The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Regulation 4

F1 SCHEDULE 1 E+W Additional persons for whom a CCG has responsibility

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 omitted (1.7.2022) by virtue of The National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 (S.I. 2022/635), regs. 1(1), 9(4)(c)

Regulation 6

SCHEDULE 2 E+W Prescribed dental services

1.  Oral surgery. E+W

2.  Restorative dentistry. E+W

3.  Paedodontic/paediatric dentistry. E+W

4.  Orthodontics. E+W

5.  Oral and maxillofacial surgery. E+W

6.  Endodontics. E+W

7.  Periodontics. E+W

8.  Prosthodontics. E+W

9.  Oral medicine. E+W

10.  Oral microbiology. E+W

11.  Oral and maxillofacial pathology. E+W

12.  Dental and maxillofacial radiology. E+W

13.  Special care dentistry. E+W

Regulation 10

SCHEDULE 3 E+W Services in respect of persons detained in specified accommodation

F2 PART 1 E+W Secure children's homes to which regulation 10(2)(b) does not apply

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 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)

PART 2 E+W Secure training centres and immigration removal centres

Table 1 – Secure training centres

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

Table 2 – Immigration removal centres

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
[F3 The Verne Immigration Removal Centre]	[F4 From 17th February 2014]
Yarls Wood Immigration Removal Centre	From 1st April 2013

Textual Amendments

F3 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)

F4 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)

Regulations 7, 10 and 11

SCHEDULE 4 E+W Services for rare and very rare conditions

Interpretation E+W

1.  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, [F5 NHS England], or the person providing such a service pursuant to a commissioning contract with [F5 NHS England], considers on clinical grounds that an individual should otherwise be treated as a child, a young person or an adult.

Textual Amendments

F5 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

The services E+W

2.  Adult ataxia telangiectasia services.

3.  Adult congenital heart disease services. E+W

[F6 3A.   Adult highly specialist oesophageal gastric services in the form of gastro-electrical stimulation for patients with intractable gastroparesis.] E+W

Textual Amendments

F6 Sch. 4 para. 3A inserted (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(3)

4.  Adult highly specialist pain management services. E+W

5.  Adult highly specialist respiratory services. E+W

6.  Adult highly specialist rheumatology services. E+W

7.  Adult secure mental health services. E+W

8.  Adult specialist cardiac services. E+W

9.  Adult specialist eating disorder services. E+W

10.  Adult specialist endocrinology services. E+W

F7 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 Sch. 4 para. 11 omitted (1.4.2015) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(4)

12.  Adult specialist neurosciences services. E+W

13.  Adult specialist ophthalmology services. E+W

14.  Adult specialist orthopaedic services. E+W

15.  Adult specialist pulmonary hypertension services. E+W

16.  Adult specialist renal services. E+W

17.  Adult specialist services for patients infected with HIV. E+W

18.  Adult specialist vascular services. E+W

19.  Adult thoracic surgery services. E+W

20.  Alkaptonuria service. E+W

[F8 20A.   Alpha 1 antitrypsin services.] E+W

Textual Amendments

F8 Sch. 4 para. 20A inserted (1.4.2019) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(3)(b), 2(4)(a)

21.  Alström syndrome service. E+W

22.  Ataxia telangiectasia service for children. E+W

[F9 22A.   Atypical haemolytic uraemic syndrome services.] E+W

Textual Amendments

F9 Sch. 4 para. 22A inserted (1.4.2014) by 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), 3(2)

23.  Autoimmune paediatric gut syndromes service. E+W

24.  Autologous intestinal reconstruction service for adults. E+W

25.  Bardet-Biedl syndrome service. E+W

26.  Barth syndrome service. E+W

27.  Beckwith-Wiedemann syndrome with macroglossia service. E+W

28.  Behcet's syndrome service. E+W

29.  Bladder exstrophy service. E+W

30.  Blood and marrow transplantation services. E+W

[F10 31.   Bone conduction hearing implant services.] E+W

Textual Amendments

F10 Sch. 4 para. 31 substituted (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(5)

