SCHEDULE 1Additional persons for whom a CCG has responsibility
1
In this Schedule—
“care home” and “children's home” have the same meaning as in the Care Standards Act 2000 M1;
“child” means a person under the age of 18;
“continuing care” means care provided over an extended period of time to a person to meet physical or mental health needs which have arisen as the result of illness;
“independent hospital” means a hospital as defined in section 275(1) of the 2006 Act (interpretation), that is not a health service hospital as defined there;
“local authority” means a county council, a district council for an area for which there is no county council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;
“planned service” means any service whose provision is planned and arranged by a CCG as part of the health service in response to the results of an assessment of a person's physical or mental health needs and which is intended to bring about or promote a specific outcome in relation to those needs.
2
The list of persons referred to in regulation 4(1) is as follows—
a
every person present in the CCG's area, in relation to the provision of ambulance services or accident and emergency services, whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere (but excluding any services provided after the person has been accepted as an in-patient, or at an out-patient appointment);
b
every person aged 18 or over who falls within paragraph 3, in relation to the provision of the accommodation or services referred to in paragraph 3(b);
c
every child who falls within paragraph 4;
d
every person who falls within paragraph 5 in relation to the provision of the accommodation or services referred to in paragraph 5(b);
e
every person who falls within paragraph 6 in relation to the provision of the accommodation or services referred to in paragraph 6(b);
f
every child who falls within paragraph 7 in relation to the provision of the accommodation or services referred to in paragraph 7(b);
g
every child who falls within paragraph 8;
h
every person present in the CCG's area who is resident outside the United Kingdom and not provided with primary medical services by a member of any CCG;
i
every person resident in Scotland, Wales or Northern Ireland and present in the CCG's area who is a qualifying patient within the meaning of section 130C of the 1983 Act M2(section 130A:supplemental), and not provided with primary medical services by a member of any CCG;
j
every person who is a qualifying patient within the meaning of section 130C of the 1983 Act and liable to be detained under that Act in a hospital or registered establishment (within the meaning of that Act) in the CCG's area.
3
A person falls within this paragraph if—
a
the CCG has made an arrangement in the exercise of its commissioning functions (by itself or jointly with a local authority) by virtue of which the person is to be provided with services to meet his or her continuing care needs,
b
those services consist of or include the provision of the following accommodation and services to meet the person's continuing care needs—
i
accommodation in a care home or independent hospital situated in the area of another CCG F1or of a Local Health Board, and
ii
at least one planned service (other than a service consisting only of NHS-funded nursing care) which is connected to the provision of such accommodation (whether or not the accommodation is arranged by the CCG referred to in sub-paragraph (a)),
c
the person is resident in that accommodation and continues to need that planned service (or those planned services), and
d
the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
4
1
A child falls within this paragraph if both of sub-paragraphs (2) and (3) apply to the child.
2
This sub-paragraph applies to a child if any of the following is the case—
a
the child is looked after by a local authority within the meaning of section 22 of the Children Act 1989 M3 (general duty of local authority in relation to children looked after by them), other than by way of being accommodated in a secure children's home in respect of which the National Health Service Commissioning Board M4 must arrange for the provision of services to children detained there M5;
b
the child is a relevant child within the meaning of section 23A of that Act M6(the responsible authority and relevant children);
c
the child is a person to whom section 24(1A) or (1B) of that Act M7(persons qualifying for advice and assistance) applies;
d
the child is provided with accommodation at a school to which he or she is admitted in accordance with a statement of special educational needs made under section 324 of the Education Act 1996 M8(statement of special educational needs); or
e
the child requires accommodation in a care home, a children's home or an independent hospital to meet the child's continuing care needs.
