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Statutory Instrument 2000 No. 179

The Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


2000 No. 179


NATIONAL HEALTH SERVICE, ENGLAND


The Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000

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 Made27th January 2000 
 Laid before Parliament31st January 2000 
 Coming into force21st February 2000 

The Secretary of State for Health, in exercise of powers conferred by sections 44 and 63 of the Health Act 1999[1], hereby makes the following Order: - 

Citation, commencement and interpretation
    1. - (1) This Order may be cited as the Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000 and shall come into force on 21st February 2000.

    (2) In this Order, unless the context otherwise requires - 

    "the 1977 Act" means the National Health Service Act 1977[2];

    "the 1995 Act" means the Health Authorities Act 1995[3];

    "fund-holding practice" means a fund-holding practice recognised under sections 14 to 17 of the National Health Service and Community Care Act 1990[4] as they were in force before 1st October 1999;

    "the Pharmaceutical Services Regulations" means the National Health Service (Pharmaceutical Services) Regulations 1992[5];

    "Transitional Provisions Order" means the Health Authorities Act 1995 (Transitional Provisions) Order 1996[6].

Amendment of Transitional Provisions Order
    2. - (1) With effect from 1st April 1996 - 

    (a) In Part III of Schedule 1 (relevant new authorities for old authorities whose districts or localities comprise or form part of the area of only one new authority) to the Transitional Provisions Order, the entries set out in Schedule 1 to this Order shall be omitted;

    (b) For Part III of Schedule 2 (relevant new authorities whose districts or localities comprise or form part of the area of more than one new authority) to the Transitional Provisions Order shall be substituted the entries set out in Schedule 2 to this Order, which include in particular, an entry for Bromley Family Health Services Authority.

    (2) The Transitional Provisions Order shall be deemed always to have had effect as amended by this article.

Consequences of Rectification
    3. - (1) Where, on or after 1st April 1996, as a result of any of the relevant defects, anything has been done by or in relation to an acting authority[7], or a person of any description identified by reference to an acting authority, it is to be treated, subject to paragraph (2), as though it had been done by or in relation to the proper authority[8], or a person of that description identified by reference to the proper authority.

    (2) Where, on or after 1st April 1996, as a result of the relevant defects, any acting authority has made - 

    (a) any payment to a Part II practitioner[9], or

    (b) any deduction from remuneration paid to a Part II practitioner,

the payment or deduction shall be treated as though it had been done by the acting authority in the exercise by them of the function on behalf of the proper authority.

    (3) Where as a result of any of the relevant defects, an application in accordance with regulation 4(2), or a notification in accordance with regulation 4(10) of the Pharmaceutical Services Regulations, has been made to a Health Authority and as a result - 

    (a) the application has been granted under regulation 4(3)(a) of those Regulations, or

    (b) the original application has been amended under regulation 4(10) of those Regulations.

but the premises at which the pharmaceutical services were originally, or were originally to be, provided and the premises at which the services are, or are to be, provided ("the new premises") are not both in the area of that Health Authority, the application shall be deemed to have been granted in respect of the new premises, by the Health Authority in whose area the new premises are situated, in consequence of an application under regulation 4(2)(a) of those Regulations.

    (4) Where - 

    (a) on 1st April 1996, because of any of the relevant defects, a Part II practitioner was treated by virtue of the Transitional Provisions Order as included in a Part II list[10] (the "relevant list"),

    (b) by virtue of this order, he is treated as having been included on that date in one or more other Part II lists but not in the relevant list,

    (c) on or after that date, he provided services and a requirement of his providing those services was his inclusion in the relevant list, and

    (d) since 1st April 1996 he has neither been added to the relevant list in accordance with Regulations made pursuant to section 29 of the 1977 Act, nor removed from that list,

the Part II practitioner shall be treated as having been included in the relevant list with effect from the date on which he first provided services as mentioned in sub-paragraph (c).

Outstanding court proceedings
    4.Where immediately before the coming into force of this Order, any court proceedings were brought against an acting authority in relation to anything done by or in relation to that acting authority, and as a result of this Order, that action is to be treated as having been done by or in relation to the proper authority, the acting authority shall be treated as though they had acted on behalf of the proper authority.

Outstanding representations to Tribunal
    5. - (1) Where before the coming into force of this Order, representations had been made to the Tribunal constituted under section 46 of the 1977 Act by an acting authority about a Part II practitioner on their Part II list, but the matter had not been finally disposed of on the date that this Order comes into force, the acting authority shall be treated as though they had acted on behalf of the proper authority, and shall continue to so act if the proper authority requests them to do so until the final disposal of the matter.

    (2) Where the proper authority request the acting authority to continue to act on its behalf, the proper authority shall notify the Tribunal and the practitioner about whom representations had been made.

