UK Laws - Legal Portal
 
Navigation
News

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

CONTENTS

Content
  1. Part 1

    National Health Service, etc

    1. NHS bodies and their functions: England

      1. 1. English Health Authorities: change of name

      2. 2. Primary Care Trusts

      3. 3. Directions: distribution of functions

      4. 4. Personal medical services, personal dental services and local pharmaceutical services

      5. 5. Local Representative Committees

    2. NHS bodies and their functions: Wales

      1. 6. Local Health Boards

    3. Financial arrangements: England and Wales

      1. 7. Funding of Strategic Health Authorities and Health Authorities

      2. 8. Funding of Primary Care Trusts

      3. 9. Funding of Local Health Boards

      4. 10. Expenditure of NHS bodies

    4. Quality

      1. 11. Duty of quality

      2. 12. Further functions of the Commission for Health Improvement

      3. 13. Commission for Health Improvement: inspections and investigations

      4. 14. Commission for Health Improvement: constitution

    5. Patient and public involvement

      1. 15. Establishment of Patients' Forums

      2. 16. Additional functions of PCT Patients' Forums

      3. 17. Entry and inspection of premises

      4. 18. Annual reports

      5. 19. Supplementary

      6. 20. The Commission for Patient and Public Involvement in Health

      7. 21. Overview and scrutiny committees

      8. 22. Abolition of Community Health Councils in England

    6. Joint working

      1. 23. Joint working with the prison service

      2. 24. Health and well-being strategies in Wales

  2. Part 2

    Health Care Professions

    1. The Council for the Regulation of Health Care Professionals

      1. 25. The Council for the Regulation of Health Care Professionals

      2. 26. Powers and duties of the Council: general

      3. 27. Regulatory bodies and the Council

      4. 28. Complaints about regulatory bodies

      5. 29. Reference of disciplinary cases by Council to court

    2. Appeals

      1. 30. Medical practitioners

      2. 31. Dentists

      3. 32. Opticians

      4. 33. Osteopaths

      5. 34. Chiropractors

    3. The pharmacy profession

      1. 35. Regulation of the profession of pharmacy

  3. Part 3

    Miscellaneous

    1. 36. Amendments of health service legislation in connection with consolidation

    2. 37. Minor and consequential amendments and repeals

    3. 38. Regulations and orders

    4. 39. Supplementary and consequential provision etc

    5. 40. Wales

    6. 41. Financial provisions

    7. 42. Short title, interpretation, commencement and extent

    1. Schedule 1

      English Health Authorities: change of name

      1. Part 1

        Amendments of 1977 Act

      2. Part 2

        Amendments of other Acts

    2. Schedule 2

      Reallocation of functions of Health Authorities to Primary Care Trusts

      1. Part 1

        Amendments of 1977 Act

      2. Part 2

        Amendments of other Acts

    3. Schedule 3

      Amendments relating to Personal Medical Services and Personal Dental Services

      1. Part 1

        Amendments of the National Health Service (Primary Care) Act 1997

      2. Part 2

        Amendments of other Acts

    4. Schedule 4

      Local Health Boards

    5. Schedule 5

      Amendments relating to Local Health Boards

    6. Schedule 6

      The Commission for Patient and Public Involvement in Health

    7. Schedule 7

      The Council for the Regulation of Health Care Professionals

    8. Schedule 8

      Minor and consequential amendments

    9. Schedule 9

      Repeals

      1. Part 1

        National Health Service

      2. Part 2

        Health care professions

      3. Part 3

        Miscellaneous

An Act to amend the law about the national health service; to establish and make provision in connection with a Commission for Patient and Public Involvement in Health; to make provision in relation to arrangements for joint working between NHS bodies and the prison service, and between NHS bodies and local authorities in Wales; to make provision in connection with the regulation of health care professions; and for connected purposes.

[25th June 2002]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 National Health Service, etc

NHS bodies and their functions: England

1 English Health Authorities: change of name

(1) On and after the date on which this section comes into force, Health Authorities for areas in England are to be known instead as Strategic Health Authorities.

