SCHEDULE 1Amendments Supplementary and Consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003
Medicines (Pharmacy and General Sale – Exemption) Order 19801
In article 4A of the Medicines (Pharmacy and General Sale – Exemption) Order 1980(3) (exemption for the supply of medicinal products by national health service bodies), after paragraph (1)(c), there is inserted—
cc
an NHS foundation trust;
Mental Health Act Commission Regulations 19832
In regulation 9 of the Mental Health Act Commission Regulations 19834 (application of regulations relating to membership), after “10(1)(a) to (e)” there is inserted “and (m)”.
Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 19863
In paragraph 2(3) of the Schedule to the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 19865 (exempted vehicles), in sub-paragraph (a) of the definition of “health service body”, after “National Health Service Act 1977)” there is added “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”.
Housing (Right to Buy) (Prescribed Forms) Regulations 19864
In the list of public sector landlords at the end of the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 19866 (form RTB1), after “National Health Service trusts” there is inserted “NHS foundation trusts”.
National Health Service (Charges to Overseas Visitors) Regulations 19895
In regulation 1(2) of the National Health Service (Charges to Overseas Visitors) Regulations 19897 (citation, commencement and interpretation), at the end of the definition of “services forming part of the health service”, after “private patients of NHS trusts)”, there is added “or made available or provided by an NHS foundation trust to a patient other than for the purposes of the health service”.
Regional and District Health Authorities (Membership and Procedure) Regulations 19906
1
The Regional and District Health Authorities (Membership and Procedure) Regulations 19908 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after sub-paragraph (f), there is added—
and
- a
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 13(1) (disqualification for appointment), after sub-paragraph (i) there is added—
;or
j
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
National Health Service Trusts (Membership and Procedure) Regulations 19907
1
The National Health Service Trusts (Membership and Procedure) Regulations 19909 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after paragraph (g) there is added—
h
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 11 (disqualification for appointment of chairman and non-executive directors)—
a
in paragraph (1)—
i
at the end of sub-paragraph (e) after “body” there is added “other than an NHS foundation trust” ;
ii
after sub-paragraph (e), there is inserted—
ee
he is a chairman, director or employee of an NHS foundation trust; or
iii
after sub-paragraph (h) there is added—
;or
i
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
b
in paragraph (3) for “the health service body”, there is substituted “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”; and
c
in paragraph (4) after “(1)(e)” there is inserted “or (1)(ee)”.
United Kingdom Transplant Support Service Authority Regulations 19918
In the opening words of regulation 8 of the United Kingdom Transplant Support Service Authority Regulations 199110 (application of regulations relating to membership and procedure), for “regulation 13(1)(a), (b), (c) and (e)”, there is substituted “regulation 13(1)(a) to (c), (e) and (j)”.
Children (Secure Accommodation) Regulations 19919
In regulation 7 of the Children (Secure Accommodation) Regulations 199111 (children to whom section 25 of the Act shall apply and have effect subject to modifications)—
a
in paragraph (1)(a) after “1990” there is inserted “, NHS foundation trusts”;
b
in paragraph (2)(a) after “1990” there is inserted “, an NHS foundation trust”; and
c
in paragraph (2)(b) after “National Health Service trusts” there is inserted “, NHS foundation trusts”.
Children (Secure Accommodation) (No. 2) Regulations 199110
In regulation 2(1) of the Children (Secure Accommodation) (No. 2) Regulations 199112 (applications to court-special cases), after “1990” there is inserted “, an NHS foundation trust”.
National Health Service (Pharmaceutical Services) Regulations 199211
In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 199213 (interpretation), in the definition of “prescription form” for “or an NHS trust” there is substituted “an NHS trust or NHS foundation trust”.
Housing (Right to Buy) (Prescribed Persons) Order 199212
In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 199214 after “a National Health Service trust constituted under section 5 of the National Health Service and Community Care Act 1990”, there is inserted “an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”.
Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199213
After regulation 7A(2)(a) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199215 (prescription for the purposes of jurisdiction), there is inserted—
aa
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
National Blood Authority Regulations 199314
In regulation 6(1)(b) of the National Blood Authority Regulations 199316 (application of regulations relating to membership and procedure), after “13(1)(a) to (e)”, there is inserted “and (j)”.
