Statutory Instruments

2002 No. 2759

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002

Made

7th November 2002

Laid before Parliament

7th November 2002

Coming into force

29th November 2002

The Secretary of State for Health being the Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the National Health Service acting in exercise of the powers conferred by the said section 2(2) hereby makes the following Regulations:

Citation, commencement and extent

1. —(1) These Regulations may be cited as the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 and shall come into force on 29th November 2002.

(2) These Regulations extend to England and Wales only.

Interpretation

2. In these Regulations—

“the 1977 Act” means the National Health Service Act 1997 ;
“the 1990 Act” means the National Health Service and Community Care Act 1990 .

Amendment of the 1977 Act

3. —(1) After subsection (1) of section 3 of the 1977 Act (services generally) there shall be inserted—

“ (1A) The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales. ”

(2) Section 5(2)(b) of the 1977 Act is repealed.

Amendment of the 1990 Act

4. After paragraph 15 of Schedule 2 to the 1990 Act there shall be added—

“ 15A. An NHS Trust may arrange for the provision of accommodation and services outside England and Wales. ”

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State

Department of Health

7th November 2002

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj
M1	See The European Communities (Designation) Order (No. 3) 2001 No. 3495 .
M2	1972. c. 68. By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51) , regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1995 (Cm 2183).
M3	1977 c. 49 .
M4	1990 c. 19 .

Defined Term	Section/Article	ID	Scope of Application
the 1977 Act	reg. 2.	the_1977_A_rtCkKJ4
the 1990 Act	reg. 2.	the_1990_A_rt3RylK

Defined Term

Section/Article

Scope of Application

the 1977 Act

reg. 2.

the_1977_A_rtCkKJ4

the 1990 Act

reg. 2.

the_1990_A_rt3RylK

Changes that affect	Made by
The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002	2002 No. 2759	Regulations	revoked	National Health Service (Consequential Provisions) Act 2006	2006 c. 43	Sch. 4	Not yet
The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002	2002 No. 2759	reg. 2	word substituted	The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Amendment Regulations 2002	2002 No. 2932	reg. 2	Not yet

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Note

The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002