text:
PART I
Introduction
Title and commencement
1
These Regulations may be cited as the Beef Special Premium Regulations 2001 and shall come into force on 15th August 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“applicant” means a producer who has made an application for beef special premium;
“the appropriate authority” means the relevant competent authority within the meaning of the IACS Regulations ;
“authorised person” means a person (whether or not an officer of the appropriate authority) who is authorised by the appropriate authority, either generally or specifically, to act in matters arising under these Regulations;
“beef special premium” means one or more of the first premium, the second premium and the bull premium;
“bovine animal” means a male bovine animal within the meaning of Article 1(2)(a) of Council Regulation 1254/1999 ;
“bovine animal in the first age bracket” means a steer which on the date of the commencement of the retention period for it is not less than seven months old but is less than 20 months old;
“bovine animal in the second age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 20 months old;
“bull” means an uncastrated bovine animal which on the date of the commencement of the retention period for it is not less than seven months old;
“bull premium” means the premium payable in respect of bulls pursuant to Article 4(2)(a) of Council Regulation 1254/1999;
“cattle passport” means, in relation to a bovine animal —
to which the Cattle Passports Order 1996 applied, a cattle passport as defined in article 2(2) of that Order;
to which Article 6(1) of Council Regulation 820/97 applied, a valid cattle passport issued pursuant to that Article; and
to which Article 6(1) of Regulation 1760/2000 applies, a valid cattle passport issued pursuant to that Article;
“ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“Commission Regulation 2629/97” means Commission Regulation ( EC ) No. 2629/97 laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals ;
“ Commission Regulation 2342/1999 ” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes (as amended by Commission Regulation (EC) No. 1042/2000 , Commission Regulation (EC) No. 1900/2000 , Commission Regulation (EC) No. 2733/2000 and Commission Regulation (EC) No. 192/2001 );
“Council Regulation 3508/92” means Council Regulation (EEC) No 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“Council Regulation 820/97” means Council Regulation (EC) No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“eartag number” means —
the number on an eartag attached to a bovine animal as the approved identification required by article 4(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ,
an eartag number as defined in article 2(1) of the Bovine Animals (Records, Identification and Movement) Order 1995 ,
the unique identification code referred to in Article 4(1) of Council Regulation 820/97 or
the unique identification code referred to in Article 4(1) of Regulation 1760/2000, as the case may be;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“first premium” means the premium payable in respect of bovine animals in the first age bracket pursuant to the first indent of Article 4(2)(b) of Council Regulation 1254/1999;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“holding” has the same meaning as in Article 3(b) of Council Regulation 1254/1999;
“the IACS Regulations” means the Integrated Administration and Control System Regulations 1993 ;
“livestock unit” means the unit of measurement used to establish the stocking density of the forage area on a holding, and calculated in accordance with Article 12 of, and Annex III to, Council Regulation 1254/1999;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“national administrative document” means the administrative document provided for in Article 4(3)(b) of Council Regulation 1254/1999 and issued by the appropriate authority pursuant to regulation 5;
“the National Assembly” means the National Assembly for Wales;
“official veterinary surgeon” means an official veterinary surgeon designated under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“producer” has the same meaning as in Article 3(a) of Council Regulation 1254/1999;
“regional ceiling” means the maximum number of —
bovine animals in the first age bracket; and
bulls,
entitled to benefit from first premium or bull premium, as the case may be, in the United Kingdom in any calendar year, and referred to in Article 4(4) of, and Annex I to, Council Regulation 1254/1999;
“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 ;
“relevant competent authority” has the same meaning as in the IACS Regulations;
“retention period” means the retention period for bovine animals referred to in Article 4(3)(a) of Council Regulation 1254/1999 and starting, subject to regulation 11, as provided for in Article 5 of Commission Regulation 2342/1999;
“scheme year” means any calendar year in respect of which beef special premium may be paid and includes any part of a retention period in relation to an application for that premium in respect of a given scheme year which falls within the following calendar year;
“second premium” means the premium payable in respect of bovine animals in the second age bracket pursuant to the second indent of Article 4(2)(b) of Council Regulation 1254/1999;
“specified control measure” means any check which a Member State is required to carry out under Article 6 of Commission Regulation 3887/92;
“specified record” means any record which an applicant is required to retain or has retained pursuant to —
regulation 14(1);
article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995;
Article 7(1) and (4) of Council Regulation 820/97 and the Cattle Identification (Enforcement) Regulations 1997 ;
Article 7(1) and (4) of Council Regulation 820/97 and the Cattle Identification Regulations 1998 ; or
Article 7(1) and (4) of Regulation 1760/2000 and the Cattle Identification Regulations 1998;
“steer” means a castrated bovine animal; and
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of land by animals or excessive rutting by vehicles.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 1254/1999, Commission Regulation 2342/1999 and Commission Regulation 3887/92.
3
In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is subsequently capable of being reproduced.
4
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Application
3
1
These Regulations shall apply to any person applying, or who has applied, for a national administrative document and any applicant, and, in relation to the holdings of that person or applicant, to the specified extent.
2
For the purposes of paragraph (1), “the specified extent”, in relation to a person applying, or who has applied, for a national administrative document or an applicant, is the extent to which the Minister or the National Assembly is the relevant competent authority in relation to his holding for the purposes of the IACS Regulations.
PART II
National administrative documents
Application of regulations 5 to 9
4
Regulations 5 to 9 below shall not apply in relation to any bovine animal in respect of which a cattle passport —
a
has been issued; or
b
may be granted pursuant to Part III of the Cattle Identification Regulations 1998.
National administrative documents
5
1
A national administrative document shall take the form of a document accompanying each individual bovine animal in accordance with Article 4(3)(a) of Commission Regulation 2342/1999.
2
A person holding a bovine animal for which no national administrative document has been issued may apply to the appropriate authority for a national administrative document for that bovine animal.
3
An application for a national administrative document shall be made in such form, and shall be accompanied by such information about the bovine animal to which that application relates, as the appropriate authority may reasonably require.
4
Subject to paragraph (5), the appropriate authority shall, following the receipt of an application made pursuant to paragraph (2), issue to the person who made that application a national administrative document in respect of the bovine animal to which that application related.
5
The appropriate authority shall not issue a national administrative document in respect of any bovine animal where any requirement of Article 4 of Regulation 1760/2000, Articles 1 to 3 of Commission Regulation 2629/97 or Part II of the Cattle Identification Regulations 1998 (eartags) is being contravened in relation to that bovine animal.
Sale, purchase and movement of bovine animals
6
No person shall —
a
sell or purchase a bovine animal;
b
transfer or take possession of a bovine animal; or
c
move a bovine animal other than from one part of any premises to another;
unless that bovine animal is accompanied by a national administrative document in respect of it.
Loss, theft or export of bovine animals
7
On the loss, theft or export from the United Kingdom of a bovine animal in respect of which a national administrative document has been issued, the person holding the national administrative document in respect of that animal shall, within seven days of that loss, theft or export, surrender that document to the appropriate authority.
Slaughter and death of bovine animals
8
1
Immediately on the arrival of a bovine animal at a licensed slaughterhouse, the person holding that bovine animal shall give the national administrative document in respect of that bovine animal to the operator of that slaughterhouse.
2
On the slaughter of a bovine animal at a licensed slaughterhouse, the operator of that slaughterhouse shall, within seven days of that bovine animal’s slaughter, surrender the national administrative document in respect of that bovine animal to the appropriate authority and, for the purposes of this paragraph, the surrender of that national administrative document to the official veterinary surgeon shall be treated as its surrender to the appropriate authority.
3
On the death of a bovine animal other than by slaughter at a licensed slaughterhouse, the person holding that bovine animal at the time of death shall, within seven days of that bovine animal’s death, surrender the national administrative document in respect of that animal to the appropriate authority.