(2) Accordingly, for section 8 of the National Health Service Act 1977 (c. 49) (in this Act referred to as "the 1977 Act") (establishment and abolition of Health Authorities) there is substituted--

" 8 Health Authorities and Strategic Health Authorities

(1) It is the duty of the Secretary of State to establish, in accordance with Part 1 of Schedule 5 to this Act, authorities to be called--

(a) Strategic Health Authorities, in the case of authorities established for areas in England;

(b) Health Authorities, in the case of authorities established for areas in Wales.

(2) Subject to subsection (4) below--

(a) a Strategic Health Authority shall be established for such area of England as is specified in the order establishing the authority; and

(b) a Health Authority shall be established for such area of Wales as is so specified, or, if the order so provides, for the whole of Wales.

(3) A Strategic Health Authority or a Health Authority shall be known by such name, in addition to the title "Strategic Health Authority" or "Health Authority", as--

(a) appears to the Secretary of State appropriately to signify the connection of the authority with the area for which they are established; and

(b) is specified in the order establishing the authority.

(4) The Secretary of State may by order--

(a) vary the area of a Strategic Health Authority or Health Authority;

(b) abolish a Strategic Health Authority or Health Authority;

(c) establish a new Strategic Health Authority or Health Authority;

(d) change the name by which a Strategic Health Authority or Health Authority are known.

(5) No order shall be made under this section relating to a Strategic Health Authority until after the completion of such consultation as may be prescribed.

(6) Consultation requirements contained in regulations under subsection (5) are in addition to, and not in substitution for, any other consultation requirements which may apply.

(7) The Secretary of State shall act under this section so as to ensure--

(a) that the areas for which Strategic Health Authorities are at any time established together comprise the whole of England;

(b) that the areas for which Health Authorities are at any time established together comprise the whole of Wales; and

(c) that no area for which a Strategic Health Authority or a Health Authority are established extends both into England and into Wales.

(8) The power to make incidental or supplemental provision conferred by section 126(4) below includes, in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities. "

(3) Schedule 1 (which contains amendments consequential upon this section) is to have effect.

2 Primary Care Trusts

(1) Section 16A of the 1977 Act (which provides for the establishment of Primary Care Trusts) is amended as provided in subsections (2) and (3).

(2) For subsection (1) there is substituted--

" (1) It is the duty of the Secretary of State to establish bodies to be known as Primary Care Trusts for areas in England with a view to their exercising functions in relation to the health service.

(1A) The Secretary of State shall act under this section so as to ensure that the areas for which Primary Care Trusts are at any time established together comprise the whole of England. "

(3) In subsection (3), after "the area" there is inserted "of England".

(4) Schedule 5A to the 1977 Act (which makes further provision about Primary Care Trusts) is amended as follows--

(a) in paragraph 2(3)--

(i) for "the Health Authority in whose area a Primary Care Trust is established to meet the costs" there is substituted "a Strategic Health Authority whose area includes any part of the area of a Primary Care Trust to meet costs", and

(ii) in paragraph (b), after "meet" there is inserted "(or to contribute towards its meeting)",

(b) in paragraph 2(4), for "the Health Authority in whose area a Primary Care Trust is established" there is substituted "a Strategic Health Authority whose area includes any part of the area of a Primary Care Trust",

(c) in paragraph 16(1), for "the Health Authority within whose area the trust's area falls" there is substituted "each Strategic Health Authority whose area includes any part of the trust's area", and

(d) in paragraph 16(3), for "the Health Authority within whose area the trust's area falls" there is substituted "any Strategic Health Authority whose area includes any part of the trust's area".

(5) Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

3 Directions: distribution of functions

(1) The 1977 Act is amended as follows.

(2) In section 16D (Secretary of State's directions: distribution of functions), in subsection (1), after "Special Health Authority" there is inserted "or a Primary Care Trust".

(3) For section 17A (Health Authority's directions: distribution of functions) there is substituted--

" 17A Strategic Health Authority's directions: distribution of functions

(1) A Strategic Health Authority may, in relation to any specified functions of theirs, direct a Primary Care Trust any part of whose area falls within their area to exercise those functions.

(2) But a Strategic Health Authority may not so direct a Primary Care Trust in relation to any functions of the Strategic Health Authority arising under section 28C arrangements if the Primary Care Trust is providing any services in accordance with those arrangements.

