The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

Revocation and saving provision

47.—(1) The Local Involvement Networks Regulations 2008(1) are revoked.

(2) Where paragraph (3) applies, subject to paragraphs (4) and (5), regulations 5 and 6 of the 2008 Regulations continue to have effect as if this Part were not in force.

(3) This paragraph applies where—

(a) a services-provider has, prior to the commencement of this Part, received a report or recommendation (whether an original or a copy) made by a local involvement network in the carrying-on of section 221 activities pursuant to arrangements made under section 221(1) of the 2007 Act (“the relevant report or recommendation”);

(b) the time by which any duties under regulations 5 and 6 of the 2008 Regulations as respects the relevant report or recommendation are to be performed has not expired as at the date of commencement of this Part; and

(c) any such duties have yet to be performed as at that date.

(4) For the purposes of paragraph (2)—

(a) the referrer of a relevant report or recommendation is deemed to be the Local Healthwatch organisation for the local authority area in respect of which the local involvement network referred to in paragraph (3)(a) carried out the section 221 activities in question;

(b) regulation 5 of the 2008 Regulations is to be read as if references to “Local Healthwatch organisation” are substituted for references to “local involvement network”.

(5) For the purposes of paragraph (2), in any case where a Primary Care Trust was a relevant services-provider, as defined in regulation 5(4) of the 2008 Regulations, in respect of the report or recommendation—

(a) the body or bodies responsible for discharging the duties of that services-provider on or after the date this Part comes into force are the relevant body or bodies exercising the function of arranging the provision of the care services to which the report or recommendation relates and which were commissioned by the Trust;

(b) the references to “relevant services-provider” in regulation 5(3)(b) and (c) of the 2008 Regulations include a reference to the relevant body or bodies; and

(c) the period referred to in regulation 5(3) of the 2008 Regulations is to be treated as 30 working days beginning with the date, or latest date, on which the report or recommendation was received by the relevant body or bodies.

(6) In this regulation—

“the 2008 Regulations” means the Local Involvement Networks Regulations 2008;

“local involvement network” has the same meaning as in the 2008 Regulations(2);

“services-provider” has the same meaning as in the 2008 Regulations(3);

“relevant body or bodies” means a clinical commissioning group or groups or the National Health Service Commissioning Board.

(1)

S.I. 2008/528, as amended by S.I. 2008/1877.

(2)

See regulation 1(3) of the Local Involvement Networks Regulations 2008.

(3)

See regulation 1(3) of the Local Involvement Networks Regulations 2008.