Duplicate or replacement national administrative documents
9
1
Where a bovine animal which has been lost or stolen is subsequently restored to the person who surrendered the national administrative document in respect of it pursuant to regulation 7, that person may apply to the appropriate authority for a duplicate of that national administrative document.
2
Where a national administrative document issued in respect of a bovine animal has been lost, stolen or destroyed, the person then holding that bovine animal may apply to the appropriate authority for a duplicate of that national administrative document.
3
Where, in the event of the replacement of an eartag on a bovine animal in respect of which a national administrative document has been issued, the eartag number identifying that bovine animal is replaced with a different eartag number, the person holding that bovine animal may apply to the appropriate authority for a replacement national administrative document in respect of that bovine animal.
4
Following the receipt of an application made under this regulation, together with, in the case of an application made pursuant to —
a
paragraph (1), such details relating to the bovine animal concerned and such proof as the appropriate authority may reasonably require regarding that bovine animal’s loss or theft and subsequent restoration;
b
paragraph (2), such proof as that authority may reasonably require of the loss, theft or destruction of the national administrative document concerned; or
c
paragraph (3), such proof as that authority may reasonably require of the replacement of the eartag number in question,
that authority shall, save where any requirement specified in regulation 5(5) is being contravened in relation to that bovine animal, issue to the person making that application a duplicate or replacement national administrative document as the case may be.
PART III
Beef special premium
Specific requirements relating to applications for beef special premium
10
1
No application made to the appropriate authority for beef special premium shall be approved by that authority unless that application is accompanied by the cattle passports or national administrative documents in respect of the bovine animals to which that application relates.
2
In respect of any application made to the appropriate authority for beef special premium —
a
for the purposes of the first indent of Article 4(5) of Council Regulation 1254/1999, the headage limit of 90 bovine animals per holding and per age bracket shall not apply to that application; and
b
for the purposes of the second indent of that Article, where the regional ceiling has been exceeded, a proportionate reduction in the number of bovine animals entitled to benefit from that premium shall not be applied to that application if it is made by a small producer,
and for the purposes of this paragraph “small producer” means an applicant who has, for the scheme year in question, made an application in respect of no more than 30 bovine animals, which animals shall not include bovine animals —
i
covered by an application which has subsequently been withdrawn by the applicant; or
ii
withdrawn from an application as a result of errors notified by the applicant to the appropriate authority pursuant to Article 11(1a) of Commission Regulation 3887/92.
3
An applicant shall not be entitled to make more than twelve applications for beef special premium during any one calendar year.
Commencement of retention period
11
For the purposes of Article 5 of Commission Regulation 2342/1999, an applicant may, when making an application for beef special premium, specify the starting date for the commencement of the retention period for the bovine animals specified in his application in accordance with the second paragraph of that Article.
Overgrazing
12
1
Subject to paragraph (2) below, where in the year preceding any given scheme year the appropriate authority forms the opinion that any parcel of land is being overgrazed, that authority may notify the occupier of the maximum number of bovine animals which may be grazed and maintained on that parcel in that scheme year, which number shall be determined by taking account of the number of other animals (expressed in terms of livestock units) likely to be grazed and maintained on the parcel concerned in the scheme year in question and having regard to such conditions as may be specified in the notification.
2
The appropriate authority may in the year preceding any given scheme year issue a notification under paragraph (1) above, even where there is no evidence that the parcel of land to which it relates is being overgrazed, if —
a
that authority has previously made such a notification under paragraph (1); or
b
that authority has made a notification under any of the provisions specified in paragraph (5),
in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where —
a
the appropriate authority has made a notification under paragraph (1); or
b
that authority has made a notification under any of the provisions specified in paragraph (5),
no beef special premium shall be paid in respect of the scheme year for which it was issued on any number of bovine animals grazed and maintained in that scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.
4
Where the appropriate authority has made a notification under paragraph (1) above and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more bovine animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the scheme year for which it was issued,
that authority may withhold or recover on demand the whole or any part of the beef special premium otherwise payable or as the case may be already paid to the recipient of the notification for the scheme year to which it relates.
5
The provisions referred to in paragraphs (2) and (3) are —
a
regulation 11 of the Beef Special Premium Scheme Regulations 1996 ;
b
regulation 3A of the Suckler Cow Premium Regulations 1993 ;
c
regulation 5 of the Suckler Cow Premium Regulations 2001 ;
d
where the Minister is the appropriate authority, regulation 8 of the Slaughter Premium Regulations 2000 ;
e
where the National Assembly is the appropriate authority, regulation 8 of the Slaughter Premium (Wales) Regulations 2001 ;
f
regulation 3A of the Sheep Annual Premium Regulations 1992 ; and
g
regulation 10 of the Hill Livestock (Compensatory Allowances) Regulations 1999 .
Unsuitable supplementary feeding methods
13
1
Where, in any scheme year, the applicant uses unsuitable supplementary feeding methods, the appropriate authority may —
a
in accordance with paragraph (2), reduce or withhold the amount of beef special premium otherwise payable to him; or
b
where such premium has already been paid to him, recover any premium so paid, in respect of that scheme year.
2
Where the applicant was not penalised for using unsuitable supplementary feeding methods under paragraph (1) nor under any of the provisions specified in paragraph (3) in the preceding scheme year, the amount of premium payable to him may be reduced by 10 per cent; where the applicant was so penalised in the preceding scheme year, but not in the scheme year before that, that amount may be reduced by 20 per cent; and where the applicant was so penalised in each of the two preceding scheme years that amount may be withheld.
3
The provisions referred to in paragraph (2) are —
a
regulation 12 of the Beef Special Premium Scheme Regulations 1996;
b
regulation 3B of the Suckler Cow Premium Regulations 1993;
c
regulation 6 of the Suckler Cow Premium Regulations 2001;
d
where the Minister is the appropriate authority, regulation 9 of the Slaughter Premium Regulations 2000;
e
where the National Assembly is the appropriate authority, regulation 9 of the Slaughter Premium (Wales) Regulations 2001;
f
regulation 3B of the Sheep Annual Premium Regulations 1992; and
g
regulation 8(3) of the Hill Livestock (Compensatory Allowances) Regulations 1999.
Retention of records
14
1
An applicant shall retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to —
a
the number of bovine animals kept on his holding during the period of two months following that date, and
b
any transaction concerning bovine animals carried out by him on that date and during the period of twelve months following that date.
2
For the purpose of this regulation “relevant date” means, in relation to an applicant, the date on which his application for beef special premium was received by the appropriate authority.
PART IV
General
Powers of authorised persons
15
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any specified control measure, or
b
ascertaining whether an offence under regulation 19(d) has been or is being committed.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, a holding occupied by, or in the possession of —
a
a person who has applied for a national administrative document pursuant to regulation 5; or
b
an applicant.
3
An authorised person who has entered any land by virtue of paragraph (2)(a) may inspect, identify and count any bovine animals on that land.
4
An authorised person who has entered any land by virtue of paragraph (2)(b) may —
a
inspect and verify the total area of land, including forage area, farmed by an applicant;
b
inspect, identify and count any bovine animals on that land;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
5
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
6
An authorised person may —
a
require a person who has applied for a national administrative document, an applicant or any employee, servant or agent of that person or applicant to produce any specified record and to supply such additional information in that person’s possession or under his control relating to an application for a national administrative document or beef special premium as the authorised person may reasonably request;
b
require a person who is selling a bovine animal in respect of which a national administrative document has been issued to produce or cause to be produced that national administrative document;
c
inspect any cattle passport, national administrative document or specified record and, where any specified record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;
d
require that copies of, or extracts from, any cattle passport, national administrative document or specified record be produced; and
e
seize and retain any specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
16
A person who has applied for a national administrative document, an applicant or any employee, servant or agent of that person or applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 15 and in particular, in relation to any bovine animals, shall arrange for the collection, penning and securing of such bovine animals, if so requested.
