The Primary Care Trusts (Functions) (England) Regulations 2000

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

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

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(1);

“appropriate Health Authority” means, in relation to a Primary Care Trust, the Health Authority within whose area the trust is established;

“delegable function” is to be construed in accordance with section 17A(2) of the Act;

“the Functions Regulations” means the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996(2);

“research ethics committee” means a committee established or recognised by a Health Authority to advise on the ethics of research investigations on human beings;

“PCT order” shall be construed in accordance with section 16A(2) of the Act(3);

“population screening programme” means a programme for testing a particular class of persons for the purpose of detecting whether those persons have a particular illness or are at risk of contracting such an illness;

“practice patient” means–

(a)

in relation to a medical practitioner who practices otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act(4), an individual who is on that single list);

(b)

in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act, an individual who is on that single list);

“the relevant date” means–

(a)

1st April 2000;

(b)

1st April in the year preceding the year in which the identity of the relevant Health Authority or relevant Primary Care Trust falls to be determined;

(c)

in the case of a practitioner providing general medical services and who practices otherwise than in partnership, the date on which he first entered the Health Authority’s medical list;

(d)

in the case of a practitioner providing general medical services who is one of two or more practitioners who practise in partnership with each other, the earliest date on which any one of those practitioners entered the Health Authority’s medical list;

(e)

in the case of a practitioner performing personal medical services in connection with a pilot scheme under the 1997 Act, the date on which services were first performed under that scheme; or

(f)

the date on which the Primary Care Trust in question was established, whichever is the latest;

“relevant Health Authority” means–

(a)

in relation to a medical practitioner–

(i)

who provides general medical services under Part II of the Act and does not perform personal medical services in connection with a pilot scheme;

(ii)

whose name is included in the medical list of only one Health Authority; and

(iii)

who practises on his own or in partnership with others all of whom are medical practitioners who provide general medical services under Part II of the Act and do not perform personal medical services in connection with a pilot scheme and whose names are included only in that Authority’s medical list,

that Authority;

(b)

in relation to any other medical practitioner, the Health Authority in whose area, on the relevant date, most of the practitioner’s practice patients at that date were living;

“relevant Primary Care Trust” means, in relation to a medical practitioner, the Primary Care Trust–

(a)

which is in the area of the Health Authority which is the practitioner’s relevant Health Authority, and

(b)

in whose area, at the relevant date, most of the practitioner’s practice patients living at that date in the area of that authority were living.

(2) In Schedule 2, “suspended doctor” means a medical practitioner who is suspended as respects the provision of general medical services by a direction of the Tribunal constituted under section 46 of the Act made pursuant to section 49A(2) or section 49B(1) of the Act (or to any provisions in force in Scotland or Northern Ireland corresponding to those provisions).

(3) For the purposes of these Regulations, the persons for whom a Primary Care Trust is responsible in any year are–

(a) the practice patients of the medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the trust is the relevant Primary Care Trust;

(b) the persons usually resident in the area for which the trust is established and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act.

(4) Subject to any directions which the Secretary of State may give as to any particular case or classes of case, if there is doubt as to where a person is usually resident for the purposes of paragraph (3)(b)–

(a) he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being that at which he usually resides;

(b) where he gives no such address, he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being his most recent address;

(c) where his usual residence cannot be determined under sub-paragraphs (a) and (b) above; he shall be treated as usually resident in the area in which he is present.

(1)

1997 c. 46.

(2)

S.I. 1996/708, as amended by S.I. 1998/646, 1999/628 and 2000/267.

(3)

Section 16A was inserted by section 2(1) of the 1999 Act.

(4)

See section 1 of the 1997 Act for the definition of “pilot scheme”.