, for “or NHS trust” in each place where it occurs there is substituted “, NHS trust or NHS foundation trust”.
(6)
In the enactments specified in column 1 of Schedule 6, in the provisions specified in column 2, in each place where it occurs for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”.
(7)
““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”.
(8)
““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
(9)
““or an NHS foundation trust” within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003.”
(10)
““health service body” means—
(a)
a body listed in section 4 of the National Health Service and Community Care Act 1990;
(b)
an NHS foundation trust;
(c)
the Independent Regulator of NHS Foundation Trusts;”.
(11)
““health service body” means—
(a)
a body listed in section 4 of the National Health Service and Community Care Act 1990;
(b)
an NHS foundation trust;”.
(12)
In the enactments specified in column 1 of Schedule 12, in the provisions specified in column 2, after “director” there is inserted “or governor,”.
(13)
In the enactments specified in column 1 of Schedule 13, in the provisions specified in column 2, for “a health service body” there is substituted “or, in the case of an NHS foundation trust the chairman, a governor or a non-executive director of, the health service body in question”.
(14)
In the enactments specified in column 1 of Schedule 14, in the provisions specified in column 2, for “a health service body” there is substituted, “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”.
(15)
In the enactments specified in column 1 of Schedule 15, in the provisions specified in column 2, after “directors of,” there is inserted, “or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of ” .
(16)
““Independent Regulator of NHS Foundation Trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003;”.
(17)
“(5)
In these Regulations, a reference to “NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.”.
Signed by authority of the Secretary of State for Health
SCHEDULE 1Amendments Supplementary and Consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003
Medicines (Pharmacy and General Sale – Exemption) Order 1980
1.
“(cc)
an NHS foundation trust;”
Mental Health Act Commission Regulations 1983
2.
Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986
3.
Housing (Right to Buy) (Prescribed Forms) Regulations 1986
4.
National Health Service (Charges to Overseas Visitors) Regulations 1989
5.
Regional and District Health Authorities (Membership and Procedure) Regulations 1990
6.
(1)
The Regional and District Health Authorities (Membership and Procedure) Regulations 19908 are amended as follows.
(2)
“and
- (a)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
“;or
(j)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
National Health Service Trusts (Membership and Procedure) Regulations 1990
7.
(1)
(2)
“(h)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
In regulation 11 (disqualification for appointment of chairman and non-executive directors)—
(a)
in paragraph (1)—
(i)
at the end of sub-paragraph (e) after “body” there is added “other than an NHS foundation trust” ;
(ii)
“(ee)
he is a chairman, director or employee of an NHS foundation trust; or” and
(iii)
“;or
(i)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”;
(b)
in paragraph (3) for “the health service body”, there is substituted “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”; and
(c)
in paragraph (4) after “(1)(e)” there is inserted “or (1)(ee)”.
United Kingdom Transplant Support Service Authority Regulations 1991
8.
Children (Secure Accommodation) Regulations 1991
9.
(a)
in paragraph (1)(a) after “1990” there is inserted “, NHS foundation trusts”;
(b)
in paragraph (2)(a) after “1990” there is inserted “, an NHS foundation trust”; and
(c)
in paragraph (2)(b) after “National Health Service trusts” there is inserted “, NHS foundation trusts”.
Children (Secure Accommodation) (No. 2) Regulations 1991
10.
In regulation 2(1) of the Children (Secure Accommodation) (No. 2) Regulations 199112 (applications to court-special cases), after “1990” there is inserted “, an NHS foundation trust”.
National Health Service (Pharmaceutical Services) Regulations 1992
11.
In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 199213 (interpretation), in the definition of “prescription form” for “or an NHS trust” there is substituted “an NHS trust or NHS foundation trust”.
Housing (Right to Buy) (Prescribed Persons) Order 1992
12.
Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
13.
“(aa)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
National Blood Authority Regulations 1993
14.
Redundancy Payments (National Health Service) (Modification) Order 1993
15.
“2ZA
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
National Health Service Pension Scheme Regulations 1995
16.
(1)
(2)
In regulation A2 (interpretation)—
(a)
“(cc)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,” and
(b)
“(zaa)
an NHS foundation trust;”.
