The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Statutory Instruments

2013 No. 235

National Health Service, England

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Made

5th February 2013

Laid before Parliament

13th February 2013

Coming into force

1st April 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 28(1), (2) and (5), 272(7) and (8) and 273(1) of the National Health Service Act 2006 M1 and sections 303 and 304(9) and (10) of the Health and Social Care Act 2012 M2 .

The Secretary of State has, in accordance with section 28(7) of the National Health Service Act 2006, consulted such bodies as the Secretary of State has recognised as representing officers who, in the Secretary of State's opinion, are likely to be transferred, or affected by transfer, in pursuance of Part 2 of this Order.

The Secretary of State has consulted Scottish Ministers in accordance with section 303(4) of the Health and Social Care Act 2012.

Marginal Citations

M1 2006 c. 41. The powers conferred by the National Health Service Act 2006 and exercised by the Secretary of State in making this Order are exercisable only in relation to England by virtue of section 271(1) of that Act; see Part 2 of the Order.

M2 2012 c. 7.

PART 1 U.K. General

Citation, commencement, extent and application U.K.

1.—(1) This Order may be cited as the National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013.

(2) This Order comes into force on 1st April 2013.

(3) Subject to paragraphs (4) and (5), this Order extends to England and Wales only.

(4) Any amendment or revocation made by this Order has the same extent as the enactment amended or revoked.

(5) Any transitional or saving provision made by this Order has the same extent as the enactment to which it relates.

(6) Part 2 of this Order applies in relation to England only.

PART 2 U.K. Abolition of the National Treatment Agency

Interpretation U.K.

2.  In this Part—

“the Agency” means the National Treatment Agency established by article 2 of the National Treatment Agency (Establishment and Constitution) Order 2001 M3 ; and

“the transfer date” means 1st April 2013.

Marginal Citations

M3 S.I. 2001/713. The relevant amending instrument is S.I. 2003/1827.

Abolition of the Agency U.K.

3.  The Agency is abolished.

Transfer of staff to the Secretary of State U.K.

4.—(1) This paragraph applies in relation to any person who—

(a) is employed by the Agency immediately before the transfer date; and

(b) has been notified in writing by the Agency prior to the transfer date that they are to be transferred to the employment of the Secretary of State.

(2) Any person to whom paragraph (1) applies is, on the transfer date, transferred to the employment of the Secretary of State.

(3) The contract of employment of a person whose employment transfers to the Secretary of State under paragraph (2)—

(a) is not terminated by that transfer; and

(b) has effect on and after the transfer date as if originally made between that person and the Secretary of State.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the Agency under or in connection with the contract of employment of any person whose employment transfers to the Secretary of State under paragraph (2), are transferred to the Secretary of State; and

(b) any act or omission before the transfer date by, or in relation to, the Agency, in respect of that person or that person's contract of employment, is deemed to have been an act or omission of, or in relation to, the Secretary of State.

(5) Paragraphs (2) to (4) do not operate to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under or in connection with that contract, if, before the transfer date, the person informs the Agency that they object to becoming employed by the Secretary of State.

(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person's contract of employment as described in paragraph (5), the transfer operates so as to terminate that person's contract of employment with the Agency.

(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the Agency.

(8) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed.

(9) No damages are payable by the employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.

(10) Paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person's contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.

Transfer of property and liabilities U.K.

5.—(1) Any property M4 held by the Agency immediately before the transfer date is on the transfer date transferred to the Secretary of State.

(2) Any criminal liabilities of the Agency are on the transfer date transferred to the National Health Service Litigation Authority M5 .

(3) All other liabilities of the Agency are on the transfer date transferred to the Secretary of State.

Marginal Citations

M4 “Property” includes rights; see section 275(1) of the National Health Service Act 2006.

M5 The National Health Service Litigation Authority is a Special Health Authority established by S.I. 1995/2800, to which there are amendments not relevant to this Order.

Continuity and supplementary provision U.K.

6.—(1) Any right relating to property held by the Agency immediately before the transfer date that was enforceable by or against the Agency before the transfer date is, on and after that date, enforceable by or against the Secretary of State.

(2) Any act or omission by, or in relation to, the Agency before the transfer date in respect of—

(a) the exercise of any of the functions of the Agency;

(b) under or in connection with any contract or agreement entered into by the Agency; or

(c) in connection with any of the property or liabilities of the Agency transferred by this Order,

is deemed to have been an act or omission of, or in relation to, the Secretary of State.

(3) Subject to article 7, anything (which may include legal proceedings) which, when this Order comes into force, is in the process of being done by, or in relation to, the Agency in respect of, or in connection with—

(a) the exercise by the Agency of any of its functions; or

(b) any property or liabilities of the Agency transferred by this Order,

is deemed to have effect as if done by, or in relation to, and may be continued by, or in relation to, the Secretary of State.

(4) Any reference to the Agency in any agreement (whether written or not), instrument or other document in connection with any of the functions of the Agency or any property or liabilities transferred by this Order is to be treated as a reference to the Secretary of State.

(5) No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property or liabilities under or by virtue of this Order.

(6) The transfer of any property, rights and liabilities by this Order is to be made—

(a) irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and

(b) whether or not they would otherwise be capable of being transferred.

Complaints U.K.

7.—(1) A complaint made under the Health Service Commissioners Act 1993 M6 to the Health Service Commissioner for England in relation to the Agency may be investigated by the Commissioner notwithstanding the abolition of the Agency, and the Commissioner must send a copy of the report of the result of any such investigation to the Secretary of State.

(2) The Secretary of State shall, in accordance with the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 M7 , handle any complaint made under those Regulations in relation to the Agency, as if the Secretary of State was a Special Health Authority and the complaint had been made to that Authority.

(3) This article applies to complaints made before, on or after the transfer date.

Marginal Citations

M6 1993 c. 46.

M7 S.I. 2009/309. The relevant amending instrument is S.I. 2009/1768.

Winding up of affairs of the Agency U.K.

8.  The Secretary of State must take such action as may be necessary for the winding up of the affairs of the Agency, including the preparation of the outstanding accounts of the Agency and the performance of all statutory duties relating to those accounts.

Amendments and revocations consequential on the abolition of the Agency U.K.

9.  The amendments and revocations in Schedule 1 have effect.

PART 3 U.K. The Health and Social Care Act 2012: consequential, transitional and saving provisions

Primary medical and dental services U.K.

10.—(1) In this article, “ relevant Order” means—

(a) the General Medical Services Transitional and Consequential Provisions Order 2004 M8 ,

(b) the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 M9 ,

(c) the General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004 M10 ,

(d) the General Dental Services and Personal Dental Services Transitional Provisions Order 2005 M11 , or

(e) the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 M12 .

(2) The abolition of Primary Care Trusts by section 34 of the Health and Social Care Act 2012 does not affect the continuing operation of any provision of a relevant Order which but for that abolition would be capable of having effect after 31st March 2013.

(3) Any provision of a relevant Order—

(a) which has continuing effect after 31st March 2013, and

(b) which refers to a Primary Care Trust,

is to be treated, so far as that provision falls to be applied to any act or omission occurring after that date, as if it referred to the National Health Service Commissioning Board.

(4) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as an act or omission by or in relation to the National Health Service Commissioning Board.

(5) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, the National Health Service Commissioning Board.

Marginal Citations

M8 S.I. 2004/433, to which there is an amendment not relevant to this Order.

M9 S.I. 2004/865, to which there are amendments not relevant to this Order.

M10 S.I. 2004/1772.

M11 S.I. 2005/3435, to which there is an amendment not relevant to this Order.

M12 S.I. 2006/562, to which there are amendments not relevant to this Order.

Consequential amendments and revocations U.K.

11.  Schedule 2 (which contains amendments and revocations which are consequential on the Health and Social Care Act 2012) has effect.

Transitional and saving provisions U.K.

12.  Schedule 3 (transitional and saving provisions) has effect.

Signed by authority of the Secretary of State for Health.

Anna Soubry

Parliamentary Under-Secretary of State,

Department of Health

SCHEDULES

Article 9

SCHEDULE 1 U.K. The National Treatment Agency: amendments and revocations

Instruments amended U.K.

The National Health Service Trusts (Membership and Procedure) Regulations 1990 U.K.

1.  In the National Health Service Trusts (Membership and Procedure) Regulations 1990 M13 , in regulation 11 (disqualification of appointment for chairman and non-executive directors), omit paragraph (5A).

Marginal Citations

M13 S.I. 1990/2024. The relevant amending instrument is S.I. 2001/4031.

The Health Service Commissioner for England (Special Health Authorities) Order 2005 U.K.

2.  In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation) M14 , omit the entry for the National Treatment Agency.

Marginal Citations

M14 S.I. 2005/251, to which there are amendments not relevant to this Order.

Instruments revoked U.K.

The National Treatment Agency (Establishment and Constitution) Order 2001 U.K.

3.  The National Treatment Agency (Establishment and Constitution) Order 2001 M15 is revoked.

Marginal Citations

M15 S.I 2001/713.

The National Treatment Agency Regulations 2001 U.K.

4.  The National Treatment Agency Regulations 2001 M16 are revoked.

Marginal Citations

M16 S.I 2001/715.

The National Treatment Agency (Amendment) Regulations 2001 U.K.

5.  The National Treatment Agency (Amendment) Regulations 2001 M17 are revoked

Marginal Citations

M17 S.I 2001/4044.

The National Treatment Agency (Establishment and Constitution) Amendment Order 2003 U.K.

6.  The National Treatment Agency (Establishment and Constitution) Amendment Order 2003 M18 is revoked.

Marginal Citations

M18 S.I 2003/1827.

Article 11

SCHEDULE 2 U.K. Consequential amendments and revocations

PART 1 U.K. Instruments amended

The Public Trustee Rules 1912 U.K.

1.  In rule 30(1)(e)(i) of the Public Trustee Rules 1912 M19 (corporate bodies as custodian trustees), omit “Strategic Health Authority,”.

Marginal Citations

M19 S.I. 1912/348. Relevant amending instruments are S.I. 1975/1189, S.I. 1984/109 and S.I. 2002/2469.

The Health and Personal Social Services (Northern Ireland) Order 1972 U.K.

2.  In article 15C(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 M20 (persons with whom agreements may be made), in the definition of “HSS employee”, in paragraph (b), omit “a Primary Care Trust in England,”.

Marginal Citations

M20 S.I. 1972/1265. Relevant amending instruments are S.I. 1977/1177 and S.I. 2004/311

The National Health Service (Venereal Diseases) Regulations 1974 U.K.

3.—(1) In regulation 2 of the National Health Service (Venereal Diseases) Regulations 1974 M21 (confidentiality of information)—

(a) for “Strategic Health Authority, NHS Trust,” substitute “ NHS Trust or ”,

(b) omit “and Primary Care Trust”, and

(c) omit “Authority or”.

(2) This paragraph applies in relation to England only.

Marginal Citations

M21 S.I. 1974/29. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974 U.K.

4.—(1) The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974 M22 are amended as follows.

(2) In regulation 2, for “the said section 11(2)” substitute “ section 80(5) of the National Health Service Act 2006 or section 38(5) of the National Health Service (Wales) Act 2006 ”.

(3) In regulation 3, omit “or Primary Care Trust”.

Marginal Citations

M22 S.I. 1974/191, as amended by S.I. 2002/2469.

The National Health Service (Speech Therapists) Regulations 1974 U.K.

5.  In regulation 4 of the National Health Service (Speech Therapists) Regulations 1974 M23 (authorities to which regulation 3 applies), omit paragraph (b).

Marginal Citations

M23 S.I. 1974/495. The relevant amending instrument is S.I. 2002/2469.

