The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022

Amendment of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

209.—(1) The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012(1) are amended as follows.

(2) In regulation 2, in paragraph (2)—

(a) in sub-paragraph (a) for “3” substitute “3(2)”;

(b) in sub-paragraph (b) for “require Board” substitute “require NHS England”.

(3) In regulation 19, after paragraph (2) insert—

“(3) Consultation undertaken before 1st July 2022 is as effective for the purposes of regulation 18 as consultation undertaken after 1st July 2022.”.

(4) In regulation 20, in paragraph (2) for sub-paragraph (a) substitute—

“(a) in the case of an integrated care board—

(i) by virtue of section 3(2)(a) of the 2006 Act, except where the person is a person for whom another integrated care board is responsible by virtue of paragraphs 2(b), (d), (e), (f), (h) or (j) of the Schedule to the National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022(2), or

(ii) by virtue of regulations 3(1), 5 and 6 of the National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022, except where the person is a person to whom paragraph 2(a) of the Schedule to those Regulations applies; or”.

(5) In regulation 21—

(a) omit paragraph (3)(b);

(b) omit paragraphs (7A) and (7B);

(c) omit paragraph (9)(b);

(d) in paragraph (13) omit the definition of “Delayed Discharges Directions”.

(6) In regulation 32—

(a) in paragraph (1), in the opening words—

(i) after “(“the Delayed Discharges Directions”)”, insert “and that healthcare was being provided immediately before 1st July 2022”;

(ii) for the second occurrence of “the relevant date”, substitute “1st July 2022”;

(b) after paragraph (1) insert—

“(1A) Where a clinical commissioning group has, before 1st July 2022, determined that a person is eligible for NHS Continuing Healthcare, the relevant body with responsibility for that person on 1st July 2022 must continue to provide NHS Continuing Healthcare unless—

(a) regulation 21(2)(b) applies;

(b) an assessment of eligibility for NHS Continuing Healthcare is undertaken pursuant to regulation 21; and

(c) that body determines that the person is no longer eligible for NHS Continuing Healthcare.”;

(c) for paragraph (2) substitute—

“(2) Where a clinical commissioning group has, before 1st July 2022—

(a) started an initial screening process to decide whether to undertake an assessment of a person’s eligibility for NHS Continuing Healthcare but not completed the process, the relevant body with responsibility for that person must—

(i) complete the initial screening process as if it had commenced under regulation 21(4), and

(ii) where the outcome of that process is that an assessment for NHS Continuing Healthcare is required, assess that person’s eligibility for NHS Continuing Healthcare under this Part; or

(b) started to assess a person’s eligibility for NHS Continuing Healthcare, the relevant body with responsibility for that person must complete the assessment as if it had commenced under regulation 21.”;

(d) omit paragraphs (3) and (4);

(e) for paragraph (6) substitute—

“(6) Subject to regulation 27, the appointment of a person appointed as a CCG member in accordance with regulation 24 before 1st July 2022—

(a) continues for such period as it would have continued if the clinical commissioning group had not been abolished, and

(b) as if that person were appointed as an integrated care board member in respect of each integrated care board whose area falls wholly or partly within the area of the clinical commissioning group in relation to which they were a CCG member.”.

(7) For regulation 37, substitute—

“Transitional Provisions

37.— (1) Where—

(a) before 1st July 2022, a person has made a request for a written statement of the reasons for a clinical commissioning group’s general policy on whether a particular health care intervention is to be made available pursuant to regulation 35(1)(b), and

(b) a written statement of reasons has not been provided before 1st July 2022 by the clinical commissioning group to whom that request was made,

the relevant body with responsibility for that person must provide a written statement of reasons for that general policy as soon as reasonably practicable.

(2) Where a clinical commissioning group—

(a) before 1st July 2022, has made a decision to refuse a request for the funding of a health care intervention in respect of a person where the clinical commissioning group’s general policy is not to fund that intervention, but

(b) has not provided that person with a written statement of reasons for that decision pursuant to regulation 35(2),

the relevant body with responsibility for that person must provide a written statement of reasons to that person as soon as reasonably practicable.

(3) Where a clinical commissioning group—

(a) before 1st July 2022, has made a decision to fund a health care intervention for a person where the clinical commissioning group’s general policy is not to fund that intervention, but

(b) has not notified that person of that decision,

the relevant body with responsibility for that person must notify that person as soon as reasonably practicable of that decision, and fund that intervention.

(4) Where, before 1st July 2022, a clinical commissioning group has received a request for the funding of a health care intervention but has not determined it, the relevant body with responsibility for the person who made the request must—

(a) decide whether or not to fund that intervention, and

(b) if the decision is to refuse to fund that intervention, provide a written statement of reasons to that person as soon as reasonably practicable.”.

(8) In regulation 44(1) omit the definition of “Waiting Times Directions”.

(9) Omit regulation 55.

(10) Omit Part 11.

(11) In Schedule 5, in paragraph 5, in sub-paragraph (1) omit paragraphs (d) and (e).

(1)

S.I. 2012/2996, relevant amending instruments are S.I. 2013/218, 2013/2891, 2014/3215, 2015/643.

(2)

S.I. 2022/635.