Family Health Services Appeal Authority Regulations 1995
17.
National Health Service (Injury Benefits) Regulations 1995
18.
(a)
“(cc)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”; and
(b)
“(zaa)
an NHS foundation trust;”.
National Health Service Litigation Authority Regulations 1995
19.
(1)
(2)
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body” after “Health and Social Care Act 2001” there is added “or the Independent Regulator of NHS Foundation Trusts”.
(3)
In regulation 7 (disqualification for appointment), in paragraph (1)—
(a)
in sub-paragraph (e) “or” is omitted; and
(b)
“(ee)
he is a chairman, chief executive or non-executive director of an NHS foundation trust; or” and
(c)
“; or
(g)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
National Health Service (Clinical Negligence Scheme) Regulations 1996
20.
“(aa)
an NHS foundation trust,”.
National Health Service (Existing Liabilities Scheme) Regulations 1996
21.
(a)
in paragraph (a)(iii) “or” is omitted; and
(b)
“(iiia)
an NHS foundation trust, or”.
National Health Service (Appointment of Consultants) Regulations 1996
22.
Health Authorities (Membership and Procedure) Regulations 1996
23.
(1)
(2)
“and
(f)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
In regulation 10 (disqualification for appointment) in paragraph (1)—
(a)
“(hh)
he is a chairman or non-executive director of an NHS foundation trust;” and
(b)
“(m)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996
24.
“(viia)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996
25.
Construction Contracts (England and Wales) Exclusion Order 1998
26.
“Other Agreements3A.
(1)
A construction contract is excluded from the operation of Part II if it is an externally financed development agreement entered into by an NHS foundation trust.
(2)
In this article “externally financed development agreement” has the same meaning as in section 1 of the National Health Service (Private Finance) Act 1997 reading references in subsections (3) and (5) of that section to the trust as references to an NHS foundation trust.”.
National Institute for Clinical Excellence Regulations 1999
27.
“; or
(f)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
National Health Service Estate Management and Health Building Agency Trading Fund Order 1999
28.
In Schedule 1 to the National Health Service Estate Management and Health Building Agency Trading Fund Order 1999 30 (funded operations), in paragraph (1)(ii) after “1990” there is inserted “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”.
National Health Service Information Authority Regulations 1999
29.
“; or
(f)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
National Health Service (Liabilities to Third Parties Scheme) Regulations 1999
30.
“(aa)
an NHS foundation trust,”.
National Health Service (Property Expenses Scheme) Regulations 1999
31.
“(aa)
an NHS foundation trust,”.
Motor Vehicles (Driving Licences) Regulations 1999
32.
“(bb)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care Act 2003, or”.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
33.
(1)
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 35 are amended as follows.
(2)
“(g)
the Independent Regulator of NHS Foundation Trusts;” .
(3)
In regulation 5(1) (disqualification for appointment: chairman and non-officer members)—
(a)
“(ff)
he is a chairman or non-executive director of an NHS foundation trust; and”
(b)
“;
(k)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Data Protection (Subject Access Modification) (Social Work) Order 2000
34.
(a)
“(iiza)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;” and
(b)
“(mm)
data processed by an NHS foundation trust as referred to in sub-paragraph (l) (iiza) above in the exercise of any functions similar to any social services functions of a local authority;”.
NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
35.
(a)
in sub-paragraph (b) “and” is omitted; and
(b)
“and
(d)
an NHS foundation trust”.
National Treatment Agency Regulations 2001
36.
“;
(g)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
National Health Service Appointments Commission Regulations 2001
37.
In regulation 3(1) of the National Health Service Appointments Commission Regulations 200139 (disqualification for appointment)—
(a)
“(ff)
he is a chairman or a non-executive director of an NHS foundation trust;” and
(b)
“; or
(k)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001
38.
“(bb)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
National Patient Safety Agency Regulations 2001
39.
“;
(f)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Care Homes Regulations 2001
40.
“or
(iii)
in an NHS foundation trust;”.
National Health Service (Compensation for Premature Retirement) Regulations 2002
41.
“(bb)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002
42.
““NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.”.
Commission for Patient and Public Involvement in Health (Functions) Regulations 2002
43.
