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PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“application” means an application for recognition as a fund-holding practice;
“bank account” includes an account with a building society incorporated under the Building Societies Act 1986 ;
“community fund-holding practice” means a fund-holding practice which has been granted recognition as a community fund-holding practice in accordance with regulation 5;
“former fund-holding practice” means the medical practitioners who were members of a fund-holding practice and who —
have renounced recognition as a fund-holding practice in accordance with regulation 11; or
from whom recognition has been removed in accordance with regulations 13 and 14 or 15 and 16,
whichever is appropriate;
“fund-holding account” means a bank account maintained by the members of a fund-holding practice for the purpose of receiving an allotted sum or any part of it;
“health service body” has the same meaning as in section 4 of the 1990 Act ;
“list size” means the number of individuals on the list of patients of a medical practitioner who provides general medical services in accordance with arrangements under section 29 of the 1977 Act;
“notice” means notice in writing;
“practice” means a medical practitioner who, or a group of medical practitioners acting jointly and whether or not practising in partnership which, makes or proposes to make an application and “members of the practice” shall be construed accordingly;
“savings” shall be construed in accordance with regulation 25; and
“standard fund-holding practice” means a fund-holding practice which has been granted recognition as a standard fund-holding practice in accordance with regulation 5.
3
In these regulations, any reference to a Health Authority is a reference to the relevant Health Authority, construed in accordance with section 15(1B) and (1C) of the 1977 Act and in the case of an application, the relevant Health Authority is that Health Authority which would be the relevant Health Authority if the application were successful.
4
For the purposes of these Regulations, an application is made when it is received by the person to whom it is required to be made in accordance with regulation 3.
5
Where an allotment has not yet been made, references to an allotted sum in regulations 19, 20, 22, 23 and 24 include references to any payments on account of an allotted sum and to the discharge of liabilities as mentioned in section 15(3)(b) of the 1990 Act.
6
In these Regulations, any reference to a fund-holding practice renouncing recognition is a reference to a fund-holding practice renouncing its status as a recognised fund-holding practice.
7
In these Regulations, any reference to the Secretary of State removing recognition is a reference to the Secretary of State removing recognition from the members of a fund-holding practice.
8
In these Regulations, any reference to the rights and liabilities of members of a fund-holding practice is a reference to rights and liabilities incurred in connection with the application of an allotted sum and in particular to rights and liabilities under NHS contracts.
9
In these Regulations, any reference to the sending of a document is a reference to the sending of the document in a pre-paid letter addressed, in the case of a medical practitioner, to him at the address given in the medical list in which he is included and, in the case of the Secretary of State or a Health Authority, to them at their principal office.
Application of Regulations in Wales
2
In relation to a fund-holding practice whose Health Authority has an area in Wales —
a
in Schedule 1, in paragraph 1 —
i
the condition specified in sub-paragraph (a) does not apply, and
ii
sub-paragraph (b) applies as if for “5,000” there were substituted “4,000”; and
b
in Schedule 2, paragraphs 1 and 2 shall each apply as if the words “in the case of a community fund-holding practice at least 3,000 patients or” were omitted and as if for “5,000” there were substituted “4,000”.
PART II
RECOGNITION
Application for recognition as a fund-holding practice
3
1
An application shall be made in writing, and shall be sent to the Health Authority.
2
The application shall state whether it is an application for recognition as a community fund-holding practice or as a standard fund-holding practice.
3
The application shall be signed by each member of the practice making it.
4
Where an application has been made but before it has been determined in accordance with regulation 6, the members of the practice may, by notice to the Health Authority signed by each member of the practice, change their application to an application for recognition as a standard, or as the case may be, a community fund-holding practice; and where the Health Authority receives such a notice after it has forwarded the application to the Secretary of State pursuant to paragraph (6), it shall forward the notice to the Secretary of State.
5
The practice shall provide, in connection with the application, such information and documents as the Secretary of State may reasonably require for the purposes of determining the application.
6
The Health Authority shall consider the application and forward it to the Secretary of State together with a notice stating whether the practice —
a
complies with the relevant condition set out in paragraph 1(a) or (b) of Schedule 1 or, in the opinion of the Health Authority, is likely to do so by the date on which any recognition would take effect;
b
will, in the opinion of the Health Authority, be capable of managing an allotted sum effectively and efficiently; and
c
complies with the conditions set out in paragraphs 2, 4 and 5 of Schedule 1.
7
Where the notice mentioned in paragraph (6) states that, in the opinion of the Health Authority, the practice will not be capable of managing an allotted sum effectively and efficiently, the Health Authority shall include with the notice a statement of the reasons for its opinion.
8
The Health Authority shall send a copy of the notice mentioned in paragraph (6), together with any statement of reasons as mentioned in paragraph (7), to the members of the practice.
9
Where the notice mentioned in paragraph (6) states either —
a
that the practice does not comply with the relevant condition specified in paragraph 1(a) or (b) of Schedule 1 and that, in the opinion of the Health Authority, it is not likely to do so by the date on which any recognition would take effect; or
b
that the practice will not, in the opinion of the Health Authority, be capable of managing an allotted sum effectively and efficiently,
the Secretary of State shall invite the practice to comment upon the Health Authority’s observations before deciding whether or not to grant recognition as a fund-holding practice in accordance with regulation 5.
10
Where at least one of the members of a practice wishing to make an application is included in the medical list of a Health Board, section 14 of the 1990 Act shall operate subject to the modification that at the end of subsection (1), there shall be added the words “except, if at least one of those practitioners is also providing general medical services in accordance with arrangements under section 19 of the National Health Service (Scotland) Act 1978 , where more patients on the lists of members of the practice reside in Scotland than in England”.
Time of application
4
An application for recognition which is to take effect from 1st April in any year shall be made by 31st July in the preceding year.
Grant of recognition as a fund-holding practice
5
1
Subject to regulation 9(3), the Secretary of State shall grant recognition as a standard fund-holding practice or as a community fund-holding practice (as the case may be) if he is satisfied that the conditions specified in Schedule 1 in relation to such a practice are fulfilled.
2
Subject to paragraph (3), recognition as a fund-holding practice shall take effect from 1st April following the grant of recognition.
3
For the purposes only of the payment and application of the management allowance referred to in regulation 23, recognition shall take effect from the date on which it was granted.
Determination of applications
6
1
The Secretary of State shall determine an application and shall —
a
send the Health Authority notice of his decision; and
b
include in the notice a statement of the reasons for his decision.
2
The Health Authority shall send to each member of the practice a copy of the notice of the Secretary of State’s decision and a copy of the statement of the reasons for his decision.
Conditions for continuing recognition
7
The members of a standard fund-holding practice or community fund-holding practice (as the case may be) shall continue to be entitled to recognition as such so long as the conditions specified in Schedule 2 are fulfilled in relation to that practice.
Additions to existing fund-holding practices
8
1
Subject to paragraph (2), where a medical practitioner (whether or not he is a member of another fund-holding practice) wishes to become a member of an existing fund-holding practice —
a
he and the members of the existing fund-holding practice shall apply for recognition as a fund-holding practice in accordance with regulation 3; but
b
regulations 4 and 5(2) shall not apply in the case of that application.