3
This sub-paragraph applies to a child if—
a
the child is provided with—
i
services which consist of or include the provision of accommodation situated in the area of another CCG or of a Local Health Board, under arrangements made by the CCG in the exercise of its commissioning functions (by itself or jointly with a local authority), or
ii
such services under arrangements made by the local authority and immediately before those arrangements were made the CCG was responsible for the child under section 3(1A) of the 2006 Act; and
b
the child is both—
i
resident in that accommodation, and
ii
would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
5
A person falls within this paragraph if—
a
the CCG has made an arrangement in the exercise of its commissioning functions (by itself or jointly with a local authority) by virtue of which immediately before attaining 18 the person was provided with services to meet his or her continuing care needs;
b
those services consist of or include the provision of the following accommodation and services to meet the person's continuing care needs—
i
accommodation in a care home, a children's home or an independent hospital situated in the area of another CCG F2or of a Local Health Board, and
ii
nursing and another service which is a planned service, as part of the health service to meet his or her continuing care needs;
c
the person is resident in that accommodation and continues to need that planned service (or those planned services), and
d
the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
6
A person falls within this paragraph if—
a
a Primary Care Trust has made an arrangement before the relevant date in the exercise of its functions by virtue of regulation 3 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002 M9 by virtue of which the person was provided with services to meet his or her continuing care needs;
b
the rights and liabilities under that arrangement are transferred to the CCG by virtue of a scheme made under section 300 of the 2012 Act (transfer schemes);
c
the person continues to need the provision of the following accommodation and services to meet the person's continuing care needs—
i
accommodation in a care home or independent hospital situated in the area of another CCG, and
ii
at least one planned service (other than a service consisting only of NHS-funded nursing care) which is connected to the provision of such accommodation (whether or not the accommodation is arranged by the CCG); and
d
the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
7
A child falls within this paragraph if—
a
a Primary Care Trust has made an arrangement on or before 31st March 2013 in the exercise of its functions by virtue of regulation 3 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 by virtue of which the child was provided with services to meet his or her continuing care needs;
b
the rights and liabilities under that arrangement are transferred to the CCG by virtue of a scheme made under section 300 of the 2012 Act;
c
the child continues to need services consisting of or including the provision of accommodation in a care home, a children's home or an independent hospital situated in the area of another CCG and nursing and another service which is a planned service as part of the health service to meet his or her continuing care needs; and
d
the child would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
8
1
A child falls within this paragraph if—
a
a local authority has made an arrangement before the relevant date by virtue of which the child is provided with accommodation at a school in the area of another CCG or a Local Health Board, to which the child is admitted in accordance with a statement of special educational needs made under section 324 of the Education Act 1996;
b
immediately before the child was accommodated at that school the child was either—
i
provided with primary medical services by a person who is now a member of the CCG; or
ii
usually resident in the area of the CCG and not provided with primary medical services by a person who is now a member of the CCG; and
c
the child would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.
SCHEDULE 2Prescribed dental services
1
Oral surgery.
2
Restorative dentistry.
3
Paedodontic/paediatric dentistry.
4
Orthodontics.
5
Oral and maxillofacial surgery.
6
Endodontics.
7
Periodontics.
8
Prosthodontics.
9
Oral medicine.
10
Oral microbiology.
11
Oral and maxillofacial pathology.
12
Dental and maxillofacial radiology.
13
Special care dentistry.