Redundancy Payments (National Health Service) (Modification) Order 199315
In Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 199317 (employment to which this order applies: employers immediately before the relevant event), after paragraph 2 there is inserted—
2ZA
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
National Health Service Pension Scheme Regulations 199516
1
The National Health Service Pension Scheme Regulations 199518 are amended as follows.
2
In regulation A2 (interpretation)—
a
in the definition of “employing authority” after paragraph (c) there is inserted—
cc
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,
b
in the definition of “NHS dental employee” before paragraph (aa) there is inserted—
zaa
an NHS foundation trust;
Family Health Services Appeal Authority Regulations 199517
In regulation 7(1)(e) of the Family Health Appeal Authority Regulations 199519 (disqualification for appointment), after “member” there is inserted “or governor”.
National Health Service (Injury Benefits) Regulations 199518
In regulation 2 of the National Health Service (Injury Benefits) Regulations 199520 (interpretation), in paragraph (1)—
a
in the definition of “employing authority”, after paragraph (c) there is inserted—
cc
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,
b
in the definition of “NHS dental employee”, before paragraph (aa), there is inserted—
zaa
an NHS foundation trust;
National Health Service Litigation Authority Regulations 199519
1
The National Health Service Litigation Authority Regulations 199521 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body” after “Health and Social Care Act 2001” there is added “or the Independent Regulator of NHS Foundation Trusts”.
3
In regulation 7 (disqualification for appointment), in paragraph (1)—
a
in sub-paragraph (e) “or” is omitted; and
b
after sub-paragraph (e) there is inserted—
ee
he is a chairman, chief executive or non-executive director of an NHS foundation trust; or
c
after sub-paragraph (f) there is added—
; or
g
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
National Health Service (Clinical Negligence Scheme) Regulations 199620
In regulation 3(1) of the National Health Service (Clinical Negligence Scheme) Regulations 199622 (eligible bodies), after paragraph (a) there is inserted—
aa
an NHS foundation trust,
National Health Service (Existing Liabilities Scheme) Regulations 199621
In regulation 3 of the National Health Service (Existing Liabilities Scheme) Regulations 199623 (eligible bodies)—
a
in paragraph (a)(iii) “or” is omitted; and
b
after paragraph (a)(iii) there is inserted—
iiia
an NHS foundation trust, or
National Health Service (Appointment of Consultants) Regulations 199622
In regulation 2(1) of the National Health Service (Appointment of Consultants) Regulations 199624 (interpretation), in paragraph (a) of the definition of “lay member” for “or any NHS trust,” there is substituted “, NHS trust or NHS foundation trust,”.
Health Authorities (Membership and Procedure) Regulations 199623
1
The Health Authorities (Membership and Procedure) Regulations 199625 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body” after paragraph (e) there is added—
and
f
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 10 (disqualification for appointment) in paragraph (1)—
a
after sub-paragraph (h), there is inserted—
hh
he is a chairman or non-executive director of an NHS foundation trust;
b
after sub-paragraph (l), there is added—
m
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199624
In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199626 (citation, commencement and interpretation), after sub-paragraph (vii) there is inserted—
viia
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199625
In regulation 6(2) of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199627 (consultation), at the end of the definition of “appropriate NHS trust” there is added “and NHS foundation trust has the meaning given by section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”.
Construction Contracts (England and Wales) Exclusion Order 199826
After article 3 of the Construction Contracts (England and Wales) Exclusion Order 199828 (agreements under statute), there is inserted—
Other Agreements3A
1
A construction contract is excluded from the operation of Part II if it is an externally financed development agreement entered into by an NHS foundation trust.
2
In this article “externally financed development agreement” has the same meaning as in section 1 of the National Health Service (Private Finance) Act 1997 reading references in subsections (3) and (5) of that section to the trust as references to an NHS foundation trust.
National Institute for Clinical Excellence Regulations 199927
In regulation 5(1) of the National Institute for Clinical Excellence Regulations 199929 (disqualification for appointment), after sub-paragraph (e), there is added—
; or
f
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
National Health Service Estate Management and Health Building Agency Trading Fund Order 199928
In Schedule 1 to the National Health Service Estate Management and Health Building Agency Trading Fund Order 1999 30 (funded operations), in paragraph (1)(ii) after “1990” there is inserted “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”.