Exception for fund-holding practices
    6.Where immediately before the coming into force of this Order, a Health Authority (not being the relevant Health Authority as defined by sections 15(1B) and (1C) of the 1977 Act[11] as they were in force before 1st October 1999) acted as the relevant Health Authority for a member or former member of a fund-holding practice as a result of any of the relevant defects, Article 3 shall not apply and they shall continue to be treated as the relevant Health Authority in connection with the application of any provision relating to a fund-holding practice.



Signed by authority of the Secretary of State


John Denham
Minister of State Department of Health

27th January 2000



SCHEDULE 1
article 2(1)


OMMISSIONS FROM PART III OF SCHEDULE I


Avon Family Health Services AuthorityAvon Health Authority
Barking and Havering Family Health Services AuthorityBarking and Havering Health Authority
Barnet Family Health Services AuthorityBarnet Health Authority
Berkshire Family Health Services AuthorityBerkshire Health Authority
Birmingham Family Health Services AuthorityBirmingham Health Authority
Bolton Family Health Services AuthorityWigan & Bolton Health Authority
Brent and Harrow Family Health Services AuthorityBrent & Harrow Health Authority
Buckinghamshire Family Health Services AuthorityBuckinghamshire Health Authority
Camden and Islington Family Health Services AuthorityCamden & Islington Health Authority
City & East London Family Health Services AuthorityEast London and The City Health Authority
Croydon Family Health Services AuthorityCroydon Health Authority
Durham Family Health Services AuthorityCounty Durham Health Authority
Ealing, Hammersmith and Hounslow Family Health Services AuthorityEaling, Hammersmith & Hounslow Health Authority
East Sussex Family Health Services AuthorityEast Sussex, Brighton and Hove Health Authority
Enfield and Haringey Family Health Services AuthorityEnfield and Haringey Health Authority
Hillingdon Family Health Services AuthorityHillingdon Health Authority
Kensington Chelsea and Westminster Family Health Services AuthorityKensington & Chelsea and Westminster Health Authority
Lambeth, Southwark and Lewisham Family Health Services AuthorityLambeth, Southwark and Lewisham Health Authority
Leeds Family Health Services AuthorityLeeds Health Authority
Leicestershire Family Health Services AuthorityLeicestershire Health Authority
Liverpool Family Health Services AuthorityLiverpool Health Authority
Manchester Family Health Services AuthorityManchester Health Authority
Merton, Sutton and Wandsworth Family Health Services AuthorityMerton, Sutton and Wandsworth Family Health Services Authority
North Yorkshire Family Health Services AuthorityNorth Yorkshire Health Authority
Redbridge and Waltham Forest Family Health Services AuthorityRedbridge and Waltham Forest Health Authority
St Helens and Knowsley Family Health Services AuthoritySt Helens and Knowsley Health Authority
Sandwell Family Health Services AuthoritySandwell Health Authority
Sheffield Family Health Services AuthoritySheffield Health Authority
Shropshire Family Health Services AuthorityShropshire Health Authority
Solihull Family Health Services AuthoritySolihull Health Authority
Suffolk Family Health Services AuthoritySuffolk Health Authority
Wakefield Family Health Services AuthorityWakefield Health Authority
Walsall Family Health Services AuthorityWalsall Health Authority
Warwickshire Family Health Services AuthorityWarwickshire Health Authority
West Sussex Family Health Services AuthorityWest Sussex Health Authority
Wigan Family Health Services AuthorityWigan and Bolton Health Authority



SCHEDULE 2
article 2(1)


SUBSTITUTED PART III OF SCHEDULE 2


Avon Family Health Services AuthoritySomerset Health AuthorityAvon Health Authority
Barking and Havering Family Health Services AuthorityRedbridge and Waltham Forest Health AuthorityBarking & Havering Health Authority
Barnet Family Health Services AuthorityBrent and Harrow Health Authority

Enfield & Haringey Health Authority

West Hertfordshire Health Authority

Barnet Health Authority
Berkshire Family Health Services AuthorityBuckinghamshire Health Authority

North and Mid Hampshire Health Authority

Oxfordshire Health Authoirty

Berkshire Health Authority
Birmingham Family Health Services AuthoritySandwell Health Authority

Solihull Health Authority

Worcestershire Health Authority

Birmingham Health Authority
Bolton Family Health Services AuthorityBury and Rochdale Health AuthorityWigan and Bolton Health Authority
Brent and Harrow Family Health Services AuthorityBarnet Health Authority

Camden & Islington Health Authority

Ealing, Hammersmith and Hounslow Health Authority

West Hertfordshire Health Authority

Brent & Harrow Health Authority
Bromley Family Health Services AuthorityBexley and Greenwich Health Authority