(3) The Secretary of State may direct Strategic Health Authorities that specified functions of theirs--

(a) are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

(b) are not to be exercisable by Primary Care Trusts,

and that the power in subsection (1) above is to be exercised accordingly.

(4) Directions under subsection (3)(a) above may include directions that any of the specified functions are to be exercised (or exercised to or only to any specified extent) jointly with the Strategic Health Authority, or jointly by one or more Primary Care Trusts; but such directions may be given only if regulations providing for the joint exercise of those functions have been made under section 16 or 16B above.

(5) In this section, "specified" means specified in the directions. "

(4) In section 17B (Health Authority's directions: exercise of functions), in subsection (1), the words from "which" to the end are omitted.

(5) In section 18 (directions and regulations under preceding provisions), in subsection (1A)--

(a) "or" is inserted after paragraph (a),

(b) paragraph (b) is omitted, and

(c) in paragraph (c), for "16D, 17 or 17A" there is substituted "16D or 17".

4 Personal medical services, personal dental services and local pharmaceutical services

(1) In section 9 of the National Health Service (Primary Care) Act 1997 (c. 46) (relationship between Part 1 of that Act and the 1977 Act), after subsection (1) there is inserted--

" (1A) In subsection (1), the words from ", apart from" to "functions)," have effect only in relation to Wales. "

(2) In section 36 of the Health and Social Care Act 2001 (c. 15) (effect of the 1977 Act), after subsection (1) there is inserted--

" (1A) In subsection (1), the words from ", apart from" to "authority)," have effect only in relation to Wales. "

(3) Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

5 Local Representative Committees

(1) Section 44 of the 1977 Act (recognition of local representative committees) is amended in accordance with subsections (2) to (7).

(2) Before subsection (A1) there is inserted--

" (ZA1) A Primary Care Trust may recognise a committee formed for its area, or for the area of that and one or more other Primary Care Trusts, which it is satisfied is representative of--

(a) the medical practitioners providing general medical services or general ophthalmic services in the Primary Care Trust's area;

(b) those medical practitioners and the deputy medical practitioners for the Primary Care Trust's area;

(c) the medical practitioners mentioned in--

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C medical practitioners for the Primary Care Trust's area,

and any committee so recognised shall be called the Local Medical Committee for the Primary Care Trust's area. "

(3) After subsection (A1) there is inserted--

" (A2) A Primary Care Trust may recognise a committee formed for its area, or for the area of that and one or more other Primary Care Trusts, which it is satisfied is representative of--

(a) the dental practitioners providing general dental services in the Primary Care Trust's area;

(b) those dental practitioners and the deputy dental practitioners for the Primary Care Trust's area;

(c) the dental practitioners mentioned in--

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C dental practitioners for the Primary Care Trust's area,

and any committee so recognised shall be called the Local Dental Committee for the Primary Care Trust's area. "

(4) After subsection (B1) there is inserted--

" (B2) Where a Primary Care Trust is satisfied that a committee formed for its area, or for its area together with the area of one or more other Primary Care Trusts, is representative--

(a) of the ophthalmic opticians providing general ophthalmic services in the Primary Care Trust's area; or

(b) of the persons providing pharmaceutical services from premises in the Primary Care Trust's area,

the Primary Care Trust may recognise that committee; and any committee so recognised shall be called the Local Optical Committee or the Local Pharmaceutical Committee, as the case may be, for the area of the Primary Care Trust. "

(5) In subsection (2), "with the approval of the Health Authority" is omitted.

(6) In subsection (3)--

(a) in each of paragraphs (a) and (c), before "Health Authority" there is inserted "Primary Care Trust or",

(b) after paragraph (a) there is inserted--

" (aa) is a section 28C medical practitioner for the area of a Primary Care Trust if he is a medical practitioner who performs personal medical services in the area of the Primary Care Trust in accordance with arrangements made under section 28C above; " , and

(c) after paragraph (c) there is inserted--

" (ca) is a section 28C dental practitioner for the area of a Primary Care Trust if he is a dental practitioner who performs personal dental services in the area of the Primary Care Trust in accordance with arrangements made under section 28C above; " .

(7) In subsection (4), after "notified the" there is inserted "Primary Care Trust or".

(8) Section 45 of the 1977 Act (functions of local representative committees) is amended as follows.

