The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015

Amendments in relation to services for rare and very rare conditions which are commissioned by the Board

2.—(1) After regulation 11 (specified services for rare and very rare conditions) of the principal Regulations, insert—

“Saving and transitional provision in relation to certain services for rare and very rare conditions

11A.— (1) A relevant contract in relation to transferring services is not terminated or modified by virtue of the omission of those transferring services from Schedule 4 with effect from the transfer date and continues in force as it did immediately before the transfer date.

(2) The Board retains the duty under regulations 7(2)(c), 10(1)(c) and 11 which it held in relation to those transferring services immediately before the transfer date for so long as a relevant contract for the provision of those services continues to have effect in relation to those transferring services but only to the extent of the provision which is made in that relevant contract for such services.

(3) In this regulation—

(a) a “relevant contract” is a contract having effect as between the Board and another person for the provision as part of the health service(1) of transferring services where that contract has effect immediately before the transfer date;

(b) “the transfer date” means 1st April 2015;

(c) “transferring services” are wheelchair services as included within the service specified at paragraph 135 in Schedule 4 immediately prior to the transfer date.”.

(2) Schedule 4 to the principal Regulations (services for rare and very rare conditions) is amended as follows.

(3) After paragraph 3, insert—

“3A.   Adult highly specialist oesophageal gastric services in the form of gastro-electrical stimulation for patients with intractable gastroparesis.”.

(4) Omit paragraph 11.

(5) For paragraph 31, substitute—

“31.   Bone conduction hearing implant services.”.

(6) For paragraph 59, substitute—

“59.   Highly specialist adult gynaecological surgery and urinary surgery services for women.

59A.   Highly specialist adult urological surgery services for men.”.

(7) Omit paragraph 61.

(8) Omit paragraph 76.

(9) After paragraph 107, insert—

“107A.   Specialist colorectal surgery services.”.

(10) For paragraph 116, substitute—

“116.   Specialist immunology services for adults with deficient immune systems.

116A.   Specialist immunology services for children with deficient immune systems.”.

(11) At the end of paragraph 135, insert “excluding wheelchair services”.

(1)

See section 275(1) of the 2006 Act for the definition of “the health service”.