32.  Breast radiotherapy injury rehabilitation service. E+W

33.  Child and adolescent mental health services – Tier 4. E+W

34.  Choriocarcinoma service. E+W

35.  Chronic pulmonary aspergillosis service. E+W

36.  Cleft lip and palate services. E+W

[F11 36A.   Clinical genomic services.] E+W

Textual Amendments

F11 Sch. 4 para. 36A inserted (1.4.2018) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(2), 2(4)(b)

37.  Cochlear implantation services. E+W

38.  Complex childhood osteogenesis imperfecta service. E+W

39.  Complex Ehlers Danlos syndrome service. E+W

40.  Complex neurofibromatosis type 1 service. E+W

41.  Complex spinal surgery services. E+W

42.  Complex tracheal disease service. E+W

43.  Congenital hyperinsulinism service. E+W

44.  Craniofacial service. E+W

45.  Cryopyrin associated periodic syndrome service. E+W

46.  Cystic fibrosis services. E+W

47.  Diagnostic service for amyloidosis. E+W

48.  Diagnostic service for primary ciliary dyskinesia. E+W

49.  Diagnostic service for rare neuromuscular disorders. E+W

50.  Encapsulating peritoneal sclerosis treatment service. E+W

51.  Epidermolysis bullosa service. E+W

52.  Extra corporeal membrane oxygenation service for adults. E+W

53.  Extra corporeal membrane oxygenation service for neonates, infants and children with respiratory failure. E+W

54.  Ex-vivo partial nephrectomy service. E+W

55.  Fetal medicine services. E+W

56.  Gender identity development service for children and adolescents. E+W

57.  Gender identity disorder services. E+W

[F12 57ZA.   Gonadal tissue cryopreservation services for children and young people at high risk of gonadal failure due to treatment or disease.] E+W

Textual Amendments

F12 Sch. 4 para. 57ZA inserted (1.4.2020) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(3)(c), 2(4)(c)

[F13 57A.   Hand transplantation for adults.] E+W

Textual Amendments

F13 Sch. 4 para. 57A inserted (1.4.2014) by 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), 3(3)

58.  Heart and lung transplantation service [F14 (including mechanical circulatory support)]. E+W

Textual Amendments

F14 Words in Sch. 4 para. 58 substituted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(2)(a) (with reg. 5)

[F15 59.   Highly specialist adult gynaecological surgery and urinary surgery services for women.] E+W

Textual Amendments

F15 Sch. 4 paras. 59, 59A substituted for Sch. 4 para. 59 (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(6)

[F15 59A.   Highly specialist adult urological surgery services for men.] E+W

Textual Amendments

F15 Sch. 4 paras. 59, 59A substituted for Sch. 4 para. 59 (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(6)

60.  Highly specialist allergy services. E+W

F16 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 Sch. 4 para. 61 omitted (1.4.2015) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(7)

62.  Highly specialist dermatology services. E+W

63.  Highly specialist metabolic disorder services. E+W

64.  Highly specialist pain management services for children and young people. E+W

65.  Highly specialist palliative care services for children and young people. E+W

66.  Highly specialist services for adults with infectious diseases. E+W

67.  Hyperbaric oxygen treatment services. E+W

68.  Insulin-resistant diabetes service. E+W

69.  Islet transplantation service. E+W

70.  Liver transplantation service. E+W

71.  Lymphangioleiomyomatosis service. E+W

72.  Lysosomal storage disorder service. E+W

73.  Major trauma services. E+W

74.  McArdle's disease service. E+W

75.  Mental health service for deaf children and adolescents. E+W

[F17 76.   Mitochondrial donation service.] E+W

Textual Amendments

F17 Sch. 4 para. 76 inserted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(2)(b) (with reg. 5)