2
Where a medical practitioner becomes a partner of a member of a fund-holding practice as a result of the grant of an application made by the medical practitioner to a Health Authority under regulation 5 of the National Health Service (General Medical Services) Regulations 1992 (application for inclusion in the medical list or to succeed to a vacancy), he shall, on giving notice in writing to that effect to the Health Authority, be a member of that fund-holding practice notwithstanding that he did not join in the making of an application under regulation 3.
3
The Health Authority shall give notice to the Secretary of State of any addition to fund-holding practices made under paragraph (2).
Withdrawal or death of a member of a fund-holding practice
9
1
Where a member of a fund-holding practice retires or dies, the recognition of the remaining members of the fund-holding practice shall not be affected if the conditions specified in Schedule 2 in relation to the kind of practice in question continue to be fulfilled in relation to the practice.
2
Where a member of a fund-holding practice withdraws from the fund-holding practice in circumstances other than death or retirement —
a
the remaining members of the practice shall give notice to the Health Authority stating the date on which the withdrawal is to take or took effect; and
b
the Health Authority shall forward the notice to the Secretary of State,
and paragraphs (3) to (6) shall apply.
3
Where the remaining members of the fund-holding practice or one or more members who withdrew from the fund-holding practice wish to continue as a recognised fund-holding practice, they shall apply to the Secretary of State for recognition as a fund-holding practice in accordance with regulation 3; and in those circumstances —
a
regulations 4 and 5(2) shall not apply in the case of such an application;
b
where all the medical practitioners making the application have been members of a recognised fund-holding practice for at least one year, paragraph 1 of Schedule 1 shall not apply;
c
subject to regulation 15, they shall continue to be recognised or, as the case may be, shall be treated as recognised until the application is determined;
d
if, as a result, there is more than one fund-holding practice treated as though it were recognised by virtue of sub-paragraph (c), the allotted sum payable in respect of the current financial year and, subject to paragraph (5)1 any accumulated savings of the original practice shall be divided between them in proportions calculated by reference to the respective list sizes of the members of the practices; and
e
where any application under this paragraph is refused, regulation 17 shall apply as if the refusal to grant recognition had been a removal of recognition.
4
A member of a fund-holding practice who is a partner of another member of the fund-holding practice may not withdraw from the fund-holding practice unless he also ceases to be a partner of that other member.
5
Where a member of a fund-holding practice (in this paragraph and in paragraph (6) referred to as “the former member”) withdraws from the practice and —
a
he continues to be included in the medical list of the Health Authority, and
b
on the date on which the withdrawal takes effect, there are savings in the fund-holding account,
such proportion of those savings as the remaining members of the fund-holding practice and the former member may agree (or where they do not agree, the proportion which his list size bears to the sum of all their list sizes) shall be transferred to the Health Authority.
6
The Health Authority shall apply that part of the savings transferred to it as mentioned in paragraph (5) in accordance with regulation 25 for such purposes as the former member of the fund-holding practice may require, until such time as he ceases to retain responsibility for at least half the patients who were on his list at the time of his withdrawal from the fund-holding practice.
Application for change in status of recognised fund-holding practice
10
1
A community fund-holding practice may apply to become a standard fund-holding practice and a standard fund-holding practice may apply to become a community fund-holding practice.
2
In this regulation, an application under paragraph (1) is referred to as an “application for change in fund-holding status”.
3
An application for change in fund-holding status to take effect from 1st April in any year shall be made by 1st July in the preceding year or, in the case of an application from a standard fund-holding practice to become a community fund-holding practice, such later date as the Health Authority may agree.
4
Regulation 3 (except for paragraph (4)) and regulations 5 and 6 shall apply to an application for change in fund-holding status as they apply to an application for recognition as a fund-holding practice but as if the references in those regulations —
a
to an application were references to an application for change in fund-holding status; and
b
to the grant or refusal of recognition were references to the grant or refusal of an application for change in fund-holding status.
PART III
RENUNCIATION OF RECOGNITION
Renunciation of recognition
11
1
The members of a fund-holding practice may renounce recognition by giving to the Health Authority notice of their intention to renounce recognition with effect from 31st March following the sending of the notice.
2
The notice referred to in paragraph (1) shall —
a
be signed by a majority of the members of the fund-holding practice;
b
be sent by the end of the immediately preceding February; and
c
be accompanied by a statement containing particulars of —
i
the NHS contracts into which the fund-holding practice has entered,
ii
the amount standing in the fund-holding account,
iii
the amount standing in the fund-holding account which may be applied for the purposes specified in regulation 25, and
iv
the liabilities of the members of the fund-holding practice.
3
The Health Authority shall at least once in every financial year send a notice to the Secretary of State stating how many fund-holding practices have renounced recognition during that year.
Consequences of renunciation of recognition
12
1
Subject to paragraphs (2) to (6), the consequence of renunciation is that the members of a fund-holding practice cease, on the 31st March specified in the notice referred to in regulation 11, to be recognised as a fund-holding practice.
2
Notwithstanding a renunciation of recognition and subject to paragraph (7), a former fund-holding practice shall continue to fulfil the conditions specified in paragraphs 7, 8, 9, 10, 12 and 14 of Schedule 2 until the Health Authority is satisfied that all the liabilities of the former fund-holding practice have been discharged.
3
Where, on the date when the renunciation of recognition takes effect, the members of the fund-holding practice have any outstanding liabilities and the entire allotted sum payable in respect of the financial year ending on that date has been spent, such liabilities shall be met from any accumulated savings.
4
When the Health Authority is satisfied that all liabilities of the fund-holding practice have been discharged, it shall send a notice to that effect to each member of the former fund-holding practice.
5
Subject to paragraph (6), if, after a notice under paragraph (4) has been sent, part of the allotted sum remains in the fund-holding account, the former fund-holding practice shall apply that sum as specified in regulation 25 for the benefit of the patients of the members of the former fund-holding practice in such proportions as the members of the former fund-holding practice may agree or, where they do not agree, in proportion to the respective list sizes of the members of the former fund-holding practice.
6
Where recognition is renounced before it has taken effect in accordance with regulation 5(2), the former fund-holding practice shall pay any part of the management allowance mentioned in regulation 23 which remains in the fund-holding account to the Health Authority.
7
If, at any time after the renunciation of recognition has taken effect, the Health Authority is satisfied that —
a
no funds remain in the fund-holding account; but
b
the liabilities of the former fund-holding practice have not been discharged,
all the rights and liabilities of the former fund-holding practice shall, upon notice being sent to that effect to each member of the former fund-holding practice, be transferred to the Health Authority.
Grounds for removal of recognition
13
1
Where the members of a fund-holding practice have not, within the period of one month beginning with the date on which the notice referred to in regulation 18(3) was sent, notified the Health Authority that they are prepared to accept the amount specified in that notice as their proposed allotted sum for the financial year beginning on the next 1st April, the Secretary of State may remove recognition from them with effect from that 1st April (whether or not the recognition is one which has taken effect in accordance with regulation 5(2)).
2
The Secretary of State may remove recognition from the members of a community fund-holding practice or a standard fund-holding practice (as the case may be) if any one or more of the conditions specified in Schedule 2 in relation to such a practice is no longer fulfilled in relation to that practice.
3
The Health Authority shall have the function of collecting, collating and forwarding to the Secretary of State any information reasonably required by the Secretary of State to enable him to consider removal of recognition from the members of a fund-holding practice.