(9) After subsection (1) there is inserted--

" (1ZA) Regulations may require--

(a) Primary Care Trusts, in the exercise of their functions under this Part of this Act, to consult committees recognised by them under section 44 above,

(b) Strategic Health Authorities, in the exercise of any of their functions which relate to arrangements under section 28C above, to consult committees recognised under section 44(ZA1)(c) or (A2)(c) above by Primary Care Trusts for the area or areas where the personal medical or dental services are provided (or to be provided) under the arrangements,

on such occasions and to such extent as may be prescribed. "

(10) In subsection (1A)--

(a) for "power conferred by subsection (1) above is" there is substituted "powers conferred by subsections (1) and (1ZA) above are", and

(b) after "require a" there is inserted "Strategic Health Authority, Primary Care Trust or".

(11) In subsection (1C)--

(a) for "subsection (A1)(b) or (c) or (B1)(b) or (c)" there is substituted "subsection (ZA1)(b) or (c), (A1)(b) or (c), (A2)(b) or (c) or (B1)(b) or (c)",

(b) before paragraph (a) there is inserted--

" (za) in the case of a committee recognised under subsection (ZA1)(b) or (c)(ii) of that section, to the deputy medical practitioners for the Primary Care Trust's area;

(zb) in the case of a committee recognised under subsection (ZA1)(c) of that section, to the section 28C medical practitioners for that area; " , and

(c) after paragraph (b) there is inserted--

" (ba) in the case of a committee recognised under subsection (A2)(b) or (c)(ii) of that section, to the deputy dental practitioners for the Primary Care Trust's area;

(bb) in the case of a committee recognised under subsection (A2)(c) of that section, to the section 28C dental practitioners for that area; " .

(12) In each of subsections (2) and (3), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".



NHS bodies and their functions: Wales

6 Local Health Boards

(1) After section 16B of the 1977 Act there is inserted--

" 16BA Local Health Boards

(1) The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising--

(a) functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

(b) other functions of the Assembly relating to the health service.

(2) Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3) A Local Health Board shall be established for the area of Wales specified in its LHB order.

(4) If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5) In this section, "consultation requirements" means requirements about consultation contained in regulations made by the Assembly.

(6) Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

16BB Local Health Boards: functions

(1) The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which--

(a) were exercised by a Health Authority in relation to any part of the same area, and

(b) have been transferred to the Assembly as mentioned in section 16BA(1) above.

(2) The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

(3) The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

(4) The Assembly may give directions to a Local Health Board about its exercise of any functions.

(5) Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

16BC Exercise of functions by Local Health Boards

(1) This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

(2) The Assembly may give directions providing for any functions to which this section applies to be exercised--

(a) by another Local Health Board;

(b) by a Special Health Authority; or

(c) jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards.

(3) Directions given by the Assembly may provide--

(a) for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board,

(b) for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c) for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee. "

(2) Schedule 4 (which inserts the new Schedule 5B in the 1977 Act) and Schedule 5 (which makes other amendments relating to Local Health Boards) are to have effect.

(3) In section 126 of the 1977 Act (orders, regulations and directions)--

(a) in subsection (1)--

(i) after "PCT order" there is inserted "or an instrument made by the National Assembly for Wales", and

(ii) in paragraph (b), after "Schedule 5A to this Act" there is inserted ", paragraph 19, 20 or 22 of Schedule 5B to this Act",

(b) in subsection (3B), after "pursuance of" there is inserted "section 16BB or",

(c) in subsection (4), for "section 18" there is substituted "section 16BB, 18", and

(d) in subsection (4A)--

(i) the word "or" at the end of paragraph (b) is omitted, and

(ii) after paragraph (b) there is inserted--

" (ba) paragraph 9(3) of Schedule 5B to this Act, or " .

(4) Section 1 of the National Health Service (Private Finance) Act 1997 (c. 56) (powers to enter into externally financed development agreements) applies to Local Health Boards as it applies to NHS trusts.



Financial arrangements: England and Wales

<<<< >>>>

7 Funding of Strategic Health Authorities and Health Authorities

(1) Section 97 of the 1977 Act (means of meeting expenditure of Health Authorities etc out of public funds) is amended as follows.