“(cc)
an NHS foundation trust;”.
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002
44.
(1)
(2)
“(d)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
“; or
(k)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Counter Fraud and Security Management Service Regulations 2002
45.
(1)
(2)
“and
(d)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
“;
(i)
he is the chairman, chief executive or a non-executive director of an NHS foundation trust;
(j)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002
46.
(1)
(2)
“(a)
“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003”;
“(b)
“authorisation” means an authorisation given by the Independent Regulator of NHS Foundation Trusts under section 6 of the 2003 Act”; and
“(c)
“protected goods or services” means in relation to an NHS foundation trust, goods or services which that trust is required by virtue of section 14(4) of the 2003 Act to provide under the terms of its authorisation.”.
(3)
In regulation 4 (consultation of committees by local NHS bodies)—
(a)
at the end of the heading there is added “other than NHS foundation trusts”; and
(b)
in paragraph (1) after “local NHS body” there is inserted “other than an NHS foundation trust,”.
(4)
“4A.
Consultation of Committees by NHS foundation trusts
(1)
This regulation applies where—
(a)
an NHS foundation trust proposes to make an application to the Independent Regulator of NHS Foundation Trusts (“the regulator”), to vary the terms of its authorisation; and
(b)
that application if successful would result in a substantial variation of the provision by an NHS foundation trust of protected goods or services in the area of a local authority.
(2)
Where this regulation applies the NHS foundation trust shall consult the overview and scrutiny committee of the local authority referred to in paragraph (1)(b).
(3)
Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by an NHS foundation trust pursuant to paragraph (1), may make comments on the proposed application by such date as may be specified by the NHS foundation trust.
(4)
In any case where an overview and scrutiny committee is not satisfied that consultation on any application referred to in paragraph (1) has been adequate in relation to content or time allowed it may report to the regulator in writing and the regulator may require the NHS foundation trust to carry out such consultation, or such further consultation with the overview and scrutiny committee as it considers appropriate.
(5)
In any case where an overview and scrutiny committee considers that the proposed application would not be in the interests of the health service in the area of the committee’s local authority, it may report to the regulator in writing and the regulator shall have regard to the report in accordance with section 9(2) of the 2003 Act.”.
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003
47.
(1)
(2)
“(hh)
an NHS foundation trust,
(hhh)
the Independent Regulator of NHS Foundation Trusts,”.
(3)
In regulation 3 (disqualification for appointment)—
(a)
in paragraph (1)—
(i)
in sub-paragraph (d) after “NRPB”, in the first place that it occurs, there is inserted “and in the case of an NHS foundation trust as a governor of a trust,”;
(ii)
in sub-paragraph (h)(iii) “or” is omitted; and
(iii)
“(iiia)
an NHS foundation trust;”;
(iv)
“or;
(i)
he is the chairman or other member of the Independent Regulator of NHS Foundation Trusts.”; and
(b)
“(3)
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been—
(a)
the chairman or member or director of the NRPB or a health service body other than an NHS foundation trust; or
(b)
the chairman, a governor or non-executive director of an NHS foundation trust.”.
New Schools (General) (England) Regulations 2003
48.
(a)
“either” is omitted; and
(b)
“or
(iii)
the NHS foundation trust;”.
Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003
49.
(a)
in paragraph (a), “or” is omitted; and
(b)
“(aa)
an NHS foundation trust; or.”
Patients' Forums (Membership and Procedure) Regulations 2003
50.
(1)
(2)
“(d)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
In regulation 4(1) (disqualification for appointment)—
(a)
“(dd)
he is a member of the board of directors or an employee of the NHS foundation trust for which the Forum is established;” and
(ddd)
he is a member of the board of governors of an NHS foundation trust, unless the Patients' Forum in question is specified in the constitution of that trust as a partnership organisation”; and
(b)
“;
(n)
he is the chairman or another member of the Independent Regulator of NHS foundation Trusts.”.
Patients' Forums (Functions) Regulations 2003
51.
(1)
(2)
In regulation 3 (entry and inspection of premises)—
(a)
“(dd)
NHS foundation trusts;” and
(b)
in paragraph (4)(a), for “(d)” there is substituted “(dd)”.
