Made | 9th March 2005 | ||
Laid before Parliament | 10th March 2005[a] | ||
Coming into force | 1st April 2005 |
(3) These Regulations apply in England[7].
Amendment of regulation 1 of the CNS Regulations
2.
In regulation 1(2) of the CNS Regulations (interpretation) in the definition of "relevant function" for "or 15" substitute "15 or 15A[8]".
Amendment of regulation 3 of the CNS Regulations
3.
In regulation 3 of the CNS Regulations (eligible bodies) for paragraph (1)(e) substitute -
Amendment of regulation 3 of the ELS Regulations
4.
In regulation 3 of the ELS Regulations (eligible bodies) for paragraph (a)(iv) substitute -
Amendment of regulation 1 of the LTPS Regulations
5.
In regulation 1(2) of the LTPS Regulations (interpretation), in the definition of "relevant function" after the words "services in England" insert the words "or securing the provision of services" and for "paragraph 14 or 15" substitute "paragraphs 13,14, 15 or 15A".
Amendment of regulation 3 of the LTPS Regulations
6.
In regulation 3 of the LTPS Regulations (eligible bodies) -
Amendment of regulation 4 of the LTPS Regulations
7.
In regulation 4(2) of the LTPS Regulations (liabilities to which the Scheme applies) at the end of the definition of "relevant person" add the words "and includes an employee or agent of the person so engaged.".
Amendment of regulation 1 of the PES Regulations
8.
In regulation 1(2) of the PES Regulations (interpretation), in the definition of "relevant function" after the words "services in England" insert the words "or securing the provision of services" and for "paragraph 14 or 15" substitute "paragraphs 13,14, 15 or 15A[10]".
Amendment of regulation 3 of the PES Regulations
9.
In regulation 3 of the PES Regulations (eligible bodies) -
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State, Department of Health
9th March 2005
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty's Treasury
9th March 2005
Each of these Regulations establishes a Scheme whereby NHS trusts and certain other bodies providing services under the National Health Service Act 1977 may make provision respectively -
Regulations 2,5 and 8 amend the definition of "relevant function" to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 7 amends the definition of "relevant person" in respect of the liabilities to which the LTPS Regulations apply to include an employee or agent of a person engaged by a member of the Scheme.
Regulations 3,4,6 and 9 include the Health Protection Agency as an eligible body able to participate in the Schemes and in regulations 3 and 4, the references to the Public Health Laboratory Service Board are omitted.
[2] 1990 (c.19); section 21 was amended by section 2(1) and paragraphs 79(a) and (b) in Schedule I to the Health Authorities Act 1995 (c. 17) ("the 1995 Act"); section 65(1) and paragraphs 74, 81(1), (2)(a), (2)(b) and (3) to the 1999 Act; section 1(3) and paragraphs 39, and 43(a) and(b) of Schedule 1 and section 6(2) and paragraphs 30 and 33 of Schedule 5 to the 2002 Act, section 34 and paragraphs 83, 84(b) and (c) and 85 of Schedule 4 to and sections 190(2) and 196 and paragraph 6(b) of Schedule 13, and Part 7 of Schedule 14 to the 2003 Act and section 11(1) and paragraphs 11(1) and (3) of Schedule 3 to the Health Protection Agency Act 2004 (c.17) to come into force on 1 April 2005, pursuant to the Health Protection Agency Act 2004 (Commencement) Order 2005, S.I.2005/121 (C.5).back
[3] S.I.1996/251 amended by S.Is 1997/527,1999/1274, 2000/2341, 2002/1073 and 2002/2469.back
[4] S.I. 1996/686 amended by 1997/526, 1999/1275, 2002/2469 and 2004/696.back
[5] S.I. 1999/873 amended by S.Is 2000/2385, 2002/2469 and 2004/696.back
[6] S.I. 1999/874 amended by S.Is 2000/2342, 2002/2469 and 2004/696.back
[7] The functions of the Secretary of State under section 126(4) of the 1977 Act and section 21 of the 1990 Act were transferred with respect to Wales to the National Assembly for Wales under the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 article 2 and Schedule 1 as amended by section 66(5) of the 1999 Act.back
[8] See S.I. 2002/2759 which added paragraph 15A to Schedule 2 to the 1990 Act.back
[9] The Public Health Laboratory Service Board is abolished by section 190 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), which is to come into force on 1 April 2005, see the Health and Social Care (Community Health and Standards) Act 2004 (Commencement) (No. 6) Order 2005, S.I. 2005/457(c.22). The Health Protection Agency was established by section 1 of the Health Protection Agency Act 2004 to come into force on 1st April 2005, see S.I. 2005/121 (C.5).back
[10] Regulation 1(2) was amended by S.I. 2002/2469.back