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Statutory Instrument 2000 No. 606The National Health Service (Injury Benefits) Amendment Regulations 2000(The document as of February, 2008) STATUTORY INSTRUMENTS2000 No. 606NATIONAL HEALTH SERVICE, ENGLAND AND WALESThe National Health Service (Injury Benefits) Amendment Regulations 2000
The Secretary of State for Health, in exercise of the powers conferred by section 10(1), (2) and (3A) of, and Schedule 3 to, the Superannuation Act 1972[1] and of all other powers enabling him in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to him to be appropriate[2], and with the consent of the Treasury[3], hereby makes the following Regulations: Citation and commencement 1.These Regulations may be cited as the National Health Service (Injury Benefits) Amendment Regulations 2000 and shall come into force on 1st April 2000. Amendment of Regulations 2.The National Health Service (Injury Benefits) Regulations 1995[4] shall be amended in accordance with regulations 3 to 6 below. Amendment of regulation 2 3.In paragraph (1) of regulation 2 (interpretation)-
(b) in the definition of "employing authority"-
(aa) a Special Health Authority established under section 11 of that Act[7];",
(iii) before paragraph (c) there shall be inserted the following paragraph:-
(c) in the definition of "medical pilot scheme employee"[9] for the words "an individual", in the second place where those words occur, there shall be substituted the words "a person";
(e) after that definition there shall be inserted the following definition:-
Amendment of regulation 3
(b) after sub-paragraph (j) there shall be inserted the following sub-paragraph:-
(ii) a member of the Executive Committee of a Primary Care Trust[14] by virtue of article 2(3)(c) of the Primary Care Trust Executive Committee Directions 2000 given by the Secretary of State on 10th February 2000[15];". Amendment of regulation 4
Amendment of regulation 4A
(b) to-
(ii) a dental pilot scheme employee who is employed as such otherwise than by a National Health Service Trust or a Primary Care Trust, as if he were an officer of the Health Authority with which the person providing the piloted services has agreed to provide them; and
(ii) a registered medical practitioner who is a medical pilot scheme employee, as if he were an officer of the Health Authority or, as the case may be, the Primary Care Trust with which the person providing the piloted services has agreed to provide them. (7) Where, in the case of a person referred to in paragraph (1)(k) of regulation 3, paragraph (2) of that regulation applies with respect to any employment of his (within the meaning of that regulation) as a member of a Primary Care Trust or of its Executive Committee, this regulation shall apply to that person as if he were an officer employed by that Primary Care Trust.".
(This note is not part of the Regulations) These Regulations further amend the National Health Service (Injury Benefits) Regulations 1995 ("the 1995 Regulations") which provide for the payment, by the Secretary of State for Health, of injury benefits to or in respect of any person engaged in the National Health Service in England and Wales whose earning ability is reduced, or who dies, as a result of an injury suffered, or a disease contracted, in the course of his or her duties. Amendments are made in regulations 2, 3, 4 and 4A of the 1995 Regulations so as to include provision for persons employed by the Primary Care Trusts established as a result of section 2 of the Health Act 1999 (regulations 3(b) and (d), 4(a) and 6), and for persons who are members of those Trusts or of their Executive Committees (regulations 3(e), 4(b), 5 and 6). Changes are also made in the definitions of "dental pilot scheme employee " and "medical pilot scheme employee" to make clear that individuals who are employed by corporate bodies are included within those expressions (regulations 3(a) and (c)), and in other definitions to include references to a Special Health Authority, and to omit a reference to a Family Health Services Authority (regulation 3(b) and (d)). These Regulations do not impose any costs on business. Notes: [1] 1972 c. 11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c. 32) and by section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).back [2] See section 10(4) of the Superannuation Act 1972.back [3] See section 10(1) of the Superannuation Act 1972, and article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).back [4] S.I. 1995/866; the relevant amending instruments are S.I. 1997/646, 1998/667 and 2217.back [5] This definition was inserted by S.I. 1998/2217.back [6] 1977 c. 49; section 8 was substituted by section 1 of the Health Authorities Act 1995 (c. 17) ("the 1995 Act") and amended by paragraph 5 of Schedule 4 to the Health Act 1999 (c. 8) ("the 1999 Act").back [7] Section 11 was amended by paragraph 2 of Schedule 1 to the 1995 Act and paragraph 6 of Schedule 4 to the 1999 Act.back [8] Section 16A was inserted in the National Health Service Act 1977 (c. 49) by section 2(1) of the 1999 Act.back [9] This definition was inserted by S.I. 1998/2217.back [10] This definition was inserted by S.I. 1998/2217.back [11] S.I. 1995/300; the relevant amending instruments are S.I. 1997/1888, 1998/666.back [12] Sub-paragraph (j) was inserted by S.I. 1998/2217.back [13] S.I. 2000/89.back [14] See regulation 9(1) of S.I. 2000/89.back [15] A copy of the directions may be obtained by writing to the Department of Health, PC-GMS, Room 7E60, Quarry House, Leeds LS2 7UE.back [16] Regulation 4 was amended by S.I. 1997/646.back [17] Regulation 4A was inserted by S.I. 1997/646 and amended by S.I. 1998/667 and 2217.back ISBN 0 11 098842 6 -- Back --
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