77.  Neurofibromatosis type 2 service. E+W

78.  Neuromyelitis optica service. E+W

79.  Neuropsychiatry services. E+W

80.  Ocular oncology service. E+W

81.  Ophthalmic pathology service. E+W

82.  Osteo-odonto-keratoprosthesis service for corneal blindness. E+W

83.  Paediatric and perinatal post mortem services. E+W

84.  Paediatric cardiac services. E+W

85.  Paediatric intestinal pseudo-obstructive disorders service. E+W

86.  Pancreas transplantation service. E+W

87.  Paroxysmal nocturnal haemoglobinuria service. E+W

88.  Positron Emission Tomography – Computed Tomography services. E+W

89.  Primary ciliary dyskinesia management service. E+W

90.  Primary malignant bone tumours service. E+W

91.  Proton beam therapy service. E+W

92.  Pseudomyxoma peritonei service. E+W

[F18 92A.   Psychological medicine inpatient services for severe and complex presentations of medically unexplained physical symptoms.] E+W

Textual Amendments

F18 Sch. 4 para. 92A inserted (1.4.2020) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(3)(c), 2(4)(d)

93.  Pulmonary hypertension service for children. E+W

94.  Pulmonary thromboendarterectomy service. E+W

95.  Radiotherapy services. E+W

96.  Rare mitochondrial disorders service. E+W

97.  Reconstructive surgery service for adolescents with congenital malformation of the female genital tract. E+W

98.  Retinoblastoma service. E+W

99.  Secure forensic mental health service for young people. E+W

100.  Severe acute porphyria service. E+W

101.  Severe combined immunodeficiency and related disorders service. E+W

102.  Severe intestinal failure service. E+W

103.  Severe obsessive compulsive disorder and body dysmorphic disorder service. E+W

104.  Small bowel transplantation service. E+W

[F19 104A.   Specialist adult haematology services.] E+W

Textual Amendments

F19 Sch. 4 para. 104A inserted (1.4.2020) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(3)(c), 2(4)(e)

105.  Specialist burn care services. E+W

106.  Specialist cancer services. E+W

107.  Specialist cancer services for children and young people. E+W

[F20 107A.   Specialist colorectal surgery services.] E+W

Textual Amendments

F20 Sch. 4 para. 107A inserted (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(9)

108.  Specialist dentistry services for children and young people. E+W

109.  Specialist ear, nose and throat services for children and young people. E+W

110.  Specialist endocrinology and diabetes services for children and young people. E+W

111.  Specialist gastroenterology, hepatology and nutritional support services for children and young people. E+W

F21 112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 Sch. 4 para. 112 omitted (1.4.2018) by virtue of The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(2), 2(4)(f)

113.  Specialist gynaecology services for children and young people. E+W

114.  Specialist haematology services for children and young people. E+W

115.  Specialist haemoglobinopathy services. E+W

[F22 116.   Specialist immunology services for adults with deficient immune systems.] E+W

Textual Amendments

F22 Sch. 4 paras. 116, 116A substituted for Sch. 4 para. 116 (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(10)

[F22 116A.   Specialist immunology services for children with deficient immune systems.] E+W

Textual Amendments

F22 Sch. 4 paras. 116, 116A substituted for Sch. 4 para. 116 (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(10)

[F23 116B.   Specialist maternity care for women diagnosed with abnormally invasive placenta.] E+W

Textual Amendments

F23 Sch. 4 para. 116B inserted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(2)(c) (with reg. 5)

117.  Specialist mental health services for deaf adults. E+W

F24 118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 Sch. 4 para. 118 omitted (1.4.2016) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(2)(d) (with reg. 5)

