The Middlesbrough 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;

• “assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations;

• “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);

• “GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 20045;

• “Langbaurgh PCT” means the Langbaurgh Primary Care Trust which is dissolved on 1st October 2006 by the 2006 Establishment Order;

• “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 9;

• “ophthalmic list” means a list maintained by a Primary Care Trust pursuant to section 39 of the Act6 (regulations as to section 38);

• “ophthalmic supplementary list” means a list maintained by a Primary Care Trust pursuant to section 43D of the Act7 (supplementary lists);

• “performers list” means a list maintained by a Primary Care Trust pursuant to section 28X of the Act8 (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 Act9 (regulations as to pharmaceutical services);

• “PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 200410;

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

• “Principal Order” means the Middlesbrough Primary Care Trust (Establishment) Order 200211;

• “relevant area” means, in the county of Redcar and Cleveland, the wards of Eston, Grangetown, Normanby, Ormesby, South Bank and Teesville, being part of the area for which the trust was established immediately before this Order comes into force;

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

• “transferee” means the Redcar and Cleveland Primary Care Trust, which is established on 1st October 2006 by the 2006 Establishment Order.

Provision for continuity in the exercise of functions3

1

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

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 respect of the relevant area continues in force in relation to the transferee in accordance with its terms until it is varied or revoked by the transferee.

4

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

5

So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it is in respect of the relevant area, be treated on and after 1st October 2006 as a reference to the transferee.

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 the relevant area or not, the trust and the transferee shall resolve the doubt between themselves.

7

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

8

This article is subject to articles 4 to 11.

Allocation of practitioners to lists – performers lists4

1

Paragraph (3) applies to a practitioner—

a

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

b

who is party to a contract for the provision of primary medical services or primary dental services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act12 (Transfer of property); and

c

who is not, following that transfer, party to a contract with the trust for the provision of primary medical services or primary dental services.

2

Paragraph (3) applies to a practitioner—

a

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

b

to whom paragraph (1) does not apply;

c

in relation to whom there is not an ongoing matter; and

d

who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s performers list.

3

Where this paragraph applies, the practitioner’s name shall be removed from the trust’s performers list and included in the transferee’s performers list.

4

Article 8 applies to a practitioner—

a

whose name was included in the trust’s performers list immediately before 1st October 2006; and

b

to whom neither paragraph (1) nor paragraph (2) applies.

Allocation of practitioners to lists – ophthalmic, pharmaceutical and dispensing doctor lists5

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 the relevant area; or

b

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

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 200513 in relation to premises in the relevant area.

3

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

a

included in the transferee’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 the transferee’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.

4

Where paragraph (3) 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 Middlesbrough, his name shall be removed from the trust’s ophthalmic list.

5

Where paragraph (3) 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 Middlesbrough, his name shall be removed from the trust’s pharmaceutical list.

6

Where paragraph (3) 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 Middlesbrough, his name shall be removed from the trust’s dispensing doctor list.

Allocation of practitioners to lists – ophthalmic supplementary lists6

1

Paragraph (2) applies to a practitioner—

a

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

b

in relation to whom there is not an ongoing matter; and

c

who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s ophthalmic supplementary list.

2

Where this paragraph applies, the practitioner’s name shall be removed from the trust’s ophthalmic supplementary list and included in the transferee’s ophthalmic supplementary list.

3

Article 8 applies to a practitioner whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006 to whom paragraph (1) does not apply.

Applications for inclusion in lists7

1

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

a

was made before 1st October 2006;

b

was made by a person who is, or will be, party to a contract for the provision of primary medical services or primary dental services; and

c

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

2

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

3

In relation to an application made to the trust before 1st October 2006 by a person for inclusion of that person 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

the transferee if the premises to which the application relates are in the relevant area; or

b

the trust if those premises are in the county of Middlesbrough.

