The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 2) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order is the second Commencement Order made under the National Health Service Reform and Health Care Professions Act 2002 (“the Act”).

Article 3 brings into force on 1st October 2002 those sections of the Act (and associated Schedules) concerned with the structure of, and financial arrangements for, the health service in England.

Section 1 and Schedule 1 rename Health Authorities in England as Strategic Health Authorities and make amendments consequential on that change of name.

Section 2 and Schedule 2 place a duty on the Secretary of State to establish Primary Care Trusts for the whole of England and reallocate many of the existing functions of Health Authorities to Primary Care Trusts.

Sections 3 to 5 make other amendments consequential on this restructuring.

Sections 7, 8 and 10 change the way in which NHS bodies are funded as a result of the devolution of functions from Health Authorities to Primary Care Trusts.

Schedules 8 and 9 contain minor and consequential amendments and repeals.

Articles 3(3) and 4 make provision for the fact that the amendments to section 97 and 97C of, and Schedule 12A to, the National Health Service Act 1977 made by sections 7, 8 and 10 of the Act will operate initially for part of a financial year only.

Article 5 brings into force on 1st October section 35 of the Act which extends the powers conferred by section 60 of the Health Act 1999 (which deals with the modification of legislation governing the regulation of health care professions) to bring those powers in respect of pharmacy more into line with those for other professions.