(3)
“(bb)
an NHS foundation trust;”.
(4)
“(a)
in the case of an NHS trust or a Primary Care Trust—
(i)
the Strategic Health Authority responsible for the performance management of that trust; and
(ii)
a relevant overview and scrutiny committee (within the meaning given in section 15(9) of the Act); and
(b)
in the case of an NHS foundation trust—
(i)
the Independent Regulator of NHS Foundation Trusts; and
(ii)
a relevant overview and scrutiny committee (within the meaning given in section 15(9) of the Act).”.
NHS Professionals Special Health Authority Regulations 2003
52.
(1)
(2)
“(ff)
the Independent Regulator of NHS Foundation Trusts,”.
(3)
“;
(i)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Commission for Social Care Inspection (Membership) Regulations 2003
53.
(1)
(2)
“(dd)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
“; or
(n)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.”.
Commission for Healthcare Audit and Inspection (Membership) Regulations 2003
54.
(1)
(2)
“(cc)
the Independent Regulator of NHS Foundation Trusts;”.
(3)
In regulation 4 (disqualification for appointment or from holding office), —
(a)
“; or
(m)
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts” ; and
(b)
in paragraph (3)—
(i)
in sub-paragraph (a) after “body” there is added “other than an NHS foundation trust”; and
(ii)
after sub-paragraph (a) there is inserted—
(aa)
the chairman, or a governor or a non-executive director of an NHS foundation trust, or”.
Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004
55.
“(bb)
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”.
SCHEDULE 2Enactments where after “National Health Service Trust”, “National Health Service trust”, “NHS Trust” or “NHS trust” there is inserted “or NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Charges for Appliances) Regulations 197458 | Regulation 6(3) in the first place “NHS trust” occurs |
Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 198059 | Schedule 1 in paragraph (c) of the entry relating to “a person other than an excepted person who carries on business consisting (wholly or partly) of supplying medicinal products in circumstances corresponding to retail sale” |
Medicines (Pharmacy and General Sale Exemption) Order 198060 | Schedule 3, Part II, in the entry in column 1 relating to an NHS trust |
Mental Health Review Tribunal Rules 198361 | Rule 7(e) Rule 8(2)(b) |
National Health Service (Charges to Overseas Visitors) Regulations 198962 | Regulation 1(2) in the definition of “treatment the need for which arose during the visit” Regulation 2 Regulation 4(a) Regulation 8 |
Family Health Services Authorities (Membership and Procedure) Regulations 199063 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
Regional and District Health Authorities (Membership and Procedure) Regulations 199064 | Regulation 13(1)(g) |
National Health Service (General Dental Services) Regulations 199265 | Regulation 4(7)(a)(vii) |
Dental Vocational Training Authority Regulations 199366 | Regulation 5(1)(b)(iii) |
Family Health Services Appeal Authority Regulations 1995 67 | Regulation 7(1)(g) |
National Health Service (Appointment of Consultants) Regulations 199668 | Regulation 5(1)(e)(ii) |
Welfare Food Regulations 199669 | Regulation 2(1)(a) in the definition of “clinic” |
National Health Service (Wheelchair Charges) Regulations 199670 | Regulation 1(2) in the definition of “standard wheelchair” Regulation 1(2) in the definition of “user” Regulation 2(1) |
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199671 | Regulation 6(1) item 6 in the entry in column (3) relating to item 6(a) in the table Regulation 6(2) in the definition of “appropriate NHS trust” after “NHS trust”, and “National Health Service trust” in the first place that it occurs |
National Health Service (Optical Charges and Payments) Regulations 199772 | Regulation 1(2) in the definition of “responsible authority” Regulation 1(2) in the definition of “voucher” Regulation 8(5) Regulation 10 |
Regulation 11 Schedule 1 item 9 column 1 | |
Schedule 1 item 10 column 1 Schedule 2 paragraph (1)(g) | |
Prescription Only Medicines (Human Use) Order 199773 | Article 12A paragraph (1)(c) Article 12A paragraph (2)( c) Schedule 7 Part II in the entry relating to an NHS trust in column 1 |
Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 199874 | Regulation 3(2) |
Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 199975 | Regulation 2(2)(c) Regulation 3(4)(c) |
Health Development Agency Regulations 199976 | Regulation 3(1)(d) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200077 | Regulation 5(4)(c) |
