The National Care Standards Commission (Membership and Procedure) Regulations 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Care Standards Commission (Membership and Procedure) Regulations 2001 and shall come into force on 9th April 2001.

(2) In these Regulations—

“the Act” means the Care Standards Act 2000;

“the 1977 Act” means the National Health Service Act 1977(1);

“chairman” means, unless the context otherwise requires, the chairman of the Commission;

“health professional” means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999(2) applies or who is a clinical psychologist, child psychotherapist or speech therapist;

“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;

“health service body” means—

(a)

a Health Authority(3), Special Health Authority(4) or NHS trust(5) or a Primary Care Trust(6);

(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(7); or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;

(c)

the Dental Practice Board constituted under section 37(1) of the 1977 Act;

(d)

the Public Health Service Laboratory Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the 1977 Act;

(e)

the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970(8);

“lay member” means a person who is not, and has not within 12 months of the date of appointment been, a social care worker or health professional or otherwise involved in the purchase (except as a private individual) or provision of social or health care services, or in the regulation (including inspection) of social or health care services (except where his involvement is or was as a lay member in relation to a body which regulates the provision of social or health care services.);

“member” in relation to the Commission includes the chairman.

(3) In these Regulations unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation.

(1)

1977 c. 49.

(2)

1999 c. 8.

(3)

See section 8 of the National Health Service Act 1977 as substituted by section 1(1) of the Health Authorities Act 1995 (c. 17) and as amended by paragraph 5 of Schedule 4 to the Health Act 1999.

(4)

See Section 11, as amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53) (“the 1980 Act”), by Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) by paragraph 2 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by paragraph 6 of Schedule 4 to the Health Act 1999 (c. 8).

(5)

See section 5 of the 1990 Act as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 and section 13(1) of the Health Act 1999.

(6)

See section 16A of the National Health Service Act 1977 inserted by section 2(1) of the Health Act 1999.

(7)

1978 c. 29. Section 2 was amended by the Health and Social Services and Social Security Adjudication Act 1983 (c. 41), Schedule 7, paragraph 1 and by the 1990 Act, section 25; section 4 was amended by the Health and Medicines Act 1988 (c. 49), section 12(3) and Schedule 3; section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2 and the 1990 Act, Schedule 10; section 12A was inserted by the 1990 Act, section 31 and amended by section 46(1) of the 1999 Act.

(8)

1970 c. 46.