The National Health Service (Fund-holding Practices) Amendment Regulations 1999

Amendment of regulation 25 of the principal Regulations

22.—(1) Regulation 25 of the principal Regulations (savings from the allotted sum) is amended as follows.

(2) In paragraph (1)—

(a) for “regulations 19 and 20” substitute “regulation 20”;

(b) omit “22,”, both times that it appears; and

(c) omit “19,”.

(3) For paragraph (2) substitute—

“(2) Subject to paragraphs (3), (3B) and (3C), where the accounts for a financial year of members of a fund-holding practice have been audited in accordance with Part III of the Local Government Finance Act 1982(1), the members of a fund-holding practice may, within the period of four years after the end of that financial year, with the consent of the Health Authority apply any part of the allotted sum paid to them in respect of that financial year for the purposes specified in regulations 20, 23(7)(j) and 24 or any one or more of the following purposes—

(a) the purchase of material or equipment which—

(i) can be used for the treatment of patients of the members of the practice, or

(ii) enhances the comfort or convenience of patients of the members of the practice; or

(b) the purchase of material or equipment relating to health education; or

(c) in relation to any premises from which the members of the practice carry on their practice—

(i) improvements to the premises, including alterations to or decoration of the premises and the purchase of furniture and furnishings, or

(ii) building an extension provided that no acquisition of land is involved; or

(d) the purchase of goods and services as part of an initiative to improve prescribing practices within the fund-holding practice; or

(e) the cost of employing temporary staff.”.

(4) Omit paragraph (2A)(2).

(5) In paragraph (2B)(3), omit “or (2A)”.

(6) In paragraph (3)(4), omit “(a) to (f) or paragraph (2A)”.

(7) In paragraph (3B)(5)—

(a) omit “(a) to (f) or (2A)”, and

(b) for “£90,000 of savings” substitute “£25,000 of savings or 25% of the total savings, whichever is the less”.

(8) For paragraph (3C)(6) substitute—

“(3C) The members of a fund-holding practice shall not in any one financial year apply savings for the purposes specified in paragraph (2) of any amount greater than £25,000 or 25% of the total savings, whichever is the less.”.

(9) After paragraph (3C) insert—

“(3D) In paragraphs (3B) and (3C) “total savings” means the total savings of the practice at the end of the most recent financial year, excluding any amount of savings which, at that date, the members of the fund-holding practice have entered a binding obligation to apply or received consent from the Health Authority to apply.”.

(1)

1982 c. 32, as amended by Schedule 4 to the National Health Service and Community Care Act 1990 (c. 19).

(2)

Paragraph (2A) was inserted by S.I. 1997/747, regulation 14(3).

(3)

Paragraph (2B) was inserted by S.I. 1997/747, regulation 14(3).

(4)

Paragraph (3) was substituted by S.I. 1997/1678 and amended by S.I. 1998/693.

(5)

Paragraph (3B) was inserted by S.I. 1998/693, regulation 11(4).

(6)

Paragraph (3C) was inserted by S.I. 1998/693, regulation 11(4).