The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003

Amendment of regulation 3 of the principal Regulations

3.—(1) Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.

(2) In paragraph (7)(a)—

(a) in head (i), after “practice patients” there shall be inserted “(other than any such patients who are detained in a prison in England)”; and

(b) for head (ii) there shall be substituted—

“(ii) persons usually resident in its area, or resident outside the United Kingdom who are present in its area, and who do not fall under the responsibility of another Primary Care Trust under head (i) above”.

(3) In paragraph (8), after “class of case”, there shall be inserted “and to paragraph (8A)”.

(4) After paragraph (8), there shall be inserted—

“(8A) Subject to paragraph (8B), a person who is detained in a prison in England, shall, for the period of that detention, be treated as usually resident at the address of the prison in which he is detained.

(8B) Paragraph (8A) shall not apply in relation to the commissioning of psychiatric hospital care for the purposes of the removal of a person detained in prison to a hospital under sections 47 or 48 of the Mental Health Act 1983(1).”.

(1)

1983 c. 20; section 47 was amended by the Crime (Sentences) Act 1997 (c. 43), sections 49(3), 56(2) and Schedule 6; section 48 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 62(10)(a).