4

In relation to an application made before 1st October 2006 by a person for inclusion of that person 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 trust8

1

Where this article applies, the trust and the transferee 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 and the transferee are unable to agree in accordance with paragraph (1), the North East Strategic Health Authority shall determine the matter.

Matters consequential on allocation to lists9

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 198614;

b

the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 200515;

c

the National Health Service (Performers Lists) Regulations 200416;

d

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

e

the National Health Service (Service Committees and Tribunal) Regulations 199217;

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—

a

any matters dealt with by article 10 or 11; and

b

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 4 to 6 or 8, in a list maintained by the transferee—

a

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

b

any acts done by the trust in relation to that matter before 1st October 2006 shall, on and after that date, be deemed to have been done by the transferee; and

c

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

4

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 4 to 6 or 8, in a list maintained by the transferee;

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

Referrals to discipline committees under the Service Committees and Tribunal Regulations10

1

Paragraph (2) applies where—

a

before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (referral to investigating discipline committee) to Langbaurgh PCT for investigation by a discipline committee appointed by Langbaurgh PCT;

b

the investigation of the matter has not been finally completed before the operational date;

c

the matter concerns a practitioner who, by virtue of article 5, will be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list; and

d

by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed by the transferee.

2

Where this paragraph applies, the transferee and the discipline committee investigating the matter shall take no further steps in the investigation of it and the transferee shall transfer the investigation to another Primary Care Trust (“A”) which—

a

is not the trust;

b

has not appointed any discipline committee jointly with the transferee; and

c

is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.

3

Where the investigation of a matter is transferred as referred to in paragraph (2)—

a

the investigation shall be continued by a discipline committee appointed by A;

b

anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the discipline committee appointed by A; and

c

anything done in relation to the investigation of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to A.

4

Paragraph (5) applies where—

a

before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 to another Primary Care Trust (“B”) for investigation by a discipline committee appointed by B;

b

the investigation of the matter has not been finally completed before the operational date;

c

the matter concerns a practitioner who will, by virtue of article 5, be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list;

d

the discipline committee appointed by B was appointed jointly by B and Langbaurgh PCT (whether or not together with another Primary Care Trust or Trusts); and

e

by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed jointly by B and the transferee.

5

Where this paragraph applies, B and the discipline committee investigating the matter shall take no further steps in the investigation of it and B shall transfer the investigation to another Primary Care Trust (“C”) which—

a

is not the trust;

b

has not appointed any discipline committee jointly with the transferee; and

c

is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.

6

Where the investigation of a matter is transferred as referred to in paragraph (5)—

a

the investigation shall be continued by a discipline committee appointed by C;

b

anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by B shall be treated as having been done by or in relation to the discipline committee appointed by C; and

c

anything done in relation to the investigation of that matter by or in relation to B shall be treated as having been done by or in relation to C.

Referral to an assessment panel appointed by Langbaurgh PCT11

1

Paragraph (2) applies where—

a

before 1st October 2006, Langbaurgh PCT has appointed an assessment panel to exercise any relevant functions pursuant to paragraph 31 (rejection of closure notice by the Primary Care Trust) or 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations 2004, or pursuant to paragraph 30 (rejection of closure notice) or 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations 2004;

b

the assessment panel has been appointed in relation to a person providing primary medical services pursuant to a contract for the provision of such services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act18;

c

the assessment panel has not finally determined the matter before 1st October 2006; and

d

by virtue of article 18 of the 2006 Establishment Order, the transferee is treated as having appointed the assessment panel.

2

Where this paragraph applies, the transferee and the assessment panel determining the matter shall take no further steps in the determination of it and the transferee shall transfer the matter to the assessment panel of another Primary Care Trust other than the trust (“D”).

3

Where the determination of a matter is transferred as referred to in paragraph (2)—

a

the matter shall be determined by an assessment panel appointed by D;

b

anything done in relation to the determination of the matter by or in relation to the assessment panel appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the assessment panel appointed by D; and

c

anything done in relation to the determination of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to D.