The Social Security (Medical Evidence) Regulations 1976 U.K.

6.—(1) The Social Security (Medical Evidence) Regulations 1976 M24 are amended as follows.

(2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

(3) In Part 2 of Schedule 2 (form of certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ”.

Marginal Citations

M24 S.I. 1976/615. Relevant amending instruments are S.I. 1991/2284, S.I. 2002/2469, S.I. 2004/865 and S.I. 2004/1016.

The Health and Safety at Work (Northern Ireland) Order 1978 U.K.

7.—(1) The Health and Safety at Work (Northern Ireland) Order 1978 M25 is amended as follows.

(2) In article 18(2)(a) (approval of codes of practice by the Executive), omit “and the Health Protection Agency”.

(3) In article 46(3)(a) (regulations under the relevant statutory provisions), omit “and the Health Protection Agency”.

Marginal Citations

M25 S.I. 1978/1039. The relevant amending provision is paragraph 10 of Schedule 3 to the Health Protection Agency Act 2004 (2004 c. 17).

The National Health Service (Transfer of Officers) (No. 2) Regulations 1986 U.K.

8.  In regulation 1(2) of the National Health Service (Transfer of Officers) (No. 2) Regulations 1986 M26 (interpretation), in the definition of “Authority”, omit “Strategic Health Authority or”.

Marginal Citations

M26 S.I. 1986/524. The relevant amending instrument is S.I. 2002/2469.

The Statutory Maternity Pay (Medical Evidence) Regulations 1987 U.K.

9.—(1) The Statutory Maternity Pay (Medical Evidence) Regulations 1987 M27 are amended as follows.

(2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

(3) In Part 2 of the Schedule (form of maternity certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ”.

Marginal Citations

M27 S.I. 1987/235. Relevant amending instruments are S.I. 1991/2284, S.I. 2002/2469, S.I. 2004/865 and S.I. 2004/1016.

The Income Support (General) Regulations 1987 U.K.

10.—(1) The Income Support (General) Regulations 1987 M28 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 27—

(a) after sub-paragraph (d) insert—

“(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or”, and

(b) omit sub-paragraph (e) (together with the “or” following it).

Marginal Citations

M28 S.I. 1987/1967. Relevant amending instruments are S.I. 1998/563, S.I. 2001/859, S.I. 2008/3157 and S.I. 2009/2655.

The Social Security (Claims and Payments) Regulations 1987 U.K.

11.  In regulation 43(7) of the Social Security (Claims and Payments) Regulations 1987 M29 (children), omit paragraph (a) of the definition of “health authority”.

Marginal Citations

M29 S.I. 1987/1968. Relevant amending instruments are S.I. 2002/2469 and S.I. 2003/492

The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988 U.K.

12.—(1) The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988 M30 , so far as it applies in relation to England, is revoked.

(2) In article 2 of that Order (functions conferred on PCTs etc), so far as it applies in relation to Wales—

(a) omit “, Primary Care Trust”, and

(b) omit “or Trust's”.

Marginal Citations

M30 S.I. 1988/865. The relevant amending instrument is S.I. 2002/2469.

The National Health Service Trusts (Membership and Procedure) Regulations 1990 U.K.

13.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990 M31 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (a) insert—

“(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;”.

(3) In regulation 11 (disqualification for appointment of chairman and non-executive directors)—

(a) in paragraph (5), omit sub-paragraphs (e) and (g), and

(b) omit paragraph (7).

Marginal Citations

M31 S.I. 1990/2024. Relevant amendment instruments are S.I. 1997/2990, S.I. 2000/2434, S.I. 2005/497, S.I. 2005/1446 and S.I. 2012/1641.

The National Health Service (Remuneration and Conditions of Service) Regulations 1991 U.K.

14.  In regulation 1(2) of the National Health Service (Remuneration and Conditions of Service) Regulations 1991 M32 (interpretation), in the definition of “authority”, omit “Strategic Health Authority,”.

Marginal Citations

M32 S.I. 1991/481. Relevant amending instruments are S.I. 1998/564 and S.I. 2002/2469.

The Statutory Sick Pay (National Health Service Employees) Regulations 1991 U.K.

15.—(1) The Statutory Sick Pay (National Health Service Employees) Regulations 1991 M33 are amended as follows.

(2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

(3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

(4) In regulation 5 (treatment of two or more employers as one)—

(a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

(b) omit paragraph (b) and the “or” immediately preceding it.

Marginal Citations

M33 S.I. 1991/589. Relevant amending instruments are S.I. 2000/694 and S.I. 2002/2469.

The Statutory Maternity Pay (National Health Service Employees) Regulations 1991 U.K.

16.—(1) The Statutory Maternity Pay (National Health Service Employees) Regulations 1991 M34 are amended as follows.

(2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

(3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

(4) In regulation 5 (treatment of two or more employers as one)—

(a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

(b) omit paragraph (b) and the “or” immediately preceding it.

Marginal Citations

M34 S.I. 1991/590. Relevant amending instruments are S.I. 2000/694 and S.I. 2002/2469.

The Children (Secure Accommodation) Regulations 1991 U.K.

17.—(1) Regulation 7 of the Children (Secure Accommodation) Regulations 1991 M35 (children to whom section 25 of the Children Act 1989 shall apply and have effect subject to modifications) is amended as follows.

(2) In paragraph (1)(a)—

(a) omit “Primary Care Trusts,”, and

(b) after “education functions” insert “ or who are accommodated pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”.

(3) In paragraph (2)—

(a) in sub-paragraph (a)—

(i) omit “a Primary Care Trust,”, and

(ii) after “education functions” insert “ or who is being provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”, and

(b) in sub-paragraph (b)—

(i) omit “Primary Care Trusts,”, and

(ii) for “or local authorities” substitute “ , local authorities, the Secretary of State, the National Health Service Commissioning Board or clinical commissioning groups ”.

Marginal Citations

M35 S.I. 1991/1505. Relevant amending instruments are S.I. 2000/694 and S.I. 2010/1172.

The Children (Secure Accommodation) (No. 2) Regulations 1991 U.K.

18.  In regulation 2(1) of the Children (Secure Accommodation) (No. 2) Regulations 1991 M36 (applications to court – special cases)—

(a) omit “a Primary Care Trust,”,

(b) after “education functions” insert “ or provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”,

(c) omit “Primary Care Trust,” in the second place where it occurs, and

(d) after “for the child” insert “ or by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) who has made arrangements for the provision of accommodation for the child ”.

Marginal Citations

M36 S.I. 1991/2034. Relevant amending instruments are S.I. 2000/694, S.I. 2002/546 and S.I. 2010/1172.

The Health and Social Services Councils Regulations (Northern Ireland) 1991 U.K.

19.  In regulation 1(2) of the Health and Social Services Councils Regulations (Northern Ireland) 1991 M37 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

“(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;”.

Marginal Citations

M37 S.R. 1991/70, to which there are amendments not relevant to this Order.

The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 U.K.

20.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M38 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “claimant” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In paragraph 30 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after “voluntary organisation” insert “ or the National Health Service Commissioning Board ”.

Marginal Citations

M38 S.I. 1992/1815. The relevant amending instrument is S.I. 2002/2469.

The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 U.K.

21.  In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 M39 (prescription for the purposes of jurisdiction)—

(a) after sub-paragraph (aa) insert—

“(ab) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ac) the National Health Service Commissioning Board;

(ad) the National Institute for Health and Care Excellence;

(ae) the Health and Social Care Information Centre;”,

(b) omit sub-paragraph (b), and

(c) omit sub-paragraph (da).

Marginal Citations

M39 S.I. 1992/2645. Relevant amending instruments are S.I. 2001/161, S.I. 2002/2469 and S.I. 2004/696.

The Residential Accommodation (Determination of District Health Authority) Regulations 1992 U.K.

22.—(1) Regulation 2 of the Residential Accommodation (Determination of District Health Authority) Regulations 1992 M40 is amended as follows.

(2) In paragraph (1), for “or Primary Care Trust”, in each place where it occurs, substitute “ or clinical commissioning group ”.

(3) In paragraph (2)—

(a) for “or Primary Care Trust” substitute “ or clinical commissioning group ”, and

(b) for “or Primary Care Trust's”, in each place where it occurs, substitute “or clinical commissioning group's”.

Marginal Citations

M40 S.I. 1992/3182. Relevant amending instruments are S.I. 1993/582 and S.I. 2002/2469.

The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 U.K.

23.  In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 M41 (prescription for the purposes of jurisdiction)—

(a) after sub-paragraph (e) insert—

“(ea) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(eb) the National Health Service Commissioning Board;

(ec) the National Institute for Health and Care Excellence;

(ed) the Health and Social Care Information Centre;”, and

(b) omit sub-paragraph (f).

Marginal Citations

M41 S.R. 1992/466. The relevant amending instrument is S.R. 2001/16.

The Redundancy Payments (National Health Service) (Modification) Order 1993 U.K.

24.  After paragraph 2A of Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 1993 M42 (employment to which Order applies) insert—

“2B.   a clinical commissioning group established under section 14D of the National Health Service Act 2006.

2C.   the National Health Service Commissioning Board.

2D.   the National Institute for Health and Care Excellence.

2E.   the Health and Social Care Information Centre.”

Marginal Citations

M42 S.I. 1993/3167. The relevant amending instrument is S.I. 2000/694.

The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994 U.K.

25.  In regulation 1(2) of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994 M43 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

“(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;”.

Marginal Citations

M43 S.R. 1994/63, to which there are amendments not relevant to this Order.

The National Health Service Litigation Authority Regulations 1995 U.K.

26.—(1) The National Health Service Litigation Authority Regulations 1995 M44 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after “means” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

(3) In regulation 7(1) (disqualification for appointment)—

(a) in sub-paragraph (e), omit “a Primary Care Trust,”, and

(b) after sub-paragraph (e) insert—

“(ea) he is the chair, chief executive or a member of the National Institute for Health and Care Excellence or the Health and Social Care Information Centre;”.

(4) This paragraph applies in relation to England only.

Marginal Citations

M44 S.I. 1995/2801. Relevant amending instruments are S.I. 2000/696, S.I. 2000/2433 and S.I. 2012/1641.

The Jobseeker's Allowance Regulations 1996 U.K.

27.—(1) The Jobseeker's Allowance Regulations 1996 M45 are amended as follows.

(2) In regulation 1(3) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In paragraph 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) after sub-paragraph (d) insert—

“(da) a clinical commissioning group established under section 14D of National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or”, and

(b) omit sub-paragraph (e) (together with the “or” following it).

Marginal Citations

M45 S.I. 1996/207. Relevant amending instruments are S.I. 1998/563, S.I. 2001/859 and S.I. 2008/3157.

The National Health Service (Existing Liabilities Scheme) Regulations 1996 U.K.

28.—(1) In regulation 3(a) of the National Health Service (Existing Liabilities Scheme) Regulations 1996 M46 (eligible bodies), omit sub-paragraphs (zi), (iia) and (iv).

(2) The omission of regulation 3(a)(iv) of those Regulations by sub-paragraph (1) applies in relation to England only.

Marginal Citations

M46 S.I. 1996/686. Relevant amending instruments are S.I. 2002/2469 and S.I. 2005/604.

The National Health Service (Appointment of Consultants) Regulations 1996 U.K.

29.—(1) The National Health Service (Appointment of Consultants) Regulations 1996 M47 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “Authority”, omit “a Strategic Health Authority, a Primary Care Trust,”.

(3) In regulation 5(1)(g) (exempt appointments)—

(a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ”, and

(b) for “or Agency” substitute “ , Agency or agency ”.

(4) In paragraph 2(b) of Schedule 1 (constitution of an advisory appointments committee), omit paragraphs (i) and (ia).