SCHEDULE 3Services in respect of persons detained in specified accommodation
F5PART 1Secure children's homes to which regulation 10(2)(b) does not apply
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2Secure training centres and immigration removal centres
Words in Sch. 3 Pt. 2 table 2 inserted (17.2.2014) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2014 (S.I. 2014/91), regs. 1, 2(2)(a)
Words in Sch. 3 Pt. 2 table 2 inserted (17.2.2014) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2014 (S.I. 2014/91), regs. 1, 2(2)(b)
Name of centre | Specified date |
|---|---|
Hassockfield Secure Training Centre | From 1st April 2014 |
Medway Secure Training Centre | From 1st April 2014 |
Rainsbrook Secure Training Centre | From 1st April 2014 |
Name of centre | Specified Date |
|---|---|
Brook House Immigration Removal Centre | From 1st April 2014 |
Campsfield House Immigration Removal Centre | From 1st April 2014 |
Colnbrook Immigration Removal Centre | From 1st April 2013 |
Dover Immigration Removal Centre | From 1st April 2013 |
Harmondsworth Immigration Removal Centre | From 1st April 2013 |
Haslar Immigration Removal Centre | From 1st April 2013 |
Morton Hall Immigration Removal Centre | From 1st April 2013 |
Tinsley House Immigration Removal Centre | From 1st April 2014 |
F3The Verne Immigration Removal Centre | F4From 17th February 2014 |
Yarls Wood Immigration Removal Centre | From 1st April 2013 |
SCHEDULE 4Services for rare and very rare conditions
Interpretation1
For the purposes of this Schedule—
a
an individual is a child if they have not yet attained the age of 18 years old;
b
an individual is a young person if they are aged 13 years old or over but have not yet attained the age of 21 years old; and
c
an individual is an adult if they are aged 18 years old or over,
unless, for the purposes of a service specified in this Schedule, the Board, or the person providing such a service pursuant to a commissioning contract with the Board, considers on clinical grounds that an individual should otherwise be treated as a child, a young person or an adult.
The services2
Adult ataxia telangiectasia services.
3
Adult congenital heart disease services.
4
Adult highly specialist pain management services.
5
Adult highly specialist respiratory services.
6
Adult highly specialist rheumatology services.
7
Adult secure mental health services.
8
Adult specialist cardiac services.
9
Adult specialist eating disorder services.
10
Adult specialist endocrinology services.
11
Adult specialist intestinal failure services.
12
Adult specialist neurosciences services.
13
Adult specialist ophthalmology services.
14
Adult specialist orthopaedic services.
15
Adult specialist pulmonary hypertension services.
16
Adult specialist renal services.
17
Adult specialist services for patients infected with HIV.
18
Adult specialist vascular services.
19
Adult thoracic surgery services.
20
Alkaptonuria service.
21
Alström syndrome service.
22
Ataxia telangiectasia service for children.
F622A
Atypical haemolytic uraemic syndrome services.
23
Autoimmune paediatric gut syndromes service.
24
Autologous intestinal reconstruction service for adults.
25
Bardet-Biedl syndrome service.
26
Barth syndrome service.
27
Beckwith-Wiedemann syndrome with macroglossia service.
28
Behcet's syndrome service.
29
Bladder exstrophy service.
30
Blood and marrow transplantation services.
31
Bone anchored hearing aid services.
32
Breast radiotherapy injury rehabilitation service.
33
Child and adolescent mental health services – Tier 4.
34
Choriocarcinoma service.
35
Chronic pulmonary aspergillosis service.
36
Cleft lip and palate services.
37
Cochlear implantation services.
38
Complex childhood osteogenesis imperfecta service.
39
Complex Ehlers Danlos syndrome service.
40
Complex neurofibromatosis type 1 service.
41
Complex spinal surgery services.
42
Complex tracheal disease service.
43
Congenital hyperinsulinism service.
44
Craniofacial service.
45
Cryopyrin associated periodic syndrome service.
46
Cystic fibrosis services.
47
Diagnostic service for amyloidosis.
48
Diagnostic service for primary ciliary dyskinesia.
49
Diagnostic service for rare neuromuscular disorders.
50
Encapsulating peritoneal sclerosis treatment service.
51
Epidermolysis bullosa service.
52
Extra corporeal membrane oxygenation service for adults.
53
Extra corporeal membrane oxygenation service for neonates, infants and children with respiratory failure.
54
Ex-vivo partial nephrectomy service.
55
Fetal medicine services.
56
Gender identity development service for children and adolescents.
57
Gender identity disorder services.
F757A
Hand transplantation for adults.
58
Heart and lung transplantation service (including bridge to transplant using mechanical circulatory support).
59
Highly specialist adult urinary and gynaecological surgery services.
60
Highly specialist allergy services.
61
Highly specialist colorectal surgery services.
62
Highly specialist dermatology services.
