1.—(1) These Regulations may be cited as the NHS Professionals Special Health Authority Regulations 2003 and shall come into force on 1st January 2004.
(2) These Regulations apply to England only.
(3) In these Regulations—
“the Act” means the National Health Service Act 1977;
“the Authority” means the NHS Professionals Special Health Authority established by the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003(1);
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“health service body” means—
a Strategic Health Authority(2), Special Health Authority(3), Primary Care Trust(4), NHS trust(5) or Local Health Board(6),
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 Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act,
the Dental Practice Board constituted under section 37(1) of the Act,
the Commission for Health Improvement,
the Public Health Laboratory Service Board,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991, and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services under regulations made pursuant to section 29, 36, 39, 42 or 43 of the Act(8) or a list of persons approved for the purpose of assisting in the provision of any such services under regulations pursuant to section 43D of the Act(9).
See section 8 of the National Health Service Act 1977 (c. 49) (“the 1977 Act”).
See section 11 of the 1977 Act.
See section 16A of the 1977 Act.
See section 5 of the 1990 Act.
See section 16BA of the 1977 Act.
Section 29 was extended by section 17 of the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”) and amended by sections 1 and 7 of, and paragraph 42(b) of Schedule 1 to, the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 14 of, and paragraph 2(1) and (2) of Schedule 6 to, the 1983 Act, section 56(1) of, and paragraph 16(a) of Schedule 5 to, the Medical Act 1983 (c. 54), article 7 of S.I. 1985/39, section 2(1) of, and paragraph 18 of Schedule 1 and paragraph 16(a) of Schedule 5 to, the 1995 Act, section 4 of, and paragraph 28(b) of Schedule 1 to, the Medical (Professional Performance) Act 1995 (c. 51), section 41(10) and (12) of, and paragraph 8 of Schedule 2 and Part 1 of Schedule 3 to, the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), sections 17 and 67(2) of, and Part 1 of Schedule 6 to, the 2001 Act and sections 2(5) and 37(1) of, and paragraphs 1 and 3 of Schedule 2 and paragraphs 1 and 2 of Schedule 8 to, the 2002 Act; section 36 was extended by section 17 of the 1988 Act and amended by article 3(3)(a) of S.I. 1981/432, section 5(4) of, and paragraph 5 of Schedule 3 to, the 1984 Act, article 7(10) of S.I. 1985/39, section 25 of, and paragraph 4 of Schedule 2 to, the 1988 Act, section 24(2) and (3) of the 1990 Act, section 2(1) of, and paragraph 25 of Schedule 1 to, the 1995 Act, section 41(10) and (12) of, and paragraph 12 of Schedule 2 and Part 1 of Schedule 3 to, the 1997 Act, section 9(3) of the 1999 Act, sections 20(1) and (4) and 22(1) and (3) of the 2001 Act and section 2(5) of, and paragraphs 1 and 10 of Schedule 2 to, the 2002 Act; section 36(4)–(8) was inserted by section 20(1) and (4)(c) of the 2001 Act; section 39 was extended by section 17 of the 1988 Act and amended by sections 1 and 2 of, and paragraph 52 of Schedule 1 to, the 1980 Act, section 1 of, and paragraph 1 of Schedule 1 and Part 1 of Schedule 8 to, the 1984 Act, article 7(12) of S.I. 1985/39, paragraph 28 of Schedule 1 to the 1995 Act, section 9(4) of the 1999 Act, sections 20(1) and (5) and 23(4) of the 2001 Act and section 2(5) of, and paragraphs 1 and 12 of Schedule 2 to, the 2002 Act; section 42 was substituted by section 3(1) of the National Health Service (Amendment) Act 1986 (c. 66), extended by section 17 of the 1988 Act and amended by article 4 of S.I. 1987/2202, section 12(3) of the 1990 Act, section 2(1) of, and paragraph 30 of Schedule 1 to, the 1995 Act, sections 20(1) and (6), 43(2), (3) and (4) and 67(2) of, and Part 1 of Schedule 6 to, the 2001 Act, section 2(5) of, and paragraphs 1 and 16 of Schedule 2 to, the 2002 Act; section 43 was amended by section 21(2) of the 1980 Act, section 66(1) of, and paragraph 18(2) of Schedule 9 to, the 1990 Act, section 2(1) of, and paragraph 31 of Schedule 1 to, the 1995 Act, sections 29(1) and 41(10) of, and paragraph 14 of Schedule 2 to, the 1997 Act, section 42(2) of the 2001 Act, section 2(5) of, and paragraphs 1 and 17(1), (2) and (3) of Schedule 2 to, the 2002 Act.
Section 43D was inserted by section 24 of the 2001 Act and amended by section 2(5) of, and paragraph 20 of Schedule 2 to, the 2002 Act.