(5) Sub-paragraph (3) applies in relation to England only.

Marginal Citations

M47 S.I. 1996/701. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/3365.

The Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 U.K.

30.  In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 M48 (definition of health service employers), after paragraph (viia) insert—

“(viib) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(viic) the National Health Service Commissioning Board;

(viid) the National Institute for Health and Care Excellence;

(viie) the Health and Social Care Information Centre;”.

Marginal Citations

M48 S.I. 1996/1023. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

The National Health Service (Appointment of Consultants) (Wales) Regulations 1996 U.K.

31.  In regulation 5(1)(g) of the National Health Service (Appointment of Consultants) (Wales) Regulations 1996 M49 (exempt appointments)—

(a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ”, and

(b) for “or Agency” substitute “ , Agency or agency ”.

Marginal Citations

M49 S.I. 1996/1313. The relevant amending instrument is S.I. 2005/3039.

The Social Security Benefit (Computation of Earnings) Regulations 1996 U.K.

32.—(1) The Social Security Benefit (Computation of Earnings) Regulations 1996 M50 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “claimant” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In paragraph 7 of Schedule 1 (sums to be disregarded in the calculation of earnings), for “or Primary Care Trust, local authority or voluntary organisation” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation ”.

Marginal Citations

M50 S.I. 1996/2745. The relevant amending instrument is S.I. 2002/2469.

The Housing Renewal Grants Regulations 1996 U.K.

33.—(1) The Housing Renewal Grants Regulations 1996 M51 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “child tax credit” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 26 (earnings of self-employed earners), in paragraph (b) of the definition of “earnings”, for “or Primary Care Trust, local authority or voluntary organisation” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation ”.

(4) In paragraph 24 of Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

(a) after sub-paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;”, and

(b) omit sub-paragraph (e) and the “or” immediately preceding it.

Marginal Citations

M51 S.I. 1996/2890. Relevant amending instruments are S.I. 1999/1523, S.I.2002/530, S.I. 2002/2469, S.I. 2002/2798, S.I. 2003/2504 and S.I. 2004/253.

The Education (Publication of Local Education Authority Inspection Reports) Regulations 1998 U.K.

34.  In regulation 4(1)(j) of the Education (Publication of Local Education Authority Inspection Reports) Regulations 1998 M52 , omit “or Primary Care Trust (within the meaning of section 16A of that Act),”.

Marginal Citations

M52 S.I. 1998/880. The relevant amending instrument is S.I. 2002/2469.

The Prison Rules 1999 U.K.

35.  In rule 2(1) of the Prison Rules 1999 M53 (interpretation), in the definition of “health care provider”, for “section 28(6)” substitute “ section 275(1) ”.

Marginal Citations

M53 S.I. 1999/728. The relevant amending instrument is S.I. 2009/3082.

The Control of Major Accident Hazards Regulations 1999 U.K.

36.—(1) The Control of Major Accident Hazards Regulations 1999 M54 are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (a) of the definition of “health authority”, for “a Primary Care Trust established under section 16A of the National Health Service Act 1977” substitute “ a clinical commissioning group established under section 14D of the National Health Service Act 2006 ”.

(3) In regulation 9(3) (on-site emergency plan), after sub-paragraph (b) insert—

“(ba) if the establishment is situated in England, the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health;”.

(4) After regulation 10(6) (off-site emergency plan) insert—

“(6A) If the establishment is situated in England, the local authority shall also consult the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health, on the preparation of the emergency off-site plan.”

Marginal Citations

M54 S.I. 1999/743. The relevant amending instrument is S.I. 2002/2469.

The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 U.K.

37.  In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 M55 (eligible bodies)—

(a) after paragraph (ab) insert—

“(ac) the National Institute for Health and Care Excellence,

(ad) the Health and Social Care Information Centre,”,

(b) omit paragraph (b) (together with the “or” following it),

(c) omit paragraph (d) (together with the “or” following it), and

(d) omit paragraph (e).

Marginal Citations

M55 S.I. 1999/873. Relevant amending instruments are S.I. 2000/2385, S.I. 2002/2469, S.I. 2005/604 and S.I. 2012/1641.

The National Health Service (Property Expenses Scheme) Regulations 1999 U.K.

38.  In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 1999 M56 (eligible bodies)—

(a) after paragraph (ab) insert—

“(ac) the National Institute for Health and Care Excellence,

(ad) the Health and Social Care Information Centre,”,

(b) omit paragraph (b) (together with the “or” following it),

(c) omit paragraph (d) (together with the “or” following it), and

(d) omit paragraph (e).

Marginal Citations

M56 S.I. 1999/874. Relevant amending instruments are S.I. 2000/2342, S.I. 2002/2469, S.I. 2005/604 and S.I. 2012/1641

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 U.K.

39.  In the Schedule to the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 M57 , in the table, omit the entries relating to the Alcohol Education and Research Council in columns 1 and 2.

Marginal Citations

M57 S.I. 1999/1319, to which there are amendments not relevant to this Order.

The Education (Special Educational Needs) (Information) (England) Regulations 1999 U.K.

40.—(1) The Education (Special Educational Needs) (Information) (England) Regulations 1999 M58 are amended as follows.

(2) In regulation 2 (interpretation) —

(a) after the definition of “the 1998 Act” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 4(1)(a)(ii) (manner of publication of information)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after “situated” insert “ and to the National Health Service Commissioning Board ”.

Marginal Citations

M58 S.I. 1999/2506. The relevant amending instrument is S.I. 2002/2469.

The Data Protection (Subject Access Modification) (Social Work) Order 2000 U.K.

41.  In paragraph 1(l) of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000 M59 (personal data to which Order applies)—

(a) omit paragraph (zi),

(b) after paragraph (iiza) insert—

“(iizb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,

(iizc) the National Health Service Commissioning Board, or”, and

(c) omit paragraph (iia) (together with the “or” following it).

Marginal Citations

M59 S.I. 2000/415. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 U.K.

42.—(1) The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 M60 are amended as follows.

(2) In regulation 5 (functions of NHS bodies), for the “and” following paragraph (bb) substitute—

“(bc) the function of arranging the provision of Healthy Start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Foods (Amendment) Regulations 2005; and”.

(3) In regulation 6 (health-related functions of local authorities), after paragraph (a) insert—

“(aa) the function of providing Healthy Start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Foods (Amendment) Regulations 2005;”.

(4) This paragraph applies in relation to England only.

Marginal Citations

M60 S.I. 2000/617. Relevant amending instruments are S.I. 2010/1000 and S.I. 2012/3094.

The Water Supply (Water Quality) Regulations 2000 U.K.

F1 43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 43 revoked (27.6.2016) by The Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614), reg. 1(1), Sch. 7 (with reg. 1(2)(3))

The Young Offender Institution Rules 2000 U.K.

44.  In rule 2(1) of the Young Offender Institution Rules 2000 M61 (interpretation), in the definition of “health care provider”, for “section 28(6)” substitute “ section 275(1) ”.

Marginal Citations

M61 S.I. 2000/3371. The relevant amending instrument is S.I. 2009/3082.

The Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 U.K.

45.  In Schedule 3 to the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 M62 (health sector bodies), in paragraph 1—

(a) omit sub-paragraph (za),

(b) after paragraph (bb) insert—

“(bc) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(bd) the National Health Service Commissioning Board;”, and

(c) omit paragraph (c).

Marginal Citations

M62 S.I. 2001/1403. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001 U.K.

46.—(1) The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001 M63 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after “In these Regulations—” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 3 (manner of publication of information)—

(a) in paragraph (1)(a), for “to any Primary Care Trust” substitute “ to the National Health Service Commissioning Board and to any clinical commissioning group ”, and

(b) in paragraph (4)(a), for “to a Primary Care Trust” substitute “ to the National Health Service Commissioning Board and to a clinical commissioning group ”.

Marginal Citations

M63 S.I. 2001/2218. Relevant amending instruments are S.I. 2002/2469 and S.I. 2010/1172.

The Radiation (Emergency Preparedness and Public Information) Regulations 2001 U.K.

47.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 M64 are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (a) of the definition of “health authority”, for “a Primary Care Trust established under section 16A of the National Health Service Act 1977” substitute “ a clinical commissioning group established under section 14D of the National Health Service Act 2006 ”.

(3) In regulation 7(6) (operator's emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

“(aa) if the premises of the operator are situated in England, the National Health Service Commissioning Board;

(ab) if the premises of the operator are situated in England or Wales, Public Health England, an executive agency of the Department of Health; and”.

(4) In regulation 8(7) (carrier's emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

“(aa) the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health; and”.

(5) In regulation 9(12) (off-site emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

“(aa) if the premises of the operator are situated in England, the National Health Service Commissioning Board;

(ab) if the premises of the operator are situated in England or Wales, Public Health England, an executive agency of the Department of Health; and”.

(6) In regulation 13(3)(a) (implementation of emergency plans)—

(a) in paragraph (i), after “the health authority,” insert “ the National Health Service Commissioning Board (if the premises of the operator are situated in England), Public Health England, an executive agency of the Department of Health, (if the premises of the operator are situated in England or Wales), ”, and

(b) in paragraph (ii), for “the Agency” substitute “ the Agency, the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health, ”.

Marginal Citations

M64 S.I. 2001/2975. The relevant amending instrument is S.I. 2002/2469.

The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 U.K.

48.—(1) The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 M65 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of “Careers Service” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(ii) omit the definition of “Primary Care Trust”, and

(b) in paragraph (3), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”.

(3) In regulation 6(2)(b) (notices relating to assessment), for “Primary Care Trust” substitute “ clinical commissioning group and the National Health Service Commissioning Board ”.

(4) In regulation 7(1)(c) (advice to be sought), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both) ”.

(5) In regulation 9 (medical advice), for “Primary Care Trust, who” substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both), which ”.

(6) In regulation 12 (time limits and prescribed information)—

(a) in paragraph (7)(e), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both) ”,

(b) in paragraph (8), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,

(c) in paragraph (9), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and

(d) in paragraph (10), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Commissioning Board ”.

(7) In regulation 18 (reviews of statements)—

(a) in paragraph (6), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”, and

(b) after that paragraph insert—

“(7) A copy of any notice served on the clinical commissioning group under paragraph (6) shall be served on the National Health Service Commissioning Board not less than two weeks before the first day of every school term.”

(8) In Part 6 of Schedule 2 (statement of special educational needs), for “Primary Care Trust” substitute “ clinical commissioning group, the National Health Service Commissioning Board ”.

(9) This paragraph applies in relation to England only.

Marginal Citations

M65 S.I. 2001/3455. Relevant amending instruments are S.I. 2002/2469 and S.I. 2010/1172.

The Children's Homes Regulations 2001 U.K.

49.—(1) The Children's Homes Regulations 2001 M66 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “children's guide” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In Schedule 5 (events and notifications), in the table—

(a) in the column relating to a local authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

(b) in the column relating to Primary Care Trusts, for “Primary Care Trusts” substitute “ Clinical commissioning groups and the National Health Service Commissioning Board ”.

(4) This paragraph applies in relation to England only.

Marginal Citations

M66 S.I. 2001/3967. Relevant amending instruments are S.I. 2002/2469 and S.I. 2011/583.

The Misuse of Drugs Regulations 2001 U.K.

50.—(1) The Misuse of Drugs Regulations 2001 M67 are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “Primary Care Trust”.

(3) In regulation 15 (form of prescriptions)—

(a) in paragraph (1)(aa), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

(b) in paragraph (1A), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”, and

(c) in paragraph (1B), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

(4) In regulation 16(1D)(a) (provisions as to supply on prescription), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

Marginal Citations

M67 S.I. 2001/3998. The relevant amending instrument is S.I. 2006/1450.