National Health Service (Charges for Drugs and Appliances) Regulations 200078 | Regulation 7(7) |
Homeless Persons (Priority Need) (Wales) Order 200179 | Regulation 3(2)(d)(ii) |
National Health Service Appointments Commission Regulations 200180 | Regulation 3(1)(j) |
School Governance (Constitution) (England) Regulations 200381 | Schedule 3 paragraph 2(1)(b) |
School Organisation Proposals by the Learning and Skills Council for England Regulations 200382 | Regulation 4(7)(c) Regulation 16(2)(e) |
Strategic Health Authorities (Consultation on Changes) Regulations 200383 | Regulation 2(2)(b) Regulation 2(2)(f) |
Patients' Forums (Membership and Procedure) Regulations 200384 | Regulation 2(1) |
Patients' Forums (Functions) Regulations 200385 | Regulation 2(1) Regulation 2(2) Regulation 3(1)(b) |
SCHEDULE 3Enactments where after “National Health Service Trust”, “National Health Service trust” or “NHS trust” there is inserted “, NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Venereal Diseases) Regulations 197486 | Regulation 2 |
Medicines (Pharmacy and General Sale-Exemption) Order 1980 | Schedule 3 Part II in the entry in column 2 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a health authority, a Special Health Authority, an NHS Trust or a Primary Care Trust |
Social Security (Claims and Payments) Regulations 198787 | Regulation 43(6) |
National Health Service (Dental Charges) Regulations 198988 | Regulation 4(4) in the second place that “NHS trust” occurs |
Children (Secure Accommodation) (No. 2) Regulations 199189 | Regulation 2(1) in the second place that it occurs |
National Health Service (Optical Charges and Payments) Regulations 1997 | Regulation 2(2) |
Prescription Only Medicines (Human Use) Order 1997 | Schedule 7 Part II in the entry in column 2 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS Trust or a Primary Care Trust |
National Health Service (Vocational Training for General Medical Practice) Regulations 199790 | Regulation 14(3)(d) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
National Health Service (Charges for Drugs and Appliances) Regulations 2000 | Regulation 5(3) Regulation 5(6) Regulation 6(1) Regulation 6(3) Regulation 6(5) Regulation 10(3) Regulation 11 |
National Health Service (Travel Expenses and Remission of Charges) Regulations 200391 | Regulation 12(1) in the second and fourth places that it occurs |
Patients' Forums (Membership and Procedure) Regulations 200392 | Regulation 2(3)(a) |
Patients' Forums (Functions) Regulations 2003 | Regulation 7 Regulation 8(3)(a) and (c) Regulation 8(4) Regulation 8(6) |
NHSU Regulations 200393 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
NHS Professionals Special Health Authority Regulations 200394 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 200395 | Schedule 1 paragraph 9 |
SCHEDULE 4Enactments where after “National Health Service Trust” or “National Health Service trust” or “NHS Trust”, there is inserted “, an NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Pharmacy and General Sale – Exemption) Order 1980 | Schedule 3 Part II in the entry in column 1 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a health authority, a Special Health Authority, an NHS trust or a Primary Care Trust |
Title of enactment | Provisions to be amended |
National Health Service (Dental Charges) Regulations 1989 | Regulation 5(4) |
Family Health Services Authorities (Membership and Procedure) Regulations 1990 | Regulation 6(1)(f) |
National Health Service Trusts (Membership and Procedure) Regulations 1990 | Regulation 1(2) in the definition of “health service body” |
National Health Service Pension Scheme Regulations 199596 | Regulation A2 in paragraph (b) of the definition of “practitioner” Regulation B2(e) Regulation E3(4)(c) Regulation E4(4)(c) Regulation R11(1)(h)(i) and (ii) |
National Health Service Litigation Authority Regulations 199597 | Regulation 1(2) in the definition of “health service body” |
National Health Service (Appointment of Consultants) Regulations 1996 | Regulation 5(1)(d) |
Health Authorities (Membership and Procedure) Regulations 1996 | Regulation 1(2) in paragraph (a) of the definition of “health service body” Regulation 10(1)(j) |
Prescription Only Medicines (Human Use) Order 1997 | Schedule 7 Part II in the entry in column 1 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS trust or a Primary Care Trust |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 5(1)(i) |
