Modifications etc. (not altering text)
C1Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table
C2Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1
C3Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1
Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1
[F1(A1)A Health Authority may recognise a committee formed for their area which they are satisfied is representative of—
(a)the medical practitioners providing general medical services or general ophthalmic services in that area;
(b)those medical practitioners and the deputy medical practitioners for that area; or
(c)the medical practitioners mentioned in—
(i)paragraph (a) above; or
(ii)paragraph (b) above,
and the section 28C medical practitioners for that area,
and any committee so recognised shall be called the Local Medical Committee for the area.
(B1)A Health Authority may recognise a committee formed for their area which they are satisfied is representative of—
(a)the dental practitioners providing general dental services in that area;
(b)those dental practitioners and the deputy dental practitioners for that area; or
(c)the dental practitioners mentioned in—
(i)paragraph (a) above; or
(ii)paragraph (b) above,
and the section 28C dental practitioners for that area,
and any committee so recognised shall be called the Local Dental Committee for the area.]
(1)Where [F2a [F3Health Authority are satisfied] that a committee formed for [F3their area] is representative]—
[F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(c)of the ophthalmic opticians . . . F5 providing general ophthalmic services in that [F3area], or
(d)of the persons providing pharmaceutical services in that [F3area],
[F6the Family Health Services Authority] may recognise that committee; and any committee so recognised shall be calledF7. . . the Local Optical Committee or the Local Pharmaceutical Committee, as the case may be, for the [F3area] concerned.
(2)Any such committee may with the [F8approval of the [F9Health Authority]] delegate any of their functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.
[F10(3)For the purposes of this section and section 45 below, a person who meets the condition in subsection (4) below—
(a)is a deputy medical practitioner for the area of a Health Authority if he is a medical practitioner who assists a medical practitioner providing general medical services in that area in the provision of those services but is not himself on a list;
(b)is a section 28C medical practitioner for the area of a Health Authority if he is a medical practitioner who provides or performs personal medical services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another);
(c)is a deputy dental practitioner for the area of a Health Authority if he is a dental practitioner who assists a dental practitioner providing general dental services in that area in the provision of those services but is not himself on a list;
(d)is a section 28C dental practitioner for the area of a Health Authority if he is a dental practitioner who provides or performs personal dental services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another).
(4)The condition referred to in subsection (3) above is that the person concerned has notified the Health Authority that he wishes to be represented under this section by the appropriate committee for their area (and has not notified them that he wishes to cease to be so represented).
(5)For the purposes of subsection (3) above—
(a)a person is to be treated as assisting a medical practitioner or dental practitioner in the provision of services if he is employed by that practitioner for that purpose or if he acts as his deputy in providing those services;and
(b)“list” has the same meaning as in section 46 below.]
Textual Amendments
F1S. 44(A1)(B1) inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purpose and otherwise prosp.) by 1999 c. 8, ss. 11(2), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch.
F2Words commencing “a Family Health” to “locality is representative” substituted (1.10.1991) for words commencing “the Secretary of State” to “is representative” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4)(a); S.I. 1990/2511, art. 3
F3Words in s. 44(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 32(a) (with Sch. 2 paras. 6, 16)
F4S. 44(1)(a)(b) omitted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes) by virtue of 1999 c. 8, ss. 11(3); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch. and repealed (1.4.2000 for E.W.) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 2000/1041, art. 2(c)(d), Sch.
F5Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
F6Words commencing “the Family Health” substituted (1.10.1991) for the word “he” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4)(b); S.I. 1991/2511, art. 3
F7Words in s. 44(1) omitted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes) by virtue of 1999 c. 8, ss. 11(3); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch. and repealed (1.4.2000 for E.W. ) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 2000/1041, art. 2(d), Sch.
F8Words commencing “approval of the” substituted (1.10.1991) for “Secretary of State's approval” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4); S.I. 1991/2511, art. 3
F9Words in s. 44(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 32(b) (with Sch. 2 paras. 6, 16)
F10S. 44(3)-(5) inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 11(4), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch.
Modifications etc. (not altering text)
C4S. 44(1) amended by S.I. 1990/2511, art. 5(1)