Withholding and recovery of premium
17
1
Where at any time during a scheme year an applicant fails to —
a
comply with the requirements of regulation 14(1);
b
comply with the requirements of article 7(4) of Regulation 1760/2000 and the Cattle Identification Regulations 1998; or
c
in the reasonable opinion of the appropriate authority, keep any specified record in a form which is accurate and up to date,
the appropriate authority may withhold or recover on demand the whole or any part of any beef special premium payable or, as the case may be, paid to the applicant in respect of that scheme year.
2
Where an applicant intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 15, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the appropriate authority shall be entitled to recover on demand from that applicant the whole or any part of any beef special premium paid to him.
3
Where a person (other than an applicant) intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 15, or fails without reasonable excuse to comply with a request made by an authorised person for the purpose of exercising such a power, the appropriate authority shall be entitled where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any beef special premium paid to that applicant.
Rate of interest
18
Except where the appropriate authority recovers from any applicant any beef special premium or part of any such premium paid to that applicant as a result of an error of that authority, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
19
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 6,7,8 or 14(1);
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 15;
c
without reasonable excuse, to fail to comply with a request made under regulation 16; or
d
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished —
i
in purported compliance with any requirement imposed by regulation 14(1); or
ii
for the purposes of obtaining for himself or any other person the whole or any part of any beef special premium.
Punishment of offences
20
1
A person guilty of an offence under regulation 19(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 19(d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
21
1
Proceedings for an offence under regulation 19 may, subject to paragraph (2) below, in England and Wales be brought, and in Scotland be commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be brought by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
22
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations and savings
23
1
Subject to paragraph (2), the Beef Special Premium Regulations 1996 (“the 1996 Regulations ”) and the Beef Special Premium (Amendment) Regulations 1999 are hereby revoked in so far as they apply to the extent to which these Regulations apply pursuant to regulation 3.
2
Paragraph (1) shall not affect the continued operation of regulations 11 to 21 of the 1996 Regulations in respect of Community premium (within the meaning of those Regulations) paid under those Regulations.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
11th July 2001
Signed on behalf of the National Assembly for Wales
John Marek
The Deputy Presiding Officer of the National Assembly
10th July 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No.4) Regulations 2001 and shall come into force on 14th December 2001.
2
These Regulations extend to England only.
3
In these Regulations “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
4
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
2
1
In regulation 2 (interpretation) —
a
insert the following definitions in the appropriate alphabetical positions —
“ Abolition of the Tribunal Regulations ” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ;
,
“director” means —
a director of a body corporate; or
a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);
,
“employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;
,
“equivalent body” means a Health Authority in Wales, a Health Board or an NHS trust in Scotland or a Health and Social Services Board in Northern Ireland;
,
“equivalent lists” means lists kept by an equivalent body;
,
“ FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the Act ;
,
“fraud case” means a case where a person satisfies the second condition for removal from the medical list, set out in section 49F(3) of the Act, or by virtue of section 49H of the Act is treated as doing so;
,
“licensing or regulatory body” means the body that licenses or regulates any profession of which the doctor is or has been a member;
,
“lists” means lists referred to in section 49N(1)(a) to (c);
,
“Medical Supplementary List” means a list prepared by a Health Authority in accordance with section 43D of the Act of doctors approved by the Health Authority for the purposes of assisting in the provision of general medical services
,
“a national disqualification” means —
a decision made by the FHSAA in relation to a doctor under section 49N of the Act,
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act,
a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations,
a decision by the Tribunal, which applies to the whole of Wales and which is made after 13th December 2001;
,
“the NCAA ” means the National Clinical Assessment Authority established as a Special Health Authority under section 11 of the Act ;
,
“the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service ;
,
“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;
,
“professional conduct” includes matters relating both to professional conduct and professional performance;
,
“professional registration number” means the number against the doctor’s name in the register maintained by the General Medical Council;
,
“suspended” means —
suspended by a Health Authority under sections 49I or 49J of the Act or under regulations made under sections 28DA or 43D of the Act, or section 8ZA of the 1997 Act ,
in relation to Wales, suspended by the Tribunal,
in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in section 49I or 49J of the Act,
and shall be treated as including a case where a person is treated as suspended by a Health Authority in England by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations,
and “suspends” and “suspension” shall be construed accordingly;
;
b
for the definition of “the Tribunal” substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which had effect in relation to England only until 14th December 2001;”; and
c
omit the definitions of “ FHSA ”, “Family Health Services Authority” and “suspended by direction of the Tribunal;”.
2
In the provisions of the principal Regulations listed in the Schedule to these Regulations —
a
for “FHSA” wherever it appears substitute “Health Authority”,
b
for “An” wherever it appears immediately preceding “FHSAA” substitute “A”, and
c
for “an” wherever it appears immediately preceding “FHSAA” substitute “a”.
Amendment of regulation 6
3
In regulation 6 (amendment of or withdrawal from the medical list), for paragraph (6) substitute —
6
Where a Health Authority is investigating a doctor —
a
for the purpose of deciding whether or not to exercise its powers under section 49F, 49G or 49I of the Act;
b
in order to see whether the doctor has failed to comply with a condition imposed on his inclusion under regulation 18M so as to justify his removal from the list; or
c
who has been suspended under section 49I(1)(a) of the Act,
the doctor may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the matter has been finally determined by the Health Authority.
7
Where a Health Authority has decided to remove a doctor from a list under section 49F or 49G of the Act, or contingently remove him under section 49G of the Act, or remove him for breach of a condition imposed on inclusion under regulation 18M, but has not yet given effect to its decision, the doctor may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent.
8
Where a Health Authority has suspended a doctor under section 49I(1)(b) of the Act, the doctor may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Health Authority.
.
Amendment of regulation 7
4
In regulation 7 (removal from the medical list) —
a
in paragraph (1) omit sub-paragraphs (d) and (e);
b
in paragraph (3)(a) after “as mentioned in section 29(8) of the Act (suspension by direction or order of the Health Committee or by interim order of the Preliminary Proceedings Committee)” add “or in section 41A of the Medical Act 1983 (interim orders committee) .”;
c
for paragraph (3)(c), substitute —
c
any period during which the doctor provided no medical services by reason only that he was suspended from the medical list.
.
Insertion of new regulations
5
After regulation 7 ( removal from the medical list) insert the following regulations —
Supplementary matters relating to removal
7A
In addition to the services covered by the definition of “health scheme” in section 49F(8) of the Act, the following shall also be health schemes —
a
health services, including medical and surgical treatment, provided by Her Majesty’s Forces;
b
services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984 ;
c
health services provided to a prisoner in the care of the medical officer or other such officer of a prison appointed for the purposes of section 7 of the Prison Act 1952 ;
d
publicly-funded health services provided by or on behalf of any organisation anywhere in the world.
Criteria for decisions on removal
7B
1
Where a Health Authority is considering removal of a doctor under section 49F(4) of the Act (an unsuitability case), it shall consider the information from the doctor supplied under paragraph 36A(1), (2), (4) and (5) of Schedule 2 and must apply the criteria set out in paragraph (2).
2
The criteria referred to in paragraph (1) are —
a
the nature of any criminal offence, investigation or incident;
b
the length of time since any such offence or incident was committed, and since any criminal conviction or investigation;
c
whether there are other criminal offences to be considered;
d
the penalty imposed on any criminal conviction or the outcome of any investigation;
e
the relevance of any criminal offence, or investigation into professional conduct, on the provision by the doctor of general medical services and the likely risk to patients;
f
whether any criminal offence was a sexual offence to which Part I of the Sexual Offences Act 1997 applies;
g
whether the doctor has been refused admittance to, conditionally included, removed, contingently removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case; and
h
whether he was at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which was refused admittance to, conditionally included, removed or contingently removed from other Health Authority lists or equivalent lists, or is currently suspended from such lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case.