National Health Service (Charges for Drugs and Appliances) Regulations 2000 | Regulation 2(1) in the definition of “prescription form” Regulation 5(1) |
Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 200298 | Regulation 3(3)(a) |
National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 | Regulation 3(1)(a)(ii) Regulation 12(1) in the first and third place that it occurs Regulation 12(2) |
SCHEDULE 5Enactments where for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Charges for Appliances) Regulations 1974 | Regulation 5 Regulation 6(1) Regulation 6(3) Regulation 6(4) |
National Health Service (Dental Charges) Regulations 1989 | Regulation 4(4)(b) Regulation 6(1) Regulation 8 Regulation 11(3) |
Human Organ Transplants (Supply of Information) Regulations 198999 | The Schedule to the Regulations Part I paragraph 1 The Schedule to the Regulations Part II paragraph 1 |
National Care Standards Commission (Registration) Regulations 2001100 | Schedule 2 paragraph 8 |
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002101 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Counter Fraud and Security Management Service Regulations 2002102 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002103 | Regulation 1(3) in the definition of “local NHS body” |
Patients' Forums (Membership and Procedure) Regulations 2003 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Patients' Forums (Functions) Regulations 2003 | Regulation 8(1) |
SCHEDULE 6Enactments where for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Dental Charges) Regulations 1989 | Regulation 5(1)(b) |
Human Organ Transplants (Supply of Information) Regulations 1989 | Regulation 2(1)(a) Regulation 2(2)(a) |
Regional and District Health Authorities (Membership and Procedure) Regulations 1990 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
Family Health Services Appeal Authority Regulations 1995 | Regulation 1(2) in the definition of “health service body” |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 1(2) in paragraph (e) of the definition of “nurse” |
SCHEDULE 7Enactments where after an entry relating to a “National Health Service Trust” or “national health service trust” there is inserted ““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”
SCHEDULE 8Enactments where there is inserted in the appropriate alphabetical position ““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Pharmacy and General Sale— Exemption) Order 1980 | Article 1(2)(a) |
Mental Health Review Tribunal Rules 1983 | Rule 2(1) |
National Health Service (Charges to Overseas Visitors) Regulations 1989 | Regulation 1(2) |
Human Organ Transplants (Supply of Information) Regulations 1989 | Regulation 1(2) |
Welfare Food Regulations 1996 | Regulation 2(1) |
Prescription Only Medicines (Human Use) Order 1997 | Article 1(2) |
SCHEDULE 9Enactments where after “1978” there is added “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Sale or Supply)(Miscellaneous Provisions) Regulations 1980 | Schedule 1 in the entry relating to a National Health Service trust |
Litter Controls Areas Order 1991106 | Article 2(1)(j)(xii) |
SCHEDULE 10Enactments where for the definition of “health service body” there is substituted ““health service body” means (a) a body listed in section 4 of the National Health Service and Community Care Act 1990; (b) an NHS foundation trust; (c) the Independent Regulator of NHS Foundation Trusts ;”
Title of enactment | Provisions to be amended |
|---|---|
National Institute for Clinical Excellence Regulations 1999107 | Regulation 1(2) |
National Health Service Information Authority Regulations 1999108 | Regulation 1(2) |
National Treatment Agency Regulations 2001109 | Regulation 1(2) |
National Health Service Appointments Commission Regulations 2001110 | Regulation 1(3) |
National Patient Safety Agency Regulations 2001111 | Regulation 1(3) |
SCHEDULE 11Enactments where for the definition of “health service body” there is substituted ““health service body” means (a) a body listed in section 4 of the National Health Service and Community Care Act 1990; (b) an NHS foundation trust;”
SCHEDULE 12Enactments where after “director” there is inserted “or governor”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service Trusts (Membership and Procedure) Regulations 1990114 | Regulation 11(1)(d) |
National Health Service Litigation Authority Regulations 1995115 | Regulation 7(1)(d) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 5(1)(d) |
National Health Service Information Authority Regulations 1999 | Regulation 3(1)(d) |
