The National Health Service Trust Development Authority Regulations 2012

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the National Health Service Trust Development Authority Regulations 2012 and come into force on 1st June 2012.

(2) In these Regulations—

“the Act” means the National Health Service Act 2006;

“the Authority” means the National Health Service Trust Development Authority established by article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012(1);

“the chair” means the chairman of the Authority;

“final outcome” in relation to any proceedings where there are rights of appeal, means the outcome of proceedings—

(a)

once the period for bringing an appeal has expired without an appeal being brought; or

(b)

if an appeal is brought in accordance with those rights, once those rights have been exhausted;

“health service body means”—

(a)

a Strategic Health Authority, a Special Health Authority, [F1 a clinical commissioning group,] a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust(2);

(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(3);

(c)

the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under, respectively, sections 4, 10, 10A or 12A of the National Health Service (Scotland) Act 1978(4);

(d)

the Care Quality Commission(5);

(e)

the Health Protection Agency(6);

(ea)

[F2 the National Institute for Health and Care Excellence;

(eb)

the Health and Social Care Information Centre;]

(h)

[F3 Monitor;]

(i)

the Secretary of State;

(ga)

[F4 the National Health Service Commissioning Board;]

(gb)

[F5 Health Education England;

(gc)

the Health Research Authority;]

(m)

the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972(7);

(n)

a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(8);

(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(9); and

(q)

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

“member”, except in [F6 regulation 3(1)(d), (da)F7 ... and (k)], (2) and (3), means a member of the Authority, including the chair;

“NHS Injury Benefits Scheme” means any scheme making provision for benefits for health staff in respect of injury or disease and established pursuant to section 10 of the Superannuation Act 1972(10), but excluding any scheme making provision for the early payment of a pension, allowance or gratuity in respect of ill-health;

“NHS Pension Scheme” means any scheme making provision for pensions, allowances, gratuities or compensation for premature retirement for health staff and established pursuant to section 10 or section 24 of the Superannuation Act 1972, but excluding the NHS Injury Benefits Scheme;

“non-officer member”, except in regulation 3(1)(j) and (2)(a), means a member who is not an officer of the Authority;

“primary care list” means—

(a)

a list referred to in section 159(1)(a) to (e) of the Act(11);

(b)

a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 1977(12) as the list existed on or before 31st March 2004;

(c)

a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 1977(13) 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 1997(14) as the list existed on or before 31st March 2004.

Textual Amendments

F1 Words in reg. 1(2) inserted (1.10.2012) by The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 16(2)(a)(i)

F2 Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 171(2)

F3 Words in reg. 1(2) substituted (1.10.2012) by The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641), art. 1(2)(a), Sch. 4 para. 22(2)

F4 Words in reg. 1(2) inserted (1.10.2012) by The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 16(2)(a)(ii)

F5 Words in reg. 1(2) inserted (1.4.2015) by The Care Act 2014 (Health Education England and the Health Research Authority) (Consequential Amendments and Revocations) Order 2015 (S.I. 2015/137), art. 1, Sch. 2 para. 10(2)

F6 Words in reg. 1(2) substituted (1.10.2012) by The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 16(2)(b)

F7 Word in reg. 1(2) omitted (5.10.2015) by virtue of The National Health Service Trust Development Authority (Amendment) Regulations 2015 (S.I. 2015/1559), regs. 1, 2(2)

Commencement Information

I1 Reg. 1 in force at 1.6.2012, see reg. 1(1)

(1)

S.I. 2012/901.

(2)

See sections 13, 18, 25, 28 and 30 of the Act and 11, 18, and 22 of the National Health Service (Wales) Act 2006 (c.42).

(3)

1978 c.29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 28 of, and paragraph 19(1) of Schedule 9 and Schedule 10 to, the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), paragraph 1(2) of Schedule 1 to the National Health Service Reform (Scotland) Act 2004 (asp 7), paragraph 2(2) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”) and section 2(1) of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

(4)

Section 4 was amended by section 12(3) of, and Schedule 3 to, the Health and Medicines Act 1988 (c.49) and paragraph 2(3) of Schedule 2 to the 2005 Act; section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53), Schedule 10 to the 1990 Act, paragraph 44 of Schedule 4 to the Health Act 1999 (c.8) and paragraph 2(4) of Schedule 2 to the 2005 Act; section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8); section 12A was inserted by section 31 of the 1990 Act and amended by paragraph 34 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c.46) and sections 46(1) and 48 of, and paragraph 45 of Schedule 4 to, the Health Act 1999.

(5)

The Care Quality Commission was established by section 1 of the Health and Social Care Act 2008 (c.14).

(6)

The Health Protection Agency was established in relation to England and Wales by the Health Protection Agency Act 2004 (c.17).

(7)

S.I. 1972/1265 (N.I. 14).

(8)

S.I. 1990/247 (N.I. 3).

(9)

S.I. 1991/194 (N.I. 1).

(10)

1972 (c.11).

(11)

See, in relation to the lists referred to under section 159(1)(c), the National Health Service (Performers Lists) Regulations 2004 (S.I. 2004/585).

(12)

1977 c. 49; sections 29 and 36 were repealed by section 196 of, and Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c.43).

(13)

Section 43D was inserted by section 24 of the Health and Social Care Act 2001 (c.15) and amended by section 2(5) of, and paragraphs 1 and 20 of Schedule 2 to, the National Health Service Reform and Health Care Professions Act 2002 (c.17); section 43D(1) was repealed in part by section 196 of, and Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 and section 43D(10) was amended by section 184 of, and paragraph 20 of Schedule 11 to, that Act. The National Health Service Act 1977 was repealed by the National Health Service (Consequential Provisions) Act 2006 and section 43D was re-enacted as section 149 of the National Health Service Act 2006.

(14)

1997 c. 46; section 8ZA was inserted by section 26 of the Health and Social Care Act 2001 (c.15), amended by section 4 of, and Schedule 3 to, the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and repealed by section 196 of, and Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003.