The Medway Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006

2

In this Order—

• “2006 Establishment Order” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 20063;

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

• “Area A” means the parish of Upchurch in the ward of Hartlip, Newington and Upchurch, in the district of Swale, in the county of Kent, being part of the area for which the trust was established immediately before this Order comes into force;

• “Area B” means the following areas in the county of Kent—

  1. a

     in the district of Tonbridge and Malling, the ward of Blue Bell Hill and Walderslade; and

  2. b

     in the district of Gravesham, the ward of Higham;

  being part of the area for which the trust was established immediately before this Order comes into force;

• “dispensing doctor list” means a list maintained by a Primary Care Trust pursuant to section 43 of the Act4 (persons authorised to provide pharmaceutical services);

• “list” means a dispensing doctor list, an ophthalmic list, an ophthalmic supplementary list, a performers list or a pharmaceutical list;

• “ongoing matter” has the meaning given in article 10;

• “ophthalmic list” means a list maintained by a Primary Care Trust pursuant to section 39 of the Act5 (regulations as to section 38);

• “ophthalmic supplementary list” means a list maintained by a Primary Care Trust pursuant to section 43D of the Act6 (supplementary lists);

• “performers list” means a list maintained by a Primary Care Trust pursuant to section 28X of the Act7 (persons performing primary medical and primary dental services);

• “pharmaceutical list” means a list maintained by a Primary Care Trust pursuant to section 42 of the Act8 (regulations as to pharmaceutical services);

• “practitioner” means a person whose name is included in a list;

• “Principal Order” means the Medway Primary Care Trust (Establishment) Order 20029;

• “trust” means the Medway Primary Care Trust which was established by the Principal Order;

• “transferee A” means the Eastern and Coastal Kent Primary Care Trust which is established on 1st October 2006 by the 2006 Establishment Order; and

• “transferee B” means the West Kent Primary Care Trust which is established on 1st October 2006 by the 2006 Establishment Order.

Provision for continuity in the exercise of functions in respect of Area A3

1

Anything done before 1st October 2006 by or in relation to the trust in respect of area A shall be treated on and after that date as if done by or in relation to transferee A.

2

The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.

3

Any instrument made by the trust in relation to Area A continues in force in relation to transferee A in accordance with its terms until it is varied or revoked by transferee A.

4

Any form supplied by the trust in relation to Area A continues to be a valid form in relation to transferee A until it is cancelled or withdrawn by transferee A, as if any reference contained in that form to the trust were a reference to transferee A.

5

So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it relates to Area A, be treated on and after the operational date as a reference to transferee A.

6

If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of Area A or not, the trust and transferee A shall resolve the doubt between themselves.

7

If the trust and transferee A are unable to resolve the doubt referred to in paragraph (6), the South East Coast Strategic Health Authority shall resolve it.

8

This article is subject to article 10.

Provision for continuity in the exercise of functions in respect of Area B4

1

Anything done before 1st October 2006 by or in relation to the trust in respect of area B shall be treated on and after that date as if done by or in relation to transferee B.

2

The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.

3

Any instrument made by the trust in relation to Area B continues in force in relation to transferee B in accordance with its terms until it is varied or revoked by transferee B.

4

Any form supplied by the trust in relation to Area B continues to be a valid form in relation to transferee B until it is cancelled or withdrawn by transferee B, as if any reference contained in that form to the trust were a reference to transferee B.

5

So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it relates to Area B, be treated on and after the operational date as a reference to transferee B.

6

If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of Area B or not, the trust and transferee B shall resolve the doubt between themselves.

7

If the trust and transferee B are unable to resolve the doubt referred to in paragraph (6), the South East Coast Strategic Health Authority shall resolve it.

8

This article is subject to article 10.

Allocation of practitioners to lists – performers lists5

Article 9 applies to a practitioner whose name was included in the trust’s performers list immediately before 1st October 2006.

Allocation of practitioners to lists – ophthalmic, pharmaceutical and dispensing doctor lists6

1

Paragraph (3) applies to a practitioner whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006—

a

who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in Area A; or

b

in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in Area A.

