The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009

Statutory Instruments

2009 No. 112

National Health Service, England

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009

Made

26th January 2009

Laid before Parliament

2nd February 2009

Coming into force

1st April 2009

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 7(1), 8, 272(7) and 273(1) and (4) of the National Health Service Act 2006(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002(2).

Substitution of Schedule 5 to the principal Regulations

2.  For Schedule 5 to the principal Regulations (Secretary of State’s functions under section 3(1) of the National Health Service Act 2006 exercisable by Strategic Health Authorities for the purpose of securing the provision of services: specified services)(3) substitute the following Schedule—

Regulation 3(2A)

“SCHEDULE 5 SECRETARY OF STATE’S FUNCTIONS UNDER SECTION 3(1) OF THE NATIONAL HEALTH SERVICE ACT 2006 EXERCISABLE BY SRATEGIC HEALTH AUTHORITIES FOR THE PURPOSE OF SECURING THE PROVISION OF SERVICES: SPECIFIED SERVICES

1	Alstrom syndrome service
2	Ataxia telangiectasia service for children
3	Autoimmune paediatric gut syndromes service
4	Bladder exstrophy service
5	Choriocarcinoma service
6	Chronic pulmonary aspergillosis service
7	Complex Ehlers Danlos syndrome service
8	Complex Neurofibromatosis type 1 service
9	Complex tracheal disease service
10	Craniofacial surgery service
11	Deaf child and adolescent mental health outreach service (expansion to the existing nationally-commissioned outpatient service)
12	Diagnostic service for amyloidosis
13	Diagnostic service for primary ciliary dyskinesia
14	Diagnostic service for rare neuromuscular disorders service
15	Encapsulating sclerosing peritonitis surgical service
16	Epidermolysis bullosa service
17	Extra corporeal membrane oxygenation service for adults
18	Extra corporeal membrane oxygenation service for children
19	Extra corporeal membrane oxygenation and ventricular assist devices as bridge to heart transplant service for children
20	Gender identity development service for children and adolescents
21	Heart and lung transplantation service
22	Islet transplantation service
23	Liver transplantation service
24	Lysosomal storage disorder service
25	Mental health service for deaf children:inpatient service
26	Ocular oncology service
27	Opthalmic pathology service
28	Osteo odonto keratoprosthesis service for corneal blindness
29	Pancreas transplantation service
30	Paroxysmal nocturnal haemoglobinuria
31	Persistent hyperinsulinaemic hypoglycaemia of infancy service
32	Primary malignant bone tumours service
33	Proton beam therapy service
34	Pseudomyoxa peritonei service
35	Pulmonary hypertension service for children
36	Pulmonary thromboendarterectomy service
37	Rare mitochondrial disorders service
38	Reconstructive surgery in adolescents for congenital malformation of the female genital tract service
39	Retinoblastoma service
40	Secure forensic mental health service for young people
41	Secure forensic mental health and learning disability service for young people
42	Severe combined immunodeficiency and related disorders service
43	Severe intestinal failure service
44	Severe obsessive compulsive disorder and body dysmorphic disorder service
45	Small bowel transplantation service for adults
46	Small bowel transplantation service for children
47	Specialist liver disease service for children
48	Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders
49	Vein of Galen malformation service
50	Ventricular assist devices as bridge to heart transplant service”

Signed by authority of the Secretary of State for Health.

Ann Keen

Parliamentary Under-Secretary of State,

Department of Health

26th January 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England, further amend the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (“the principal Regulations”).

Regulation 2 substitutes a new Schedule 5 to the principal Regulations. This adds to the services that Strategic Health Authorities may commission, modifies existing services and make consequential amendments.

• The new services are—

• Ataxia telangiectasia service for children (item 2)

• Autoimmune paediatric gut syndromes service (item 3)

• Chronic pulmonary aspergillosis service (item 6)

• Complex Ehlers Danlos syndrome service (item 7)

• Complex Neurofibromatosis type 1 service (item 8)

• Encapsulating sclerosing peritonitis surgical device (item 15)

• Gender identity development service for children and adolescents (item 20)

• Paroxysmal nocturnal haemoglobinuria (item 30).

• The services modified by regulation 2 are—

• Deaf child and adolescent mental health outreach service (item 11) (replaces Mental health service for deaf children consisting of therapy and professional support provided by video-link)

• Ventricular assist devices as bridge to heart transplant service (item 50) is no longer restricted to adults

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2006 c.41. By virtue of section 271 of the Act the powers of the Secretary of State conferred by these provisions are exercisable only in relation to England.

(2)

S.I. 2002/2375; relevant amending instruments are S.I. 2007/559 and 2008/224.

(3)

Schedule 5 was added to the principal Regulations by S.I. 2007/559, regulation 6, and was amended by S.I. 2008/224. See also regulation 3(2A) of the principal Regulations, which refers to Schedule 5 and was added by S.I. 2007/559, regulation 3(3).