The National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003

Statutory Instruments

2003 No. 26

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003

Made

9th January 2003

Laid before Parliament

10th January 2003

Coming into force

1st February 2003

The Secretary of State, in exercise of the powers conferred upon him by sections 15(1) and (1ZA), 29 and 126(4) of the National Health Service Act 1977(1), sections 18 and 64(6) and (8) of the Health and Social Care Act 2001(2) and all other powers enabling him in that behalf, hereby makes the following Regulations:

(1)

1977 c. 49; section 15(1) was amended by: the Health and Social Security Act 1984 (c. 48), section 5(2); the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 12(1); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 6, and the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraph 2. Section 15(1ZA) was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”) Schedule 2, paragraph 4(2), and amended by Schedule 3, paragraph 11 of the 2002 Act. Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17 and amended by: the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; the 1997 Act, Schedule 2, paragraph 8; the Health and Social Care Act 2001 (“the 2001 Act”), section 17; and the 2002 Act, Schedule 2, paragraph 3. Section 126(4) was amended by the 1990 Act, section 65(2). See section 128(1) of the National Health Service Act 1977 as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. As regards Wales, these functions of the Secretary of State under the 1977 Act were transferred to the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the Health Act 1999 and as read with section 40(1) of the 2002 Act.

(2)

2001 c. 15; section 18 was amended by paragraph 72 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002. See section 66 of the 2001 Act, by virtue of which “regulations” means regulations made by the relevant authority which, in relation to England, is the Secretary of State.