The Nursing and Midwifery Order 2001 U.K.

51.—(1) The Nursing and Midwifery Order 2001 M68 is amended as follows.

(2) In Schedule 1 (the Nursing and Midwifery Council and Committees), in paragraph 1A (membership: general), omit sub-paragraphs (4) and (5).

(3) In Schedule 4 (interpretation), in paragraph (a) of the definition of “local supervising authority”, for “Strategic Health Authorities established under section 8 of the National Health Service Act 1977” substitute “ the National Health Service Commissioning Board ”.

Marginal Citations

M68 S.I. 2002/253. Relevant amending instruments are S.I. 2002/2469 and S.I. 2008/1485.

The Health and Social Work Professions Order 2001 U.K.

52.  In Schedule 1 to the Health and Social Work Professions Order 2001 M69 (the Health Professions Council and Committees), in paragraph 1A (membership: general), omit sub-paragraph (4).

Marginal Citations

M69 S.I. 2002/254. Relevant amending provisions are S.I. 2009/1182 and section 213(5) of the Health and Social Care Act 2012 (c. 7). The title of the Order was amended by section 213(6) of that Act.

The Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001 U.K.

53.  In regulation 1(2) of the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001 M70 (interpretation), in the definition of “health service body”—

(a) in paragraph (a), after “a health authority,” insert “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

(b) after paragraph (d) insert—

“(da) the National Institute for Health and Care Excellence;

(db) the Health and Social Care Information Centre;”.

Marginal Citations

M70 S.R. 2001/313, to which there are amendments not relevant to this Order.

The State Pension Credit Regulations 2002 U.K.

54.—(1) The State Pension Credit Regulations 2002 M71 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In regulation 17B (earnings of self-employed earners), in paragraph (4)(b), in the added paragraph (2)(d)—

(a) after paragraph (iv) insert—

“(iva) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ivb) the National Health Service Commissioning Board; or”,

(b) omit paragraph (v) (together with the “or” following it).

Marginal Citations

M71 S.I. 2002/1792. Relevant amending instruments are S.I. 2002/3019, S.I. 2008/3157 and S.I. 2009/2655.

The Tax Credits (Definition and Calculation of Income) Regulations 2002 U.K.

55.  In regulation 19(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 M72 (general disregards in the calculation of income), in column 1 of item 3 of Table 8—

(a) after paragraph (d) insert—

“(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(db) the National Health Service Commissioning Board.”, and

(b) omit paragraph (e).

Marginal Citations

M72 S.I. 2002/2006, to which there are amendments not relevant to this Order.

The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 U.K.

56.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 M73 are amended as follows.

(2) In regulation 1(2) (interpretation etc), omit the definition of “Primary Care Trust”.

(3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

(4) In regulation 5 (treatment of two or more employers as one)—

(a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

(b) omit paragraph (b) and the “or” immediately preceding it.

Marginal Citations

M73 S.I. 2002/2819, to which there is an amendment not relevant to this Order.

The Residential Family Centres Regulations 2002 U.K.

57.  In Schedule 5 to the Residential Family Centres Regulations 2002 M74 (events and notifications), in the table—

(a) in the column relating to a local authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

(b) in the column relating to a Primary Care Trust—

(i) for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”, and

(ii) in the row relating to the outbreak of any infectious disease, omit “yes”.

Marginal Citations

M74 S.I. 2002/3213, to which there are amendments not relevant to this Order.

The Misuse of Drugs Regulations (Northern Ireland) 2002 U.K.

58.—(1) The Misuse of Drugs Regulations (Northern Ireland) 2002 M75 are amended as follows.

(2) In regulation 2(2) (interpretation), omit the definition of “Primary Care Trust”.

(3) In regulation 15 (form of prescriptions)—

(a) in paragraph (1)(aa), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”,

(b) in paragraph (1A), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”, and

(c) in paragraph (1B), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

(4) In regulation 16(1D)(a) (provisions as to supply on prescription), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

Marginal Citations

M75 S.R. 2002/1. The relevant amending instrument is S.R. 2006/264.

The Health, Social Care and Well-being Strategies (Wales) Regulations 2003 U.K.

59.—(1) In the English text of the Health, Social Care and Well-being Strategies (Wales) Regulations 2003 M76 , in regulation 2 (interpretation)—

(a) in the definition of “health and well-being services” (“gwasanaethau iechyd a llesiant”), after “provided by an NHS body;” insert “ any services provided under or in connection with the public health functions of a local authority (within the meaning of the National Health Service Act 2006: see sections 1H(5)(b) and 2B(5)); ”,

(b) in the definition of “local authority” (“awdurdod lleol”), after “lleol”)” insert “, except in the case of the first reference to a local authority in the definition of “health and well-being services” (“gwasanaethau iechyd a llesiant”),”, and

(c) in the definition of “NHS body” (“corff GIG”), omit “, Strategic Health Authority, Primary Care Trust”.

(2) In the Welsh text of the Health, Social Care and Well-being Strategies (Wales) Regulations 2003, in regulation 2 (dehongli) —

(a) in the definition of “gwasanaethau iechyd a llesiant” (“health and well-being services”), after “sy'n cael eu darparu gan gorff GIG;” insert “unrhyw wasanaethau sy'n cael eu darparu o dan neu mewn cysylltiad � swyddogaethau iechyd y cyhoedd awdurdod lleol (o fewn ystyr Deddf y Gwasanaeth Iechyd Gwladol 2006: gweler adrannau 1H(5)(b) a 2B(5));”,

(b) in the definition of “awdurdod lleol” (“local authority”), after “lleol”” insert “, ac eithrio yn achos y cyfeiriad cyntaf at awdurdod lleol yn y diffiniad o “gwasanaethau iechyd a llesiant” (“health and well-being services”),”, and

(c) in the definition of “corff GIG” (“NHS body”), omit “, Awdurdod Iechyd Strategol, Ymddiriedolaeth Iechyd Sylfaenol”.

Marginal Citations

M76 S.I. 2003/154 (W. 24), to which there are amendments not relevant to this Order.

The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 U.K.

60.—(1) The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 M77 are amended as follows.

(2) In regulation 19(3) (notifiable events)—

(a) after the definition of “area authority” insert—

““clinical commissioning group” means the clinical commissioning group in whose area the child is placed for adoption by the agency;”, and

(b) omit the definition of “Primary Care Trust” (but not the “and” following it).

(3) In regulation 24K (notifiable events), in the added paragraph (1B)—

(a) in sub-paragraph (b), for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after that sub-paragraph insert—

“(ba) the National Health Service Commissioning Board;”.

(4) In Schedule 4 (events and notifications), in column 2 of the table, for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”.

Marginal Citations

M77 S.I. 2003/367. The relevant amending instrument is S.I. 2005/3341.

The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 U.K.

61.—(1) The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 M78 are amended as follows.

(2) In regulation 4(7)(b) (publication of preliminary notice), for “any Strategic Health Authority who act” substitute “ the National Health Service Commissioning Board and any clinical commissioning group which acts ”.

(3) In regulation 16(2)(d) (other bodies to whom information should be sent: special schools), for “any Strategic Health Authority who act” substitute “ the National Health Service Commissioning Board and any clinical commissioning group which acts ”.

Marginal Citations

M78 S.I. 2003/507, to which there are amendments not relevant to this Order.

The Delayed Discharges (England) Regulations 2003 U.K.

62.—(1) The Delayed Discharges (England) Regulations 2003 M79 are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “health service body”, omit paragraph (a).

(3) Omit regulation 12 (lists of persons).

(4) Omit regulation 13 (inclusion on and removal of a person's name from a list).

(5) Omit regulation 14 (application for assistance with resolution of a dispute).

(6) Omit regulation 15 (appointment of a panel to assist with resolution of a dispute).

(7) Omit regulation 16 (procedure of the panel).

(8) Omit regulation 17 (legal proceedings).

Marginal Citations

M79 S.I. 2003/2277, to which there are amendments not relevant to this Order.

The Registration of Establishments (Laying Hens) (England) Regulations 2003 U.K.

63.  In regulation 4(1) of the Registration of Establishments (Laying Hens) (England) Regulations 2003 M80 (exchange of information), omit “and the Health Protection Agency”.

Marginal Citations

M80 S.I. 2003/3100, to which there are amendments not relevant to this Order.

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 U.K.

64.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 M81 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “chemist”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

(b) after the definition of “childhood vaccinations and immunisations” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(c) in the definition of “medical card”—

(i) omit “Primary Care Trust,”, and

(ii) after “Social Services Board” insert “ or the National Health Service Commissioning Board ”,

(d) after the definition of “the NHS dispute resolution procedure” insert—

““NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;”,

(e) omit the definition of “NPSA”, and

(f) omit the definition of “Primary Care Trust”.

(3) In regulation 4 (conditions: general)—

(a) in paragraph (2)(b)(ii), omit “Primary Care Trust,”, and

(b) in paragraph (3)(b)(ii), omit “a Primary Care Trust,”.

(4) In regulation 5 (general condition relating to all contracts), after paragraph (5) insert—

“(6) References in paragraph (2)(c) to a health service body include a Strategic Health Authority and a Primary Care Trust.”

(5) Schedule 6 (other contractual terms) is amended as follows.

(6) In paragraph 22(1)(b) (removal from lists if patients registered elsewhere), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”.

(7) In paragraph 67(1)(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”.

(8) In paragraph 95(2) (co-operation with investigations), in the definition of “NHS body”, for “a Strategic Health Authority, a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”.

(9) In paragraph 111 (other grounds for termination by the Local Health Board), after sub-paragraph (5) insert—

“(6) References in sub-paragraph (2)(d) to a health service body include a Strategic Health Authority and a Primary Care Trust.”

Marginal Citations

M81 S.I. 2004/478 (W. 48). The relevant amending instrument is S.I. 2006/358.

The National Health Service (Performers Lists) (Wales) Regulations 2004 U.K.

65.—(1) The National Health Service (Performers Lists) (Wales) Regulations 2004 M82 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “equivalent body”—

(i) for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

(ii) after “Health Authority in Wales,” insert “ in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England, ”,

(b) after the definition of “the NCAA” insert—

““NICE” means the National Institute for Health and Clinical Excellence established as a Special Health Authority by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999;

“the NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;”,

(c) in the definition of “primary care organisation”, for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”, and

(d) in the definition of “suspended”, for “by a Primary Care Trust” substitute “ by the National Health Service Commissioning Board or, after 30th September 2002 and prior to 1st April 2013, by a Primary Care Trust ”.

(3) In regulation 4(3)(d) (application for inclusion in performers list), for “NPSA” substitute “ NHSLA ”.

(4) In regulation 11(6)(e) (criteria for decision on removal), for “or thereafter by the NPSA” substitute “ , by the NPSA after 31st March 2005 and on or before 31st March 2012, by NICE after 31st March 2012 and on or before 31st March 2013, or by the NHSLA thereafter ”.

(5) In regulation 16(2)(g) (notification), for “NPSA” substitute “ NHSLA ”.

(6) In regulation 20(1)(f) (disclosure of information), for “NPSA” substitute “ NHSLA ”.

Marginal Citations

M82 S.I. 2004/1020 (W. 117). Relevant amending instruments are S.I. 2005/258 and S.I. 2006/358.

The Medicines for Human Use (Clinical Trials) Regulations 2004 U.K.

66.—(1) The Medicines for Human Use (Clinical Trials) Regulations 2004 M83 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “health service body”—

(a) in paragraph (a), omit “Strategic Health Authority,”, and

(b) in paragraph (b), omit “Primary Care Trust,”.