National Health Service Information Authority Regulations 199929
In regulation 3(1) of the National Health Service Information Authority Regulations 199931 (disqualification for appointment), after sub-paragraph (e), there is added—
; or
f
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
National Health Service (Liabilities to Third Parties Scheme) Regulations 199930
In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 199932 (eligible bodies) after paragraph (a) there is inserted—
aa
an NHS foundation trust,
National Health Service (Property Expenses Scheme) Regulations 199931
In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 199933 (eligible bodies) after paragraph (a) there is inserted—
aa
an NHS foundation trust,
Motor Vehicles (Driving Licences) Regulations 199932
In regulation 9(6) of the Motor Vehicles (Driving Licences) Regulations 199934 (minimum ages for holding or obtaining licences), after sub-paragraph (b) there is inserted—
bb
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care Act 2003, or
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200033
1
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 35 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after paragraph (f) there is added—
g
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 5(1) (disqualification for appointment: chairman and non-officer members)—
a
after sub-paragraph (f) there is inserted—
ff
he is a chairman or non-executive director of an NHS foundation trust; and
b
after sub-paragraph (j) there is added—
;
k
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Data Protection (Subject Access Modification) (Social Work) Order 200034
In the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 200036 (personal data to which this order applies), in paragraph 1—
a
after sub-paragraph (l)(ii) there is inserted—
iiza
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
b
after sub-paragraph (m) there is inserted—
mm
data processed by an NHS foundation trust as referred to in sub-paragraph (l) (iiza) above in the exercise of any functions similar to any social services functions of a local authority;
NHS Bodies and Local Authorities Partnership Arrangements Regulations 200035
In regulation 3 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 200037 (prescribed NHS bodies and local authorities), in paragraph (1)—
a
in sub-paragraph (b) “and” is omitted; and
b
in sub-paragraph (c) after “trust” there is inserted—
and
d
an NHS foundation trust
National Treatment Agency Regulations 200136
In regulation 3(1) of the National Treatment Agency Regulations 200138 (disqualification for appointment), after sub-paragraph (f), there is added—
;
g
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
National Health Service Appointments Commission Regulations 200137
In regulation 3(1) of the National Health Service Appointments Commission Regulations 200139 (disqualification for appointment)—
a
after sub-paragraph (f), there is inserted—
ff
he is a chairman or a non-executive director of an NHS foundation trust;
b
after sub-paragraph (j) there is added—
; or
k
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 200138
In Schedule 3 to the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 200140 (health sector bodies), in paragraph 1, after sub-paragraph (b), there is inserted—
bb
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
National Patient Safety Agency Regulations 200139
In regulation 3(1) of the National Patient Safety Agency Regulations 200141 (disqualification for appointment), after sub-paragraph (e) there is added—
;
f
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Care Homes Regulations 200140
In regulation 3(1) of the Care Homes Regulations 200142 (excepted establishments), after sub-paragraph (b)(ii) there is inserted—
or
iii
in an NHS foundation trust;
National Health Service (Compensation for Premature Retirement) Regulations 200241
In regulation 2(1) of the National Health Service (Compensation for Premature Retirement) Regulations 200243 (interpretation), in the definition of “employing authority”, after paragraph (b), there is inserted—
bb
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 200242
In regulation 1(2) of the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 200244 (citation, commencement and interpretation), there is inserted in the appropriate alphabetical position—
“NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.
Commission for Patient and Public Involvement in Health (Functions) Regulations 200243
In regulation 8(2) of the Commission for Patient and Public Involvement in Health (Functions) Regulations 2002 45 (obtaining information) after sub-paragraph (c), there is inserted—
cc
an NHS foundation trust;
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 200244
1
The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 200246 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation) in the definition of “health service body” after paragraph (c) there is added—
d
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 5(1) (disqualification for appointment), after sub-paragraph (j) there is added—
; or
k
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Counter Fraud and Security Management Service Regulations 200245
1
The Counter Fraud and Security Management Service Regulations 200247 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), in the definition of “health service body” after paragraph (c) there is added—
and
d
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 3(1) (disqualification for appointment) after sub-paragraph (h) there is added—
;
i
he is the chairman, chief executive or a non-executive director of an NHS foundation trust;
j
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 200246
1
The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 200248 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), there is inserted in the appropriate alphabetical and numerical position—
a
“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003
b
“authorisation” means an authorisation given by the Independent Regulator of NHS Foundation Trusts under section 6 of the 2003 Act
c
“protected goods or services” means in relation to an NHS foundation trust, goods or services which that trust is required by virtue of section 14(4) of the 2003 Act to provide under the terms of its authorisation.