Procedure for removal of recognition
14
1
Except as provided by regulations 15 and 16, where the Secretary of State proposes to remove recognition from the members of a fund-holding practice on the ground specified in regulation 13(2), the Secretary of State shall —
a
send to each member of the practice a notice specifying —
i
the reason for the proposal, and
ii
the date, which shall be after the period of three months beginning with the date on which the notice is sent, on which the removal of recognition is proposed to take effect; and
b
inform the members of the practice that they may, subject to paragraphs (2) and (3), make representations to the Secretary of State concerning the matter, either orally or in writing.
2
Where the members of the practice wish to make representations in writing, representations shall be sent to the Secretary of State within the period of two months beginning with the date on which the notice referred to in paragraph (1) was sent.
3
Where the members of the practice wish to make representations orally they shall, within the period of two weeks beginning with the date on which the notice referred to in paragraph (1) was sent, give notice to that effect to the Secretary of State and the Secretary of State shall appoint a person or persons to hear those representations and to report to him within the period of six weeks beginning with the date on which the members of the fund-holding practice gave notice under this paragraph.
4
Where the Secretary of State decides, having taken into account any representations made by the members of the fund-holding practice, to remove recognition, he shall —
a
send to each member of the fund-holding practice a notice of his decision; and
b
include in the notice —
i
a statement of the reasons for his decision, and
ii
the date on which the removal of recognition is to take effect, and
iii
the consequences of removal of recognition.
5
In the circumstances specified in regulation 13(1), the Secretary of State shall —
a
send to each member of the practice notice of removal of recognition;
b
include in the notice a statement of the reasons for the removal of recognition and that the removal takes effect from the 1st April following the sending of the notice; and
c
except where recognition has not taken effect in accordance with regulation 5(2), inform each member of the practice of the consequences of the removal of recognition.
Removal of recognition with immediate effect
15
Where it appears to the Secretary State that it is necessary either —
a
in the interests of patients of members of the practice; or
b
for the purpose of ensuring the proper management of the allotted sum,
that recognition should be removed under regulation 13(2) with immediate effect, the Secretary of State shall remove recognition with immediate effect.
Procedure for removal of recognition with immediate effect
16
In the circumstances specified in regulation 15, the Secretary of State shall —
a
send to each member of the practice a notice of removal of recognition; and
b
include in the notice a statement of the reasons for the removal of recognition and the consequences of the removal of recognition.
Consequences of removal of recognition
17
1
On the day on which removal of recognition takes effect, all the rights and liabilities of a fund-holding practice shall transfer to the Health Authority.
2
Subject to paragraph (3), on the day on which the removal of recognition takes effect, the fund-holding account shall be treated as having been opened by the Health Authority and the Health Authority may deal with the allotted sum or any part of it remaining in that account as though it were the fund-holding practice.
3
Where, on the day on which removal of recognition takes effect, there remains in the fund-holding account any part of an allotted sum which may be applied for the purposes specified in regulation 25, the Health Authority shall apply that part of the allotted sum for such of those purposes as the former fund-holding practice may require.
PART V
ALLOTTED SUM — DETERMINATION
Determination of allotted sum
18
1
In respect of each recognised fund-holding practice the Health Authority shall —
a
collect and collate any information reasonably required by the Secretary of State to enable him to make a determination of the allotted sum to be paid to that fund-holding practice;
b
make any such information available to the members of the fund-holding practice and, before it makes the recommendation mentioned in sub-paragraph (c), invite the fundholding practice to make representations to it concerning either the accuracy or the significance of the information; and
c
subject to any directions issued by the Secretary of State under section 15(1) of the 1990 Act, propose an allotted sum to the Secretary of State and send with its proposal —
i
the information collected pursuant to sub-paragraph (a), and
ii
a notice stating whether the members of the fund-holding practice agree with the sum proposed.
2
The Secretary of State shall consider the information and the sum proposed by the Health Authority and shall, by 28th February in any year, notify the Health Authority whether or not he agrees with its proposal and, where he does not agree, he shall include a notice of his proposed allotted sum.
3
The Health Authority shall forward the notification and, where appropriate, the Secretary of State’s notice of his proposed allotted sum, to the fund-holding practice.
4
Where the Secretary of State proposes an allotted sum which is different from that proposed by the Health Authority, the members of the fund-holding practice shall, within the period of one month beginning with the date on which the Secretary of State’s notice was forwarded to them pursuant to paragraph (3), notify the Health Authority whether or not they are prepared to accept that amount and where they notify the Health Authority that they are not prepared to accept it, the Health Authority shall notify the Secretary of State.
5
If at the time when the Secretary of State is to determine an allotted sum, his determination would differ from the sum proposed by the Health Authority or (in a case falling within paragraph (2)) from the sum which he has himself proposed, he shall first notify the members of the fund-holding practice and invite them to make representations to him; and he shall take such representations into account before making his determination.
PART VI
ALLOTTED SUM — AUTHORISED PURPOSES
Payment for drugs, medicines and listed appliances
19
1
The members of a fund-holding practice shall, in respect of each month, pay to the Health Authority out of the allotted sum an amount determined in accordance with the following paragraphs of this regulation as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice.
2
The amount referred to in paragraph (1) shall, subject to paragraph (6), be —
a
the net ingredient cost of the drugs, medicines or listed appliances calculated in accordance with paragraphs (3) and (4); minus
b
an amount representing a percentage of the price of the drugs, medicines or listed appliances, which percentage —
i
the Prescription Pricing Authority, or in Wales the Welsh Health Common Services Authority, in its calculation of the remuneration payable to pharmacists in accordance with Part II of the Drug Tariff, has determined is the total discount value applicable to items dispensed in that month divided by the total net ingredient cost of those items, multiplied by 100, and
ii
has been published by the Secretary of State; plus
c
except in the case of listed appliances supplied with, or in connection with, the supply of oxygen or drugs and medicines supplied in bulk, an amount specified in the Drug Tariff representing the cost of the container or packaging in which the drug, medicine or listed appliance is supplied.
3
The net ingredient cost referred to in paragraph (2)(a) of a drug or medicine shall be —
a
where the name of the drug or medicine is included in a list in the Drug Tariff which specifies a price for a specified quantity of that drug or medicine, the price so specified;
b
where the name of the drug or medicine is not so listed, the manufacturer’s list price.
4
The net ingredient cost of a listed appliance referred to in paragraph (2)(a) shall be the price of the appliance specified in the Drug Tariff.
5
Where an amount calculated under paragraph 2(a), (b) or (c) is in any month not an exact number of pounds, any amount of 50 pence or more shall be rounded up to, and any amount less than 50 pence shall be rounded down to, the nearest whole pound.
6
In this regulation —
“the Drug Tariff” means the statement published under regulation 18 of the National Health Services (Pharmaceutical Services) Regulations 1992 ;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act;
“manufacturer’s list price” means the price which the manufacturer of a drug or medicine or his wholesaler or supplier publishes as being the price of that drug or medicine;
“medicine” includes such chemical reagents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act;
“Prescription Pricing Authority” means the special health authority now constituted by the Prescription Pricing Authority Constitution Order 1990 pursuant to section 11 of the 1977 Act ;
“Welsh Health Common Services Authority” means the special health authority now constituted by the Welsh Health Common Services Authority Constitution Order 1990 .