(3) In Schedule 2 (additional provisions relating to ethics committees), in paragraph 3 (membership), after sub-paragraph (5) insert—

“(6) References in sub-paragraph (5) to a health service body include—

(a) a Strategic Health Authority,

(b) a Primary Care Trust,

(c) the National Institute for Health and Care Excellence, and

(d) the Health and Social Care Information Centre.”

Marginal Citations

M83 S.I. 2004/1031. The relevant amending instrument is S.I. 2012/1641.

The Registration of Establishments (Laying Hens) (Wales) Regulations 2004 U.K.

67.—(1) In the English text of the Registration of Establishments (Laying Hens) (Wales) Regulations 2004 M84 , in regulation 5(1) (exchange of information), for “and the Health Protection Agency are” substitute “ is ”.

(2) In the Welsh text of the Registration of Establishments (Laying Hens) (Wales) Regulations 2004, in regulation 5(1) (cyfnewid gwybodaeth), omit “a'r Asiantaeth Diogelu Iechyd”.

Marginal Citations

M84 S.I. 2004/1432 (W. 145).

The Justification of Practices Involving Ionising Radiation Regulations 2004 U.K.

68.—(1) The Justification of Practices Involving Ionising Radiation Regulations 2004 M85 are amended as follows.

(2) In regulation 18(1)(a) (consultation), for paragraph (iii) (together with the “and” following it) substitute—

“(iii) Public Health England, an executive agency of the Department of Health; and ”.

(3) In regulation 22(3) (contravention notices), for sub-paragraph (d) substitute—

“(d) Public Health England, an executive agency of the Department of Health;”.

Marginal Citations

M85 S.I. 2004/1769. The relevant amending instrument is S.I. 2005/525.

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 U.K.

69.  In regulation 2 of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 M86 (interpretation), in the definition of “equivalent body”, after “in England,” insert “ the National Health Service Commissioning Board or, in relation to any time prior to 1st April 2013, ”.

Marginal Citations

M86 S.S.I. 2004/114, to which there are amendments not relevant to this Order.

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 U.K.

70.—(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 M87 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “childhood vaccinations and immunisations” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “medical card”—

(i) omit “Primary Care Trust,”, and

(ii) after “Health and Social Services Board” insert “ or by the National Health Service Commissioning Board ”, and

(c) omit the definition of “Primary Care Trust”.

(3) In Schedule 5 (other contractual terms)—

(a) in paragraph 22(1)(b) (removals from the list of patients registered elsewhere)—

(i) omit “Primary Care Trust,”, and

(ii) after “Health and Social Services Board” insert “ or the National Health Service Commissioning Board, ”, and

(b) in paragraph 87(2) (co-operation with investigations), in the definition of “NHS body”—

(i) for “a Primary Care Trust,” substitute “ a clinical commissioning group, ”, and

(ii) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

Marginal Citations

M87 S.S.I. 2004/115. Relevant amending instruments are S.S.I. 2010/394 and S.S.I. 2012/36.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 U.K.

71.—(1) The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 M88 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “childhood vaccinations and immunisations” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “medical card”—

(i) omit “Primary Care Trust,”, and

(ii) after “Health and Social Services Board” insert “ or by the National Health Service Commissioning Board ”, and

(c) omit the definition of “Primary Care Trust”.

(3) In paragraph 52(2) of Schedule 1 (co-operation with investigations), in the definition of “NHS body”—

(a) for “Primary Care Trust,” substitute “ clinical commissioning group, ”, and

(b) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

(4) In paragraph 15(1)(b) of Schedule 2 (removals from the list of patients registered elsewhere)—

(a) omit “Primary Care Trust,”, and

(b) after “Health and Social Services Board” insert “ or the National Health Service Commissioning Board ”.

Marginal Citations

M88 S.S.I 2004/116, to which there are amendments not relevant to this Order.

The Community Health Partnerships (Scotland) Regulations 2004 U.K.

72.  In regulation 7(2)(g) of the Community Health Partnerships (Scotland) Regulations 2004 M89 (disqualification), after paragraph (i) insert—

“(ia) Parts 4 to 6 of the 2006 Act by the National Health Service Commissioning Board in accordance with regulations made under section 91, 106 or 123 of that Act;”.

Marginal Citations

M89 S.S.I. 2004/386. The relevant amending instrument is S.S.I. 2010/422.

The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004 U.K.

73.—(1) The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004 M90 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (a) insert—

“(aa) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ab) the National Health Service Commissioning Board;

(ac) the National Institute for Health and Care Excellence;

(ad) the Health and Social Care Information Centre;”.

(3) In regulation 4(1) (disqualification for appointment)—

(a) in sub-paragraph (d)—

(i) after “health service body” insert “ (other than a clinical commissioning group) ”, and

(ii) after “health and social services body” insert “ , or as the chair or a member of the governing body of a clinical commissioning group, ”,

(b) in sub-paragraph (f), after “health service body” insert “ (other than a clinical commissioning group) ”, and

(c) after sub-paragraph (f) insert—

“(fa) a person who is the chair or a member of the governing body of a clinical commissioning group, or an employee of such a group;”.

Marginal Citations

M90 S.R. 2004/37, to which there are amendments not relevant to this Order.

The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004 U.K.

74.—(1) The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004 M91 is amended as follows.

(2) In article 1(2) (interpretation), in the definition of “a health service body”, after paragraph (a) insert—

“(aa) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ab) the National Health Service Commissioning Board;

(ac) the National Institute for Health and Care Excellence;

(ad) the Health and Social Care Information Centre;”.

(3) In article 5(1)(d) (disqualification for appointment)—

(a) after “health service body” insert “ (other than a clinical commissioning group) ”, and

(b) after “health and social services body” insert “ , or as the chair or a member of the governing body of a clinical commissioning group, ”.

Marginal Citations

M91 S.R. 2004/62, to which there are amendments not relevant to this Order.

The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 U.K.

75.—(1) The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 M92 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “childhood vaccinations and immunisations” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “medical card”, for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, a ”.

(c) omit the definition of “Primary Care Trust”, and

(d) omit the definition of “Strategic Health Authority”.

(3) In regulation 4 (conditions relating solely to medical practitioners)—

(a) in paragraph (2)(b)(ii), omit “a Primary Care Trust,”, and

(b) in paragraph (3)(b)(ii), omit “a Primary Care Trust,”.

(4) In Schedule 5 (other contractual terms)—

(a) in paragraph 22(1)(b) (removals from the list of patients registered elsewhere), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”, and

(b) in paragraph 89(2) (co-operation with investigations), in the definition of “NHS body”—

(i) for “a Primary Care Trust,” substitute “ a clinical commissioning group, ”, and

(ii) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

Marginal Citations

M92 S.R. 2004/140, to which there are amendments not relevant to this Order.

The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 U.K.

76.—(1) The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 M93 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “equivalent body”, for “a Primary Care Trust established under section 16A of the National Health Services Act 1977,” substitute “ the National Health Service Commissioning Board, ”, and

(b) for the definition of “NPSA” substitute—

““NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;”.

(3) In regulation 14 (disclosure of information)—

(a) in paragraph (2)(g), for “NPSA” substitute “ NHSLA ”, and

(b) in paragraph (8)(j), for “NPSA” substitute “ NHSLA ”.

(4) In Schedule 1 (information etc to be included in an application for inclusion in a primary medical services performers list), in paragraph 3(a)(ii), for “NPSA” substitute “ NHSLA ”.

Marginal Citations

M93 S.R. 2004/149. The relevant amending instrument is S.R. 2008/434.

The Blood Safety and Quality Regulations 2005 U.K.

77.  In regulation 1(3) of the Blood Safety and Quality Regulations 2005 M94 (interpretation), in paragraph (a) of the definition of “health service body”, omit “Strategic Health Authority,” and “, Primary Care Trust”.

Marginal Citations

M94 S.I. 2005/50, to which there are amendments not relevant to this Order.

The Health Service Commissioner for England (Special Health Authorities) Order 2005 U.K.

78.  In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 M95 (Special Health Authorities designated as subject to investigation), omit the entries relating to the National Institute for Clinical Excellence and the National Patient Safety Agency.

Marginal Citations

M95 S.I. 2005/251, to which there are amendments not relevant to this Order.

The Adoption Agencies Regulations 2005 U.K.

79.  In regulation 35(6)(b) of the Adoption Agencies Regulations 2005 M96 (requirements imposed on the adoption agency before the child may be placed for adoption)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

Marginal Citations

M96 S.I. 2005/389, to which there are amendments not relevant to this Order.

The Adoptions with a Foreign Element Regulations 2005 U.K.

80.—(1) The Adoptions with a Foreign Element Regulations 2005 M97 are amended as follows.

(2) In regulation 5(1)(c) (functions imposed on local authority)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

(3) In regulation 22(b) (applicable requirements in respect of an adoption agency before the child enters the UK)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

Marginal Citations

M97 S.I. 2005/392, to which there are amendments not relevant to this Order.

The Adoption Support Services Regulations 2005 U.K.

81.—(1) The Adoption Support Services Regulations 2005 M98 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “child” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 5(1)(c) (arrangements for securing provision of services), for “or Primary Care Trust” substitute “ , a clinical commissioning group and the National Health Service Commissioning Board ”.

(4) In regulation 14(4) (procedure for assessment)—

(a) for “a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

(b) for “that Primary Care Trust, Local Health Board or local authority” substitute “ that group, board, or authority ”.

(5) In regulation 16(3) (plan)—

(a) for “a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

(b) for “that Primary Care Trust, Local Health Board or local authority” substitute “ that group, board or authority ”.

Marginal Citations

M98 S.I. 2005/691. The relevant amending instrument is S.I. 2010/1172.

The Special Guardianship Regulations 2005 U.K.

82.—(1) The Special Guardianship Regulations 2005 M99 are amended as follows.

(2) In regulation 4(1)(d) (arrangements for securing provision of services), for “or Primary Care Trust” substitute “ , a clinical commissioning group and the National Health Service Commissioning Board ”.

(3) In regulation 12(3) (procedure for assessment)—

(a) for “a Local Health Board, Primary Care Trust” substitute “ a Local Health Board, a clinical commissioning group, the National Health Service Commissioning Board ”, and

(b) for “that Local Health Board, Primary Care Trust or local authority” substitute “ that board, group or authority ”.

(4) In regulation 14(3) (plan)—

(a) for “a Local Health Board, Primary Care Trust” substitute “ a Local Health Board, a clinical commissioning group, the National Health Service Commissioning Board ”, and

(b) for “that Local Health Board, Primary Care Trust or local authority” substitute “ that board, group or authority ”.

Marginal Citations

M99 S.I. 2005/1109. The relevant amending instrument is S.I. 2010/1172.

The Adoption Agencies (Wales) Regulations 2005 U.K.

83.—(1) In the English text of the Adoption Agencies (Wales) Regulations 2005 M100 , in regulation 36(4) (requirements imposed on adoption agency)—

(a) in sub-paragraph (b), for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(b) after that sub-paragraph insert—

“(ba) if the prospective adopter resides in England, notify the National Health Service Commissioning Board in writing of the proposed placement.”.

(2) In the Welsh text of the Adoption Agencies (Wales) Regulations 2005, in regulation 36(4) (gofynion a osodir ar yr asiantaeth fabwysiadu)—

(a) in sub-paragraph (b), for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”, and

(b) after that sub-paragraph insert—

“(ba) os yw'r darpar fabwysiadydd yn preswylio yn Lloegr, hysbysu Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol yn ysgrifenedig o'r lleoliad arfaethedig. ”.

Marginal Citations

M100 S.I. 2005/1313 (W. 95). The relevant amending instrument is S.I. 2010/1142 (W. 101).

The Adoption Support Services (Local Authorities) (Wales) Regulations 2005 U.K.