3
In regulation 4 (consultation of committees by local NHS bodies)—
a
at the end of the heading there is added “other than NHS foundation trusts”; and
b
in paragraph (1) after “local NHS body” there is inserted “other than an NHS foundation trust,”.
4
After regulation 4 there is inserted—
4A
Consultation of Committees by NHS foundation trusts
1
This regulation applies where—
a
an NHS foundation trust proposes to make an application to the Independent Regulator of NHS Foundation Trusts (“the regulator”), to vary the terms of its authorisation; and
b
that application if successful would result in a substantial variation of the provision by an NHS foundation trust of protected goods or services in the area of a local authority.
2
Where this regulation applies the NHS foundation trust shall consult the overview and scrutiny committee of the local authority referred to in paragraph (1)(b).
3
Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by an NHS foundation trust pursuant to paragraph (1), may make comments on the proposed application by such date as may be specified by the NHS foundation trust.
4
In any case where an overview and scrutiny committee is not satisfied that consultation on any application referred to in paragraph (1) has been adequate in relation to content or time allowed it may report to the regulator in writing and the regulator may require the NHS foundation trust to carry out such consultation, or such further consultation with the overview and scrutiny committee as it considers appropriate.
5
In any case where an overview and scrutiny committee considers that the proposed application would not be in the interests of the health service in the area of the committee’s local authority, it may report to the regulator in writing and the regulator shall have regard to the report in accordance with section 9(2) of the 2003 Act.
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 200347
1
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 200349 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, after paragraph (h) there is added—
hh
an NHS foundation trust,
hhh
the Independent Regulator of NHS Foundation Trusts,
3
In regulation 3 (disqualification for appointment)—
a
in paragraph (1)—
i
in sub-paragraph (d) after “NRPB”, in the first place that it occurs, there is inserted “and in the case of an NHS foundation trust as a governor of a trust,”;
ii
in sub-paragraph (h)(iii) “or” is omitted; and
iii
after sub-paragraph (h)(iii) there is inserted—
iiia
an NHS foundation trust;
iv
after sub-paragraph (h) there is added—
or;
i
he is the chairman or other member of the Independent Regulator of NHS Foundation Trusts.
b
for paragraph (3) there is substituted—
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been—
a
the chairman or member or director of the NRPB or a health service body other than an NHS foundation trust; or
b
the chairman, a governor or non-executive director of an NHS foundation trust.
New Schools (General) (England) Regulations 200348
In Schedule 1 to the New Schools (General) (England) Regulations 200350 (appointment of temporary community governors at community special schools or foundation special schools), in paragraph 2(1)(a)—
a
“either” is omitted; and
b
after sub-paragraph (ii) there is inserted—
or
iii
the NHS foundation trust;
Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 200349
In regulation 2 of the Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 200351 (patient advocacy and liaison service)—
a
in paragraph (a), “or” is omitted; and
b
after paragraph (a), there is inserted—
aa
an NHS foundation trust; or.
Patients' Forums (Membership and Procedure) Regulations 200350
1
The Patients' Forums (Membership and Procedure) Regulations 200352 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), in the definition of “health service body” after paragraph (c) there is added—
d
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 4(1) (disqualification for appointment)—
a
after sub-paragraph (d) there is inserted—
dd
he is a member of the board of directors or an employee of the NHS foundation trust for which the Forum is established;” and
ddd
he is a member of the board of governors of an NHS foundation trust, unless the Patients' Forum in question is specified in the constitution of that trust as a partnership organisation
b
after sub-paragraph (m), there is added—
;
n
he is the chairman or another member of the Independent Regulator of NHS foundation Trusts.
Patients' Forums (Functions) Regulations 200351
1
The Patients' Forums (Functions) Regulations 200353 are amended as follows.
2
In regulation 3 (entry and inspection of premises)—
a
in paragraph (3) after sub-paragraph (d) there is inserted—
dd
NHS foundation trusts;
b
in paragraph (4)(a), for “(d)” there is substituted “(dd)”.
3
In regulation 5 (obtaining information) after paragraph (3)(b), there is inserted—
bb
an NHS foundation trust;
4
In regulation 8(5) (annual and other reports) for sub-paragraphs (a) and (b) there is substituted—
a
in the case of an NHS trust or a Primary Care Trust—
i
the Strategic Health Authority responsible for the performance management of that trust; and
ii
a relevant overview and scrutiny committee (within the meaning given in section 15(9) of the Act); and
b
in the case of an NHS foundation trust—
i
the Independent Regulator of NHS Foundation Trusts; and
ii
a relevant overview and scrutiny committee (within the meaning given in section 15(9) of the Act).
