Citation, commencement and interpretation

1. —(1) This Order may be cited as the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 and shall come into force on 1st October 2006.

(2) In this Order—

“Act” means the National Health Service Act 1977;

“assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations;

“corresponding list” means a list maintained on and after the operational date by a new PCT that corresponds to an old list of the same type;

“dispensing doctor list” means a list maintained by an old PCT pursuant to section 43 of the Act( 3 ) (persons authorised to provide pharmaceutical services) immediately before the operational date;

“dividing PCTs” means Cherwell Vale Primary Care Trust, Morecambe Bay Primary Care Trust, Poole Primary Care Trust, Preston Primary Care Trust, South Peterborough Primary Care Trust and Waveney Primary Care Trust;

“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004( 4 );

“local representative committee” means a Local Optical Committee or Local Pharmaceutical Committee recognised by a Primary Care Trust pursuant to section 44 of the Act( 5 ), a Local Medical Committee recognised by a Primary Care Trust pursuant to section 45A of the Act( 6 ), or a Local Dental Committee recognised by a Primary Care Trust pursuant to section 45B of the Act( 7 );

“new PCTs” means the Primary Care Trusts established by article 3;

“old list” means a dispensing doctor list, an ophthalmic list, an opthalmic supplementary list, a performers list or a pharmaceutical list;

“old PCTs” means—

“ongoing matter” has the meaning given in article 9(1) and (2);

“operational date” means 1st October 2006;

“ophthalmic list” means a list maintained by an old PCT pursuant to section 39 of the Act( 8 ) (regulations as to section 38) immediately before the operational date;

“ophthalmic supplementary list” means a list maintained by an old PCT pursuant to section 43D of the Act( 9 ) (supplementary lists) immediately before the operational date;

“performers list” means a list maintained by an old PCT pursuant to section 28X of the Act( 10 ) (persons performing primary medical and dental services) immediately before the operational date;

“pharmaceutical list” means a list maintained by an old PCT pursuant to section 42 of the Act( 11 ) (regulations as to pharmaceutical services) immediately before the operational date;

“Pharmaceutical Services Regulations” means the the National Health Service (Pharmaceutical Services) Regulations 2005( 12 );

“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004( 13 );

“practitioner” means a person whose name was, immediately before the operational date, included in an old list;

“relevant new PCT” means—

“Service Committees and Tribunal Regulations” means the National Health Service (Service Committees and Tribunal) Regulations 1992( 14 ).

Interpretation of “relevant new PCT” for the dividing PCTs

2. —(1) For the purposes of articles 8 and 9, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with articles 10 to 14.

(2) For all other purposes and subject to the provisions of paragraph (3), in relation to that part of the area for which the dividing PCT was established which is specified in column (2) of Schedule 3, the relevant new PCT is the new PCT which is specified in column (3) of that Schedule in relation to that part.

(3) If, in applying paragraph (2) to a particular matter, there is more than one relevant new PCT in relation to a dividing PCT and it is necessary or expedient for the matter to be dealt with by a single new PCT, the new PCTs involved shall agree between themselves as to which of them is the relevant new PCT in relation to that matter.

(4) In any case where the new PCTs involved are unable to agree between themselves in accordance with paragraph (3) as to whether it is necessary or expedient for a single new PCT to deal with a matter, or as to which of them is the relevant new PCT in relation to a matter—

(a) the Strategic Health Authority in whose area those new PCTs' areas are situated; or

(b) if there is more than one such Authority, those Authorities acting together;

shall determine the issue.

Establishment, names and areas of the new PCTs

3. For each of the areas described in column (2) of Schedule 1 to this Order there is established a Primary Care Trust which shall be known by the name specified in column (1) of that Schedule.

Dissolution of the old PCTs

4. The old PCTs are dissolved.

Accounts of the old PCTs

5. Any duty imposed on any of the old PCTs by or under section 98 of the Act( 15 ), but not performed by the operational date, shall be performed by the relevant new PCT.

Winding up of affairs of the old PCTs

6. It is the duty of each new PCT to take such action as may be necessary for the winding up of the affairs of any old PCT in relation to which it is the relevant new PCT.

Provision for continuity in the exercise of functions

7. —(1) Anything done before the operational date by or in relation to any of the old PCTs shall be treated on and after that date as if done by or in relation to the relevant new PCT.

(2) The reference in paragraph (1) to anything done by or in relation to any of the old PCTs includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to any of the old PCTs.

(3) Any instrument made by any of the old PCTs continues in force in relation to the relevant new PCT in accordance with its terms until it is varied or revoked by the relevant new PCT.