3
Where a Health Authority is considering removal of a doctor under section 49F(3) of the Act (a fraud case), it shall consider the information from the doctor supplied under paragraph 36A(1), (2), (4) and (5) of Schedule 2, and must apply the criteria set out in paragraph (4).
4
The criteria referred to in paragraph (3) are —
a
the nature of any incidents of fraud;
b
the length of time since any incident occurred, and since the investigation was concluded;
c
whether there are other incidents of fraud or other criminal offences to be considered;
d
any action taken by any licensing, regulatory or other body, the police or the courts as a result of any such incident;
e
the relevance of the investigation to the provision by him of general medical services and the likely risk to patients or to public finances;
f
whether the doctor has been refused admittance to, conditionally included, removed, contingently removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case;
g
whether he was at the time, has in the preceding six months been, or was at the time of the originating events a director of a body corporate which was refused admittance to, conditionally included, removed or contingently removed from other Health Authority lists or equivalent lists, or is currently suspended from such lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case.
5
Where a Health Authority is considering removal of a doctor under section 49F(2) of the Act (an efficiency case), it shall consider the information from the doctor supplied under paragraph 36A(1), (2), (4) and (5) of Schedule 2, and must apply the criteria set out in paragraph (6).
6
The criteria referred to in paragraph (5) are —
a
whether it was prejudicial to the efficiency of the general medical services provided by the doctor;
b
the length of time since any incident occurred, and since the investigation was concluded;
c
any action taken by any licensing, regulatory or other body, the police or the courts as a result of any such incident;
d
the nature of the incident and whether there is a likely risk to patients;
e
whether the doctor has ever failed to comply with a request by the Health Authority to undertake an assessment by the NCAA;
f
whether the doctor has previously failed to make a declaration or comply with an undertaking required by these Regulations;
g
whether the doctor has been refused admittance to, conditionally included, removed, contingently removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case;
h
whether he was at the time, has in the preceding six months been, or was at the time of the originating events a director of a body corporate which was refused admittance to, conditionally included, removed or contingently removed from other Health Authority lists or equivalent lists, or is currently suspended from such lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case.
7
In making any decision under section 49F of the Act, the Health Authority shall take into account the effect of all relevant incidents and offences relating to the doctor of which it is aware, whichever condition it relies on.
8
When making a decision on any condition in section 49F of the Act, the Health Authority shall state in its decision on which condition (or conditions) in section 49F of the Act it relies.
Cases where the Health Authority must remove a doctor
7C
1
The Health Authority must remove the doctor from the medical list where it becomes aware that the doctor —
a
has been convicted in the United Kingdom of murder;
b
has been convicted in the United Kingdom since 13th December 2001 of a criminal offence and has been sentenced to a term of imprisonment of over six months.
2
The Health Authority shall notify the doctor immediately that he has been removed from the list.
Notifications by Health Authorities
7D
1
Where a Health Authority —
a
refuses to approve or nominate a doctor under regulation 18EE;
b
removes a doctor under section 49F of the Act;
c
contingently removes a doctor under section 49G of the Act; or
d
suspends a doctor,
it shall notify the persons and bodies specified in paragraph (2), and shall notify those specified in paragraph (3) if so requested by those persons or bodies, of the matters set out in paragraph (4).
2
Where paragraph (1) applies, a Health Authority shall notify —
a
the Secretary of State;
b
any Health Authority in England that has the doctor, or a body corporate of which the doctor is director, on any of its lists, or is considering an application for inclusion in any of its lists by such a doctor or body corporate;
c
the Scottish Executive;
d
the National Assembly for Wales;
e
the Northern Ireland Executive;
f
the General Medical Council or any other appropriate regulatory body;
g
the local medical committee for its area;
h
any other organisation that, to the knowledge of the Health Authority, employs or uses the services of the doctor in a professional capacity;
i
where it is a fraud case, the National Health Service Counter Fraud Service.
3
Where paragraph (1) applies, the Health Authority shall notify any person or body that can establish that it is considering employing the doctor in a professional capacity if the Health Authority receives a written request (including an electronic request) to do so.
4
The matters referred to in paragraph (1) are —
a
identifying details of the doctor;
b
professional registration number;
c
date and copy of the decision of the Health Authority;
d
a contact name of a person in the Health Authority for further enquiries.
5
The Health Authority shall send to the doctor concerned a copy of any information about him provided to the persons or bodies specified in paragraphs (2) and (3) and any correspondence with those persons or bodies.
6
Where the Health Authority has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may in addition, if so requested by that person or body, notify that person or body of any evidence that was considered, including representations made by the doctor.
7
Where a Health Authority is notified by the FHSAA that it has imposed a national disqualification on a doctor whom the Health Authority had removed from its list, it shall notify the persons or bodies listed in paragraph (2)(b), (g), (h) and (i) and paragraph (3).
8
Where a decision is changed on review or appeal, or a suspension lapses, the Health Authority shall notify any person or body that was notified of the original decision of the later decision.
Procedure on removal
7E
1
Where a Health Authority is considering —
a
removing a doctor under section 49F of the Act (other than in cases specified in regulation 7C);
b
contingently removing a doctor under section 49G of the Act;
c
removing a doctor for a breach of a condition imposed under regulation 49G of the Act; or
d
removing a doctor for breach of a condition imposed under regulation 18M,
it shall follow the procedure set out in paragraphs (3) to (8) below.
2
Where a Health Authority is notified by the FHSAA that it has considered —
a
an appeal by a doctor against a contingent removal by the Health Authority and has decided to remove him instead; or
b
an appeal by a doctor against a conditional inclusion, where the doctor has been conditionally included in the list until the appeal has been decided, and has decided not to include him,
the Health Authority shall remove the doctor and shall notify the doctor immediately that it has done so.
3
Before reaching a decision of the kind mentioned in paragraph (1), the Health Authority shall —
a
give the doctor notice in writing of any allegation against him;
b
give the doctor notice of what action the Health Authority is considering and on what grounds;
c
give him the opportunity to make written representations to the Health Authority within 28 calendar days of the date of the notification under sub-paragraph (b);
d
give him the opportunity to put his case at an oral hearing before the Health Authority, if he so requests within the 28 day period mentioned in sub-paragraph (c).
4
If there are no representations within the period specified in paragraph (3)(c), the Health Authority shall inform the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal.
5
If there are representations, the Health Authority must take them into account before reaching its decision, and notifying the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal.
6
If the doctor requests an oral hearing, this must take place before the Health Authority reaches its decision, and the Health Authority must then notify the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal.
7
When the Health Authority notifies the doctor of any decision, it shall inform him that if he wishes to exercise a right of appeal, he has 28 days from the date of the decision to do so, and shall tell him how to do so.
8
The Health Authority shall also notify the doctor of his right to have the decision reviewed in accordance with section 49L of the Act.
Procedure on suspension
7F
1
Before reaching a decision to suspend a doctor under section 49I or 49J of the Act, the Health Authority shall —
a
give the doctor notice in writing of any allegation against him;
b
give the doctor notice of what action the Health Authority is considering and on what grounds;
c
give him the opportunity to put his case at an oral hearing before the Health Authority on a specified day, provided that at least 24 hours' notice of the hearing is given;
d
give the doctor notice of his right of review under section 49L of the Act.
2
If the doctor does not wish to have an oral hearing or does not attend the oral hearing, the Health Authority shall inform him of its decision and the reasons for it (including any facts relied upon).
3
If an oral hearing takes place, the Health Authority shall take into account any representations made before it reaches its decision.