7
For the purposes of this regulation, a drug or medicine is supplied in bulk only when —
a
it is ordered by a member of a fund-holding practice for two or more of his patients;
b
those patients reside in a school or institution in which at least 20 persons reside;
c
the name of that school or institution is written on the order; and
d
at least 10 of the persons residing in the school or institution are patients of the member of the fund-holding practice who ordered the drug or medicine.
Purchase of goods and services
20
1
Subject to paragraphs (3) to (11), the members of a fund-holding practice shall apply the allotted sum so as to secure the purchase of such of the goods and services, other than general medical services, referred to in paragraph (2) as are necessary for the proper treatment of individuals on the lists of patients of the members of the practice and are appropriate in all the circumstances having regard, in particular, to the needs of all those individuals.
2
The goods and services referred to in paragraph (1) are the goods and services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-hold practices in Part II, of a list approved from time to time by the Secretary of State for the purposes of this regulation.
3
Where the list mentioned in paragraph (2) includes services in connection with the termination of pregnancy but the members of a fund-holding practice do not wish to purchase such services in any financial year, they may give notice to that effect to the Health Authority by 1st July in the preceding year.
4
The cost of any such services in connection with the termination of pregnancy which are provided to individuals on the lists of patients of members of the practice in the financial year in question shall be met by the Health Authority whose primary functions include the provision of goods and services to those individuals —
a
where the members of the practice have given notice as mentioned in paragraph (3); or
b
where a patient of a member of a practice either refers herself for such services to a Health Authority or an NHS Trust or is referred by a doctor who is not a member of the fund-holding practice.
5
Where the list mentioned in paragraph (2) includes district nursing or health visiting services or both, the members of a fund-holding practice shall enter into at least one NHS contract, to which the Health Authority has consented in writing in accordance with paragraph (6), for the purchase of such of those services as are included in that list.
6
The Health Authority shall consent to such an NHS contract as is referred to in paragraph (5) if it is satisfied that —
a
the proposed provider is either a Health Authority or an NHS Trust;
b
the proposed provider either has itself provided, or has assumed responsibility for the relevant establishments or facilities of a body which provided, such district nursing or health visiting services or both, whether under an NHS contract or not and whether to the patients of the members of the fund-holding practice or not, for the whole of the calendar year ending on the date from which the proposed services are to be purchased; and
c
the volume of district nursing and health visiting services which the members of the practice propose to purchase is at least that which the Secretary of State, in his determination of the allotted sum payable to the members of the fund-holding practice, determined was expected to be purchased for the benefit of individuals on the lists of patients of members of the fund-holding practice.
7
The members of a fund-holding practice shall not purchase any of the goods or services specified in a list approved under paragraph (2) for an individual who is on the lists of patients of a member of the practice from any provider with which any member of the practice is connected unless —
a
the Health Authority has consented in writing to the purchase of those goods or services from that provider; or
b
it is impracticable, having regard to the condition of the patient, to obtain the consent and no alternative provider is available; or
c
the provider is a health service body other than a fund-holding practice.
8
The Health Authority shall not consent to the purchase of any goods or services from a provider with which a member of the practice is connected unless it is satisfied either that no member of the practice will receive any payment from the allotted sum, whether directly or indirectly, more than half of which is attributable to treatment given to individuals who are on the lists of patients of members of the practice, or that such payments will be made in accordance with regulation 24.
9
Where the members of a practice have obtained the consent of the Health Authority under paragraph (6) or (7), the members of the practice shall give notice to the Health Authority —
a
in the case of consent under paragraph (6), where they propose any reduction in the level of the services in respect of which the consent was given; and
b
in the case of consent under paragraph (7), of any change either in the facilities available at, or the charges made by, the provider in respect of which the consent was given.
10
Where a Health Authority receives notice as mentioned in paragraph (9), it shall either confirm or withdraw its consent.
11
For the purposes of this regulation —
a
“district nursing services” means services provided by or under the direction of a nurse who is employed by a Health Authority or an NHS Trust and who has a qualification in district nursing recorded in the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979 ;
b
“health visiting services” means services provided by or under the direction of a health visitor who is employed by a health authority or an NHS Trust and whose name is included in Part II of the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979;
c
a member of a fund-holding practice shall be treated as connected with a provider if —
i
he is employed by, or is a close relative of a person who is employed by, the provider,
ii
where the provider is a company, he is a director of the company or a partner of or employed by or a close relative of a person who is a director of the company,
iii
he is in partnership with or is a close relative of a person who is in partnership with the provider,
iv
where the provider is a fund-holding practice he is a close relative of a member of that practice,
v
where the provider is an individual, he is a close relative of that individual,
vi
he has a beneficial interest in the securities of the provider, or
vii
he provides or has provided any services to that provider,
and in this sub-paragraph “close relative” means a husband, wife, brother, sister, father, mother, son or daughter; and
d
“provider” means any person or body with whom the members of a fund-holding practice contract or propose to contract for the purchase of any of the goods and services specified in the list mentioned in paragraph (2).
Limit on provision of goods and services
21
There shall be a limit of £6,000 on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the Health Authority whose primary functions include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.
Payments to staff
22
1
Subject to paragraphs (2), (3) and (4), the members of a fund-holding practice may apply the allotted sum for the purpose of making payments to those employees of members of the practice who are employed —
a
to provide treatment to the patients of the members of the practice; or
b
in connection with the management or administration of the practice.
2
The payments referred to in paragraph (1) may include only those payments which could be made by virtue of paragraph 52(3) of the Statement published in accordance with regulation 34 of the National Health Service (General Medical Services) Regulations 1992 as it has effect on the date these Regulations are made.
3
Where a Health Authority has, before the date on which the members of a fund-holding practice were granted recognition as a fund-holding practice, reimbursed a member of the practice in respect of a proportion of the expenses of employing a member of his staff, then the members of the fund-holding practice may apply the allotted sum for the purpose of paying, in respect of periods after that date, only that proportion of the same expenses of employing that person or of any other person employed in place of that employee to perform substantially the same functions.
4
The members of a fund-holding practice may apply the allotted sum for the purpose of paying fees to persons for providing, on the practice premises, services which are necessary for the proper treatment of individuals who are on the lists of patients of the members of the practice.
5
The members of a fund-holding practice shall not apply the allotted sum for the purpose of employing or engaging the services of a medical practitioner except —
a
for the purpose of providing to individuals who are on the lists of patients of members of the practice such services as are included in the list mentioned in regulation 20(2); or
b
as mentioned in regulation 23(7)(c).
6
The members of the fund-holding practice may apply the allotted sum for the purpose of training employees of members of the practice, provided that the training will be beneficial to the patients of the members of the practice and its cost represents value for money.
Payment for management expenses
23
1
Where the allotted sum is determined wholly or partly by reference to the management expenses of the members of the fund-holding practice, so much of the allotted sum as represents an amount in respect of those expenses (in this regulation referred to as the “management allowance”) may be applied for the purposes of those expenses in accordance with this regulation.
2
The amount applied out of the allotted sum for the purposes of management expenses shall not exceed the management allowance.
3
Where the members of the practice propose to spend any part of the management allowance in accordance with either sub-paragraph (7)(d) for the purpose of buying computers, or sub-paragraph (7)(i), they shall first obtain the written consent of the Health Authority.
4
The Health Authority shall consent to the fund-holding practice’s proposals to buy computers provided it is satisfied that the equipment proposed is suitable for the needs of the fund-holding practice and represents value for money.
