This Order may be cited as the Health Act 1999 (Fund-holding Practices) (Transfer of Assets, Savings, Rights and Liabilities and Transitional Provisions) Order 1999 and shall come into force on 1st October 1999.

In this Order, unless the context otherwise requires—

• “the 1977 Act” means the National Health Service Act 19772;

• “the 1990 Act” means the National Health Service and Community Care Act 19903;

• “the 1996 Regulations” means the National Health Service (Fund-holding Practices) Regulations 19964 as in force before the coming into force of this Order;

• “allotted sum” means any sum determined by the Secretary of State and payable by the relevant Health Authority in accordance with section 15(1) of the 1990 Act as then in force, or a sum to be determined in accordance with article 14 of this Order;

• “balance agreement” means a written agreement signed on behalf of the Health Authority and by each former member of a fund-holding practice whose portion of the final balance is affected by the agreement, setting out how the final balance of that practice is to be applied for one or more of the purposes set out in article 8(4);

• “final balance” shall be construed in accordance with article 7;

• “former members of a fund-holding practice” means the medical practitioners who—

  1. a

     were members of a fund-holding practice and who—

     1. i

        renounced recognition as a fund-holding practice in accordance with regulation 11 of the 1996 Regulations, or

     2. ii

        had recognition removed in accordance with regulation 32 of the National Health Service (Fund-holding Practices) Amendment Regulations 19995; or

  2. b

     were members of a residual fund-holding practice;

• “fund-holding account” means a bank account (including any account with a building society incorporated under the Building Societies Act 19866) maintained by the former members of a fund-holding practice for the purpose of receiving an allotted sum or any part of it;

• “fund-holding practice” means a fund-holding practice recognised under the 1990 Act as then in force;

• “fund-holding provisions” means sections 14 to 17 of the 1990 Act7;

• “list size” means the number of individuals on the list of patients of a medical practitioner who provides general medical services in accordance with arrangements under section 29 of the 1977 Act8;

• “notice” means notice in writing;

• “part financial year 1999–2000” means the period of the financial year 1999–2000 from 1st April 1999 to 30th September 1999 inclusive;

• “residual fund-holding practice” means a fund-holding practice which was recognised as such for all or part of the part financial year 1999–2000;

• “savings” shall be construed in accordance with regulation 25(1) and (2) of the 1996 Regulations9;

• “transferred assets” shall be construed in accordance with article 2; and

• “written consent” means written consent by the Health Authority to the application of part of the allotted sum for a specific purpose in accordance with regulation 25(2) of the 1996 Regulations or regulation 24 of the National Health Service (Fund-holding Practices) Regulations 199310 as the applicable regulation had effect on the date the consent was given.

In this Order, except where the contrary appears, any reference to a Health Authority is a reference to the relevant Health Authority, construed in accordance with section 15(1B) and (1C)11 of the 1977 Act as in force immediately prior to the coming into force of this Order.

In this Order any reference to the rights and liabilities of the former members of a fund-holding practice is a reference to rights acquired and liabilities incurred in connection with the application of an allotted sum.