The Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under powers contained in Chapter 2 of Part 5 of the Localism Act 2011, which sets out a right whereby certain bodies may submit an expression of interest in providing or assisting in providing services on behalf of specified authorities in the exercise of any of those authorities’ functions in relation to England.

Regulation 3 and Schedule 1 set out what information must be included in an expression of interest.

Regulation 4 and Schedule 2 set out certain services that are excluded from the right. The services excluded from the right by paragraph 2 of the Schedule are relevant services which are commissioned together with one or more health services either jointly by a relevant authority and a Primary Care Trust, NHS trust or NHS foundation trust (“NHS body”) or a Strategic Health Authority, or pursuant to a partnership arrangement made between an NHS body and a relevant authority. The services excluded from the right by paragraph 3 are relevant services commissioned by an NHS body on behalf of a relevant authority. The services set out in paragraphs 2 and 3 are excluded from the right only until 1st April 2014. Paragraph 4 excludes from the right relevant services commissioned or provided by a relevant authority to a named individual with complex health and social care needs.

An impact assessment of the effect that this instrument may have as placing new burdens on relevant authorities is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk Copies have also been placed in the Libraries of both Houses of Parliament and may also be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (Telephone [phone]).