63
Highly specialist metabolic disorder services.
64
Highly specialist pain management services for children and young people.
65
Highly specialist palliative care services for children and young people.
66
Highly specialist services for adults with infectious diseases.
67
Hyperbaric oxygen treatment services.
68
Insulin-resistant diabetes service.
69
Islet transplantation service.
70
Liver transplantation service.
71
Lymphangioleiomyomatosis service.
72
Lysosomal storage disorder service.
73
Major trauma services.
74
McArdle's disease service.
75
Mental health service for deaf children and adolescents.
76
Middle ear implantable hearing aid services.
77
Neurofibromatosis type 2 service.
78
Neuromyelitis optica service.
79
Neuropsychiatry services.
80
Ocular oncology service.
81
Ophthalmic pathology service.
82
Osteo-odonto-keratoprosthesis service for corneal blindness.
83
Paediatric and perinatal post mortem services.
84
Paediatric cardiac services.
85
Paediatric intestinal pseudo-obstructive disorders service.
86
Pancreas transplantation service.
87
Paroxysmal nocturnal haemoglobinuria service.
88
Positron Emission Tomography – Computed Tomography services.
89
Primary ciliary dyskinesia management service.
90
Primary malignant bone tumours service.
91
Proton beam therapy service.
92
Pseudomyxoma peritonei service.
93
Pulmonary hypertension service for children.
94
Pulmonary thromboendarterectomy service.
95
Radiotherapy services.
96
Rare mitochondrial disorders service.
97
Reconstructive surgery service for adolescents with congenital malformation of the female genital tract.
98
Retinoblastoma service.
99
Secure forensic mental health service for young people.
100
Severe acute porphyria service.
101
Severe combined immunodeficiency and related disorders service.
102
Severe intestinal failure service.
103
Severe obsessive compulsive disorder and body dysmorphic disorder service.
104
Small bowel transplantation service.
105
Specialist burn care services.
106
Specialist cancer services.
107
Specialist cancer services for children and young people.
108
Specialist dentistry services for children and young people.
109
Specialist ear, nose and throat services for children and young people.
110
Specialist endocrinology and diabetes services for children and young people.
111
Specialist gastroenterology, hepatology and nutritional support services for children and young people.
112
Specialist genetic services.
113
Specialist gynaecology services for children and young people.
114
Specialist haematology services for children and young people.
115
Specialist haemoglobinopathy services.
116
Specialist immunology services for patients with deficient immune systems.
117
Specialist mental health services for deaf adults.
118
Specialist morbid obesity services.
119
Specialist neonatal care services.
120
Specialist neuroscience services for children and young people.
121
Specialist ophthalmology services for children and young people.
122
Specialist orthopaedic surgery services for children and young people.
123
Specialist paediatric intensive care services.
124
Specialist paediatric liver disease service.
125
Specialist perinatal mental health services.
126
Specialist plastic surgery services for children and young people.
127
Specialist rehabilitation services for patients with highly complex needs.
128
Specialist renal services for children and young people.
129
Specialist respiratory services for children and young people.
130
Specialist rheumatology services for children and young people.
131
Specialist services for children and young people with infectious diseases.
132
Specialist services for complex liver, biliary and pancreatic diseases in adults.
133
Specialist services for haemophilia and other related bleeding disorders.
134
Specialist services for severe personality disorder in adults.
135
Specialist services to support patients with complex physical disabilities.
136
Specialist surgery for children and young people.
137
Specialist urology services for children and young people.
138
Spinal cord injury services.
139
Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders.
140
Stickler syndrome diagnostic service.
141
Vein of Galen malformation service.
142
Veterans' post traumatic stress disorder programme.
143
Wolfram syndrome service.
144
Xeroderma pigmentosum service.
SCHEDULE 5Persons disqualified from being a chair, CCG member or social services authority member of a review panel
1
A Member of Parliament, Member of the European Parliament or member of the London Assembly.