2

Paragraph (3) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 200510 in relation to premises in Area A.

3

Where this paragraph applies, the practitioner’s name shall be—

a

included in transferee A’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or

b

if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in transferee A’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.

4

Paragraph (6) applies to a practitioner—

a

whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006;

b

who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in Area B; or

c

in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in Area B.

5

Paragraph (6) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 2005 in relation to premises in Area B.

6

Where this paragraph applies, the practitioner’s name shall be—

a

included in transferee B’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or

b

if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in transferee B’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.

7

Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in an ophthalmic list, if the practitioner does not provide general ophthalmic services from, or does not regularly provide mobile ophthalmic services at, premises in the county of Medway, his name shall be removed from the trust’s ophthalmic list.

8

Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in a pharmaceutical list, if the practitioner does not provide general pharmaceutical services from premises in the county of Medway, his name shall be removed from the trust’s pharmaceutical list.

9

Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in a dispensing doctor list, if the practitioner does not have premises approval as described in paragraph (2) in relation to premises in the county of Medway, his name shall be removed from the trust’s dispensing doctor list.

Allocation of practitioners to lists – ophthalmic supplementary lists7

Article 9 applies to a practitioner whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006.

Applications for inclusion in lists8

1

Paragraph (2) applies in relation to an application to the trust for inclusion in a performers list—

a

which was made before 1st October 2006;

b

in relation to which the person making the application is, or will be, party to a contract for the provision of primary medical services or primary dental services; and

c

which has not been finally determined by the trust by that date.

2

The application shall be determined by whichever of the trust, transferee A or transferee B is, or is to be, party to the contract for primary medical services or primary dental services.

3

In relation to a person who has, before 1st October 2006, made an application to the trust for inclusion in an ophthalmic list, a pharmaceutical list or a dispensing doctor list which has not been finally determined by the trust by that date, the application shall be determined by—

a

transferee A if the premises to which the application relates are in Area A;

b

transferee B if the premises to which the application relates are in Area B; or

c

the trust if the premises to which the application relates are in the county of Medway.

4

In relation to a person who has, before 1st October 2006, made an application to the trust for inclusion in a list to which neither paragraph (1) nor paragraph (3) applies, the application shall be determined by the trust.

Allocation to lists by the transferee and the trust9

1

Where this article applies, the trust, transferee A and transferee B shall agree between themselves, after considering any representations from the practitioner, as to which of their lists shall include the practitioner’s name.

2

If the trust, transferee A and transferee B are unable to agree in accordance with paragraph (1), the South East Coast Strategic Health Authority shall determine the matter.

Matters consequential on allocation to lists10

1

In this Order, “ongoing matter” means any matter, question or proceeding in respect of a practitioner in relation to his inclusion in a list under—

a

the National Health Service (General Ophthalmic Services) Regulations 198611;

b

the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 200512;

c

the National Health Service (Performers Lists) Regulations 200413;

d

the National Health Service (Pharmaceutical Services) Regulations 2005; or

e

the National Health Service (Service Committees and Tribunal) Regulations 199214

which has not been finally determined or dealt with by the trust before 1st October 2006.

2

The definition of “ongoing matter” in paragraph (1) does not include the functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the National Health Service (Pharmaceutical Services) Regulations 2005.

3

In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee A—

a

transferee A shall be responsible for dealing with or determining the matter;

b

any acts done by the trust in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by transferee A; and

c

any decision or determination binding on the trust that relates to an ongoing matter shall be binding on transferee A.

4

In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee B—

a

transferee B shall be responsible for dealing with or determining the matter;

b

any acts done by the trust in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by transferee B; and

c

any decision or determination binding on the trust that relates to an ongoing matter shall be binding on transferee B.

5

If—

a

a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and

b

the practitioner’s name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee A;

that condition, contingent removal or suspension shall apply to transferee A’s list in which the practitioner’s name is included.

6

If—

a

a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and

b

the practitioner’s name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee B;

that condition, contingent removal or suspension shall apply to transferee B’s list in which the practitioner’s name is included.