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

Interpretation

1.—(1) In this Schedule—

“the Act” means the National Health Service Act 1977(1);

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(2);

“corresponding list” means a list prepared on or after the relevant date by a Primary Care Trust pursuant to sections 29, 29A, 36, 39, 42, 43 or 43D(3) of the Act, that corresponds to a list of the same type that was maintained pursuant to the same provisions by a Health Authority immediately before the relevant date;

“Health Authority” means a Health Authority established under section 8 of the Act immediately before the relevant date;

“locality” means the locality for which a Health Authority was, or a Primary Care Trust or Strategic Health Authority is, established under the Act; and

“relevant date”, except in Part 4, means 1st October 2002.

(2) In this Part—

“appropriate Primary Care Trust” means the Primary Care Trust on whose corresponding list an existing practitioner is to be included, pursuant to paragraph 2(1);

“existing practitioner” means a person whose name was, immediately before the relevant date, included in an old list;

“old list” means a list maintained by a Health Authority, pursuant to sections 29, 29A, 36, 39, 42, 43 or 43D of the Act before the relevant date; and

“relevant Strategic Health Authority” means the Strategic Health Authority that, on the relevant date, has the same locality as the Health Authority in relation to whose old list, or in relation to the existing practitioner whose name is included in that list, the matter or question to be determined arises.

(1)

1977 c. 49.

(2)

1997 c. 46.

(3)

Section 29 was extended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17; and amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; by the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 18, and by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 8. Section 29A was inserted by the 1997 Act, section 32, and amended by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 20. Section 36(1) was so numbered by the Health and Social Security Act 1984 (c. 48), Schedule 3, paragraph 5(1) and amended by S.I. 1981/432, article 3(3)(a); by S.I. 1985/39, article 7(1); by the 1988 Act, Schedule 2, paragraph 4; by the 1990 Act, section 24 and by the 1995 Act, Schedule 1, paragraph 25(a). Section 36(3) was inserted by the 1990 Act, section 24(3). Subsections (1A) and (4) to (8) were inserted by the 2001 Act, section 20(4). Section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1), extended by the 1988 Act, section 17, and amended by S.I. 1987/2202, article 4; by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 12(3); by the 1995 Act, Schedule 1, paragraph 30; and by the 2001 Act, section 43(2), (3) and (4). Section 43 was amended by the 1980 Act, sections 1 and 21(2) and Schedule 1, paragraph 55; by S.I. 1985/39, article 7(15); by the 1990 Act, Schedule 9, paragraph 18(2); by the 1995 Act, Schedule 1, paragraph 31; by the 1997 Act, section 29(1) and Schedule 2, paragraph 14; and by the 2001 Act, sections 42(2) and 43(5). Section 43D was inserted by the 2001 Act, section 24.