Health Development Agency Regulations 1999 | Regulation 3(1) (e) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000116 | Regulation 5(1)(d) |
National Clinical Assessment Authority Regulations 2000 | Regulation 3(1)(d) |
National Treatment Agency Regulations 2001 | Regulation 3(1)(e) |
National Health Service Appointments Commission Regulations 2001 | Regulation 3(1)(h) |
National Patient Safety Agency Regulations 2001 | Regulation 3(1)(d) |
Commission for Patient and Public Involvement in Health (Membership and Procedure ) Regulations 2002117 | Regulation 5(1)(d) |
Counter Fraud and Security Management Service Regulations 2002118 | Regulation 3(1)(d) |
Patients' Forums (Membership and Procedure) Regulations 2003119 | Regulation 4(1)(b) |
NHSU Regulations 2003120 | Regulation 3(1)(d) |
NHS Professionals Special Health Authority Regulations 2003121 | Regulation 3(1)(d) |
Commission for Social Care Inspection (Membership) Regulations 2003122 | Regulation 4(1)(g) Regulation 4(1)(h) |
Commission for Healthcare Audit and Inspection (Membership) Regulations 2003123 | Regulation 4(1)(h) Regulation 4(1)(i) |
SCHEDULE 13Enactments where for “a health service body” there is substituted “or, in the case of an NHS foundation trust the chairman, a governor or a non-executive director of, the health service body in question”
Title of Enactment | Provisions to be amended |
|---|---|
National Health Service Litigation Authority Regulations 1995 | Regulation 7(3) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 5(3) |
National Health Service Information Authority Regulations 1999 | Regulation 3(3) |
Health Development Agency Regulations 1999 | Regulation 3(3) |
National Clinical Assessment Authority Regulations 2000 | Regulation 3(3) |
National Treatment Agency Regulations 2001 | Regulation 3(3) |
National Health Service Appointments Commission Regulations 2001 | Regulation 3(3) |
National Patient Safety Agency Regulations 2001 | Regulation 3(3) |
Commission for Patient and Public Involvement in Health (Membership and Procedure ) Regulations 2002 | Regulation 5(3) |
Commission for Social Care Inspection (Membership) Regulations 2003 | Regulation 4(3) |
SCHEDULE 14Enactments where for “a health service body” there is substituted “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”
Title of Enactment | Provisions to be amended |
|---|---|
Regional and District Health Authorities (Membership and Procedure) Regulations 1990124 | Regulation 13(3) |
Family Health Services Appeal Authority Regulations 1995125 | Regulation 7(3) |
Health Authorities (Membership and Procedure) Regulations 1996126 | Regulation 10(3) |
Primary Care Trust (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 5(3) |
SCHEDULE 15Enactments where after “directors of,” there is inserted, “or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of”
Title of Enactment | Provisions to be amended |
|---|---|
Patients' Forums (Membership and Procedure) Regulations 2003 | Regulation 4(2) |
NHSU Regulations 2003 | Regulation 3(3) |
NHS Professionals Special Health Authority Regulations 2003 | Regulation 3(3) |
SCHEDULE 16Enactments where there is inserted in the appropriate alphabetical position ““Independent Regulator of NHS Foundation Trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003”
Title of Enactment | Provisions to be amended |
|---|---|
Regional and District Health Authorities (Membership and Procedure) Regulations 1990 | Regulation 1(2) |
National Health Service Trusts (Membership and Procedure) Regulations 1990 | Regulation 1(2) |
National Health Service Litigation Authority Regulations 1995 | Regulation 1(2) |
Health Authorities (Membership and Procedure) Regulations 1996 | Regulation 1(2) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 1(2) |
National Health Service Information Authority Regulations 1999 | Regulation 1(2) |
Primary Care Trusts (Membership, Procedure and Administration) Regulations 2000 | Regulation 1(2) |
National Treatment Agency Regulations 2001 | Regulation 1(2) |
National Health Service Appointments Commission Regulations 2001 | Regulation 1(3) |
National Patient Safety Agency Regulations 2001 | Regulation 1(3) |
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 | Regulation 1(3) |
Counter Fraud and Security Management Service Regulations 2002 | Regulation 1(3) |
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 | Regulation 1(2) |
NHS Professionals Special Health Authority Regulations 2003 | Regulation 1(3) |
SCHEDULE 17Enactment where there is inserted “(5) In these Regulations, a reference to “NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.”