(2) Before subsection (1) there is inserted--

" (A1) It is the duty of the Secretary of State to pay in respect of each financial year to each Strategic Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Authority towards meeting the expenditure of the Authority which is attributable to the performance by the Authority of their functions in that year. "

(3) In subsection (3C), after "any year" there is inserted "to a Strategic Health Authority under subsection (A1) above or".

(4) In subsection (3D), after "given to" there is inserted "the Strategic Health Authority or".

(5) In subsection (3F), after "any year to" there is inserted "a Strategic Health Authority or".

(6) In subsection (5), after "allotted to a" there is inserted "Strategic Health Authority,".

(7) In subsection (6)--

(a) after "directions to a" there is inserted "Strategic Health Authority,",

(b) at the end of paragraph (a) there is inserted "or", and

(c) paragraphs (bb) and (c) are omitted.

(8) Subsection (8) is omitted.

(9) In subsection (9), after "paid to" there is inserted "Strategic Health Authorities,".

8 Funding of Primary Care Trusts

For section 97C of the 1977 Act (public funding of Primary Care Trusts) there is substituted--

" 97C Public funding of Primary Care Trusts

(1) It is the duty of the Secretary of State, in respect of each financial year, to pay to each Primary Care Trust--

(a) sums equal to their general Part 2 expenditure; and

(b) sums not exceeding the amount allotted by the Secretary of State to the Primary Care Trust for that year towards meeting the Trust's main expenditure in that year.

(2) In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b) above (or in varying the amount under subsection (7) below), the Secretary of State may take into account, in whatever way he thinks appropriate--

(a) the Trust's general Part 2 expenditure; and

(b) expenditure which would have been the Trust's general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of that expenditure as he thinks appropriate).

(3) Where the Secretary of State has made an initial determination of the amount ("the initial amount") to be allotted for any year to a Primary Care Trust under subsection (1)(b) above, he may increase the initial amount by a further sum if it appears to him that over a period notified to the Trust--

(a) it satisfied any objectives notified to it as objectives to be met in performing its functions; or

(b) it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

(4) In subsection (3) above, "notified" means specified or referred to in a notice given to the Primary Care Trust by the Secretary of State.

(5) In making any increase under subsection (3) above, the Secretary of State may (whether by directions under subsection (8) below or otherwise) impose any conditions he thinks fit on the application or retention by the Primary Care Trust of the sum in question.

(6) Where the Secretary of State has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Primary Care Trust and notified the Trust of the allotment and it subsequently appears to him that the Trust has failed (wholly or in part) to satisfy any conditions imposed in making that increase, he may--

(a) reduce the allotment made to the Trust for that year; or

(b) when he has made an initial determination of the amount ("the initial amount") to be allotted for any subsequent year to the Trust under subsection (1)(b) above, reduce the initial amount,

by any amount not exceeding that sum.

(7) An amount is allotted to a Primary Care Trust for a year under this section when the Trust is notified by the Secretary of State that the amount is allotted to the Trust for that year; and the Secretary of State may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made.

(8) The Secretary of State may give directions to a Primary Care Trust with respect to--

(a) the application of sums paid to it under this section, or

(b) the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.

(9) Sums falling to be paid to Primary Care Trusts under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine. "

9 Funding of Local Health Boards

(1) After section 97E of the 1977 Act there is inserted--

" 97F Public funding of Local Health Boards

(1) It is the duty of the National Assembly for Wales, in respect of each financial year, to pay to each Local Health Board--

(a) sums equal to their general Part 2 expenditure; and

(b) sums not exceeding the amount allotted by the National Assembly for Wales to the Local Health Board for that year towards meeting the Board's main expenditure in that year.

(2) In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) above (or in varying the amount under subsection (7) below), the National Assembly for Wales may take into account, in whatever way the Assembly thinks appropriate--

(a) the Board's general Part 2 expenditure; and

(b) expenditure which would have been the Board's general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of that expenditure as it thinks appropriate).

(3) Where the National Assembly for Wales has made an initial determination of the amount ("the initial amount") to be allotted for any year to a Local Health Board under subsection (1)(b) above, the Assembly may increase the initial amount by a further sum if it appears to it that over a period notified to the Board--

(a) the Board satisfied any objectives notified to it as objectives to be met in performing its functions; or

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert