Amendment of regulation 3 of the principal Regulations
3.—(1) Regulation 3 of the principal Regulations (eligible bodies) is amended as follows.
(2) In paragraph (1)—
(a)omit sub-paragraphs (b) and (d); and
(b)after sub-paragraph (e), insert the following sub-paragraphs—
“(f)NICE(1);
(g)the Health and Social Care Information Centre(2);
(h)a local authority which provides, or arranges the provision of, relevant health services, the provision of which is the subject of an arrangement made with the Secretary of State, the Board, a CCG, a Special Health Authority, an NHS trust or an NHS foundation trust;
(i)a body (A) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of a direct arrangement made between it and the Board, a CCG or a Special Health Authority;
(j)where paragraph (3) applies, a body (B) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of an arrangement as mentioned in sub-paragraph (i) and a further arrangement between A and B;
(k)where paragraph (4) applies, a body (C) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of an arrangement as mentioned in sub-paragraph (i), a further arrangement between A and B as mentioned in sub-paragraph (j), and then a further arrangement between B and C; or
(l)a person who—
(i)immediately before 1st April 2013, is a person specified in paragraph (6) of regulation 4; and
(ii)continues to provide the services referred to in paragraph (6)(a) of regulation 4,
as that regulation appeared prior to these Regulations coming into force.”.
(3) After paragraph (2), insert the following paragraphs—
“(3) This paragraph applies where the primary provider body with which the sub-provider body has made a further arrangement as set out in paragraph (1)(j) is not itself a member of the Scheme (that is, B is only eligible to be a member of the Scheme if A, in respect of the arrangements in question, is not a member).
(4) This paragraph applies where neither the primary provider body nor the sub-provider body with which arrangements are made as mentioned in paragraph (1)(k) are themselves members of the Scheme (that is, C is only eligible to be a member of the Scheme if A and B, in respect of the arrangements in question, are not members).”.
Established by section 232(1) of the Health and Social Care Act 2012 (c.7).
Established by section 252(1) of the Health and Social Care Act 2012.