This Order makes supplementary and consequential provision in relation to Part 1 of the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). Part 1 of the Act makes provision for the establishment of NHS foundation trusts.
“NHS foundation trusts” are defined in section 1 of the Act. NHS foundation trusts will be corporate bodies constituted in accordance with Schedule 1 to the Act and authorised under Part 1 of the Act by the Independent Regulator of NHS Foundation Trusts (established under section 2 of the Act). NHS foundation trusts will be authorised to provide goods and services for purposes relating to the provision of health care and the authorisation must secure that the principal purpose of the trust is the provision of goods and services for the purposes of the health service in England. However subject to the terms of their authorisation NHS foundation trusts may also operate in other parts of the United Kingdom.
Article 1 provides that with the exception of the provisions in paragraph (2), the amendments in this Order are to come into force on 1st April 2004.
The provisions which are listed in paragraph (2) all provide for the chairman or another member of the Independent Regulator of NHS Foundation Trusts to be disqualified from specified appointments to other bodies. These provisions are to come into force on 5th July 2004. The later date for commencement of these provisions reflects that the process of making permanent appointments to the Independent Regulator of NHS Foundation Trusts will not be complete until July 2004.
Article 2 provides that the extent and application of all of the amendments made by the Order is the same as that of the provision being amended.
Article 3(1) and Schedule 1 make supplementary and consequential provision to the specified instruments.
Article 3(2) to 3(17) and Schedules 2 to 17 provide for amendments which are common to more than one instrument.
In particular articles 3(7) to 3(9) and Schedules 7 to 9, provide for inserting definitions of NHS foundation trusts into the specified statutory instruments.
Article 3(10) and Schedule 10 amend the definition of “health service body” in the specified regulations which make provision for the membership and procedure of other health bodies including Special Health Authorities. The effect is to include NHS foundation trusts and the Independent Regulator of NHS Foundation Trusts in the definition of “health service body”. As a consequence of this amendment the provisions of those regulations in respect of disqualification from appointment to specified positions (for example of a person who has been dismissed within the previous five years otherwise then by reason of redundancy from paid employment with a health service body), will apply to NHS foundation trusts and the Independent Regulator of NHS Foundation Trusts in the similar way as they do for example to NHS trusts.
Article 3(11) and Schedule 11 amend the definition of “health service body” in the specified regulations which also make provision for the membership and procedure of two other Special Health Authorities. The effect is to include NHS foundation trusts in the definition of “health service body”. Similarly as a consequence of this amendment provisions of those regulations in respect of disqualification from appointment to specified positions will apply to NHS foundation trusts in the similar way as they do in respect of other bodies within the health service such as NHS trusts.
Article 3(12) and Schedule 12 amend the provision in the specified regulations to the effect that the provisions in those regulations which provide for the disqualification from appointment where a person’s tenure as the chairman, member or director of a health service body is terminated on the grounds set out in the regulation, will also apply where a person’s tenure as the governor of a health service body is terminated on those grounds. This reflects in particular that the constitution of NHS foundation trusts will include a board of governors.
Article 3(13) to (15) and Schedules 13 to 15 provide for amendments in respect of NHS foundation trusts, to the qualifications in the specified regulations of the meaning of paid employment.
Article 3(16) and Schedule 16 provide together with specific amendments in article 3(1) and Schedule 1 for the disqualification of members of the Independent Regulator of NHS Foundation Trusts from other positions in health bodies.
Article 3(17) and Schedule 17 and article 3(1) and Schedule 1 paragraph 42, provide for amendments to regulations in respect of statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay. These amendments have the effect that an employee of an NHS trust is not disadvantaged in respect of these statutory benefits where that NHS trust is authorised as an NHS foundation trust.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.