4
The Health Authority may suspend the doctor with immediate effect following the hearing.
5
The Health Authority shall notify the doctor of its decision and the reasons for it (including any facts relied upon).
Procedure on review of Health Authority decision
7G
1
If a Health Authority decides to review its decision to conditionally include, contingently remove or suspend a doctor under section 49I of the Act, it shall —
a
notify the doctor in writing that it intends to review its decision;
b
notify him of what action it has in mind and the reasons for it;
c
give him the opportunity to make written representations to the Health Authority within 28 calendar days of the date of the notification under sub-paragraph (b);
d
give him the opportunity to put his case at an oral hearing before the Health Authority if he requests one within the 28 day period mentioned above;
e
after any hearing or on completion of the review, notify him of its decision and the reasons for it (including any facts relied upon).
2
If there are representations, the Health Authority must take them into account before reaching its decision.
3
The Health Authority shall notify the doctor of its decision and the reasons for it (including any facts relied upon).
4
If the doctor requests an oral hearing, this must take place before the Health Authority reaches its decision.
5
The Health Authority shall notify the doctor of its decision and the reasons for it (including any facts relied upon).
6
When the Health Authority notifies the doctor of any decision, it shall inform him of any right of appeal, that he has 28 days from the date of the decision to exercise that right if he wishes to do so, and tell him how to do so.
7
The Health Authority shall also notify the doctor of his right to have the decision further reviewed in accordance with section 49L of the Act.
National Disqualification
7H
The period for review shall be the different period specified below instead of that in section 49N(8) of the Act where the circumstances are that —
a
on making a decision to impose a national disqualification, the FHSAA states that it is of the opinion that the criminal or professional conduct of the doctor is such that there is no realistic prospect of a further review being successful if held within the period specified in section 49N(8)(a) of the Act, in which case the reference to “two years” in that provision shall be a reference to five years;
b
on the last review by the FHSAA of a national disqualification the doctor was unsuccessful and the FHSAA states that it is of the opinion that there is no realistic prospect of a further review being successful if held within a period of three years beginning with the date of its decision on that review, in which case the reference to “one year” in section 49N(8)(b) of the Act shall be a reference to three years;
c
the FHSAA states that it is of the opinion that because a criminal conviction considered by the FHSAA in reaching its decision has been quashed or the penalty reduced on appeal, there is a need for an immediate review, in which case the reference to “two years” or “one year” in section 49N(8) of the Act shall be a reference to the period that has already elapsed;
d
the FHSAA is of the opinion that because the decision of a licensing, regulatory or other body has been quashed or the penalty reduced on appeal, there is a need for an immediate review, in which case the reference to “two years” or “one year” in section 49N(8) of the Act shall be a reference to the period that has already elapsed.
.
Amendment of regulation 18E
6
1
In regulation 18E(1) (criteria for approval and nomination) —
a
omit sub-paragraph (bb);
b
after sub-paragraph (d) add —
e
unless the Health Authority has checked as far as practicable the references and information provided by the doctor in accordance with paragraphs 5, 6, 6A and 18 of Part III of Schedule 3;
f
unless the Health Authority has checked with the National Health Service Counter Fraud Service whether the doctor has any record of a fraud case.
.
Insertion of new regulations 18EE and 18EF
7
After regulation 18E insert —
Grounds for refusal
18EE
1
The grounds on which a Health Authority may refuse to approve or nominate a doctor are —
a
that the Health Authority having considered the declaration required by paragraph 6A of Part III of Schedule 3 and any other information in its possession in relation to the application, considers he is unsuitable to be included in the list;
b
that having checked the information provided by the doctor in paragraphs 5 and 6 of Part III of Schedule 3, the Health Authority considers the doctor is unsuitable to be included in the list;
c
that having contacted referees, the Health Authority is not satisfied with the references given in accordance with paragraph 18 of that Part;
d
that having checked with the National Health Service Counter Fraud Service for any facts that it considers relevant relating to past or current investigations into a fraud case, involving the doctor, and any fraud case relating to the doctor, the Health Authority considers these justify such refusal;
e
that there are any grounds for the Health Authority to consider that admitting the doctor to the list would be prejudicial to the efficiency of the service which he would undertake.
2
The grounds on which a Health Authority must refuse to approve or nominate a doctor are —
a
where the doctor has been convicted in the United Kingdom of murder;
b
where, after the 13th December 2001, he has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over six months;
c
where he is the subject of a national disqualification;
d
where he has not updated his application in accordance with regulation 18EF(4);
e
where he does not notify the Health Authority under regulation 18M(11) that he wishes to be included in the list subject to the specified conditions.
3
Where the Health Authority is considering refusal of a doctor under paragraph (1), it shall consider all facts which appear to it to be relevant and shall in particular take into consideration in relation to paragraph (1)(a), (b) or (d) above —
a
the nature of any offence, investigation or incident;
b
the length of time since such offence or incident was committed and since any conviction or investigation;
c
whether there are other offences, incidents or investigations to be considered;
d
any action or penalty imposed by any licensing, regulatory or other body, the police or the courts as a result of any such offence, incident or investigation;
e
the relevance of any offence, investigation or incident to the provision by him of general medical services and any likely risk to his patients or to public finances;
f
whether any offence was a sexual offence to which Part I of the Sexual Offences Act 1997 applies;
g
whether he has been refused admission to or conditionally included in, removed, contingently removed, or is currently suspended from any of a Health Authority’s lists or from equivalent lists, and if so, what the facts were in those cases and the reasons given by the Health Authority or equivalent body involved; and
h
whether he was at the time, has in the preceding six months been, or was at the time of the originating events a director of a body corporate which was refused admittance to, conditionally included, removed or contingently removed from other Health Authority lists or equivalent lists, or is currently suspended from such lists, and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case.
4
When the Health Authority takes into consideration the matters set out in paragraph (3), it shall consider the overall effect of all the matters being considered.
5
When refusing to nominate or approve an additional doctor, the Health Authority shall notify the doctor of its decision and the reasons for it (including any facts relied upon), and of any right of appeal under regulation 18GG against the Health Authority’s decision.
Deferment of decision
18EF
1
A Health Authority may defer a decision whether to approve an additional doctor under regulation 18A or 18B, or to nominate him under regulation 18C, or to approve a replacement doctor under regulation 18I —
a
where there are legal proceedings anywhere in the world that would be criminal proceedings if brought in the United Kingdom, and that if successful would be likely to lead to the removal of the doctor from the Health Authority list if he had been included;
b
where there are legal proceedings anywhere in the world against a body corporate of which the doctor is, has in the preceding six months been, or was at the time of the originating events a director, that would be criminal proceedings if brought in the United Kingdom, and that if successful would be likely to lead to the removal of the doctor from the Health Authority list if he had been included;
c
where there is an investigation anywhere in the world by the doctor’s licensing or regulatory body or any other investigation (including one by another Health Authority or equivalent body) relating to him in his professional capacity that if successful would be likely to lead to the removal of the doctor from the Health Authority list if he were to be included;
d
where the doctor is suspended from any of the lists or equivalent lists;
e
where a body corporate of which the doctor is, has in the preceding six months been, or was at the time of the originating events a director, is suspended from any of the lists or equivalent lists;
f
where the FHSAA is considering an appeal by the doctor against a decision of a Health Authority to refuse to approve, nominate or admit a doctor to its list, or to conditionally include in or to contingently remove from, or to remove from any list kept by a Health Authority and if that appeal is unsuccessful the Health Authority would be likely to remove the doctor from the Health Authority list if he had been included;
g
where the FHSAA is considering an appeal by a body corporate of which the doctor is, has in the preceding six months been, or was at the time of the originating events a director, against a decision of a Health Authority to refuse to approve, nominate or admit a doctor to its list, or to conditionally include in or to contingently remove from, or to remove from any list kept by a Health Authority and if that appeal is unsuccessful the Health Authority would be likely to remove the doctor from the Health Authority list if he had been included;
h
where the doctor is being investigated by the National Health Service Counter Fraud Service in relation to any fraud case, where the result if adverse would be likely to lead to the removal of the doctor from the Health Authority list if he had been included;
i
where a body corporate, of which the doctor is, has in the preceding six months been, or was at the time of the originating events a director, is being investigated by the National Health Service Counter Fraud Service in relation to any fraud case, where the result if adverse would be likely to lead to the removal of the doctor from the Health Authority list if he were to be included;
j
where the FHSAA is considering an application from a Health Authority for a national disqualification of the doctor;
k
where the FHSAA is considering an application from a Health Authority for a national disqualification of the doctor or a body corporate of which the doctor is, has in the preceding six months been, or was at the time of the originating events a director.