(4) Any form supplied by any of the old PCTs continues to be a valid form in relation to the relevant new PCT until it is cancelled or withdrawn by the relevant new PCT, as if any reference contained in that form to the old PCT in question were a reference to the relevant new PCT.

(5) So far as is necessary or appropriate, a reference in an agreement or other instrument to any of the old PCTs shall be treated on and after the operational date as a reference to the relevant new PCT.

(6) This article is subject to the provisions of articles 8 and 9 and articles 15 to 19.

Allocation of practitioners to lists

8. A practitioner whose name was included in an old list maintained by an old PCT shall have his name included in the corresponding list of the relevant new PCT.

Matters consequential on allocation to lists

9. —(1) In this Order, “ongoing matter” means any application made by a person for inclusion in an old list, or any matter, question or proceeding in respect of a practitioner in relation to his inclusion in an old list under—

(a) the National Health Service (General Ophthalmic Services) Regulations 1986( 16 );

(b) the Service Committees and Tribunal Regulations;

(c) the National Health Service (Performers Lists) Regulations 2004( 17 );

(d) the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005( 18 ); or

(e) the Pharmaceutical Services Regulations;

and which has not been finally determined or dealt with by an old PCT before the operational date.

(2) The definition of “ongoing matter” in paragraph (1) does not include—

(a) any matters dealt with by article 16 or 17; and

(b) functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the Pharmaceutical Services Regulations.

(3) In any case where there is an ongoing matter—

(a) the relevant new PCT shall be responsible for dealing with or determining the matter;

(b) any acts done by the old PCT in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by the relevant new PCT; and

(c) any decision or determination binding on an old PCT that relates to an ongoing matter shall be binding on the relevant new PCT.

(4) If an old list contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list, that condition, contingent removal or suspension shall apply to the corresponding list in which the practitioner’s name is included.

(5) Where the Family Health Services Appeal Authority established under section 49S of the Act( 19 ) (the Family Health Services Appeal Authority) has taken a decision before the operational date and, by virtue of rule 46 of the Family Health Services Appeal Authority (Procedure) Rules 2001( 20 ) (publication of certain decisions by FHSAA), it was, at the time it took that decision, obliged to publish it, that obligation shall continue after the operational date if it has not published the decision by that date.

Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of performers lists

10. —(1) For the purposes of articles 8 and 9, so far as relating to performers lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.

(2) In relation to a practitioner whose name was included in a performers list—

(a) the relevant new PCT is that new PCT with which the practitioner has, by virtue of an order made under paragraph 20 of Schedule 5A to the Act (Dissolution), a contract for the provision of primary medical services or primary dental services, as the case may be; or

(b) except as provided for in paragraph (4), if the practitioner is not party to such a contract, or he is party to such a contract with more than one new PCT, the relevant new PCT is that new PCT which—

(i) is established for an area which includes part of the area for which the old PCT, in whose performers list the practitioner’s name was included, was established; and

(ii) has been nominated as the relevant new PCT by the practitioner on or before 31st August 2006 in a written notification addressed to the old PCT in whose performers list the practitioner’s name was included.

(3) Where paragraph (2)(b) applies and no nomination was made by the practitioner in accordance with paragraph (2)(b)(ii), article 14 shall apply.

(4) In relation to a practitioner who is described in paragraph (2)(b) and in respect of whom there is an ongoing matter, article 14 shall apply.

Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of ophthalmic, pharmaceutical and dispensing doctor lists

11. —(1) For the purposes of articles 8 and 9, so far as relating to ophthalmic, pharmaceutical and dispensing doctor lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.

(2) In relation to a practitioner whose name was included in an ophthalmic list or a pharmaceutical list, the relevant new PCT is any new PCT which is established for an area which includes—

(a) part of the area for which the old PCT, in whose ophthalmic or pharmaceutical list the practitioner’s name was included, was established; and

(b) either—

(i) premises from which the practitioner undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be; or

(ii) in the case of a mobile ophthalmic practice, premises at which the practitioner regularly provides mobile ophthalmic services.

(3) In relation to a practitioner whose name was included in a dispensing doctor list, the relevant new PCT is any new PCT which is established for an area which includes—

(a) part of the area for which the old PCT, in whose dispensing doctor list the practitioner’s name was included, was established; and

(b) premises in relation to which the practitioner has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the Pharmaceutical Services Regulations.

(4) In a case to which paragraph (2) or (3) applies where—

(a) there is more than one relevant new PCT; and

(b) there is an ongoing matter in relation to the practitioner;

article 14 shall apply for the purposes of determining which of those relevant new PCTs shall be the relevant new PCT in relation to that ongoing matter.

Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of ophthalmic supplementary lists

12. —(1) For the purposes of articles 8 and 9, so far as relating to ophthalmic supplementary lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.

(2) Except as provided for in paragraph (4), in relation to a practitioner whose name was included in an ophthalmic supplementary list, the relevant new PCT is that new PCT which—

(a) is established for an area which includes part of the area for which the old PCT, in whose ophthalmic supplementary list the practitioner’s name was included, was established; and

(b) has been nominated as the relevant new PCT by the practitioner on or before 31st August 2006 in a written notification addressed to the old PCT in whose ophthalmic supplementary list the practitioner’s name was included.

(3) Where paragraph (2) applies and no nomination was made by the practitioner in accordance with paragraph (2)(b), article 14 shall apply.

(4) In relation to a practitioner—

(a) whose name was included in an ophthalmic supplementary list; and

(b) in respect of whom there is an ongoing matter,

article 14 shall apply.

Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of applications for inclusion in lists

13. —(1) For the purposes of article 9, so far as relating to applications for inclusion in an old list, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.

(2) Paragraphs (3) to (6) apply in relation to a person who has, before the operational date, made an application to a dividing PCT for inclusion in an old list (other than a pharmaceutical list or a dispensing doctor list) which has not been finally determined by the dividing PCT by that date.

(3) The relevant new PCT which shall deal with the application is the new PCT which is nominated in writing by the practitioner to be the relevant new PCT in relation to his application.

(4) The nomination referred to in paragraph (3) shall be made to the new PCT which is to deal with the application, unless it was made before the operational date to the old PCT to whom the application was made.

(5) If no nomination is made by the person in accordance with paragraphs (3) and (4) on or before 1st November 2006, one of the relevant new PCTs concerned (determined in accordance with article 14) shall notify the person in writing that a nomination is required.

(6) If no nomination is made by the person in accordance with paragraphs (3) and (4) within the period of one month after the notification referred to in paragraph (5) was sent, the application shall lapse.

(7) In relation to a person who has, before the operational date, made an application to a dividing PCT for inclusion in a pharmaceutical list or a dispensing doctor list which has not been finally determined by the dividing PCT by that date, the relevant new PCT is the new PCT whose area includes the premises to which the application relates.

Determination of which new PCT is to be the “relevant new PCT” in relation to the dividing PCTs for the purposes of lists

14. —(1) Where this article applies, the new PCTs involved shall agree between themselves, after considering any representations from the practitioner, as to which new PCT is to be the relevant new PCT in relation to the old PCT in whose old list the practitioner’s name was included, or in relation to the ongoing matter.

(2) In any case where the new PCTs involved are unable to agree between themselves in accordance with paragraph (1) as to which of them is the relevant new PCT in relation to any old PCT or in relation to any ongoing matter—

(a) the Strategic Health Authority in whose area those new PCTs' areas are situated; or

(b) if there is more than one such Authority, those Authorities acting together;

shall determine the issue.

Local representative committees

15. —(1) Anything done before the operational date by or in relation to any local representative committee which was, immediately before the operational date, recognised by an old PCT shall be treated as having been done by or in relation to the corresponding committee recognised by the relevant new PCT.

(2) A local representative committee recognised by an old PCT may exercise functions given to it under or as a consequence of—

(a) section 45 (functions of Local Optical Committees and Local Pharmaceutical Committees), 45A (Local Medical Committees) or 45B (Local Dental Committees) of the Act;

(b) the National Health Service (General Ophthalmic Services) Regulations 1986;

(c) the Service Committees and Tribunal Regulations;

(d) the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999;

(e) the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002( 21 );

(f) the GMS Regulations;

(g) the PMS Regulations;

(h) the Pharmaceutical Services Regulations;

(i) the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006( 22 );

(j) the General Dental Services and Abolition of the Dental Practice Board (Transitional and Consequential Provisions) Order 2006( 23 );

in relation to any matter which was referred to it, or initiated by it, before the operational date, as if it were a committee recognised by the relevant new PCT.

(3) In this article, “corresponding committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee as the case may be.

Reference committees appointed by the old PCTs under the Service Committees and Tribunal Regulations

16. A reference committee appointed by an old PCT under regulation 3(4) of the Service Committees and Tribunal Regulations (establishment of committees) may exercise any relevant functions under those Regulations in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.

Discipline committees appointed by the old PCTs under the Service Committees and Tribunal Regulations

17. —(1) Except as provided for in paragraphs (2) to (7), a discipline committee appointed by an old PCT under regulation 3(1) of the Service Committees and Tribunal Regulations (establishment of committees) may exercise any relevant functions under those Regulations in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.