Lambeth, Southwark and Lewisham Health Authority

Bromley Health Authority
Buckinghamshire Family Health Services AuthorityBerkshire Health Authority

West Hertfordshire Health Authority

Buckinghamshire Health Authority
Cambridgeshire Family Health Services AuthorityNorth West Anglia Health AuthorityCambridge and Huntingdon Health Authority
Camden and Islington Family Health Services AuthorityBarnet Health Authority

Brent & Harrow Health Authority

Hillingdon Health Authority

East London and the City Health Authority

Enfield & Haringey Health Authority

Kensington & Chelsea and Westminster Health Authority

Camden & Islington Health Authority
Cheshire Family Health Services AuthorityNorth Staffordshire Health Authority

South Cheshire Health Authority

North Cheshire Health Authority
City and East London Family Health Services AuthorityCamden and Islington Health Authority

Enfield & Haringey Health Authority

Redbridge and Waltham Forest Health Authority

East London and The City Health Authority
Croydon Family Health Services AuthorityMerton, Sutton and Wandsworth Health AuthorityCroydon Health Authority
Cumbria Family Health Services AuthorityMorecambe Bay Health AuthorityNorth Cumbria Health Authority
Derbyshire Family Health Services AuthorityNorth Derbyshire Health Authority

North Nottinghamshire Health Authority

West Pennine Health Authority

Southern Derbyshire Health Authority
Devon Family Health Services AuthoritySouth and West Devon Health AuthorityNorth and East Devon Health Authority
Durham Family Health Services AuthoritySunderland Health AuthorityCounty Durham Health Authority
Ealing, Hammersmith and Hounslow Family Health Services AuthorityKensington & Chelsea and Westminster Health Authority

Kingston and Richmond Health Authority

Ealing, Hammersmith & Hounslow Health Authority
East Sussex Family Health Services AuthorityWest Sussex Health AuthorityEast Sussex, Brighton and Hove Health Authority
Enfield and Haringey Family Health Services AuthorityBarnet Health Authority

Camden & Islington Health Authority

East London and the City Health Authority

Enfield & Haringey Health Authority
Essex Family Health Services AuthorityEast and North Hertfordshire Health Authority

Redbridge and Waltham Forest Health Authority

South Essex Health Authority

North Essex Health Authority
Hampshire Family Health Services AuthorityBerkshire Health Authority

North and Mid-Hampshire Health Authority

Portsmouth and South East Hampshire Health Authority

West Surrey Health Authority

West Sussex Health Authority

Southampton and South West Hampshire Health Authority
Hereford and Worcester Family Health Services Health AuthorityBirmingham Health Authority

Gloucestershire Health Authority

Herefordshire Health Authority

Worcestershire Health Authority
Hertfordshire Family Health Services AuthorityCambridge & Huntingdon Health Authority

North Essex Health Authority

West Hertfordshire Health Authority

East and North Hertfordshire Health Authority
Hillingdon Family Health Services AuthorityWest Hertfordshire Health AuthorityHillingdon Health Authority
Humberside Family Health Services AuthorityNorth Yorkshire Health Authority

South Humber Health Authority

East Riding Health Authority
Kensington Chelsea and Westminster Family Health Services AuthorityBrent & Harrow Health Authority

Camden & Islington Health Authority

Ealing, Hammersmith & Hounslow Health Authority

Kensington & Chelsea and Westminster Health Authority
Kent Family Health Services AuthorityEast Kent Health AuthorityWest Kent Health Authority
Lambeth, Southwark and Lewisham Family Health Services AuthorityBexley and Greenwich Health Authority

Bromley Health Authority

Croydon Health Authority

Merton, Sutton and Wandsworth Health Authority

Lambeth, Southwark and Lewisham Health Authority
Lancashire Family Health Services AuthorityEast Lancashire Health Authority

Morecambe Bay Health Authority

South Lancashire Health Authority

North West Lancashire Health Authority
Leeds Family Health Services AuthorityWakefield Health AuthorityLeeds Health Authority
Leicestershire Family Health Services AuthoritySouthern Derbyshire Health AuthorityLeicestershire Health Authority
Liverpool Family Health Services AuthoritySt Helens and Knowsley Health AuthorityLiverpool Health Authority
Manchester Family Health Services AuthoritySalford and Trafford Health Authority

Stockport Health Authority

Manchester Health Authority
Merton, Sutton and Wandsworth Family Health Services AuthorityCroydon Health Authority

East Surrey Health Authority

Kingston and Richmond Health Authority

Lambeth, Southwark and Lewisham Health Authority

Merton, Sutton and Wandsworth Health Authority
Norfolk Family Health Services AuthorityNorth West Anglia Health AuthorityEast Norfolk Health Authority
North Yorkshire Family Health Services AuthorityEast Riding Health AuthorityNorth Yorkshire Health Authority
Nottinghamshire Family Health Services AuthorityNorth Derbyshire Health Authority

North Nottinghamshire Health Authority

Southern Derbyshire Health Authority

Nottingham Health Authority
Redbridge and Waltham Forest Family Health Services AuthorityBarking & Havering Health AuthorityRedbridge and Waltham Forest Health Authority
St Helens and Knowsley Family Health Services AuthorityLiverpool Health AuthoritySt Helens and Knowsley Health Authority
Sandwell Family Health Services AuthorityDudley Health Authority

Walsall Health Authority

Sandwell Health Authority
Sheffield Family Health Services AuthorityRotherham Health AuthoritySheffield Health Authority
Shropshire Family Health Services AuthorityWorcestershire Health AuthorityShropshire Health Authority
Solihull Family Health Services AuthorityBirmingham Health AuthoritySolihull Health Authority
Staffordshire Family Health Services AuthorityShropshire Health Authority

South Staffordshire Health Authority

Walsall Health Authority

North Staffordshire Health Authority
Suffolk Family Health Services AuthorityNorth EssexSuffolk Health Authority
Surrey Family Health Services AuthorityBerkshire Health Authority

Croydon Health Authority

Kingston and Richmond Health Authority

Merton, Surrey and Wandsworth Health Authority

North and Mid Hampshire Health Authority

West Surrey Health Authority

West Sussex Health Authority

East Surrey Health Authority
Wakefield Family Health Services AuthorityLeeds Health AuthorityWakefield Health Authority
Walsall Family Health Services AuthoritySouth Staffordshire Health AuthorityWalsall Health Authority
Warwickshire Family Health Services AuthorityCoventry Health Authority

Leicestershire Health Authority

Warwickshire Health Authority
West Sussex Family Health Services AuthorityEast Sussex, Brighton and Hove Health Authority

East Surrey Health Authority

West Sussex Health Authority
Wigan Family Health Services AuthoritySalford and Trafford Health AuthorityWigan and Bolton Health Authority



EXPLANATORY NOTE

(This note is not part of the Regulations)


This Order is made under section 44 of the Health Act 1999. It amends the Health Authorities Act 1995 (Transitional Provisions) Order 1996 so as to rectify certain defects in that Order with retrospective effect. The effect of this is that where one Health Authority ("the acting Health Authority") acted in relation to practitioners providing services under Part II of the National Health Service Act 1977 ("Part II practitioners"), where another Health Authority ("the proper Health Authority") should have acted, the proper Health Authority will be treated as though it had been the acting one.

There are exceptions to this general rule in the case of payments or deductions made by the acting Health Authority in relation to Part II practitioners, which will be treated as though they had been made on behalf of the proper Health Authority by the acting Health Authority. There is also an exception for certain specified applications by pharmacies to Health Authorities for relocation of, or additional premises, and for Part II practitioners who provided services on the basis that they were on the appropriate Health Authority list.

Article 4 provides that where court proceedings have been brought against an acting authority but not disposed of before the coming into force of this Order, that authority will be treated as though it had acted on behalf of the proper authority. Article 5 provides that where an acting authority had made representations to the Tribunal constituted under section 46 of the 1977 Act and the matter not finally disposed of before the coming into force of this Order, it will be treated as though it had acted on behalf of the proper authority. It shall continue to do so if so requested by the proper authority, and the proper authority must then notify the Tribunal and the practitioner against whom representations have been made, of the request.

Article 6 provides that Article 3 does not apply in the case of fund-holding practices in connection with any provision relating to a fund-holding practice.


Notes:

[1] 1999 c. 8. As regards Wales, the functions of the Secretary of State under sections 44 and 63 (except in so far as it relates to any of the provisions which, by virtue of section 66(2), may be brought into force by the National Assembly for Wales) of the 1999 Act, are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; these Regulations therefore extend only to England.back

[2] 1997 c. 49.back

[3] 1995 c. 17.back

[4] 1990 c. 19. Sections 14 to 17 which made provision for fund-holding practices were repealed by the Health Act 1999, section 1.back

[5] S.I. 1992/662, to which there are amendments not relevant to these Regulations.back

[6] S.I. 1996/709, as amended by S.I. 1996/971 and 1996/2310.back

[7] "acting authority" shall be construed in accordance with section 44(7) of the Health Act 1999 (c. 8).back

[8] "proper authority" shall be construed in accordance with section 44(7) of the Health Act 1999.back

[9] "Part II practitioner" shall be construed in accordance with section 44(6) of the Health Act 1999.back

[10] "Part II list" shall be construed in accordance with section 44(6) of the Health Act 1999.back

[11] Sections 15(1B) and (1C) of the 1977 Act were repealed by the Health Act 1999.back



ISBN 0 11 085878 6


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