5
The Health Authority shall consent to the fund-holding practice’s proposals to spend its management allowance on rent provided it is satisfied that existing premises are being properly used, the proposed office accommodation is suitable and that the proposed rent represents value for money.
6
Where the cost of a computer is less than that agreed with the Health Authority, any saving shall be spent only in accordance with regulation 25.
7
For the purposes of this regulation, “management expenses” are —
a
the cost of employing staff in connection with the management of the allotted sum;
b
the cost of training members of the practice or their staff in connection with the management of the allotted sum;
c
the cost of either —
i
employing or engaging (as an assistant or deputy) a registered medical practitioner to provide general medical services to the patients of a member of the practice who is engaged in the management of the allotted sum, or
ii
paying a member of the practice for his time in connection with the management of the allotted sum,
but only up to such sum (if any) as the Secretary of State, in directions as to the allotted sum, directed was expected to be required to meet such cost;
d
the cost of acquiring office equipment (including computers);
e
the upkeep and running costs of office equipment required for the purposes of the management of the allotted sum, including computer hardware and software running costs;
f
the cost of specialist advice required in connection with the management of the allotted sum;
g
the cost of minor internal modifications to any premises from which the members of the practice carry on their practice which are required to provide office accommodation for staff employed in connection with the management of the allotted sum.
h
office expenses, including postage, stationery and telephone charges, which are necessarily incurred in connection with the management of the allotted sum, and
i
the rent payable on office accommodation used by staff employed in connection with the management of the allotted sum.
Payments to a member of the fund-holding practice
24
1
The members of a fund-holding practice may apply the allotted sum for the purposes of paying a medical practitioner who is a member of the practice but only —
a
in accordance with an arrangement made in pursuance of paragraph (2);
b
pursuant to regulation 23(7)(c)(ii); or
c
pursuant to regulation 25(2)(d) or (e).
2
Subject to paragraphs (3) and (4), the members of a standard fund-holding practice may, with the written consent of the Health Authority, enter into an arrangement with a medical practitioner who is a member of the practice for the provision by that medical practitioner of services which are included in Part I of the list mentioned in regulation 20(2) to patients who are on the lists of patients of members of the practice.
3
The Health Authority shall not consent to an arrangement made under paragraph (2) unless it is satisfied that —
a
the services to be provided are included in Part I of the list mentioned in regulation 20(2);
b
the medical practitioner with whom the arrangement is to be made to provide those services is suitably qualified, competent and experienced;
c
the facilities, including premises, for the provision of those services are suitable, and
d
the payments which it is proposed shall be made in respect of the provision of those services —
i
are reasonable,
ii
represent value for money, and
iii
are to be made directly to the medical practitioner who provides the services or to the partnership of which he is a member and not to any third party.
4
Where the members of a practice have obtained the consent of the Health Authority under paragraph (2) they shall give notice to that Health Authority of any change in the matters specified in paragraph (3).
5
Where a Health Authority receives notice as mentioned in paragraph (4), it shall either confirm or withdraw its consent.
Savings from the allotted sum
25
1
The members of the fund-holding practice may discharge their obligations under regulations 19 and 20 and exercise their powers under regulations 22, 23 and 24 in such a way as to take into account any benefit to individuals on the lists of patients of the members of the practice which, in their opinion, would be derived from making savings to be applied in accordance with the following provisions of this regulation; and regulations 19, 20, 22, 23 and 24 shall be construed accordingly.
2
Subject to paragraph (3), where the accounts for a financial year of members of a fund-holding practice have been audited in accordance with Part III of the Local Government Finance Act 1972 , the members of a fund-holding practice may, within the period of four years after the end of that financial year, continue to apply any part of the allotted sum paid to them in respect of that financial year for the purposes specified in regulations 19, 20, 22 and 24 and, in addition, with the written consent of the Health Authority, for any one or more of the following purposes —
a
the purchase of material or equipment which —
i
can be used for the treatment of patients of the members of the practice, or
ii
enhances the comfort or convenience of patients to the members of the practice, or
iii
enables the practice to be managed more effectively and efficiently; or
b
the purchase of material or equipment relating to health education; or
c
in relation to any premises from which the members of the practice carry on their practice —
i
improvements to the premises, including alterations to or decoration of the premises and the purchase of furniture and furnishings, and
ii
building an extension provided that no acquisition of land is involved.
d
the purchase of services in connection with an audit of clinical practice which relates to any of the goods and services which are included in the list of goods and services mentioned in regulation 20(2); or
e
commissioning research which relates to any of the goods and services included in the list mentioned in regulation 20(2); or
f
training for members of the fund-holding practice which is required in connection with their membership of the fund-holding practice.
3
The Health Authority shall consent to the application of any part of an allotted sum for any of the purposes specified in paragraph (2)(a) to (f) if it is satisfied that the expenditure would —
a
be for the benefit of the patients of the members of the practice; and
b
represent value for money.
4
Where the Health Authority refuses its consent under paragraph (3), it shall send to the members of the fund-holding practice a notice stating the reasons for its refusal and informing them of their right to appeal to the Secretary of State under paragraph (5).
5
The members of the fund-holding practice may, within the period of 28 days beginning with the day on which the notice referred to in paragraph (4) was sent, appeal to the Secretary of State against the Health Authority’s refusal of consent under paragraph (3).
6
An appeal to the Secretary of State shall be made in writing and shall include a statement of the grounds of appeal.
7
On any appeal under paragraph (4), the Secretary of State —
a
may, if he thinks fit, hold an oral hearing of the appeal and, in such a case, shall —
i
appoint one or more persons to hear the appeal and to report to him on it, and
ii
not less than 14 days before the date fixed for the hearing, give notice in writing to the members of the fund-holding practice and to the Health Authority; and
b
in determining the appeal, shall either confirm or reverse the decision of the Health Authority and shall communicate his decision, together with the reasons for it, to the members of the fund-holding practice and to the Health Authority.
Recovery of misapplied sums
26
1
Where the Secretary of State has determined, in accordance with this regulation, that any part of an allotted sum has been applied by the members of a fund-holding practice (or any one or more of them) otherwise than in accordance with regulation 19, 20, 22, 23, 24 and 25, the Health Authority may seek to recover that amount in accordance with paragraph (6).
2
The Secretary of State shall send to each member of the practice a notice informing them of the amount which it is alleged has been misapplied and the nature and circumstances of the alleged misapplication and that they may make representations to the Secretary of State concerning the matter, either orally or in writing.
3
Where the members of a fund-holding practice wish to make representations in writing, they shall do so within the period of two months beginning with the date on which the notice referred to in paragraph (2) was sent.
4
Where the members of the practice wish to make representations orally they shall, within the period of 2 weeks beginning with the date on which the notice referred to in paragraph (2) was sent, give notice to that effect to the Secretary of State and the Secretary of State shall appoint a person or persons to hear those representations and to report to him within the period of 6 weeks of the date on which the members of the fund-holding practice gave notice under this paragraph.
5
Where the Secretary of State, having taken into account any representations made by the members of the fund-holding practice, is satisfied that any part of an allotted sum has been misapplied as mentioned in paragraph (1), he shall —
a
send to each member of the practice a notice of his determination to that effect; and
b
include in the notice a statement of the reasons for his decision.
6
An amount equal to that part of the allotted sum which the Secretary of State has determined has been misapplied as mentioned in paragraph (1) shall be recoverable from the members of the practice (or from any one or more of them) by the Health Authority as a civil debt.