2
A Health Authority may only defer consideration under paragraph (1) above until the outcome of the relevant event mentioned in sub-paragraph (a) to (k) is known.
3
A Health Authority must notify the doctor of a decision to defer a decision of an application and the reasons for this.
4
Once the outcome of the relevant event mentioned in paragraph (1) is known the Health Authority shall notify the doctor that he must update his application within 28 days (or such longer period as the Health Authority may agree) with any relevant information before it can be considered.
5
Provided any additional information has been received within the 28 days or the time agreed, the Health Authority shall notify the doctor as soon as possible —
a
that his application to be approved or nominated has been successful; or
b
that the Health Authority has decided to refuse the application or impose conditions on his inclusion, and the reasons for it (including any facts relied upon), and of any right of appeal under regulation 18GG or 18M(8).
.
Amendment of regulation 18F
8
In regulation 18F (entry on to medical list) —
a
in paragraph (1) omit “(and, where applicable any other Authority referred to in paragraph (2))”;
b
omit paragraph (2); and
c
after paragraph (3) add —
4
Where the Health Authority nominates or approves a doctor or replacement doctor pursuant to regulations 18A, 18B, 18C or 18I, but subject to conditions imposed under regulations made under section 43ZA of the Act, the name of the doctor may be included on the medical list during the period for bringing an appeal to the FHSAA pursuant to regulation 18GG, or if an appeal is brought, until such time as that appeal has been decided, provided the doctor agrees to be bound by the conditions imposed until the time for appeal has expired or the appeal is decided.
.
Amendment of regulation 18G
9
In regulation 18G, in paragraph (1)(a) for “has refused to approve pursuant to regulation 18E(2)(a)” substitute “has refused to approve pursuant to regulation 18E(1)(b) or (2)(a)”.
Insertion of new regulation 18GG
10
1
After regulation 18G (appeal to the Secretary of State ) insert —
Appeal to the FHSAA
18GG
1
A doctor may appeal to the FHSAA against a decision of a Health Authority to refuse to approve or nominate him pursuant to regulation 18EE(1) or 18I(6)(b)(iii).
2
Such appeal shall be by way of redetermination.
.
Amendment of regulation 18I
11
In regulation 18I (procedure in cases to which regulation 18H applies) —
a
in paragraph (6) —
i
at the end of sub-paragraph (a)(iv) omit “and” and add —
v
where there are grounds for refusal under regulation 18EE(2), and
;
ii
at the end of sub-paragraph (b)(i) omit “or”;
iii
after sub-paragraph (b)(ii) add —
, or
iii
where there are grounds for refusal under regulation 18EE(1) having taken into consideration the matters set out in regulation 18EE(3) and (4).
;
b
in paragraph (7) omit “(and, where applicable, any other Authority referred to in regulation 18H(3))”;
c
after paragraph (7) insert —
7A
The Health Authority may determine in accordance with regulation 18M that the doctor be subject to conditions on his inclusion.
;
d
in paragraph (8)(a) for “pursuant to paragraph (6)(a)(i), (iii), or (iv) or (b)(ii)” substitute “pursuant to paragraph (6)(a)(i), (iii), (iv) or (v) or (b)(ii)”;
e
after paragraph (8) insert —
8A
Where a Health Authority refuses to approve a replacement doctor pursuant to paragraph (6)(b)(iii) —
a
the Health Authority shall so notify the doctor in accordance with regulation 18EE(5), and
b
the doctor may appeal to the FHSAA in accordance with regulation 18GG.
.
Amendment of regulation 18J
12
In regulation 18J (cross-border vacancies) —
a
in paragraph (8), omit “and” at the end of sub-paragraph (a);
b
after sub-paragraph (b) of paragraph (8) add —
c
there being no grounds for refusal under regulation 18EE(1) and (2);
d
the right to defer consideration of its decision in regulation 18EF(1); and
e
the Health Authority being able to impose conditions in accordance with regulation 18M.
.
Insertion of new regulation 18M
13
1
After regulation 18L (transitional provisions) insert —
Conditional Inclusion
18M
1
A Health Authority may determine that if a doctor is to be included in the list, he is to be subject, while he remains included in the list, to the imposition of conditions, having regard to the requirements in section 43ZA(2) of the Act.
2
A Health Authority may vary the terms of service as provided for in Schedule 2 to these Regulations in relation to the applicant for the purpose of, or in connection with, the imposition of those conditions.
3
The Health Authority may of its own volition or at the request of the doctor concerned review any decision made under this regulation.
4
A doctor may not request a review of a Health Authority decision until the expiry of a three month period beginning with the date the Health Authority includes the doctor’s name on the list.
5
After a review has taken place, the doctor cannot request another review before the expiry of six months from the date of the decision on the previous review.
6
On such a review, the Health Authority may vary the conditions, impose different conditions or remove the doctor from the list.
7
Failure to comply with a condition may lead to removal of the doctor from the list.
8
There shall be an appeal to the FHSAA from any decision of the Health Authority —
a
to impose conditions, or any particular condition on a doctor;
b
to vary a condition;
c
to vary his terms of service;
d
on any review of an earlier such decision of the Health Authority;
e
to remove him from the medical list for breach of condition,
and the appeal shall be by way of redetermination of the Health Authority decision.
9
On appeal the FHSAA may make any decision which the Health Authority could have made.
10
Where the decision of the FHSAA on appeal is that conditions be imposed on the doctor, whether or not those conditions are identical with the conditions imposed by the Health Authority, the Health Authority shall ask the doctor to notify it within 28 days of the decision (or such longer period as the Health Authority may agree), whether he wishes to be included on the medical list subject to these conditions.
11
If the doctor notifies the Health Authority that he does wish to be included in the medical list subject to the conditions, the Health Authority shall so include him.
12
Subject to regulation 18F(4), any decision of the Health Authority that may be the subject of an appeal under paragraph (8) shall not have effect until the FHSAA has determined any appeal against it or any time for appeal has expired.
13
A Health Authority shall disclose to the persons or bodies specified in paragraph (15) below, information of the kind mentioned in paragraph (14) about doctors whose inclusion in the list is subject to conditions imposed under this regulation and about the removal of such persons from the list for breach of such a condition.
14
The information referred to in paragraph (13) is —
a
identifying details of the doctor;
b
professional registration number;
c
date and copy of the decision of the Health Authority;
d
the contact name of a person in the Health Authority for further enquiries.
15
Persons or bodies to whom information shall be disclosed under paragraph (13) are —
a
the Secretary of State;
b
any Health Authority in England that has the doctor on any of its lists, or a body corporate of which the doctor is a director, or any Health Authority in England that is considering an application for inclusion in any of its lists from such a doctor or body corporate;
c
the Scottish Executive;
d
the National Assembly for Wales;
e
the Northern Ireland Executive;
f
the General Medical Council or any other appropriate regulatory body;
g
the local medical committee for its area;
h
any other organisation that, to the knowledge of the Health Authority, employs or uses the services of the doctor in a professional capacity;
i
where it is a fraud case, the National Health Service Counter Fraud Service.
