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 5SECRETARY 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

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