PART VII
MISCELLANEOUS
Transfer of functions
27
To the extent that functions conferred on a Health Authority under regulations 3(6), 13(3) and 18(1) are functions of the Secretary of State under sections 14 to 16 of the 1990 Act,they shall be functions of the Health Authority.
Revocations
28
The following Regulations are hereby revoked —
a
the National Health Service (Fund-holding Practices) Regulations 1993 ;
b
the National Health Service (Fund-holding Practices) Amendment Regultions 1994 ;
c
the National Health Service (Fund-holding Practices) Amendment Regulations 1995 ; and
d
the National Health Service (Fund-holding Practices) (Functions of Family Health Services Authorities) Regulations 1995 .
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
8th March 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State Welsh Office
11th March 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hampshire, Loddon Community National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 4th October 1996.
2
In this Order —
“the Authority” means the North and Mid Hampshire Health Authority established on 1st April 1996 ;
“the old Authority” means the North and Mid Hampshire Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the North Hampshire, Loddon Community National Health Service Trust;
“the trust property” means the items specified, as trust property which is to be transferred to the Trust, in a schedule prepared by and agreed upon by the old Authority and the Trust on 21st December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 4th October 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
11th September 1996


text:
1
This Order may be cited as the Foreign Satellite Service Proscription Order 1996 and shall come into force on 31st October 1996.
2
The foreign satellite service which at the date of making this Order is known as Rendez-Vous is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Virginia Bottomley
Secretary of State for National Heritage
10th October 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Ambulance Service National Health Service Trust (Establishment) Order 1996 and shall come into force on 28th January 1996.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 28th January 1996;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the London Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the London Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, 220 Waterloo Road, London SE1 8SD and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Thames Regional Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South Thames Regional Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Thames Regional Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
17th January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.
Amendment of the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.
2
In article 7 (rates of payment under agreement) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£12” there shall be substituted “£15”, and
ii
in sub-paragraph (c), for “£60” there shall be substituted “£65”;
b
for paragraph (2) there shall be substituted the following —
2
The Minister shall make payments at the rate per annum of £6.25 for each 0.25 metre of drystone walls subject to the agreement restored in accordance with the programme referred to in paragraph 1(5) of Schedule 1, subject to a maximum of 2 metres of drystone walls so restored per hectare of eligible land per annum.
2A
For the purposes of paragraph (2) above, “eligible land” means land which —
a
comprises or falls within land subject to the provision of the agreement concerned;
b
is enclosed by boundaries; and
c
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, drystone walls.
c
in paragraph (4), for “£260” there shall be substituted “£290”;
d
for paragraph (5), there shall be substituted the following —
5
Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £2 for each 0.5 metre of non-stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 2 metres of non-stockproof hedges so managed per hectare of eligible land per annum.
5A
For the purposes of paragraph (5) above, “eligible land” means land which —
a
comprises or falls within land subject to the provisions of the agreement concerned;
b
is enclosed by boundaries; and
c
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.
e
for paragraph (6), there shall be substituted the following —
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement.
3
In Schedule 1 (requirements to be included in an agreement) —
a
for paragraph 1(1) there shall be substituted the following —
1
the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used —
a
for the growing of arable crops; or
b
for ley grassland established after 31st December 1988;
b
in paragraph 1(5), there shall be added at the end of the first sentence the words “and shall carry out that programme in accordance with the agreement”.
4
In Schedule 3 (additional provisions relating to the reversion of arable land to extensive permanent grassland), after paragraph (4) there shall be added the following paragraph —
5
the farmer shall not exceed a stocking level of 1.4 livestock units per hectare.
5
In Schedule 5 (conservation plan operations) —
a
in paragraph 2, after the word “planting” there shall be added the phrase “, laying, coppicing and gapping-up”;
b
for paragraph 3, there shall be substituted the following —
3
The creation and restoration of ponds and scrapes.
c
for paragraph 4, there shall be substituted the following —
4
The restoration of farm buildings using traditional materials.
; and
d
after paragraph 8, there shall be added the following paragraph —
9
The reintroduction of pollarding management.
Saving
3
1
Article 2(2) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.
2
Article 2(4) of this Order shall not apply in relation to any agreement made before 1st January 1997.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ayrshire and Arran Community Health Care National Health Service Trust (Establishment) Amendment Order 1996 and shall come into force on 28th June 1996.
2
In this Order “the principal Order ” means the Ayrshire and Arran Community Health Care National Health Service Trust (Establishment) Order 1992 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The trust is established for the purposes specified in section 12A(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be–
a
to own and manage under section 12A(1)(a) of the Act facilities at the hospital establishments known as Ailsa Hospital, Arrol Park Resource Centre, Brooksby House Hospital, Davidson Cottage Hospital, Holmhead Hospital, Kirklandside Hospital and Lady Margaret House, all Ayrshire, and associated establishments, including management of the facilities provided at and from those establishments and at Crosshouse Hospital, Kilmarnock and at Ayrshire Central Hospital, Irvine, and also including the management of the teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act a new hospital and associated facilities at Ayr Road, Cumnock.
.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
24th June 1996


text:
Citation and commencement
1
This Order may be cited as the Essex Rivers Healthcare National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Essex Rivers Healthcare National Health Service Trust (Establishment) Order 1991 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”;
b
in sub-paragraph (a) of paragraph (2) for “own and manage” there shall be substituted “provide and manage”; and
c
in sub-paragraph (b) of paragraph (2) for “to own” there shall be substituted “to provide”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Publication of Information about Unused and Underused Land) (England) (Revocation) Regulations 1996 and shall come into force on 3rd April 1996.
Revocation of 1992 Regulations
2
The Local Government (Publication of Information about Unused and Underused Land) (England) Regulations 1992 are hereby revoked.
David Curry
Minister of State,
Department of Environment
5th March 1996


text:
Title and commencement
1
This Order may be cited as the Cattle Passports (Fees) Order 1996 and shall come into force on 23rd September 1996.
Replacement cattle passports
2
1
Any person applying for a replacement cattle passport under the provisions of article 13 of the Cattle Passports Order 1996 shall pay to the appropriate Minister a fee of £50.
2
The fee shall be payable in full before a replacement passport is issued at the time that an application for a replacement passport is lodged with the appropriate Minister.
3
The fee shall be forfeited if the applicant withdraws the application or the appropriate Minister is unable to obtain sufficient information to issue a replacement passport.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
1st September 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
1st September 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
2nd September 1996
We consent
Two of the Lords Commissioners of Her Majesty’s Treasury
1996


text:
Citation and commencement
1
1
This Order may be cited as the Employment Protection (National Health Service) Order 1996, and shall come into force on 1st April 1996.
Specified descriptions of employment
2
The following descriptions of employment are hereby specified for the purpose of paragraph 18B of Schedule 13 to the Employment Protection Consolidation Act 1978 (computation of period of employment — professional training in the health service) —
a
employment as a registered medical practitioner or registered dental practitioner in the grade of Registrar, Senior Registrar, Specialist Registrar, Registrar (Public Health), Senior Registrar (Public Health) and Specialist Registrar (Public Health)
b
employment in the grade of clinical scientist trainee or clinical psychology trainee; and
c
employment in the grade of general management training scheme trainee or financial management training scheme trainee.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
7th March 1996


text:
Title and commencement and extent
1
These Regulations may be cited as the Habitat (Salt-Marsh) (Amendment) Regulations 1996, shall come into force on 30th June 1996, and shall apply to England.
