The Health Protection Agency Regulations 2005

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection Agency Regulations 2005.

(2) Regulations 1 to 6 shall come into force on 25 March 2005 and regulation 7 shall come into force on 1 April 2005.

(3) In these Regulations—

“the Act” means the Health Protection Agency Act 2004;

“the Agency” means the Health Protection Agency established by section 1(1) of the Act;

“the chairman” means the chairman of the Agency;

“health service body” means any of the following, namely—

(a)

a Strategic Health Authority,

(b)

a Health Authority,

(c)

a Special Health Authority,

(d)

a health board constituted under section 2 of the National Health Service (Scotland) Act 1978(1),

(e)

a Primary Care Trust,

(f)

a Local Health Board,

(g)

the Common Services Agency for the Scottish Health Service,

(h)

an NHS trust, including such a trust established under the National Health Service (Scotland) Act 1978,

(i)

an NHS foundation trust,

(j)

the Independent Regulator of NHS Foundation Trusts,

(k)

the Commission for Healthcare Audit and Inspection,

(l)

the Dental Practice Board or the Scottish Dental Practice Board,

(m)

the Public Health Laboratory Service Board,

(n)

the Secretary of State,

(o)

the National Assembly for Wales,

(p)

the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972(2),

(q)

a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 1990(3),

(r)

a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972(4),

(s)

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991(5), and

(t)

the Department of Health, Social Services and Public Safety in Northern Ireland;

“the NHS Act” means the National Health Service Act 1977(6);

“the NHS Tribunal” means the Tribunal constituted under section 46 of the NHS Act(7) for England and Wales;

“the NRPB” means the National Radiological Protection Board established under the Radiological Protection Act 1970(8);

“primary care list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the NHS Act;

(b)

the list of persons undertaking to provide general medical services prepared in accordance with regulations made under section 29 of the NHS Act(9) as the list existed on or before 31 March 2004;

(c)

a list of persons approved by a Primary Care Trust or Health Authority for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the NHS Act(10) as such a list existed on or before 31 March 2004; or

(d)

a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997(11) as such a list existed on or before 31 March 2004.

(1)

1978 (c. 49).

(2)

S.I. 1972/1265 (N.I. 14).

(3)

S.I. 1990/247 (N.I. 3).

(4)

S.I. 1972/1265 (N.I. 14).

(5)

S.I. 1991/194 (N.I. 1).

(6)

1977 (c. 49).

(7)

Section 46 was repealed by section 67 of, and paragraph 5 of Schedule 5 and Part 1 of Schedule 6 to, the 2001 Act; the NHS Tribunal, except for prescribed cases, had effect in relation to England until 14 December 2001, and in relation to Wales, until 26 August 2002; see article 2(5) and (6)(b) of S.I. 2001/3738 which sets out prescribed cases for England, and article 2(2) and (3)(b) of S.I. 2002/1919 which sets out prescribed cases for Wales.

(8)

1970 (c. 46).

(9)

Section 29 has been repealed by sections 175(2) and 196 of, and Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(10)

Section 43D was inserted by section 24 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 20 of Schedule 2 to, the 2002 Act; section 43D(1) is repealed in part by section 196 of, and Schedule 14 to, the 2003 Act.

(11)

1997 (c. 46).