The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

PART 1General

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 and come into force on 1st April 2013.

(2) In these Regulations—

“the 2006 Act” means the National Health Service Act 2006(1);

“the 2012 Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012(2);

“the Board” means the National Health Service Commissioning Board(3);

“CCG” means clinical commissioning group(4);

“health-related services” and “social care services” have the same meaning as in section 62(11) of the Health and Social Care Act 2012;

“patient” has the same meaning as in the 2006 Act(5);

“provider” means a person who provides health care services for the purposes of the NHS(6), or is interested in doing so;

“relevant body” means a CCG or the Board.

(3) References to a “contract” in these Regulations include an NHS contract (which has the same meaning as in section 9 of the 2006 Act).

(4) These Regulations do not apply in respect of pharmaceutical services, including local pharmaceutical services, under Part 7 of the 2006 Act.

(3)

The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006 (c. 41) (“the 2006 Act”). Section 1H is inserted by section 9(1) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”).

(4)

A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act, inserted by section 10 of the 2012 Act.

(5)

See in particular section 275(1) of the 2006 Act.

(6)

See section 64(3) and (4) of the 2012 Act for the meaning of “health care services” and “the NHS”.