The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations—

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

“the Agency” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) established by the Order;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State for Health, and

(b)

in relation to Wales, the National Assembly for Wales;

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

“health service body” means any of the following, namely,—

(a)

a Strategic Health Authority,

(b)

a Health Authority,

(c)

a Special Health Authority,

(d)

a health board constituted under section 2 of the National Health Service (Scotland) Act 1978,

(e)

a Primary Care Trust,

(f)

a Local Health Board,

(g)

the Common Services Agency for the Scottish Health Service,

(h)

an NHS trust, including such a trust established under the National Health Service (Scotland) Act 1978(1),

(i)

the Commission for Health Improvement,

(j)

the Dental Practice Board or the Scottish Dental Practice Board,

(k)

the Public Health Laboratory Service Board,

(l)

the Secretary of State,

(m)

the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,

(n)

a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990,

(o)

a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,

(p)

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991, and

(q)

the Department of Health, Social Services and Public Safety for Northern Ireland;

“member” means a member of the Agency other than the chairman;

“non-officer member” means a member who is not an officer of the Agency;

“the NRPB” means the National Radiological Protection Board established under the Radiological Protection Act 1970(2);

“the Order” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003(3);

“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 prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the Act(4) or a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of the Act(5).

(1)

1978 c. 49.

(2)

1970 c. 46. Relevant amendments have been made by S.I. 1988/1843, article 5(4) and Schedule 3, and by the Health and Safety at Work etc. Act 1974 (c. 37), section 77(1).

(3)

S.I.2003/505.

(4)

Section 29 was extended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17; and amended by the following: the Health Services Act 1980 (c. 53) (“the 1980 Act”), sections 1 and 7 and Schedule 1, paragraph 42(b); the 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); by S.I. 1985/39, article 7(3); the 1995 Act, Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 8; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 17; and the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraph 3; section 36(1) was so numbered by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), Schedule 3, paragraph 5(1) and amended by S.I. 1981/432, article 3(3)(a); by S.I. 1985/39, article 7(10); by the 1988 Act, Schedule 2, paragraph 4; by the 1990 Act, section 24, by the 1995 Act, Schedule 1, paragraph 25(a) and by the 2002 Act, section 2 and Schedule 2, Part I; section 36(4)–(8) was inserted by the 2001 Act, section 20(4)(c); section 39 was extended by the 1988 Act, section 17; and amended by the 1980 Act, sections 1 and 2 and Schedule 1, paragraph 52; by the 1984 Act, section 1(4), Schedule 1, Part 1, paragraph 1 and Schedule 8, Part 1; by S.I. 1985/39, article 7(12); by the 1995 Act, Schedule 1, paragraph 28; by the 1999 Act, section 9(4), the 2001 Act, section 20(5) and 23(4), and the 2002 Act, section 2 and Schedule 2, Part I; section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); extended by the 1988 Act (c.49), section 17; and amended by S.I. 1987/2202, article 4; by the 1990 Act, section 12(3); by the 1995 Act, Schedule 1, paragraph 30; by the 2001 Act, section 43(2), (3) and (4) and by the 2002 Act, section 2 and Schedule 2, Part I. Section 43 was amended by the 1995 Act, section 2(1) and Schedule 1, paragraph 31 and the 2002 Act, section 2 and Schedule 2, Part I.

(5)

Section 43D was inserted by the 2001 Act, section 24.