Amendments to previous Regulations
2
1
The Habitat (Salt-Marsh) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7(b) (amounts and payment of aid), for“£195” there shall be substituted “£250”.
3
In regulation 7A (changes to the area of set aside land) —
a
in paragraph (1) —
i
the word “which” shall be deleted from where it first appears and shall be inserted at the start of sub-paragraph (a) and at the start of sub-paragraph (b); and
ii
for the words “and regulation 7A(2)” there shall be substituted the words “and paragraph (2) below, subject to any subsequent decision to the contrary under paragraph (2) below,”; and
b
in paragraph (2), for the words “and regulation 7A(1)” there shall be substituted the words “and paragraph (1) above and, if he so decides, the treatment of that land for those purposes shall operate in accordance with that decision, subject to any subsequent declaration to the contrary as referred to in paragraph (1) above,”.
4
In paragraph (1) of the Schedule (management requirements) the words “during the period preceding inundation of the land by the sea,” shall be deleted.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th June 1996


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 of the Superannuation Act 1972) (No. 2) Order 1996 and shall come into force on 23rd April 1996.
2
Employment by the National Forest Company is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st April 1995.
D L Willetts
Parliamentary Secretary, Office of Public Service for the Minister for the Civil Service
2nd April 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st July 1997 immediately after the Motor Vehicles (Approval) Regulations 1996 come into force.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of the Regulations.
Amendments to regulation 2 (interpretation)
3
1
Regulation 2(1) shall be amended as follows.
2
In the definition of “the prescribed type approval requirements” for the words “these Regulations” there shall be substituted the words “regulation 4”.
Amendments to regulation 3 (application)
4
1
Regulation 3 shall be amended as follows.
2
In paragraph (1), for the words “first used on or after” there shall be substituted the words “not first used before”.
3
In paragraph (2), sub-paragraphs (q) and (r) shall be omitted.
New regulation 3A (modifications in relation to which the Motor Vehicles (Approval) Regulations 1996 apply)
5
After regulation 3, there shall be inserted the following regulation —
Modifications in relation to which the Motor Vehicles (Approval) Regulations 1996 apply
3A
1
These Regulations shall have effect, in relation to vehicles to which Part III of the Approval Regulations apply, with the following modifications.
2
Regulation 4 shall have effect subject to Regulation 5 of the Approval Regulations.
3
Regulation 8 does not apply to an application for a Minister’s approval certificate made on basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.
4
Regulations 5 and 13 do not apply in relation to any determination made for the purposes of such an application.
5
Regulations 10, 11 and 12 do not apply to a vehicle in respect of which there is in force a Minister’s approval certificate in the form prescribed by the Approval Regulations.
6
Regulation 14 does not apply to any certificate issued on the basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.
7
Regulation 15 does not apply to any certificate in the form prescribed by the Approval Regulations.
8
Regulations 18A and 19 do not apply to any vehicle to which Part III of the Approval Regulations (which contains provisions corresponding to Regulations 18A and 19) applies.
9
In this Regulation —
“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996; and
“the relevant requirements”, in relation to a vehicle, means the requirements prescribed under section 54 of the 1988 Act that are applicable to it.
Amendments to regulation 4 (type approval requirements — application)
6
1
Regulation 4 shall be amended as follows —
a
in paragraph (1), for the words “Subject to paragraphs (2), (2A), (3), (4), (5) and (6)” there shall be substituted the words “Subject to paragraphs (2) to (6), regulation 3A” and
b
after paragraph (12), there shall be inserted the following paragraph —
13
In this regulation “prescribed” means prescribed under section 63(1) of the Road Traffic 1988.
Insertion of new regulation 18A (obligatory certificates)
7
After regulation 18, there shall be inserted the following regulation —
Obligatory certificates
18A
1
Subject to Regulation 3A, this Regulation applies to all vehicles subject to type approval requirements.
2
The day appointed for the purposes of section 63(1) of the Road Traffic Act 1988 in relation to all vehicles —
a
to which this Regulation applies; but
b
which are not of a class for which a day has previously been appointed for those purposes,
is 1st July 1997.
3
Without prejudice to any other regulations having effect by virtue of section 63(1) of the Road Traffic Act 1988, all vehicles to which this Regulation applies are of a class prescribed for the purposes of that section.
4
The type approval requirements prescribed under section 63(1) of the Road Traffic Act 1988, in relation to any vehicle to which this Regulation applies, are the prescribed type approval requirements.
Substitution of Regulation 19 (Licences not to be issued for vehicles unless appropriate certificates are in force)
8
For Regulation 19 there shall be substituted the following regulation —
19
Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which Regulation 18A applies, the licence shall not be granted unless on the first application after the day appointed by regulations made by virtue of section 63 of the Road Traffic Act 1988 for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of the Road Traffic Act 1988 from which it appears that the vehicle complies with the prescribed type approval requirements.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dental Qualifications (Recognition) Regulations 1996 and shall come into force on 1st July 1996.
2
In these Regulations “ the Act ” means the Dentists Act 1984 .
Registration of persons qualified in other EEA States
2
1
In subsections (1) and (2) of section 15 of the Act (qualification for registration in the dentists register), for the words “a member State” there are substituted the words “an EEA State”.
2
After subsection (2) of that section there is inserted the following subsection —
2A
Any person who —
a
is not a national of an EEA State, but
b
is, by virtue of a right conferred by Article 11 of Council Regulation ( EEC ) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (1)(b) above as if he were such a national.
.
3
After subsection (6) of that section there is inserted the following subsection —
7
In this Act —
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a contracting party to the EEA Agreement.
.
4
For subsection (2) of section 18 of the Act (procedure for registration) there is substituted the following subsection —
2
Any person applying to be registered shall produce or send to the registrar —
a
the document conferring or evidencing his licence or other qualification;
b
a statement of his name and address and the other particulars (if any) required for registration; and
c
in the case of an application made by virtue of subsection (2A) of section 15 above, evidence of the enforceable Community right on which he relies.
.
Appropriate European Diplomas
3
1
Part I (appropriate European diplomas) of Schedule 2 to the Act (European dental qualifications) is amended as follows.
2
For paragraph 1 there is substituted the following paragraph —
1
1
In this Part of this Schedule —
“Community Council Directive No. 78/686/EEC ” means Community Council Directive No. 78/686/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners in dentistry, as adapted, amended or extended by the Accession of Greece Act , Council Directive No. 81/1057/EEC , the Accession of Spain and Portugal Act , Council Directives Nos. 89/594/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act ;
“competent authority” means an authority or body designated by an EEA State in accordance with Community Council Directive No. 78/686/EEC ;
“the Dental Training Directive” means Community Council Directive No. 78/687/EEC concerning the co-ordination of provisions in respect of activities of dental practitioners as amended by the Accession of Austria, Finland and Sweden Act;
“the implementation date” means —
in the case of Greece, 1st January 1981;
in the case of Portugal, 1st January 1986;
in the case of Finland, Iceland, Norway and Sweden, 1st January 1994;
in the case of Liechtenstein, 1st May 1995; and
in the case of any other EEA State, the date notified by the State to the Commission as that on which it implemented the Dental Training Directive;
“scheduled European diploma” means a diploma specified in Part II of this Schedule.