NHS Professionals Special Health Authority Regulations 200352
1
The NHS Professionals Special Health Authority Regulations 200354 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), in the definition of “health service body” after paragraph (f) there is added—
ff
the Independent Regulator of NHS Foundation Trusts,
3
In regulation 3(1) (disqualification for appointment), after sub-paragraph (h) there is added—
;
i
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Commission for Social Care Inspection (Membership) Regulations 200353
1
The Commission for Social Care Inspection (Membership) Regulations 200355 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), in the definition of “health service body” after paragraph (d) there is inserted—
dd
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 4(1) (disqualification for appointment or from holding office) after sub-paragraph (m) there is added—
; or
n
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts.
Commission for Healthcare Audit and Inspection (Membership) Regulations 200354
1
The Commission for Healthcare Audit and Inspection (Membership) Regulations 200356 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body” after paragraph (c) there is inserted—
cc
the Independent Regulator of NHS Foundation Trusts;
3
In regulation 4 (disqualification for appointment or from holding office), —
a
in paragraph (1) after sub-paragraph (l) there is added—
; or
m
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts
b
in paragraph (3)—
i
in sub-paragraph (a) after “body” there is added “other than an NHS foundation trust”; and
ii
after sub-paragraph (a) there is inserted—
aa
the chairman, or a governor or a non-executive director of an NHS foundation trust, or”.
Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 200455
In article 2 of the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 200457 after paragraph (2)(b) there is inserted—
bb
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
SCHEDULE 2Enactments where after “National Health Service Trust”, “National Health Service trust”, “NHS Trust” or “NHS trust” there is inserted “or NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Charges for Appliances) Regulations 197458 | Regulation 6(3) in the first place “NHS trust” occurs |
Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 198059 | Schedule 1 in paragraph (c) of the entry relating to “a person other than an excepted person who carries on business consisting (wholly or partly) of supplying medicinal products in circumstances corresponding to retail sale” |
Medicines (Pharmacy and General Sale Exemption) Order 198060 | Schedule 3, Part II, in the entry in column 1 relating to an NHS trust |
Mental Health Review Tribunal Rules 198361 | Rule 7(e) Rule 8(2)(b) |
National Health Service (Charges to Overseas Visitors) Regulations 198962 | Regulation 1(2) in the definition of “treatment the need for which arose during the visit” Regulation 2 Regulation 4(a) Regulation 8 |
Family Health Services Authorities (Membership and Procedure) Regulations 199063 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
Regional and District Health Authorities (Membership and Procedure) Regulations 199064 | Regulation 13(1)(g) |
National Health Service (General Dental Services) Regulations 199265 | Regulation 4(7)(a)(vii) |
Dental Vocational Training Authority Regulations 199366 | Regulation 5(1)(b)(iii) |
Family Health Services Appeal Authority Regulations 1995 67 | Regulation 7(1)(g) |
National Health Service (Appointment of Consultants) Regulations 199668 | Regulation 5(1)(e)(ii) |
Welfare Food Regulations 199669 | Regulation 2(1)(a) in the definition of “clinic” |
National Health Service (Wheelchair Charges) Regulations 199670 | Regulation 1(2) in the definition of “standard wheelchair” Regulation 1(2) in the definition of “user” Regulation 2(1) |
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199671 | Regulation 6(1) item 6 in the entry in column (3) relating to item 6(a) in the table Regulation 6(2) in the definition of “appropriate NHS trust” after “NHS trust”, and “National Health Service trust” in the first place that it occurs |
National Health Service (Optical Charges and Payments) Regulations 199772 | Regulation 1(2) in the definition of “responsible authority” Regulation 1(2) in the definition of “voucher” Regulation 8(5) Regulation 10 |
Regulation 11 Schedule 1 item 9 column 1 | |
Schedule 1 item 10 column 1 Schedule 2 paragraph (1)(g) | |
Prescription Only Medicines (Human Use) Order 199773 | Article 12A paragraph (1)(c) Article 12A paragraph (2)( c) Schedule 7 Part II in the entry relating to an NHS trust in column 1 |
Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 199874 | Regulation 3(2) |
Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 199975 | Regulation 2(2)(c) Regulation 3(4)(c) |
Health Development Agency Regulations 199976 | Regulation 3(1)(d) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200077 | Regulation 5(4)(c) |
National Health Service (Charges for Drugs and Appliances) Regulations 200078 | Regulation 7(7) |
Homeless Persons (Priority Need) (Wales) Order 200179 | Regulation 3(2)(d)(ii) |
National Health Service Appointments Commission Regulations 200180 | Regulation 3(1)(j) |
School Governance (Constitution) (England) Regulations 200381 | Schedule 3 paragraph 2(1)(b) |
School Organisation Proposals by the Learning and Skills Council for England Regulations 200382 | Regulation 4(7)(c) Regulation 16(2)(e) |
Strategic Health Authorities (Consultation on Changes) Regulations 200383 | Regulation 2(2)(b) Regulation 2(2)(f) |
Patients' Forums (Membership and Procedure) Regulations 200384 | Regulation 2(1) |
Patients' Forums (Functions) Regulations 200385 | Regulation 2(1) Regulation 2(2) Regulation 3(1)(b) |
SCHEDULE 3Enactments where after “National Health Service Trust”, “National Health Service trust” or “NHS trust” there is inserted “, NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Venereal Diseases) Regulations 197486 | Regulation 2 |
Medicines (Pharmacy and General Sale-Exemption) Order 1980 | Schedule 3 Part II in the entry in column 2 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a health authority, a Special Health Authority, an NHS Trust or a Primary Care Trust |
Social Security (Claims and Payments) Regulations 198787 | Regulation 43(6) |
National Health Service (Dental Charges) Regulations 198988 | Regulation 4(4) in the second place that “NHS trust” occurs |
Children (Secure Accommodation) (No. 2) Regulations 199189 | Regulation 2(1) in the second place that it occurs |
National Health Service (Optical Charges and Payments) Regulations 1997 | Regulation 2(2) |
Prescription Only Medicines (Human Use) Order 1997 | Schedule 7 Part II in the entry in column 2 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS Trust or a Primary Care Trust |
National Health Service (Vocational Training for General Medical Practice) Regulations 199790 | Regulation 14(3)(d) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
National Health Service (Charges for Drugs and Appliances) Regulations 2000 | Regulation 5(3) Regulation 5(6) Regulation 6(1) Regulation 6(3) Regulation 6(5) Regulation 10(3) Regulation 11 |
National Health Service (Travel Expenses and Remission of Charges) Regulations 200391 | Regulation 12(1) in the second and fourth places that it occurs |
Patients' Forums (Membership and Procedure) Regulations 200392 | Regulation 2(3)(a) |
Patients' Forums (Functions) Regulations 2003 | Regulation 7 Regulation 8(3)(a) and (c) Regulation 8(4) Regulation 8(6) |
NHSU Regulations 200393 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
NHS Professionals Special Health Authority Regulations 200394 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 200395 | Schedule 1 paragraph 9 |
SCHEDULE 4Enactments where after “National Health Service Trust” or “National Health Service trust” or “NHS Trust”, there is inserted “, an NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Pharmacy and General Sale – Exemption) Order 1980 | Schedule 3 Part II in the entry in column 1 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a health authority, a Special Health Authority, an NHS trust or a Primary Care Trust |
Title of enactment | Provisions to be amended |
National Health Service (Dental Charges) Regulations 1989 | Regulation 5(4) |
Family Health Services Authorities (Membership and Procedure) Regulations 1990 | Regulation 6(1)(f) |
National Health Service Trusts (Membership and Procedure) Regulations 1990 | Regulation 1(2) in the definition of “health service body” |
National Health Service Pension Scheme Regulations 199596 | Regulation A2 in paragraph (b) of the definition of “practitioner” Regulation B2(e) Regulation E3(4)(c) Regulation E4(4)(c) Regulation R11(1)(h)(i) and (ii) |
National Health Service Litigation Authority Regulations 199597 | Regulation 1(2) in the definition of “health service body” |
National Health Service (Appointment of Consultants) Regulations 1996 | Regulation 5(1)(d) |
Health Authorities (Membership and Procedure) Regulations 1996 | Regulation 1(2) in paragraph (a) of the definition of “health service body” Regulation 10(1)(j) |
Prescription Only Medicines (Human Use) Order 1997 | Schedule 7 Part II in the entry in column 1 relating to a person who supplies medicinal products pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS trust or a Primary Care Trust |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 5(1)(i) |