(2) Paragraph (3) applies where—

(a) before the operational date, an old PCT (“A”) has referred a matter pursuant to regulation 5 of the Service Committees and Tribunal Regulations (referral to investigating discipline committee) to another old PCT (“B”) for investigation by a discipline committee appointed by B;

(b) the investigation of the matter has not been finally completed before the operational date;

(c) by virtue of article 7, acts done by A and B are treated as having been done by a new PCT (“C”); and

(d) by virtue of paragraph (1), the discipline committee investigating the matter is treated as having been appointed by C.

(3) Where this paragraph applies, C and the discipline committee investigating the matter shall take no further steps in the investigation of it and C shall transfer the investigation to another Primary Care Trust (“D”) which has not appointed, and is not by virtue of paragraph (1) to be treated as having appointed, any discipline committee jointly with C.

(4) Where the investigation of a matter is transferred as referred to in paragraph (3)—

(a) the investigation shall be continued by a discipline committee appointed by D;

(b) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by B shall be treated as having been done by or in relation to the discipline committee appointed by D; and

(c) anything done in relation to the investigation of that matter by or in relation to B shall be treated as having been done by or in relation to D.

(5) Paragraph (6) applies where—

(a) before the operational date, an old PCT (“E”) has referred a matter pursuant to regulation 5 of the Service Committees and Tribunal Regulations to an old PCT (“F”) for investigation by a discipline committee appointed by F;

(b) the investigation of the matter has not been finally completed before the operational date;

(c) by virtue of article 7, a new PCT (“G”) is treated as the new PCT which referred the matter for investigation;

(d) by virtue of article 7, a new PCT (“H”) is treated as the new PCT to which the matter has been referred for investigation;

(e) the discipline committee to which the matter has been referred was appointed jointly by F and another old PCT in relation to which the relevant new PCT is G (whether or not together with another Primary Care Trust or Trusts); and

(f) by virtue of paragraph (1), the discipline committee investigating the matter is treated as having been appointed jointly by G and H.

(6) Where this paragraph applies, H and the discipline committee investigating the matter shall take no further steps in the investigation of it and H shall transfer the investigation to another Primary Care Trust (“I”) which has not appointed, and is not by virtue of paragraph (1) to be treated as having appointed, any discipline committee jointly with G or H.

(7) Where the investigation of a matter is transferred as referred to in paragraph (6)—

(a) the investigation shall be continued by a discipline committee appointed by I;

(b) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by F shall be treated as having been done by or in relation to the discipline committee appointed by I; and

(c) anything done in relation to the investigation of that matter by or in relation to F shall be treated as having been done by or in relation to I.

Assessment panels appointed by the old PCTs

18. —(1) Except as provided for in article 19, an assessment panel appointed by an old PCT may exercise any relevant functions pursuant to paragraph 31 (rejection of closure notice by the Primary Care Trust) or 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or pursuant to paragraph 30 (rejection of closure notice) or 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations, in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.

(2) Where paragraph (1) applies, the relevant new PCT shall consider the composition of the assessment panel which is determining the matter and shall ensure that it continues to comply with paragraph 31(5) of Schedule 6 to the GMS Regulations, or paragraph 30(5) of Schedule 5 to the PMS Regulations, as the case may be.

Referrals to assessment panels

19. —(1) Paragraph (2) applies where—

(a) before the operational date, an old PCT (“A”) has referred a matter to an assessment panel appointed by another old PCT (“B”);

(b) the assessment panel has not finally determined the matter before the operational date;

(c) by virtue of article 7, acts done by A and B are treated as having been done by a new PCT (“C”); and

(d) by virtue of article 18, the assessment panel to which the matter has been referred is treated as having been appointed by C.

(2) Where this paragraph applies, C and the assessment panel determining the matter shall take no further steps in the determination of it and C shall transfer the matter to the assessment panel of another Primary Care Trust (“D”).

(3) Where the determination of a matter is transferred as referred to in paragraph (2)—

(a) the matter shall be determined by an assessment panel appointed by D;

(b) anything done in relation to the determination of the matter by or in relation to the assessment panel appointed by B shall be treated as having been done by or in relation to the assessment panel appointed by D; and

(c) anything done in relation to the determination of that matter by or in relation to B shall be treated as having been done by or in relation to D.

Revocation

20. The Orders specified in Schedule 4 to this Order are revoked.

Article 3

SCHEDULE 1 The new PCTs

Article 1

SCHEDULE 2 The old PCTs

Article 2(2)

SCHEDULE 3 Relevant new PCT for the dividing PCTs

Article 20

SCHEDULE 4 Revocations