Citation, commencement, and interpretation1.

(1)

These Regulations may be cited as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 and shall come into force on 1st October 2005.

(2)

In these Regulations—

the Act” means the National Health Service Act 1977;

“the Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 20052;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State; and

(b)

in relation to Wales, the National Assembly for Wales;

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

“the FHSAA” means the Family Health Service Appeal Authority constituted under section 49S of the Act3;

“health service body” means—

(a)

a Strategic Health Authority4, Special Health Authority5, Primary Care Trust6, NHS trust7, Local Health Board8, NHS foundation trust9 or Community Health Council10,

(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 197811 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 Act12,

(c)

the Dental Practice Board constituted under section 37(1) of the Act13,

(d)

the Commission for Healthcare Audit and Inspection14,

(e)

the Health Protection Agency15,

(f)

the Secretary of State,

(g)

the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 197216,

(h)

a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 199017,

(i)

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

(j)

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 199118, and

(k)

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;

“national NHS disqualification” means—

(a)

a decision made by the FHSAA under section 49N of the Act19,or

(b)

a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 200120 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 200221;
NHS Pension Scheme” means the National Health Service Pension Scheme for England and Wales22;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act23 for England and Wales;

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

“primary care list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the Act,

(b)

a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act24 as the list existed on or before 31st March 2004,

(c)

a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1)of the Act25 as the list existed on or before 31st March 2004, or

(d)

a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 199726 as the list existed on or before 31 March 2004.