84.—(1) The English text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 M101 is amended as follows.

(2) In regulation 5(1) (provision of services)—

(a) after sub-paragraph (d) insert—

“(da) a clinical commissioning group, and

(db) the National Health Service Commissioning Board.”, and

(b) omit sub-paragraph (e) (together with the “and” following it).

(3) In regulation 8(4) (procedure for assessment)—

(a) in sub-paragraph (a), for “or Primary Care Trust” substitute “ or clinical commissioning group or the National Health Service Commissioning Board ”, and

(b) in the full-out words at the end, for “local health board, NHS trust, Primary Care Trust or local authority” substitute “ board, trust, group or authority ”.

(4) In regulation 10(3)(b) (plan)—

(a) in paragraph (i), for “or Primary Care Trust” substitute “ or clinical commissioning group or the National Health Service Commissioning Board ”, and

(b) in the full-out words at the end, for “local health board, NHS Trust or Primary Care Trust or local authority” substitute “ board, trust, group or authority ”.

(5) In regulation 13(2) (decision to provide support)—

(a) for “a local health board, NHS Trust, Primary Care Trust” substitute “ a local health board, an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and

(b) for “Primary Care Trust” substitute “ clinical commissioning group, National Health Service Commissioning Board ”.

(6) The Welsh text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 is amended as follows.

(7) In regulation 5(1) (darparu gwasanaethau)—

(a) after sub-paragraph (ch) insert—

“(cha) grŵp comisiynu clinigol, ac

(chb) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol.”, and

(b) omit sub-paragraph (d) (together with the “ac” following it).

(8) In regulation 8(4) (y weithdrefn asesu)—

(a) in sub-paragraph (a), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “neu grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) in the full-out words at the end, for “bwrdd iechyd lleol hwnnw, yr Ymddiriedolaeth GIG honno, yr Ymddiriedolaeth Gofal Sylfaenol honno neu'r awdurdod lleol hwnnw” substitute “bwrdd hwnnw, yr ymddiriedolaeth honno, y grŵp hwnnw neu'r awdurdod hwnnw”.

(9) In regulation 10(3)(b) (cynllun)—

(a) in paragraph (i), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “neu grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) in the full-out words at the end, for “bwrdd iechyd lleol hwnnw, yr Ymddiriedolaeth GIG honno neu'r Ymddiriedolaeth Gofal Sylfaenol honno, neu'r awdurdod lleol hwnnw” substitute “bwrdd hwnnw, yr ymddiriedolaeth honno, y grŵp hwnnw neu'r awdurdod hwnnw”.

(10) In regulation 13(2) (penderfyniad i ddarparu cymorth)—

(a) for “fwrdd iechyd lleol, Ymddiriedolaeth GIG, Ymddiriedolaeth Gofal Sylfaenol” substitute “fwrdd iechyd lleol, Ymddiriedolaeth GIG, grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) for “yr Ymddiriedolaeth Gofal Sylfaenol” substitute “grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

Marginal Citations

M101 S.I. 2005/1512 (W. 116). The relevant amending instrument is S.I. 2010/1142 (W. 101).

The Special Guardianship (Wales) Regulations 2005 U.K.

85.—(1) The English text of the Special Guardianship (Wales) Regulations 2005 M102 is amended as follows.

(2) In regulation 3(3)(b) (provision of special guardianship support services), for “and Primary Care Trusts” substitute “ , clinical commissioning groups and the National Health Service Commissioning Board ”.

(3) In regulation 6(1)(c) (assessment procedure)—

(a) for “NHS Trust, Primary Care Trust” substitute “ an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and

(b) for “that Board, Trust” substitute “ that Board, Trust, group ”.

(4) In regulation 11(3) (special guardianship support services plan)—

(a) for “NHS Trust, Primary Care Trust” substitute “ an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and

(b) for “that Board, Trust” substitute “ that Board, Trust, group ”.

(5) The Welsh text of the Special Guardianship (Wales) Regulations 2005 is amended as follows.

(6) In regulation 3(3)(b) (darparu gwasanaethau cymorth gwarcheidiaeth arbennig), for “ac Ymddiriedolaethau Gofal Sylfaenol” substitute “, grwpiau comisiynu clinigol a Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

(7) In regulation 6(1)(c) (y weithdrefn asesu)—

(a) for “Ymddiriedolaeth GIG, Ymddiriedolaeth Gofal Sylfaenol” substitute “Ymddiriedolaeth GIG, grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) for “Bwrdd hwnnw, yr Ymddiriedolaeth honno” substitute “ Bwrdd hwnnw, yr Ymddiriedolaeth honno, y grŵp hwnnw ”.

(8) In regulation 11(3) (cynllun gwasanaethau cymorth gwarcheidiaeth arbennig)—

(a) for “Ymddiriedolaeth GIG, Ymddiriedolaeth Gofal Sylfaenol” substitute “Ymddiriedolaeth GIG, grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) for “Bwrdd hwnnw, yr Ymddiriedolaeth honno” substitute “ Bwrdd hwnnw, yr Ymddiriedolaeth honno, y grŵp hwnnw ”.

Marginal Citations

M102 S.I. 2005/1513 (W. 117), to which there are amendments not relevant to this Order.

The Adoption Support Agencies (Wales) Regulations 2005 U.K.

86.—(1) The English text of the Adoption Support Agencies (Wales) Regulations 2005 M103 is amended as follows.

(2) In regulation 27 (notifiable events)—

(a) after paragraph (1) insert—

“(1A) If a duty arises under paragraph (1) to give notification in respect of an event to a clinical commissioning group, that duty shall also require notification in respect of that event to be given to the National Health Service Commissioning Board.”, and

(b) in paragraph (3)—

(i) for “ “Primary Care Trust”” substitute “ “clinical commissioning group” ”, and

(ii) for “Primary Care Trust” substitute “ clinical commissioning group ”.

(3) In Schedule 4 (events and notifications), in the table, for “Primary Care Trusts” substitute “ clinical commissioning groups ”.

(4) The Welsh text of the Adoption Support Agencies (Wales) Regulations 2005 is amended as follows.

(5) In regulation 27 (digwyddiadau hysbysadwy)—

(a) after paragraph (1) insert—

“(1A) Os bydd dyletswydd yn codi o dan baragraff (1) i hysbysu grŵp comisiynu clinigol mewn cysylltiad � digwyddiad, bydd y ddyletswydd honno hefyd yn ei gwneud yn ofynnol i Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwlad gael ei hysbysu mewn cysylltiad �'r digwyddiad hwnnw.”, and

(b) in paragraph (3)—

(i) for “ac “Ymddiriedolaeth Gofal Sylfaenol”” substitute “ a “grŵp comisiynu clinigol” ”, and

(ii) for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”.

(6) In Schedule 4 (digwyddiadau a hysbysiadau), in the table, for “Yr Ymddiriedolaethau Gofal Sylfaenol” substitute “ Y grwpiau comisiynu clinigol ”.

Marginal Citations

M103 S.I. 2005/1514 (W. 118), to which there are amendments not relevant to this Order.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 U.K.

87.—(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 M104 is amended as follows.

(2) In article 1(2) (interpretation), in the definition of “relevant primary dental services”, for paragraph (a) substitute—

“(a) section 56(2) of the National Health Service (Wales) Act 2006;”.

(3) In article 3 (functions of the Authority)—

(a) after paragraph (f) insert—

“(fa) the examining, checking and pricing of any drug, medicine or appliance (other than a Scheduled drug, within the meaning of the National Health Service (General Medical Services Contracts) Regulations 2004) provided for the purposes of immediate treatment or personal administration as part of the provision of primary medical services under Part 4 of the National Health Service Act 2006;”, and

(b) in paragraph (p), for “Primary Care Trusts” substitute “ the National Health Service Commissioning Board ”.

Marginal Citations

M104 S.I. 2005/2414. The relevant amending instrument is S.I. 2006/632.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 U.K.

88.—(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 M105 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (d) insert—

“(da) the National Institute for Health and Care Excellence,

(db) the Health and Social Care Information Centre,”.

(3) In regulation 3(1)(j) (disqualification for appointment)—

(a) omit paragraph (i),

(b) after paragraph (iii) insert—

“(iiia) the National Institute for Health and Care Excellence,

(iiib) the Health and Social Care Information Centre, or”, and

(c) omit paragraph (iv) (together with the “or” following it).

Marginal Citations

M105 S.I. 2005/2415. Relevant amending instruments are S.I. 2006/633 and S.I. 2012/1641.

The NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005 U.K.

89.  In regulation 1(2) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005 M106 (interpretation), in the definition of “health service body”, after paragraph (d) insert—

“(da) the National Institute for Health and Care Excellence,

(db) the Health and Social Care Information Centre,”.

Marginal Citations

M106 S.I. 2005/2531, to which there are amendments not relevant to this Order.

The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 U.K.

90.—(1) The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 M107 are amended as follows.

(2) In regulation 24 (notifiable events)—

(a) after paragraph (1) insert—

“(1A) If a duty arises under paragraph (1) to give notification in respect of an event to a clinical commissioning group, that duty shall also require notification in respect of that event to be given to the National Health Service Commissioning Board.”, and

(b) in paragraph (3), in the definition of “Primary Care Trust”, for “ “Primary Care Trust” means the Primary Care Trust” substitute “ “clinical commissioning group” means the clinical commissioning group ”.

(3) In Schedule 4 (events and notifications), in the table, for “Primary Care Trust” substitute “ Clinical commissioning group ”.

Marginal Citations

M107 S.I. 2005/2720, to which there are amendments not relevant to this Order.

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 U.K.

91.—(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 M108 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “child” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) after the definition of “income support” insert—

““local authority” has the same meaning as in section 2B of the National Health Service Act 2006;”,

(c) omit the definition of “NHS foundation trust”, and

(d) omit the definition of “Primary Care Trust”.

[F2 (3) In regulation 8A (provision of Healthy Start vitamins)—

(a) in paragraph (1), for sub-paragraph (a) (together with the “and” following it) substitute—

“(a) in relation to England, a clinical commissioning group, a local authority or the National Health Service Commissioning Board, if it provides, or arranges for the provision of, maternity services or a child health clinic;

(aa) in relation to Wales, a NHS trust or Local Health Board that provides a maternity or child health clinic; and”,

(b) in paragraph (2), after “providing” insert “ , or (in the case of a clinical commissioning group or the National Health Service Commissioning Board) arranging for the provision of, ”,

(c) in paragraph (3), after “health service body” insert “ (other than a clinical commissioning group or the National Health Service Commissioning Board) ”,

(d) after that paragraph insert—

“(3A) The arrangements made by a clinical commissioning group or the National Health Service Commissioning Board under paragraph (2) may be made with a pharmacist or other person or body.”,

(e) in paragraph (4), after “paragraph (2)” insert “ or (3) ”,

(f) in paragraph (7), after “health service body”, in the first place where it occurs, insert “ (other than a clinical commissioning group or the National Health Service Commissioning Board) ”, and

(g) after that paragraph insert—

“(8) In the case of a clinical commissioning group—

(a) the Secretary of State may pay the clinical commissioning group an amount equal to the cost of the Healthy Start vitamins that the group has secured the provision of to a beneficiary, or

(b) that cost may be met from the sums paid to the group under section 223G of the National Health Service Act 2006.

(9) In the case of the National Health Service Commissioning Board—

(a) the Secretary of State may pay the Board an amount equal to the cost of the Healthy Start vitamins that the Board has secured the provision of to a beneficiary, or

(b) that cost may be met from the sums paid to the Board under section 223B of the National Health Service Act 2006.”]

