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Statutory Instrument 2005 No. 408The Health Protection Agency Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 408PUBLIC HEALTHThe Health Protection Agency Regulations 2005
The Secretary of State for Health, after consultation with the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales, acting in exercise of the powers conferred upon him by section 2(2) and (3) of, and paragraphs 1(6), 3(1), 8(1) and (2), 10(1) and 29 of Schedule 1 to, the Health Protection Agency Act 2004[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Health Protection Agency Regulations 2005. (2) Regulations 1 to 6 shall come into force on 25 March 2005 and regulation 7 shall come into force on 1 April 2005. (3) In these Regulations -
(b) a Health Authority, (c) a Special Health Authority, (d) a health board constituted under section 2 of the National Health Service (Scotland) Act 1978[2], (e) a Primary Care Trust, (f) a Local Health Board, (g) the Common Services Agency for the Scottish Health Service, (h) an NHS trust, including such a trust established under the National Health Service (Scotland) Act 1978, (i) an NHS foundation trust, (j) the Independent Regulator of NHS Foundation Trusts, (k) the Commission for Healthcare Audit and Inspection, (l) the Dental Practice Board or the Scottish Dental Practice Board, (m) the Public Health Laboratory Service Board, (n) the Secretary of State, (o) the National Assembly for Wales, (p) the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972[3], (q) a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 1990[4], (r) a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972[5], (s) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991[6], and (t) the Department of Health, Social Services and Public Safety in Northern Ireland;
(b) the list of persons undertaking to provide general medical services prepared in accordance with regulations made under section 29 of the NHS Act[10] as the list existed on or before 31 March 2004; (c) a list of persons approved by a Primary Care Trust or Health Authority for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the NHS Act[11] as such a list existed on or before 31 March 2004; or (d) a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997[12] as such a list existed on or before 31 March 2004. Appointment and tenure of office of chairman and members
(b) executive members, excluding the chief executive, shall be not less than one and not more than four. (2) Subject to regulation 6 (termination of tenure of office of chairman and non-executive members), the term of office of the chairman and non-executive members shall be such period, not exceeding five years, as is specified when the appointment is made by the Secretary of State or, as the case may be, a devolved authority.
(b) he is the subject of a bankruptcy restrictions order or interim bankruptcy restrictions order or has had a sequestration of his estate awarded; (c) he has been dismissed, otherwise than by reason of redundancy, from any paid employment with -
(ii) the NRPB; (d) he is a person whose tenure of office as a chairman or as a member or director of a health service body or the NRPB and in the case of an NHS foundation trust as a governor of a trust, has been terminated on the grounds that -
(ii) he failed, without reasonable cause, to attend any meeting of that health service body or, as the case may be, the NRPB, for a period of three months or more, or (iii) he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest; (e) he -
(ii) was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the NHS Act[14] and was not subsequently nominated, approved or included in a primary care list, (iii) has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the NHS Act[15] and has not subsequently been included in a primary care list, (iv) is conditionally included in a primary care list [16], (v) has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the NHS Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list, (vi) is contingently removed from a primary care list[17], or (vii) is suspended from a primary care list[18] or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001[19] or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002[20], and in this sub-paragraph any reference to a provision in the NHS Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
(ii) removed under section 7 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990[24] (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body. (2) For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
(b) Chairman, a governor or non-executive director of an NHS foundation trust. Cessation of disqualification
(b) the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable. (4) Where a person has been appointed to be the chairman or a non-executive member, and -
(b) it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall immediately declare that the person in question was not duly appointed and notify him in writing to that effect, and his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-executive member.
(b) to exercise his function of appointment of medical inspectors under paragraph 1(2) of Schedule 2 to the Immigration Act 1971[26] in relation to medical inspectors who exercise functions otherwise than in Wales.
