2010 No. 422

National Health Service

The Community Health Partnerships (Scotland) Amendment Regulations 2010

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 4B(6), 105(7) and 108(1) of, and paragraphs 6 and 11 of Schedule 1 to, the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Community Health Partnerships (Scotland) Amendment Regulations 2010 and come into force on 28th January 2011.

Amendment of the Community Health Partnerships (Scotland) Regulations 20042

1

The Community Health Partnerships (Scotland) Regulations 20042 are amended as follows.

2

In regulation 1(2) (interpretation)—

a

for the definition of “the 1977 Act” substitute—

  • “the 2006 Act” means the National Health Service Act 20063;

  • “the 2006 (Wales) Act” means the National Health Service (Wales) Act 20064;

b

in the definition of “health service body” for “or the Common Services Agency constituted under section 10(1) of the Act” substitute “, the Common Services Agency constituted under section 10(1) of the Act or Healthcare Improvement Scotland established under section 10A(1) of the Act5”.

3

In regulation 3(1) (membership) for sub-paragraphs (c) to (e) substitute—

c

a person registered as a pharmacist in Part 1 of the register maintained under article 19 of the Pharmacy Order 20106 whose name is included in, or who is fully or substantially employed by a person or body whose name is included in, a pharmaceutical list prepared by a Board in accordance with regulation 5(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 20097;

d

a person registered in the principal list of the dentists register maintained under section 14 of the Dentists Act 19848 who is either included in sub-part A of the first part of the dental list prepared by a Board in accordance with regulation 4(1) of the National Health Service (General Dental Services) (Scotland) Regulations 20109 or is performing services by virtue of section 39 of the Act;

e

a person registered in the register of optometrists maintained under section 7 of the Opticians Act 198910 whose name is included in the first part of the ophthalmic list prepared by a Board in accordance with regulation 6(1) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 200611;

4

In regulation 7(2) (disqualification)—

a

in sub-paragraph (e) for “section 29” substitute “section 29B12”;

b

for sub-paragraph (g) substitute—

g

a person who has had their name removed from any list prepared under—

i

Parts 4 to 6 of the 2006 Act by a Primary Care Trust under regulation 10(3) of the National Health Service (Performers Lists) Regulations 200413;

ii

Part 7 of the 2006 Act by virtue of section 151 (except sub-section (5)) of that Act;

iii

Part 4 or 5 of the 2006 (Wales) Act by a Local Health Board under regulation 10(3) of the National Health Service (Performers Lists) (Wales) Regulations 200414; or

iv

Part 6 or 7 of the 2006 (Wales) Act by virtue of section 107 (except sub-section (5)) of that Act,

and has not subsequently had their name included in such a list;

c

in sub-paragraph (h) for “Part I or Part II of the 1977 Act” substitute “Parts 4 to 7 of the 2006 Act or the 2006 (Wales) Act”; and

d

in sub-paragraph (j) for “or by the Charity Commissioner” substitute “, the Charity Commission for England and Wales or by the Charity Commissioners for England and Wales”.

5

In paragraph 3(1) to the Schedule for “these” substitute “there”.

NICOLA STURGEONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Community Health Partnerships (Scotland) Regulations 2004 (“the principal Regulations”).

Regulation 2(2)(a) amends the principal Regulations to take account of the repeal of the National Health Service Act 1977 (c.49) and the enactment of the National Health Service Act 2006 and the National Health Service (Wales) Act 2006.

Regulation 2(2)(b) amends the principal Regulations to recognise the establishment of Healthcare Improvement Scotland as a new health service body by the Public Services Reform (Scotland) Act 2010.

Regulation 2(3) substitutes regulation 3(1)(c) to (e) of the principal Regulations to update references to other enactments.

Substituted regulation 3(1)(c) provides that a registered pharmacist who is not a visiting practitioner and who is, or is employed by, a person or body who is included in a pharmaceutical list prepared under the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 can become a member of a Community Health Partnership.

Substituted regulation 3(1)(d) provides that a dentist who is not a visiting dentist or temporary registrant and who is either included in sub-part A of the first part of the dental list prepared under the National Health Service (General Dental Services) (Scotland) Regulations 2010 or is performing services under section 19 of the National Health Service (Scotland) Act 1978 can become a member of a Community Health Partnership.

Substituted regulation 3(1)(e) provides that an optician who is not a visiting optometrist or body corporate and who is included in the first part of the ophthalmic list prepared under the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 can become a member of a Community Health Partnership.

Regulation 2(4)(a) corrects a reference in regulation 7(2)(e) of the principal Regulations.

Regulation 2(4)(b) and (c) amends regulation 7(2)(g) and (h) of the principal Regulations to take account of the repeal of the National Health Service Act 1977 and the re-enactment of equivalent provisions in the National Health Service Act 2006 and the National Health Service (Wales) Act 2006.

Regulation 2(4)(d) amends the principal Regulations to take account of the abolition of the Charity Commissioner for England and Wales and the creation of the Charity Commission for England and Wales by section 6 of the Charities Act 2006 (c.50).

Regulation 2(5) corrects an error in paragraph 3(1) of the Schedule to the principal Regulations.