Textual Amendments

F2 Sch. 2 para. 91(3) revoked (S.) (31.3.2020) by The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (S.S.I. 2019/193), reg. 1(3), sch. 2

Marginal Citations

M108 S.I. 2005/3262. The relevant amending instrument is S.I. 2006/2818.

The Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005 U.K.

92.  In the Schedule to the Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005 M109 (Special Health Authorities designated as subject to investigation), omit the entries relating to the NHS Institute for Innovation and Improvement and the Health and Social Care Information Centre.

Marginal Citations

M109 S.I. 2005/3428.

The Housing Benefit Regulations 2006 U.K.

93.—(1) The Housing Benefit Regulations 2006 M110 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 27—

(a) after sub-paragraph (d) insert—

“(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or”, and

(b) omit sub-paragraph (e) (together with the “or” following it).

Marginal Citations

M110 S.I. 2006/213. Relevant amending instruments are S.I. 2008/3157 and S.I. 2009/2655.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 U.K.

94.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M111 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In regulation 38(2)(d) (earnings of self-employed earners)—

(a) after paragraph (iv) insert—

“(iva) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ivb) the National Health Service Commissioning Board; or”, and

(b) omit paragraph (v) (together with the “or” following it).

Marginal Citations

M111 S.I. 2006/214. Relevant amending instruments are S.I. 2008/3157 and S.I. 2009/2655.

The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 U.K.

95.—(1) The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 M112 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “NHS dispute resolution procedure” insert—

““NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;”, and

(b) omit the definition of “NPSA”.

(3) In regulation 4 (general conditions relating to all agreements), after paragraph (6) insert—

“(7) In this regulation “health service body” includes a Strategic Health Authority and a Primary Care Trust.”

(4) In Schedule 3 (other contractual terms)—

(a) in paragraph 15 (NICE guidance), for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Care Excellence ”,

(b) in paragraph 31(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”,

(c) in paragraph 51(2) (co-operation with investigations), in the definition of “NHS body”, for “a Strategic Health Authority, a Primary Care Trust” substitute “ a clinical commissioning group, the National Health Service Commissioning Board ”, and

(d) in paragraph 69 (termination by the Relevant Body on grounds of suitability etc), after sub-paragraph (5) insert—

“(6) In this paragraph “health service body” includes a Strategic Health Authority and a Primary Care Trust.”

Marginal Citations

M112 S.I. 2006/489 (W. 58), to which there are amendments not relevant to this Order.

The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 U.K.

96.—(1) The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 M113 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “NHS dispute resolution procedure” insert—

““NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;”, and

(b) omit the definition of “NPSA”.

(3) In regulation 4 (general prescribed conditions relating to all contracts), after paragraph (6) insert—

“(7) In this regulation “health service body” includes a Strategic Health Authority and a Primary Care Trust.”

(4) In Schedule 3 (other contractual terms)—

(a) in paragraph 14 (NICE guidance), for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Care Excellence ”,

(b) in paragraph 30(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”,

(c) in paragraph 51(2) (co-operation with investigations), in the definition of “NHS body”, for “a Strategic Health Authority, a Primary Care Trust” substitute “ a clinical commissioning group, the National Health Service Commissioning Board ”, and

(d) in paragraph 71 (termination by the Local Health Board on grounds of suitability etc), after sub-paragraph (5) insert—

“(6) In this paragraph “health service body” includes a Strategic Health Authority and a Primary Care Trust.”

Marginal Citations

M113 S.I. 2006/490 (W. 59), to which there are amendments not relevant to this Order.

The National Health Service (Dental Charges) (Wales) Regulations 2006 U.K.

97.—(1) The National Health Service (Dental Charges) (Wales) Regulations 2006 M114 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “relevant Local Health Board”, in paragraph (ii), omit “Primary Care Trust or”, and

(b) in the definition of “relevant primary dental services”, in paragraph (i), omit “Primary Care Trust or”.

(3) In regulation 12(2) (reduction of remuneration and accounting for charges in relation to providers of relevant primary dental services), omit “Primary Care Trust or”.

Marginal Citations

M114 S.I. 2006/491 (W. 60), to which there are amendments not relevant to this Order.

The Highways Act 1980 (Gating Orders) (England) Regulations 2006 U.K.

98.  In regulation 2 of the Highways Act 1980 (Gating Orders) (England) Regulations 2006 M115 (interpretation), in the definition of “NHS trust or NHS foundation trust”, omit “, Primary Care Trust”.

Marginal Citations

M115 S.I. 2006/537.

The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 U.K.

99.  In regulation 3 of the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 M116 (meaning of NHS body)—

(a) in paragraph (1)—

(i) omit sub-paragraph (a),

(ii) after sub-paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;

(bc) a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);”, and

(iii) omit sub-paragraph (c).

(b) in paragraph (2)—

(i) after the definition of “Care Trust” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(ii) omit the definitions of “Primary Care Trust” and “Strategic Health Authority”.

Marginal Citations

M116 S.I. 2006/1832.

The Crime and Disorder Act 1998 (Intervention Orders) Order 2006 U.K.

100.  In article 2(1) of the Crime and Disorder Act 1998 (Intervention Orders) Order 2006 M117 (persons to be consulted by relevant authority)—

(a) after sub-paragraph (a) insert—

“(aa) a clinical commissioning group;

(ab) the National Health Service Commissioning Board;”, and

(b) omit sub-paragraph (b).

Marginal Citations

M117 S.I. 2006/2138.

The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006 U.K.

101.  In regulation 1(4) of the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006 M118 (interpretation), in the definition of “NHS body”—

(a) omit paragraph (a),

(b) after paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;”, and

(c) omit paragraph (c).

Marginal Citations

M118 S.I. 2006/2883.

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 U.K.

102.  In regulation 2(1) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 M119 (interpretation), in the definition of “equivalent body”—

(a) in paragraph (a), for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

(b) after paragraph (c) insert—

“(ca) in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England;”.

Marginal Citations

M119 S.S.I. 2006/135, to which there are amendments not relevant to this Order.

The National Health Service Central Register (Scotland) Regulations 2006 U.K.

103.—(1) The National Health Service Central Register (Scotland) Regulations 2006 M120 are amended as follows.

(2) In Schedule 1 (additional information which may be contained in an entry in, and obtained from persons or places to create and maintain, the register), in the table, in entry 8, in column (1), for “Health and Social Care Information Centre” substitute “ Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012 ”.

(3) In Schedule 2 (information which may be provided from the register and persons to whom it may be provided), in the table, in entry 3, in column (2), for “Health and Social Care Information Centre” substitute “ Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012 ”.

Marginal Citations

M120 S.S.I. 2006/484. The relevant amending instrument is S.S.I. 2008/358.

The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 U.K.

104.—(1) The English text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 M121 is amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “Primary Care Trust” (“Ymddiriedolaeth Gofal Sylfaenol”).

(3) In regulation 11(3)(b) (entitlement cards), for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”.

(4) The Welsh text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 is amended as follows.

(5) In regulation 2(1) (dehongli), omit the definition of “Ymddiriedolaeth Gofal Sylfaenol” (“Primary Care Trust”).

(6) In regulation 11(3)(b) (cardiau hawl), for “gydag Ymddiriedolaeth Gofal Sylfaenol” substitute “gyda Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

Marginal Citations

M121 S.I. 2007/121 (W. 11), to which there are amendments not relevant to this Order.

The Placement of Children (Wales) Regulations 2007 U.K.

105.—(1) The English text of the Placement of Children (Wales) Regulations 2007 M122 is amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “health care provider” (“darparydd gofal iechyd”), for “primary care trust” substitute “ clinical commissioning group ”.

(3) In regulation 6(1) (notification of arrangements), after sub-paragraph (b) insert—

“(ba) the National Health Service Commissioning Board if the child is ordinarily resident, or is to be placed, in England;”.

(4) The Welsh text of the Placement of Children (Wales) Regulations 2007 is amended as follows.

(5) In regulation 2(1) (dehongli), in the definition of “darparydd gofal iechyd” (“health care provider”), for “ymddiriedolaeth gofal sylfaenol” substitute “ grŵp comisiynu clinigol ”.

(6) In regulation 6(1) (hysbysiad o drefniadau), after sub-paragraph (b) insert—

“(ba) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol os yw'r plentyn yn preswylio fel arfer yn Lloegr, neu os yw'r plentyn i gael ei leoli yno;”.

Marginal Citations

M122 S.I. 2007/310 (W. 27). The relevant amending instrument is S.I. 2010/1142 (W. 101).

The NHS Direct National Health Service Trust (Establishment) Order 2007 U.K.

106.  In article 1(2) of the NHS Direct National Health Service Trust (Establishment) Order 2007 M123 (interpretation), in the definition of “NHS Bodies”—

(a) for “Strategic Health Authorities,” substitute “ the National Health Service Commissioning Board, ”,

(b) for “Primary Care Trusts,” substitute “ clinical commissioning groups, ”, and

(c) after “2006 Act” insert “ , and local authorities (within the meaning of section 2B of the 2006 Act) acting in the exercise of public health functions (within the meaning of that Act) ”.

Marginal Citations

M123 S.I. 2007/478, to which there are amendments not relevant to this Order.

The School Governance (Constitution) (England) Regulations 2007 U.K.

107.  In the School Governance (Constitution) (England) Regulations 2007 M124 (so far as those Regulations continue to apply by virtue of regulation 4(2) of the School Governance (Constitution) (England) Regulations 2012 M125 ), in Schedule 3 (appointment of community governors at community special schools and foundation special schools), in paragraph 2—

(a) in sub-paragraph (1), for paragraph (a) (together with the “or” following it) substitute—

“(a) one or more clinical commissioning groups,

(aa) the National Health Service Commissioning Board, or”, and

(b) in sub-paragraph (3)—

(i) before the definition of “National Health Service Trust” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(ii) omit the definition of “primary care trust” and the “and” immediately preceding it.

Marginal Citations

M124 S.I. 2007/957.

M125 S.I. 2012/1034.

The School Governance (New Schools) (England) Regulations 2007 U.K.

108.  In Schedule 1 to the School Governance (New Schools) (England) Regulations 2007 M126 (appointment of temporary community governors at community special schools or foundation special schools), in paragraph 2—

(a) in sub-paragraph (1)(a), for sub-paragraph (i) substitute—

“(i) one or more clinical commissioning groups;

(ia) the National Health Service Commissioning Board;”, and

(b) in sub-paragraph (2)—

(i) before the definition of “National Health Service Trust” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(ii) omit the definition of “primary care trust” and the “and” immediately preceding it.

Marginal Citations

M126 S.I. 2007/958, to which there are amendments not relevant to this Order.

The School Governance (Federations) (England) Regulations 2007 U.K.

109.  In the School Governance (Federations) (England) Regulations 2007 M127 (so far as those Regulations continue to apply by virtue of regulation 4(1) of the School Governance (Federations) (England) Regulations 2012 M128 ), in Schedule 4 (appointment of community governors in federations which include community special schools), in paragraph 2—

(a) in sub-paragraph (1), for paragraph (a) substitute—

“(a) one or more clinical commissioning groups,

(aa) the National Health Service Commissioning Board,”, and

(b) in sub-paragraph (3)—

(i) before the definition of “National Health Service Trust” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(ii) omit the definition of “primary care trust” and the “and” immediately preceding it.

Marginal Citations

M127 S.I. 2007/960, to which there are amendments not relevant to this Order.

M128 S.I. 2012/1035.

The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 U.K.

110.—(1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 M129 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Accessibility Strategy” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 5(1)(i)(i) (manner of publication of a competition notice), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

(4) In regulation 10(6)(g) (promotion of public awareness), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

(5) In regulation 13(5)(e) (manner in which local authority or proposers must publish details of proposals under sections 10 and 11), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

(6) In regulation 15(3)(f)(i) (manner in which local authority or governing body must submit and publish details of discontinuance proposals), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

(7) In regulation 25(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

Marginal Citations

M129 S.I. 2007/1288, to which there are amendments not relevant to this Order.