(This note is not part of the Order) These Regulations make provision concerning the membership of the Health Protection Agency ("the Agency"). They also direct the Agency, when it is established on 1 April 2005, to have and to exercise certain health protection functions. Regulations 1 to 6 come into force on 25 March. Regulation 2 prescribes the numbers of non-executive and executive members and provides for the tenure of office of the chairman and non-executive members of the Agency, regulations 3 and 4 provide for disqualification for appointment as chairman or a non-executive member, regulation 5 provides for the payments to be made by the Agency to the chairman and non-executive members and regulation 6 provides for termination of tenure of office of the chairman and non-executive members. Regulation 7, which comes into force on 1 April, directs the Agency to undertake the designation of Yellow Fever vaccination centres in England for the purposes of the International Health Regulations 1969 and to exercise the Secretary of State's function of the appointment of medical inspectors in relation to medical inspectors who exercise functions otherwise than in Wales. These Regulations do not impose a cost on business. Notes: [1] 2004 (c. 17).back [2] 1978 (c. 49).back [3] S.I. 1972/1265 (N.I. 14).back [4] S.I. 1990/247 (N.I. 3).back [5] S.I. 1972/1265 (N.I. 14).back [6] S.I. 1991/194 (N.I. 1).back [7] 1977 (c. 49).back [8] Section 46 was repealed by section 67 of, and paragraph 5 of Schedule 5 and Part 1 of Schedule 6 to, the 2001 Act; the NHS Tribunal, except for prescribed cases, had effect in relation to England until 14 December 2001, and in relation to Wales, until 26 August 2002; see article 2(5) and (6)(b) of S.I. 2001/3738 which sets out prescribed cases for England, and article 2(2) and (3)(b) of S.I. 2002/1919 which sets out prescribed cases for Wales.back [9] 1970 (c. 46).back [10] Section 29 has been repealed by sections 175(2) and 196 of, and Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).back [11] Section 43D was inserted by section 24 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 20 of Schedule 2 to, the 2002 Act; section 43D(1) is repealed in part by section 196 of, and Schedule 14 to, the 2003 Act.back [12] 1997 (c. 46).back [13] Section 49N was inserted by the 2001 Act, section 25. Section 49N has been amended by the 2003 Act, section 184 and Schedule 11, paragraphs 7 and 24(a) and (b), the 2002 Act, section 2(5) and Schedule 2, Part 1, paragraphs 1 and 25(1), (2)(a), (b), (3), (4), (5)(a), (b), S.I. 2002/288, article 7(1), (3)(i), and S.I. 2002/480, article 6(1) and (4)(j).back [14] Section 29B(2A) was inserted by the 2001 Act. Section 29B was repealed by section 196 of, and Schedule 14 to, the 2003 Act.back [15] Section 49F was inserted by section 25 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 21(a) of Schedule 2 to, the 2002 Act; section 49F(1)(a) has been repealed by section 196 of, and Schedule 14 to, the 2003 Act.back [16] See section 43ZA of the NHS Act for conditional inclusion. Section 43ZA was inserted by the 2001 Act, section 21 and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) ("the 2002 Act"), section 2(5) and Schedule 2, paragraphs 1 and 18. See also sections 28X(5) and 43D(4) of the NHS Act and section 8ZA(7) of the National Health Service (Primary Care) Act 1997 (c. 46) ("the 1997 Act").back [17] See section 49G of the NHS Act for contingent removal. Section 49G was inserted by the 2001 Act, section 25, and amended by the 2002 Act, section 2(5) and Schedule 2, Part 1, paragraphs 1 and 21(c). See also sections 28X(4) and 43D(6) of the NHS Act and section 8ZA(7) of the 1997 Act.back [18] See section 49I of the NHS Act for suspension. Section 49I was inserted by the 2001 Act, section 25, and amended by the 2002 Act, section 29(5) and Schedule 2, Part 1, paragraphs 1 and 21(c). See also sections 28X(4) and 43D(6) of the NHS Act and section 8ZA(7) of the 1997 Act.back [19] S.I. 2001/3744.back [20] S.I. 2002/2469.back [21] 1986 (c. 46). See section 1A of the Act.back [22] S.I. 2002/3150 (N.I. 4).back [23] 1986 (c. 45).back [24] 1990 (c. 40).back [25] See Appendix 2 to the International Health Regulations (1969) adopted by the Twenty-second World Health Assembly in 1969 and amended by the Twenty-sixth World Health Assembly in 1973 and the Thirty-fourth World Health Assembly in 1981.back [26] 1971 c. 77.back ISBN 0 11 072336 8 -- Back --
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