F82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A person who, within the period of five years immediately preceding the date of the proposed appointment, has been convicted—
a
in the United Kingdom of any offence; or
b
outside the United Kingdom of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part,
and, in either case, the final outcome of the proceedings was a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.
4
A person who is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 M10, sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 M11 or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 M12 (which relate to bankruptcy restrictions orders and undertakings).
5
1
A person who has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than because of redundancy, from paid employment by any of the following—
a
the Board;
b
a CCG;
c
a social services authority;
d
a Strategic Health Authority M13;
e
a Primary Care Trust M14;
f
an NHS trust M15;
g
an NHS foundation trust;
h
a Special Health Authority M16;
i
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
j
a Health Board or Special Health Board constituted under the National Health Service (Scotland) Act 1978 M17;
k
a Scottish NHS trust established under section 12A of the National Health Service (Scotland) Act 1978 M18;
l
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 M19;
m
the Care Quality Commission established by section 1 of the Health and Social Care Act 2008 M20;
n
the Health Protection Agency established by section 1 of the Health Protection Agency Act 2004 M21;
o
Monitor M22;
p
the Wales Centre for Health established by section 2 of the Health (Wales) Act 2003 M23;
q
the Common Services Agency for the Scottish Health Service constituted by section 10 of the National Health Service (Scotland) Act 1978 M24;
r
Healthcare Improvement Scotland, established by section 10A of the National Health Service (Scotland) Act 1978 M25;
s
the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978 M26;
t
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 M27;
u
the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M28;
v
the Regional Agency for Public Health and Wellbeing established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
w
the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
x
Health and Social Care trusts (formerly known as Health and Social Services trusts), established under the Health and Personal Social Services (Northern Ireland) Order 1991 M29;
y
Special health and social care agencies (formerly known as Special health and social services agencies), established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 M30;
z
the Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; and
aa
the Health and Social Care Regulation and Quality Improvement Authority (formerly known as The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority), established under the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 2003 M31.
2
For the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having been—
a
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;
b
in the case of a CCG, the chair or a member of the governing body of that CCG; or
c
in the case of any other NHS body, the chairman or chair, or a member or a director of the NHS body in question.
6
A person's term of office as the chairman or chair or as a member, director or governor of any of the bodies specified in paragraph 5(1) has been terminated on the grounds—
a
that it was not in the interests of, or conducive to the good management of, that body that they should continue to hold office;
b
that it was not in the interests of the health service that they should continue to hold office;
c
of non-attendance at meetings;
d
of non-disclosure of a pecuniary interest;
e
of misbehaviour, misconduct or failure to carry out the person's duties.
7
A health care professional or other professional person who has at any time been subject to an investigation or proceedings, by any body which regulates or licenses the profession concerned (“the regulatory body”), in connection with the person's fitness to practise or any alleged fraud, the final outcome of which was—
a
the person's suspension from a register held by the regulatory body, where that suspension has not been terminated;
b
the person's erasure from such a register, where the person has not been restored to the register;
c
a decision by the regulatory body which had the effect of preventing the person from practising the profession in question, where that decision has not been superseded; or
d
a decision by the regulatory body which had the effect of imposing conditions on the person's practice of the profession in question, where those conditions have not been lifted.
8
A person who is subject to—
a
b
an order made under section 429(2) of the Insolvency Act 1986 M34 (disabilities on revocation of administration order against an individual).
9
A person who has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners for England and Wales M35, the Charity Commission, the Charity Commission for Northern Ireland or the High Court, on the grounds of misconduct or mismanagement in the administration of the charity for which the person was responsible, to which the person was privy, or which the person by their conduct contributed to or facilitated.
10
A person who has at any time been removed, or is suspended, from the management or control of any body under—
a
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M36 (powers of the Court of Session to deal with the management of charities); or
b
section 34(5)(e) or (ea) of the Charities and Trustee Investment (Scotland) Act 2005 M37 (powers of the Court of Session to deal with the management of charities).
Sch. 3 Pt. 1 omitted (1.4.2014) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/452), regs. 1(1), 2(2)