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The Commission for Healthcare Audit and Inspection (Defence Medical Services) Regulations 2008

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Statutory Instruments

2008 No. 1181

Public Health

The Commission for Healthcare Audit and Inspection (Defence Medical Services) Regulations 2008

Made

24th April 2008

Laid before Parliament

1st May 2008

Coming into force

2nd June 2008

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 124(1) and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 2003(1):—

Citation and commencement

1.  These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Defence Medical Services) Regulations 2008 and shall come into force on 2nd June 2008.

Interpretation

2.  In these Regulations—

“the Armed Services” means the Royal Navy, Army and Royal Air Force of the United Kingdom;

“Defence Medical Services” means—

(a)

the health care provided by the Armed Services;

(b)

the education and training provided by the Armed Services to service and other personnel in connection with the provision of health care including the maintenance of the clinical skills of such personnel; and

(c)

any agreement or arrangement made by the Armed Services to enable any service or facility falling within paragraph (a) or (b) to be provided on their behalf;

“specified civilians” means those civilians identified as being eligible for or entitled to health care by or under—

(a)

the Queen’s Regulations for the Royal Navy as amended (1997 consolidated edition)(2);

(b)

the Army General and Administrative Instruction as amended, Volume 2, Chapter 66, Issue number 139(3); or

(c)

the Queen’s Regulations for the Royal Air Force as amended (1999 edition)(4);

“health care” means services provided to service personnel or specified civilians for or in connection with the prevention, diagnosis or treatment of illness;

“illness” includes mental disorder within the meaning of the Mental Health Act 1983(5)and any injury or disability requiring medical or dental treatment or nursing.

Health Scheme

3.  Defence Medical Services are prescribed as a health scheme for the purposes of section 124(1) of the Health and Social Care (Community Health and Standards) Act 2003.

Signed by authority of the Secretary of State for Health.

Ben Bradshaw

Minister of State,

Department of Health

24th April 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enable the Commission for Healthcare Audit and Inspection (the Healthcare Commission) to make arrangements with the Secretary of State for Defence in relation to Defence Medical Services in accordance with section 124 of the Health and Social Care (Community Health and Standards) Act 2003. The Queen’s Regulations for the Royal Navy as amended (1997 consolidated edition), the Army General and Administrative Instructions as amended, Volume 2, Chapter 66, issue number 139 and the Queen’s Regulations for the Royal Air Force as amended (1999 edition) may all be viewed at the Ministry of Defence, SO1 Healthcare Commission Liaison 7-D-04, MOD St George’s Court 2-12 Bloomsbury Way, London WC1A 2SH.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(2)

This may be viewed at the Ministry of Defence.

(3)

This may be viewed at the Ministry of Defence.

(4)

This may be viewed at the Ministry of Defence.

(5)

1983(c.20).The meaning of mental disorder is amended by the Mental Health Act 2007 c.12.

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