2
For the purposes of this paragraph —
“the Accession of Greece Act” means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979 ;
“the Accession of Spain and Portugal Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985 ;
“the Accession of Austria, Finland and Sweden Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union .
.
3
For paragraph 2 there is substituted the following paragraph —
2
Subject to paragraphs 3, 3A and 4 below, any diploma in dentistry granted in an EEA State is an appropriate European diploma for the purposes of section 15(1)(b) of this Act.
.
4
In paragraph 3, for the words “a member State” and “any member State” there are substituted the words “an EEA State” and “any EEA State” respectively.
5
After that paragraph there is inserted the following paragraph —
3A
A diploma granted in an EEA State on or after the implementation date which is not evidence of training commenced by the holder before that date (not being a scheduled European diploma) is not an appropriate European diploma for the said purposes unless the holder produces to the registrar a certificate issued by the competent authority of the EEA State certifying that the diploma —
a
was awarded following training which satisfies the requirements laid down by the Dental Training Directive; and
b
is treated by that EEA State as if it were a scheduled European diploma.
.
6
In paragraph 4 —
a
for the words “a Member State” there are substituted the words “an EEA State”; and
b
after the words “paragraph 3(b)” there are inserted the words “or 3A”.
7
For paragraphs 5 and 6 there is substituted —
5
1
Subject to paragraph 6 below, on or after the date notified to the Commission by Italy, Spain or Austria as that on which that State implemented Community Council Directive No. 78/686/EEC , a diploma in medicine awarded in the State to a person who began medical training at a university before the relevant date is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where that person produces to the registrar a certificate issued by the competent authority of the State certifying that —
a
he has effectively, lawfully and principally practised dentistry in the State for at least three consecutive years during the five years preceding the date of issue of the certificate; and
b
he is authorised to practise dentistry under the same conditions as holders of the State’s scheduled European diploma.
2
In this paragraph “the relevant date” means —
a
28th January 1980 in relation to Italy;
b
1st January 1986 in relation to Spain; and
c
1st January 1994 in relation to Austria.
6
A person shall be excepted from satisfying the requirement referred to in paragraph 5(1)(a) above if he satisfies the registrar that he has successfully completed three years of study which are certified by the competent authority of the State concerned as being equivalent to the training referred to in Article 1 of the Dental Training Directive.
7
A diploma in dentistry which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if —
a
the holder produces to the registrar a certificate of the competent authority of Germany certifying that he has effectively and lawfully practised dentistry in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate; and
b
he is authorised to practise dentistry throughout the territory of Germany under the same conditions as holders of the German scheduled European diploma.
.
Scheduled European Diplomas
4
1
Part II (scheduled European diplomas) of Schedule 2 to the Act is amended as follows.
2
Before the entry relating to Belgium there is inserted the following entry —
Austria
The diploma the title of which will be notified by Austria to EEA States and to the Commission in accordance with Community Council Directive No. 78/686/EEC .
.
3
After the entry relating to Denmark there is inserted the following entry —
Finland
“Todistus hammaslääketieteen lisensiaatin tutkinnosta/bevis om odontologi licentiat examen” (certificate of the degree of licentiate in dentistry) awarded by a university faculty of medicine and a certificate of practical training issued by the National Board of Medico-Legal Affairs.
.
4
In the entry relating to Germany, paragraph (2) is omitted.
5
After the entry relating to Greece there is inserted the following entry —
Iceland
“Próffrá tannlæaknadeild Háskóla Íslands” (diploma from the dental faculty of the University of Iceland).
.
6
For the entry relating to Italy there is substituted the following entry —
Italy
“Diploma di Laurea in Odontoiatria e Protesi Dentaria” accompanied by a “Diploma di Abilitazione all” esercizio dell’ Odontoiatria e Protesi Dentaria’ issued by the State Examining Commission.
.
7
After that entry there is inserted the following entry —
Liechtenstein Any diploma which —
a
has been awarded in any EEA State to which Community Council Directive No. 78/686/EEC applies;
b
is listed elsewhere in this Part of this Schedule; and
c
is accompanied by a certificate, issued by the competent authority in that EEA State, as to the completion of practical training.
.
8
After the entry relating to the Netherlands there is inserted the following entry —
Norway
“Bevis for bestått odontologisk embetseksamen” (diploma of the degree cand. odont.) awarded by a university faculty of dentistry.
.
9
For the entry relating to Spain there is substituted the following entry —
Spain
“Título de Licenciado en Odontología” awarded by the rector of a university.
.
10
After that entry there is inserted the following entry —
Sweden
“Tandläkarexamen” (university diploma in dentistry) awarded by schools of dentistry and a certificate of practical training issued by the National Board of Health and Welfare.
.
Visiting EEA practitioners
5
1
Schedule 4 to the Act (visiting EEC practitioners) is amended as follows.
2
For sub-paragraph (2) of paragraph 1 there are substituted the following sub-paragraphs —
2
This Schedule applies to any national of an EEA State who is established in dental practice in an EEA State other than the United Kingdom.
2A
Any person who —
a
is not a national of an EEA State, but
b
is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State,
shall be treated for the purposes of sub-paragraph (2) above as if he were such a national.
.
3
In sub-paragraph (3) of that paragraph —
a
in the definition of “national”, for the words “a member State” there are substituted the words “an EEA State”; and
b
for the definition of “the Recognition Directive” there is substituted the following definition —
“the Recognition Directive” has the meaning which “Community Council Directive No. 78/686/EEC ” has in Schedule 2 to this Act.
.
4
In sub-paragraph (1) of paragraph 2, for the words “the member State”, “a member State” and “member States” there are substituted the words “the EEA State”, “an EEA State” and “EEA States” respectively.
5
In paragraph 3, for the words “EEC practitioners”, in both places where they occur, there are substituted the words “EEA practitioners”.
6
In paragraphs 4 and 5 —
a
for the words “EEC practitioners” there are substituted the words “EEA practitioners”; and
b
for the words “a member State” there are substituted the words “an EEA State”.
Minor and consequential amendments of the Act
6
1
In subsections (1) and (2) of section 35 of the Act (effect of disqualification in another member State), for the words “a member State” there are substituted the words “an EEA State”.
2
In section 36 of the Act (visiting EEC practitioners), for the words “member States” there are substituted the words “EEA States”.
3
In sections 38(1) and 39(1) of the Act (prohibitions), for the words “EEC practitioner” there are substituted the words “EEA practitioner”.
4
In subsection (1) of section 53 of the Act (interpretation) —
a
after the definition of “diploma” there are inserted the following definitions —
“the EEA Agreement” and “EEA State” have the meanings given by section 15(7) above;
; and
b
for the definition of “visiting EEC practitioner entered in the list of such practitioners” there is substituted the following definition —
“visiting EEA practitioner entered in the list of such practitioners” means a person entered in the list of EEA practitioners under Schedule 4 to this Act
.
Minor and consequential amendments of other Acts
7
In the following interpretation provisions, namely —
a
section 132(1) of the Medicines Act 1968 ;
b
section 37(1) of the Misuse of Drugs Act 1971 ; and
c
section 11(2) of the Poisons Act 1972 ,
in the definition of “dentist”, for the words “EEC practitioners” there are substituted the words “EEA practitioners”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
10th June 1996