National Health Service (Charges for Drugs and Appliances) Regulations 2000 | Regulation 2(1) in the definition of “prescription form” Regulation 5(1) |
Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 200298 | Regulation 3(3)(a) |
National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 | Regulation 3(1)(a)(ii) Regulation 12(1) in the first and third place that it occurs Regulation 12(2) |
SCHEDULE 5Enactments where for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Charges for Appliances) Regulations 1974 | Regulation 5 Regulation 6(1) Regulation 6(3) Regulation 6(4) |
National Health Service (Dental Charges) Regulations 1989 | Regulation 4(4)(b) Regulation 6(1) Regulation 8 Regulation 11(3) |
Human Organ Transplants (Supply of Information) Regulations 198999 | The Schedule to the Regulations Part I paragraph 1 The Schedule to the Regulations Part II paragraph 1 |
National Care Standards Commission (Registration) Regulations 2001100 | Schedule 2 paragraph 8 |
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002101 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Counter Fraud and Security Management Service Regulations 2002102 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002103 | Regulation 1(3) in the definition of “local NHS body” |
Patients' Forums (Membership and Procedure) Regulations 2003 | Regulation 1(3) in paragraph (a) of the definition of “health service body” |
Patients' Forums (Functions) Regulations 2003 | Regulation 8(1) |
SCHEDULE 6Enactments where for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service (Dental Charges) Regulations 1989 | Regulation 5(1)(b) |
Human Organ Transplants (Supply of Information) Regulations 1989 | Regulation 2(1)(a) Regulation 2(2)(a) |
Regional and District Health Authorities (Membership and Procedure) Regulations 1990 | Regulation 1(2) in paragraph (a) of the definition of “health service body” |
Family Health Services Appeal Authority Regulations 1995 | Regulation 1(2) in the definition of “health service body” |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 1(2) in paragraph (e) of the definition of “nurse” |
SCHEDULE 7Enactments where after an entry relating to a “National Health Service Trust” or “national health service trust” there is inserted ““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,”
SCHEDULE 8Enactments where there is inserted in the appropriate alphabetical position ““NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Pharmacy and General Sale— Exemption) Order 1980 | Article 1(2)(a) |
Mental Health Review Tribunal Rules 1983 | Rule 2(1) |
National Health Service (Charges to Overseas Visitors) Regulations 1989 | Regulation 1(2) |
Human Organ Transplants (Supply of Information) Regulations 1989 | Regulation 1(2) |
Welfare Food Regulations 1996 | Regulation 2(1) |
Prescription Only Medicines (Human Use) Order 1997 | Article 1(2) |
SCHEDULE 9Enactments where after “1978” there is added “or an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003”
Title of enactment | Provisions to be amended |
|---|---|
Medicines (Sale or Supply)(Miscellaneous Provisions) Regulations 1980 | Schedule 1 in the entry relating to a National Health Service trust |
Litter Controls Areas Order 1991106 | Article 2(1)(j)(xii) |
SCHEDULE 10Enactments where for the definition of “health service body” there is substituted ““health service body” means (a) a body listed in section 4 of the National Health Service and Community Care Act 1990; (b) an NHS foundation trust; (c) the Independent Regulator of NHS Foundation Trusts ;”
Title of enactment | Provisions to be amended |
|---|---|
National Institute for Clinical Excellence Regulations 1999107 | Regulation 1(2) |
National Health Service Information Authority Regulations 1999108 | Regulation 1(2) |
National Treatment Agency Regulations 2001109 | Regulation 1(2) |
National Health Service Appointments Commission Regulations 2001110 | Regulation 1(3) |
National Patient Safety Agency Regulations 2001111 | Regulation 1(3) |
SCHEDULE 11Enactments where for the definition of “health service body” there is substituted ““health service body” means (a) a body listed in section 4 of the National Health Service and Community Care Act 1990; (b) an NHS foundation trust;”
SCHEDULE 12Enactments where after “director” there is inserted “or governor”
Title of enactment | Provisions to be amended |
|---|---|
National Health Service Trusts (Membership and Procedure) Regulations 1990114 | Regulation 11(1)(d) |
National Health Service Litigation Authority Regulations 1995115 | Regulation 7(1)(d) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 5(1)(d) |