119.  Specialist neonatal care services. E+W

120.  Specialist neuroscience services for children and young people. E+W

121.  Specialist ophthalmology services for children and young people. E+W

122.  Specialist orthopaedic surgery services for children and young people. E+W

123.  Specialist paediatric intensive care services. E+W

124.  Specialist paediatric liver disease service. E+W

125.  Specialist perinatal mental health services. E+W

126.  Specialist plastic surgery services for children and young people. E+W

127.  Specialist rehabilitation services for patients with highly complex needs. E+W

128.  Specialist renal services for children and young people. E+W

129.  Specialist respiratory services for children and young people. E+W

130.  Specialist rheumatology services for children and young people. E+W

131.  Specialist services for children and young people with infectious diseases. E+W

132.  Specialist services for complex liver, biliary and pancreatic diseases in adults. E+W

133.  Specialist services for haemophilia and other related bleeding disorders. E+W

134.  Specialist services for severe personality disorder in adults. E+W

135.  Specialist services to support patients with complex physical disabilities [F25 excluding wheelchair services]. E+W

Textual Amendments

F25 Words in Sch. 4 para. 135 inserted (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(11)

136.  Specialist surgery for children and young people. E+W

137.  Specialist urology services for children and young people. E+W

138.  Spinal cord injury services. E+W

139.  Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders. E+W

140.  Stickler syndrome diagnostic service. E+W

[F26 140A.   Surgery for complex obesity in children.] E+W

Textual Amendments

F26 Sch. 4 para. 140A inserted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(2)(e) (with reg. 5)

[F27 140AA.   Termination services for expectant mothers with significant comorbidities that require either or both critical care and medical support.] E+W

Textual Amendments

F27 Sch. 4 para. 140AA inserted (1.4.2018) by The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/283), regs. 1(2), 2(4)(g)

[F28 140B.   Uterine transplantation services.] E+W

Textual Amendments

F28 Sch. 4 para. 140B inserted (1.4.2017) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2017 (S.I. 2017/296), regs. 1, 2(2)

141.  Vein of Galen malformation service. E+W

142.  Veterans' post traumatic stress disorder programme. E+W

143.  Wolfram syndrome service. E+W

144.  Xeroderma pigmentosum service. E+W

Regulation 25(3)

SCHEDULE 5 E+W Persons disqualified from being a chair, [F29 integrated care board] member or social services authority member of a review panel

Textual Amendments

F29 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

1.  A Member of Parliament, Member of the European Parliament or member of the London Assembly. E+W

F30 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F30 Sch. 5 para. 2 omitted (1.4.2014) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013 (S.I. 2013/2891), regs. 1(2), 2(2)

3.  A person who, within the period of five years immediately preceding the date of the proposed appointment, has been convicted— E+W

(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 M1 , sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 M2 or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 M3 (which relate to bankruptcy restrictions orders and undertakings). E+W

Marginal Citations

M1 1986 c. 45. Schedule 4A was inserted by the Enterprise Act 2002 (c. 40), Schedule 20.

M2 1985 c. 66. Sections 56A to 56K were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 2(1).

M3 S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by S.I. 2005/1455 (N.I. 10).

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— E+W

(a) [F5 NHS England] ;

[F31 (aa) a clinical commissioning group;];

(b) a CCG;

(c) a social services authority;

F32 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) an NHS trust M4 ;

(g) an NHS foundation trust;

(h) a Special Health Authority M5 ;

(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 M6 ;

(k) a Scottish NHS trust established under section 12A of the National Health Service (Scotland) Act 1978 M7 ;

(l) a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 M8 ;

(m) the Care Quality Commission established by section 1 of the Health and Social Care Act 2008 M9 ;

(n) the Health Protection Agency established by section 1 of the Health Protection Agency Act 2004 M10 ;

(o) Monitor M11 ;

(p) the Wales Centre for Health established by section 2 of the Health (Wales) Act 2003 M12 ;

(q) the Common Services Agency for the Scottish Health Service constituted by section 10 of the National Health Service (Scotland) Act 1978 M13 ;

(r) Healthcare Improvement Scotland, established by section 10A of the National Health Service (Scotland) Act 1978 M14 ;

(s) the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978 M15 ;

(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 M16 ;

(u) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M17 ;

(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 M18 ;

(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 M19 ;

(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 M20 .

