The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002

Interpretation

2.—(1) In these Regulations—

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

“the 1990 Act” means the National Health Service and Community Care Act 1990(1);

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(2);

“the 2002 Act” means the National Health Service Reform and Health Care Professions Act 2002(3);

“AIDS” means Acquired Immune Deficiency Syndrome;

“appropriate Strategic Health Authority” means—

(a)

in relation to a Primary Care Trust, the Strategic Health Authority whose area includes any part of the area of that Primary Care Trust;

(b)

in relation to an NHS trust (other than a trust responsible for providing ambulance services), the Strategic Health Authority in whose area all or most of the hospitals, establishments or facilities of the trust are situated; and

(c)

in relation to an NHS trust responsible for providing ambulance services, the Strategic Health Authority in whose area the Headquarters establishment responsible for control of those services is situated;

“financial year” means the period of 12 months ending with 31st March;

“the Health Act” means the Health Act 1999(4);

“the Health and Social Care Act” means the Health and Social Care Act 2001(5);

“HIV” means Human Immunodeficiency Virus;

“LIFT” means a Local Improvement Finance Trust approved by the Secretary of State for the purposes of improving primary care facilities and services in a particular area and “LIFT company” means a Local Improvement Finance Trust company established to deliver the improvements in that area;

“practice patient” means—

(a)

in relation to a medical practitioner who practises 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(6), 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),

other than an individual who is resident in Scotland;

“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;

“the relevant date” means—

(a)

1st April in the financial year preceding the financial year in which the relevant Primary Care Trust falls to be determined;

(b)

in the case of a practitioner providing general medical services and who practises otherwise than in partnership, the date on which he first entered the Primary Care Trust’s medical list;

(c)

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 Primary Care Trust’s medical list;

(d)

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,

whichever is the latest;

“the relevant Primary Care Trust” means—

(a)

in relation to a medical practitioner—

(i)

who provides general medical services under Part 2 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 Primary Care Trust, 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 2 of the Act and do not perform personal medical services in connection with a pilot scheme and whose names are included only in that trust’s medical list,

that trust;

(b)

in relation to any other medical practitioner, the Primary Care Trust in whose area, on the relevant date, most of the practice patients at that date were living;

“research ethics committee” means a committee established to advise on the ethics of research investigations on human beings and recognised for that purpose by or on behalf of the Secretary of State;

“specialised services” means services which are, or are to be, planned, and the provision of which is, or is to be, arranged, by Primary Care Trusts acting jointly or by a joint committee of Primary Care Trusts on behalf of a population of 1 million or more but does not include high security psychiatric services provided under section 4 of the Act;

“walk-in centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State.

(2) In these Regulations—

(a) any reference to a Special Health Authority is to be construed as a reference to a Special Health Authority exercising functions in respect of England;

(b) subject to sub-paragraph (c), any reference to an NHS trust is to be construed as a reference to an NHS trust, all or most of whose hospitals, establishments or facilities are situated in England; and

(c) in regulations 9(4) and (5) and 10(5) and (6), any reference to an NHS trust is to be construed as a reference to an NHS trust whose hospitals, establishments and facilities are situated in either or both of England and Wales.

(1)

1990 c. 19.

(2)

1997 c. 46.

(3)

2002 c. 17.

(4)

1999 c. 8.

(5)

2001 c. 15.

(6)

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