National Health Service Information Authority Regulations 1999 | Regulation 3(1)(d) |
Health Development Agency Regulations 1999 | Regulation 3(1) (e) |
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000116 | Regulation 5(1)(d) |
National Clinical Assessment Authority Regulations 2000 | Regulation 3(1)(d) |
National Treatment Agency Regulations 2001 | Regulation 3(1)(e) |
National Health Service Appointments Commission Regulations 2001 | Regulation 3(1)(h) |
National Patient Safety Agency Regulations 2001 | Regulation 3(1)(d) |
Commission for Patient and Public Involvement in Health (Membership and Procedure ) Regulations 2002117 | Regulation 5(1)(d) |
Counter Fraud and Security Management Service Regulations 2002118 | Regulation 3(1)(d) |
Patients' Forums (Membership and Procedure) Regulations 2003119 | Regulation 4(1)(b) |
NHSU Regulations 2003120 | Regulation 3(1)(d) |
NHS Professionals Special Health Authority Regulations 2003121 | Regulation 3(1)(d) |
Commission for Social Care Inspection (Membership) Regulations 2003122 | Regulation 4(1)(g) Regulation 4(1)(h) |
Commission for Healthcare Audit and Inspection (Membership) Regulations 2003123 | Regulation 4(1)(h) Regulation 4(1)(i) |
SCHEDULE 13Enactments where for “a health service body” there is substituted “or, in the case of an NHS foundation trust the chairman, a governor or a non-executive director of, the health service body in question”
Title of Enactment | Provisions to be amended |
|---|---|
National Health Service Litigation Authority Regulations 1995 | Regulation 7(3) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 5(3) |
National Health Service Information Authority Regulations 1999 | Regulation 3(3) |
Health Development Agency Regulations 1999 | Regulation 3(3) |
National Clinical Assessment Authority Regulations 2000 | Regulation 3(3) |
National Treatment Agency Regulations 2001 | Regulation 3(3) |
National Health Service Appointments Commission Regulations 2001 | Regulation 3(3) |
National Patient Safety Agency Regulations 2001 | Regulation 3(3) |
Commission for Patient and Public Involvement in Health (Membership and Procedure ) Regulations 2002 | Regulation 5(3) |
Commission for Social Care Inspection (Membership) Regulations 2003 | Regulation 4(3) |
SCHEDULE 14Enactments where for “a health service body” there is substituted “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”
Title of Enactment | Provisions to be amended |
|---|---|
Regional and District Health Authorities (Membership and Procedure) Regulations 1990124 | Regulation 13(3) |
Family Health Services Appeal Authority Regulations 1995125 | Regulation 7(3) |
Health Authorities (Membership and Procedure) Regulations 1996126 | Regulation 10(3) |
Primary Care Trust (Membership, Procedure and Administration Arrangements) Regulations 2000 | Regulation 5(3) |
SCHEDULE 15Enactments where after “directors of,” there is inserted, “or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of”
Title of Enactment | Provisions to be amended |
|---|---|
Patients' Forums (Membership and Procedure) Regulations 2003 | Regulation 4(2) |
NHSU Regulations 2003 | Regulation 3(3) |
NHS Professionals Special Health Authority Regulations 2003 | Regulation 3(3) |
SCHEDULE 16Enactments where there is inserted in the appropriate alphabetical position ““Independent Regulator of NHS Foundation Trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003”
Title of Enactment | Provisions to be amended |
|---|---|
Regional and District Health Authorities (Membership and Procedure) Regulations 1990 | Regulation 1(2) |
National Health Service Trusts (Membership and Procedure) Regulations 1990 | Regulation 1(2) |
National Health Service Litigation Authority Regulations 1995 | Regulation 1(2) |
Health Authorities (Membership and Procedure) Regulations 1996 | Regulation 1(2) |
National Institute for Clinical Excellence Regulations 1999 | Regulation 1(2) |
National Health Service Information Authority Regulations 1999 | Regulation 1(2) |
Primary Care Trusts (Membership, Procedure and Administration) Regulations 2000 | Regulation 1(2) |
National Treatment Agency Regulations 2001 | Regulation 1(2) |
National Health Service Appointments Commission Regulations 2001 | Regulation 1(3) |
National Patient Safety Agency Regulations 2001 | Regulation 1(3) |
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 | Regulation 1(3) |
Counter Fraud and Security Management Service Regulations 2002 | Regulation 1(3) |
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 | Regulation 1(2) |
NHS Professionals Special Health Authority Regulations 2003 | Regulation 1(3) |