The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

90.—(1) The Commission for Health Improvement (Functions) Regulations 2000(1) are amended as follows.

(2) In regulation 1 (citation, commencement, extent and interpretation), in paragraph (4)—

(a) before the definition of “personal medical services”, there is inserted—

• ““relevant Primary Care Trust” means, in relation to a service provider, the Primary Care Trust in whose area that person provides services;”;

(b) for the definition of “relevant Health Authority” there is substituted—

• ““relevant Strategic Health Authority” means, in relation to a Primary Care Trust—

  (a)

  where the area for which the Primary Care Trust is established falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or

  (b)

  where the area for which the Primary Care Trust is established falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities;”; and

(c) the definition of “relevant service provider” is omitted.

(3) In regulation 2 (additional functions)—

(a) in paragraph (a), before “Health Authorities” there is inserted “Strategic Health Authorities,”;

(b) paragraph (b) is omitted;

(c) in paragraph (c), before “Health Authorities” there is inserted “Strategic Health Authorities,”; and

(d) paragraph (d) is omitted.

(4) In regulation 12 (notice of investigation)—

(a) in paragraph (b), “and” is omitted at the end; and

(b) for paragraph (c) there is substituted—

“(c) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(d) in the case of an investigation concerning a service provider, the relevant Primary Care Trust, and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.”.

(5) In regulation 14 (investigation reports)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), “and” is omitted at the end, and

(ii) for sub-paragraph (b) there is substituted—

“(b) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(c) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.”;

(b) in paragraph (2)—

(i) in sub-paragraph (b), “and” is omitted at the end, and

(ii) for sub-paragraph (c) there is substituted—

“(c) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(d) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.”; and

(c) in paragraph (3)—

(i) in sub-paragraph (a), “and” is omitted at the end, and

(ii) for sub-paragraph (b) there is substituted—

“(b) in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and

(c) in the case of an investigation concerning a service provider, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.”.

(6) In regulation 15 (special interest reports)—

(a) in paragraph (2), for paragraph (c) there is substituted—

“(c) in a case where a Primary Care Trust is the subject of an investigation, the relevant Strategic Health Authority; and

(d) in a case where a service provider is the subject of an investigation, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.”; and

(b) in paragraph (3), for paragraph (c) there is substituted—

“(c) in a case to which paragraph (2)(c) applies, the relevant Strategic Health Authority;

(ca) in a case to which paragraph (2)(d) applies, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority; and”.

(1)

S.I. 2000/662. Further amendments to the Commission for Health Improvement (Functions) Regulations are contained in Schedule 3.