16
The Health Authority shall notify any persons or bodies of the information specified in paragraph (14) if it can establish that it is considering employing the doctor in a professional capacity and it receives a written request (including an electronic request) to do so.
17
The Health Authority shall send to the doctor concerned a copy of any information about him provided to the persons or bodies listed in paragraphs (15) and (16), and any correspondence with those persons or bodies.
18
Where the Health Authority has notified any of the persons or bodies mentioned in paragraph (15) or (16) of the matters set out in paragraph (14), it may in addition notify those persons or bodies of any evidence that was considered, including representations of the doctor if so requested.
19
Where a Health Authority is notified by the FHSAA that it has imposed a national disqualification on a doctor whom the Health Authority had removed from its medical list, it shall notify the persons or bodies listed in paragraph (15)(b), (g), (h) and (i) and paragraph (16).
20
Where a decision is changed on review or appeal, or a suspension lapses, the Health Authority shall notify any person or body that was notified of the original decision of the later decision.
.
Amendment of regulation 25
14
In regulation 25 (temporary provision of services) —
a
in paragraph (2) —
i
after “suspended as mentioned in section 29(8) of the Act” insert “, or section 41A of the Medical Act 1983”;
ii
for “suspended by direction of the Tribunal” substitute “suspended”;
b
for paragraph (6A) substitute —
6A
No doctor may be appointed under paragraph (2) or (6) unless he is —
a
suitably experienced (other than by virtue of being a restricted services principal) within the meaning of section 31 of the Act; and
b
included by a Health Authority in a medical list or a medical supplementary list prepared in accordance with section 43D of the Act, or is named as a performer of personal medical services in a pilot scheme.
;
c
in paragraph (13), after “to undertake” add “, but not by any variation imposed on that doctor by the Health Authority under sections 43ZA or 49G of the Act”;
d
in paragraph (14A), for “suspended by direction of the Tribunal” substitute “suspended”;
e
in paragraph (14B), for “suspension by direction of the Tribunal” substitute “suspension”;
f
in paragraph (15), for sub-paragraph (a)(ii) substitute —
ii
consequent upon the suspension of whose registration as mentioned in section 29(8) of the Act arrangements are made under paragraph (2)(a),
.
Substitution of regulation 34A
15
For regulation 34A (payments to suspended doctors) substitute —
34A
1
A Health Authority shall make payments to any doctor who is suspended in accordance with the Secretary of State’s determination in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraph (3) after consultation with the organisations referred to in regulation 34(1) and it shall be published with the Statement referred to in regulation 34(1).
3
The determination may be amended from time to time by the Secretary of State, after consultation with the organisations referred to in regulation 34(1), and any amendments shall be published with the Statement referred to in regulation 34(1).
4
Subject to paragraphs (5) and (6), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, the suspended doctor receives all the payments which would have been due to him pursuant to regulation 34 had he provided such general medical services to his patients during the period of his suspension as are actually provided by the doctor who becomes responsible for them during that period by virtue of regulation 25(2)(a).
5
To the extent that such payments consist of the reimbursement of expenses for which the doctor must submit a claim, the suspended doctor shall receive reimbursement only in respect of those expenses which he continues to incur during the period of his suspension.
6
The determination shall provide for a deduction to take account of any payments which the suspended doctor receives —
a
for providing general medical services as an assistant or deputy;
b
for performing personal medical services in connection with a pilot scheme;
c
for providing services under Part I of the Act.
.
Amendment of Schedule 2
16
1
Schedule 2 ( terms of service) shall be amended in accordance with the following provisions.
2
In paragraph 18A (out-of-hours arrangements) for sub-paragraph (7)(h)(i) substitute —
i
he has been notified that he is the subject of proceedings by any Health Authority that may lead to his removal from any of the lists held by that Health Authority, or his contingent removal, or that he is subject to conditions imposed on him by a Health Authority under section 43ZA.
.
3
After paragraph 22(2)(a)(iv) (organisations providing deputy doctors) insert —
v
after 1st June 2002, is on a medical supplementary list, medical list or is named as a performer of personal medical services in a pilot scheme ; and
.
4
In paragraph 23 (assistants and deputies) omit “or” at the end of sub-paragraph (b), and at the end of sub-paragraph (c) insert —
d
who has been convicted in the United Kingdom of murder;
e
who has been convicted in the United Kingdom of a criminal offence after 13th December 2001 and sentenced to a term of imprisonment of over six months;
f
who is suspended under section 41A of the Medical Act; or
g
who is suspended from any Health Authority medical, services or medical supplementary list.
.
5
After paragraph 23 (assistants and deputies), add —
23A
1
After 1st April 2002, a doctor shall not engage as a deputy, or employ as an assistant, any doctor unless he is on a medical supplementary list or medical list or is named in an agreement under section 2 of the 1997 Act as a performer of personal medical services, or has an outstanding application with a Health Authority under these Regulations, submitted to that Health Authority before 28th February 2002.
2
After 1st June 2002, a doctor shall not engage as a deputy, or employ as an assistant, any doctor unless he is on a medical supplementary list or medical list or is named in an agreement under section 2 of the 1997 Act as a performer of personal medical services.
3
After 1st April 2002, subject to sub-paragraphs (4) and (5), a doctor shall not engage as a deputy, or employ as an assistant, any doctor unless —
a
the deputy or assistant has provided two clinical references, relating to two recent posts (which may include any current post) as a doctor which lasted for at least three months without a significant break, or where this is not possible, a full explanation and alternative referees; and
b
the doctor has checked and is satisfied with the doctor’s references.
4
Where a doctor is urgently needed as a deputy, and it is not possible to obtain and check the references in accordance with paragraph (3)(b) before engaging him, he may be engaged on a temporary basis for a single period of up to 14 days whilst his references are checked and considered, and for an additional single period of a further 7 days if the doctor believes the person supplying those references is ill, on holiday or otherwise temporarily unavailable.
5
Where a doctor uses the same doctor as a deputy on more than one occasion within a period of three months, he may rely on the references provided on the first occasion, provided that those references are not more than twelve months old.
.
6
After paragraph 36 (records) insert —
Information to be supplied
36A
1
A doctor shall by 31st March 2002 supply in writing information to the Health Authority as to whether he —
a
has any criminal convictions in the United Kingdom;
b
has been bound over following a criminal conviction in the United Kingdom;
c
has accepted a police caution in the United Kingdom;
d
has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
e
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
f
has been subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;
g
is currently subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;
h
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
i
is the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s lists or equivalent lists;
j
is, or has been where the outcome was adverse, subject to an investigation into his professional conduct in respect of any current or previous employment;
k
has been removed, contingently removed, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body, or is currently suspended from such a list,
and if so, give details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome.
2
If the doctor is, has in the preceding six months been, or was to his knowledge at the time of the originating events a director of a body corporate, he shall in addition by 31st March 2002 supply in writing information to the Health Authority as to whether the body corporate —
a
has any criminal convictions in the United Kingdom;
b
has been convicted elsewhere of an offence, or what would constitute a criminal offence if commited in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
c
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
d
has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;
e
is currently subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;
f
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
g
is the subject of any investigation by another Health Authority or equivalent body, which might lead to its removal from any of that Health Authority’s lists or equivalent lists;
h
has been removed, contingently removed, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body, or is currently suspended from such a list,
and if so, give the name and registered office of the body corporate, and details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome.
3
The doctor shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the doctor or a body corporate referred to in sub-paragraph (1) or (2).