(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;

[F34 (b) in the case of a clinical commissioning group, the chair or a member of the governing body of that clinical commissioning group;]

[F35 (ba) in the case of an integrated care board, a member of that integrated care board; or]

(c) case of any other NHS body, the chairman or chair, or a member or a director of the NHS body in question.

Textual Amendments

F5 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F31 Sch. 5 para. 5(1)(aa) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(a)

F32 Sch. 5 para. 5(1)(d) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 209(11)

F33 Sch. 5 para. 5(1)(e) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 209(11)

F34 Sch. 5 para. 5(2)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(b)(i)

F35 Sch. 5 para. 5(2)(ba) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(b)(ii)

Marginal Citations

M4 NHS trusts are established under section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006 (c. 42). NHS Trusts in England are abolished by section 179 of the 2012 Act.

M5 Special Health Authorities are established under section 28 of the 2006 Act or section 22 of the National Health Service (Wales) Act 2006.

M6 1978 c. 29. Section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services Adjudications Act 1983 (c. 41), section 28 of, and paragraph 19(1) of Schedule 9 and paragraph 1 of Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19), paragraph 1(2) of Schedule 1 to the National Health Service Reform (Scotland) Act 2004 (asp 7), paragraph 2(2) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 2(1) of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

M7 Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 and amended by paragraph 34 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and sections 46(1) and 48 of, and paragraph 45 of Schedule 4 to, the Health Act 1999 (c. 8).

M8 S.I. 1972/1265 (N.I. 14). Health and Social Services Boards were dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M9 2008 c. 14.

M10 2004 c. 17. The Health Protection Agency is abolished by section 56 of the 2012 Act.

M11 “Monitor” is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act, and generally, Chapter 1 of Part 3 of that Act.

M12 2003 c. 4. The Wales Centre for Health is abolished under S.I. 2009/2653 (W215).

M13 Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c. 53), paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990, paragraph 44 of Schedule 8 to the Health Act 1999 (c. 8) and paragraph 2(4) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

M14 Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

M15 Section 4 was amended by section 12(3) of, and Schedule 3 to, the Health and Medicines Act 1988 (c. 49) and paragraph 2(3) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005.

M16 The Northern Ireland Central Services Agency for the Health and Social Services was dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M17 2009 c. 1 (N.I.).

M18 S.I. 1991/194 (N.I. 1). Health and Social Services trusts established under Article 10 of S.I. 1991/194 (N.I.) were renamed Health and Social Care trusts under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M19 S.I. 1990/247 (N.I. 3). Special health and social services agencies established under Article 10 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 were renamed Special health and social care agencies under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M20 S.I. 2003/431 (N.I. 9). The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority established under Article 10 of S.I. 2003/431 (N.I. 9) was renamed The Health and Social Care Regulation and Quality Improvement Authority under section 1(2) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

6.   [F36 A person whose 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.

Textual Amendments

F36 Words in Sch. 5 para. 6 substituted (1.10.2014) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/1611), regs. 1(1), 6

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— E+W

(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— E+W

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 M21 or the Company Directors Disqualification (Northern Ireland) Order 2002 M22 ; or

(b) an order made under section 429(2) of the Insolvency Act 1986 M23 (disabilities on revocation of administration order against an individual).

Marginal Citations

M21 1986 c. 46.

M22 S.I. 2002/3150 (N.I. 4).

M23 1986 c. 45. The original subsections (1) and (2) were substituted by paragraph 3(2) of Schedule 16 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), and subsection (2) was amended by paragraph 15 of Schedule 23 to the Enterprise Act 2002 (c. 40).

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 M24 , 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. E+W

Marginal Citations

M24 The Charity Commissioners for England and Wales were replaced by the Charity Commission: section 6 of the Charities Act 2006 (c. 50).

10.  A person who has at any time been removed, or is suspended, from the management or control of any body under— E+W

(a) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M25 (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 M26 (powers of the Court of Session to deal with the management of charities).

Marginal Citations

M25 1990 c. 40. Section 7 was repealed by paragraph 7(b) of Schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

M26 2005 (asp 10). Section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).