4
A doctor shall inform the Health Authority within 7 days of its occurrence if he —
a
is convicted of any criminal offence in the United Kingdom;
b
is bound over following a criminal conviction in the United Kingdom;
c
accepts a police caution in the United Kingdom;
d
is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
e
is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;
f
is notified by any licensing, regulatory or other body anywhere in the world, of the outcome of any investigation into his professional conduct, and there is a finding against him;
g
becomes the subject of any investigation into his professional conduct by any licensing, regulatory or other body;
h
becomes subject to an investigation into his professional conduct in respect of any current or previous employment, or is notified of the outcome of any such investigation where it is adverse;
i
becomes to his knowledge the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
j
becomes the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s lists or equivalent lists;
k
is removed, contingently removed, suspended, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body,
and if so, give details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome.
5
A doctor who is, has in the preceding six months been, or was to his knowledge at the time of any originating events a director of a body corporate, shall in addition inform the Health Authority within 7 days if the body corporate —
a
is convicted of any criminal offence in the United Kingdom;
b
is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
c
is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;
d
is notified by any licensing, regulatory or other body anywhere in the world, of the outcome of any investigation into its provision of professional services, and there is a finding against the body corporate;
e
becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;
f
becomes to his knowledge the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case or is notified of the outcome of such an investigation where it is adverse;
g
becomes the subject of any investigation by another Health Authority or equivalent body, which might lead to its removal from any of that Health Authority’s lists or equivalent lists;
h
is removed, contingently removed, suspended, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body,
and if so, give the name and registered office of the body corporate and details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome.
6
Where paragraphs (5) or (6) apply, the doctor shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the doctor or a body corporate referred to in sub-paragraph (4) or (5).
Applications to other lists
36B
A doctor shall inform the Health Authority —
a
if he, or a body corporate of which he is a director, applies to be included in any list held by another Health Authority or equivalent body, and of the outcome of any such application; and
b
if he becomes a director of a body corporate that is included in any list held by a Health Authority, or has applied to be included in such a list, and the outcome of any such application.
.
7
After paragraph 50 (annual reports) insert —
NCAA Assessment
50A
A doctor shall co-operate with an assessment by the NCAA when requested to do so by the Health Authority.
.
Amendment of Schedule 3
17
In Part I of Schedule 3 (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee), in paragraph 8 omit the words “including details of the declaration made under paragraph 6A of Part III of this Schedule.”.
18
In Part III of Schedule 3 (information and undertakings to be given by a doctor in connection with an application for nomination or approval for a practice vacancy) —
a
for paragraph 6A substitute —
6A
a
Information on whether he —
i
has any criminal convictions in the United Kingdom;
ii
has been bound over following a criminal conviction in the United Kingdom;
iii
has accepted a police caution in the United Kingdom;
iv
has been convicted elsewhere of an offence, or what if committed in England and Wales, would constitute a criminal offence or is subject to a penalty which would be the equivalent of being bound over or cautioned;
v
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
vi
has been subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;
vii
is currently subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;
viii
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
ix
is the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s lists or equivalent lists;
x
is, or has been where the outcome was adverse, the subject of any investigation into his professional conduct in respect of any current or previous employment,
and if so, give details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome.
;
b
Where the doctor is, has in the preceding six months been, or was to his knowledge at the time of the originating events a director of a body corporate, he shall in addition supply in writing information to the Health Authority as to whether the body corporate —
i
has any criminal convictions in the United Kingdom;
ii
has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
iii
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
iv
has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;
v
is currently subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;
vi
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
vii
is the subject of any investigation by another Health Authority or equivalent body, which might lead to its removal from any of that Health Authority’s lists or equivalent lists;
viii
has been removed, contingently removed, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body, or is currently suspended from such a list,
and if so, give the name and registered office of the body corporate, and details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome. ”;
c
in paragraph 15 —
i
after “starting and finishing dates of each appointment” insert “, with an explanation of any gaps between appointments,”;
ii
after sub-paragraph (d) insert a new sub-paragraph —
e
an explanation of why he was dismissed from any post.
;
d
at the end of paragraph 18, add “, who are willing to provide clinical references in respect of two recent posts, (which may include any current post) as a doctor which lasted at least three months without a significant break, and where this is not possible, a full explanation and alternative referees.”;
e
for paragraph 19 substitute —
19
If the applicant is not in the Health Authority’s medical list, the name of any Health Authority in whose dental, optical, pharmaceutical, supplementary or services list he is included, or from any of whose lists or equivalent lists he has been removed or contingently removed or is currently suspended, or from any of whose lists or equivalent lists he has been refused admission or conditionally included, with an explanation as to why, and particulars of any outstanding application (including deferred applications), for inclusion in the medical list, or any other list of a Health Authority, with the name of the Health Authority in question.
;
f
after paragraph 19 insert —
19A
If the applicant is the director of any body corporate that is included in any list of any Health Authority, or equivalent lists, or which has an outstanding application (including a deferred application) for inclusion in any list of any Health Authority or equivalent list, the name of the Health Authority in question, and the name and registered office of any such body corporate.
;
g
for paragraph 25 substitute —
25
An undertaking to —
a
be bound by the terms of service;
b
notify the Health Authority within 7 days of any material changes to the information provided in the application until the application is finally determined;
c
supply the information required by paragraph 36A of Schedule 2.
;
h
after paragraph 25 add —
26
Consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation or an investigation where the outcome was adverse, by them into the doctor or a body corporate referred to in sub-paragraph (6A).
.
Savings
19
1
Notwithstanding the amendments made to the principal Regulations by the provisions of the regulations listed in paragraph (2) (“the listed amendments”), where by virtue of regulation 6(3) of the Abolition of the Tribunal Regulations a case continues before the Tribunal after 31st October 2001, the listed amendments shall not apply to a doctor in relation to his case until such time as the case has been concluded and the time for making an appeal has ended, or any appeal has been withdrawn, or he has exhausted his rights of appeal, as the case may be.
2
For the purposes of paragraph (1) the listed amendments are those made by —
a
regulation 2(1)(c);
b
regulation 4(c);
c
regulation 3;
d
regulation 15(a)(ii), (d) and (e);
e
regulation 16.
Signed by the authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd November 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Teacher Training Hardship Grants) (England) Regulations 2001 and shall come into force on 20th April 2001.
2
These Regulations shall only apply in relation to England.
Interpretation
2
In these Regulations —
“the Agency” means the Teacher Training Agency established under section 1(1) of the Education Act 1994 ; and
“post-graduate teacher training course” means a post-graduate course of initial training for teachers which is provided at an eligible institution within the meaning of section 4(2) of the Education Act 1994.
Grants for teacher training
3
The Agency may pay a grant to a person undertaking a post-graduate teacher training course which began before 1st September 2000 to facilitate and encourage the training of that person as a teacher in accordance with these Regulations.
Conditions
4
1
No grant shall be paid under regulation 3 to a person unless, in the opinion of the Agency, he is suffering from financial hardship.
2
Nothing in this regulation shall be taken as limiting the power of the Agency to determine conditions under regulation 5.
Further conditions
5
The making of a payment shall be dependent on the fulfilment of such further conditions as may be determined by the Agency.
Repayment
6
Where in the opinion of the Agency any information or assumption on the basis of which a grant has been paid is incorrect, the person to whom the grant was paid shall at the request of the Agency repay such sum not exceeding the total grant as the Agency may request.
Tessa Blackstone
Minister of State,
Department for Education and Employment
30th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maldon and South Chelmsford Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th March 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Maldon and South Chelmsford Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Maldon and South Chelmsford Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
during the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational dae.
Assistance during the preparatory period
7
1
The North Essex Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during the period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members 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 member of the trust;
c
liability for the remuneration of officers of 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.
3
The North Essex Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Mid Essex Community and Mental Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Mid Essex Hospital Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under-Secretary of State,
Department of Health
5th March 2001