The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 U.K.

111.—(1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 M130 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Children and Young People's Plan” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In Schedule 1 (foundation proposals)—

(a) in paragraph 5(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

(b) in paragraph 7(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

(4) In Schedule 3 (governing body proposals for alterations other than foundations proposals)—

(a) in paragraph 27(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”,

(b) in paragraph 28(4)(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

(c) in paragraph 34(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

(5) In Schedule 5 (local authority proposals for prescribed alterations)—

(a) in paragraph 27(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”,

(b) in paragraph 28(5)(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

(c) in paragraph 34(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

Marginal Citations

M130 S.I. 2007/1289, to which there are amendments not relevant to this Order.

The Health Service Medicines (Information Relating to Sales of Branded Medicines etc) Regulations 2007 U.K.

112.  In regulation 2(1) of the Health Service Medicines (Information Relating to Sales of Branded Medicines etc) Regulations 2007 M131 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a), omit “Strategic Health Authority,” and “Primary Care Trust,”, and

(b) in the definition of “PMS contractor”, in paragraph (a), for “Strategic Health Authorities” substitute “ the Board ”.

Marginal Citations

M131 S.I. 2007/1320, to which there are amendments not relevant to this Order.

The School Organisation (Transitional Provisions) (England) Regulations 2007 U.K.

113.—(1) The School Organisation (Transitional Provisions) (England) Regulations 2007 M132 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Change of Category Regulations” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 17(1)(g) (provision of information), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

(4) In regulation 18(10)(h)(i) (requirement to implement proposals, revocation and modification), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

(5) In regulation 28(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

Marginal Citations

M132 S.I. 2007/1355, to which there are amendments not relevant to this Order.

The Community Drivers' Hours and Recording Equipment Regulations 2007 U.K.

114.  In paragraph 1(3) of the Schedule to the Community Drivers' Hours and Recording Equipment Regulations 2007 M133 (exempted vehicles), in the definition of “relevant NHS body”, in paragraph (a), for “a Strategic Health Authority, a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, a clinical commissioning group, ”.

Marginal Citations

M133 S.I. 2007/1819, to which there are amendments not relevant to this Order.

The Crime and Disorder (Prescribed Information) Regulations 2007 U.K.

115.—(1) The Crime and Disorder (Prescribed Information) Regulations 2007 M134 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “hospital”, for “Primary Care Trust” substitute “ clinical commissioning group, the National Health Service Commissioning Board ”.

(3) In the Schedule (description of information)—

(a) in paragraph 9—

(i) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”,

(b) in paragraph 10—

(i) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”,

(c) in paragraph 11—

(i) for “Primary Care Trust or Local Health Board” substitute “ clinical commissioning group, Local Health Board or local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act), ”, and

(ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”, and

(d) in paragraph 12—

(i) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

(ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”.

Marginal Citations

M134 S.I. 2007/1831, to which there are amendments not relevant to this Order.

The Employment and Support Allowance Regulations 2008 U.K.

116.—(1) The Employment and Support Allowance Regulations 2008 M135 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

“(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,”.

(3) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 29—

(a) after sub-paragraph (d) insert—

“(da) a clinical commissioning group;

(db) the National Health Service Commissioning Board; or”, and

(b) omit sub-paragraph (e) (together with the “or” following it).

Marginal Citations

M135 S.I. 2008/794. The relevant amending instrument is S.I. 2009/2655.

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 U.K.

117.—(1) The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 M136 are amended as follows.

(2) In regulation 7(5)(b) (transfer from hospital to hospital or guardianship)—

(a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

(b) omit “Primary Care Trust,”,

(c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(d) for “authority, board or trust”, in each place where it occurs, substitute “ group, board, trust or authority ”.

(3) In regulation 9(6) (transfer of community patients recalled to hospital)—

(a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

(b) omit “Primary Care Trust,”,

(c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(d) for “authority, board or trust”, in each place where it occurs, substitute “ group, board, trust or authority ”.

(4) In regulation 17(5) (assignment of responsibility for community patients)—

(a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

(b) omit “Primary Care Trust,”,

(c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(d) for “authority, board or trust” substitute “ group, board, trust or authority ”.

(5) In regulation 31(1) (patient advocacy and liaison services and independent mental capacity advocate services), for sub-paragraph (c), and the “or” immediately preceding it, substitute—

“(c) a clinical commissioning group, or

(d) the National Health Service Commissioning Board.”

Marginal Citations

M136 S.I. 2008/1184, to which there are amendments not relevant to this Order.

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 U.K.

118.—(1) The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 M137 are amended as follows.

(2) In the heading to Part 6, for “Supervisory Bodies: Care Homes” substitute “ Supervisory Bodies: Care Homes and Hospitals ”.

(3) In regulation 17(1)(a) (application and interpretation of Part 6)—

(a) in paragraph (i), after “care home” insert “ or hospital ”, and

(b) in paragraph (ii), after “care home” insert “ or hospital ”.

Marginal Citations

M137 S.I. 2008/1858, to which there are amendments not relevant to this Order. “Hospital” is defined in paragraph 175(1) of Schedule A1 to the Mental Capacity Act 2005 (2005 c. 9). That Schedule was inserted by section 50(5) of, and Schedule 7 to, the Mental Health Act 2007 (2005 c. 12).

The Private Dentistry (Wales) Regulations 2008 U.K.

119.—(1) The English text of the Private Dentistry (Wales) Regulations 2008 M138 is amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “dental performers list” (“rhestr perfformwyr deintyddol”)—

(a) for “Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

(b) for “regulation 3(1)(b) of the National Health Service (Performers Lists) Regulations 2004” substitute “ regulations under section 106 of the National Health Service Act 2006 ”.

(3) In regulation 5(2)(l) (information and documents to be provided by an applicant), for “Primary Care Trust” substitute “ National Health Service Commissioning Board ”.

(4) The Welsh text of the Private Dentistry (Wales) Regulations 2008 is amended as follows.

(5) In regulation 2(1) (dehongli), in the definition of “rhestr perfformwyr deintyddol” (“dental performers list”)—

(a) for “Ymddiriedolaeth Gofal Sylfaenol” substitute “Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(b) for “reoliad 3(1)(b) o Reoliadau'r Gwasanaeth Iechyd Gwladol (Rhestri'r Perfformwyr) 2004” substitute “ reoliadau o dan adran 106 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006 ”.

(6) In regulation 5(2)(h) (gwybodaeth a dogfennau sydd i'w darparu gan geisydd), for “neu'r Ymddiriedolaeth Gofal Sylfaenol” substitute “neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

Marginal Citations

M138 S.I. 2008/1976 (W. 185), to which there are amendments not relevant to this Order.

The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 U.K.

120.—(1) The English text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 M139 is amended as follows.

(2) In regulation 23(6)(b) (transfer from hospital to hospital or guardianship)—

(a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

(b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(c) for “trust, board or authority” substitute “ trust, board, group or authority ”.

(3) In regulation 25(5) (assignment of responsibility for community patients)—

(a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

(b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(c) for “trust, board or authority,” substitute “ trust, board, group or authority, ”.

(4) In regulation 26(6) (transfer of recalled patients to hospital) —

(a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

(b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

(c) for “trust, board or authority,” substitute “ trust, board, group or authority, ”.

(5) The Welsh text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 is amended as follows.

(6) In regulation 23(6)(b) (trosglwyddo o ysbyty i ysbyty neu warcheidiaeth)—

(a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

(b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw”.

(7) In regulation 25(5) (aseinio cyfrifoldeb dros gleifion cymunedol)—

(a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

(b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw,”.

(8) In regulation 26(6) (trosglwyddo cleifion a alwyd yn eu h�l i'r ysbyty) —

(a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

(b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw,”.

Marginal Citations

M139 S.I. 2008/2439 (W. 212), to which there are amendments not relevant to this Order.

The Mental Health Review Tribunal for Wales Rules 2008 U.K.

121.—(1) The Mental Health Review Tribunal for Wales Rules 2008 M140 are amended as follows.

(2) In rule 2(1) (interpretation), in the definition of “responsible authority”, omit paragraph (d).

(3) In rule 16 (notice of proceedings), omit paragraph (d) (but not the “and” following it).

(4) In the Schedule (statements by the responsible authority and the Secretary of State), omit paragraph 16.

Marginal Citations

M140 S.I. 2008/2705, to which there is an amendment not relevant to this Order.

The Health Protection (Vaccination) Regulations 2009 U.K.

122.  In regulation 1(3) of the Health Protection (Vaccination) Regulations 2009 M141 (interpretation), omit the definition of “Primary Care Trust” (but not the “and” following it).

Marginal Citations

M141 S.I. 2009/38.

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 U.K.

123.—(1) The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 M142 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “general dental services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

(b) in the definition of “general medical services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

(c) in the definition of “general ophthalmic services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

(d) in the definition of “NHS body”—

(i) omit paragraph (a),

(ii) after paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;”, and

(iii) omit paragraph (c), and

(e) in the definition of “primary care provider”, in paragraph (b), for “83(2)(b)” substitute “ 83(2) ”.

(3) In regulation 6(1) (duty to handle complaints), after sub-paragraph (b) insert—

“(ba) a clinical commissioning group or the National Health Service Commissioning Board about the exercise by it of any functions in pursuance of arrangements made under section 7A of the National Health Service Act 2006;”.

(4) In regulation 7 (complaints about the provision of health services)—

(a) in paragraph (1)(a)—

(i) for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and

(ii) for “1st April 2009” substitute “ 1st April 2013 ”,

(b) in paragraph (1)(b), for “Primary Care Trust” substitute “ group or Board ”,

(c) in paragraph (3)—

(i) for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,

(ii) in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”, and

(iii) in sub-paragraph (b), for “Primary Care Trust” substitute “ group or Board ”,

(d) in paragraph (4)—

(i) for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or National Health Service Commissioning Board ”, and

(ii) for “Primary Care Trust”, in the second place where it occurs, substitute “ group or Board ”, and

(e) in paragraph (5) —

(i) for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or National Health Service Commissioning Board ”, and

(ii) in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”.

(5) In regulation 13(5)(a) (procedure before investigation), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”.

(6) In regulation 18 (annual reports)—

(a) in paragraph (4)—

(i) in sub-paragraph (a), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and

(ii) in the full-out words, for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,

(b) in paragraph (5), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”,

(c) omit paragraph (6), and

(d) in paragraph (7) omit “or (6)”.

Marginal Citations

M142 S.I. 2009/309, to which there are amendments not relevant to this Order.

The Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 U.K.

124.—(1) The Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 M143 is amended as follows.

(2) Omit article 13 (transitory provisions relating to the Health Protection Agency).

(3) In Schedule 3 (transitory etc provision), in paragraph 2 (annual reviews), omit sub-paragraphs (2) and (3).

Marginal Citations

M143 S.I. 2009/462, to which there are amendments not relevant to this Order.

The General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 U.K.

125.  In the Schedule to the General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 M144 (the Rules), omit paragraph 2 (Appointments Commission).

Marginal Citations

M144 S.I. 2009/468, to which there are amendments not relevant to this Order.

The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 U.K.

126.—(1) The English text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 M145 is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Board's area” (“ardal y Bwrdd”) insert—

““former health service body” (“cyn gorff gwasanaeth iechyd”) means a Strategic Health Authority or Primary Care Trust;”, and

(b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

(i) after “National Health Service Commissioning Board,” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”,

(ii) omit “Strategic Health Authority,”, and

(iii) for “NHS Foundation Trust or Primary Care Trust” substitute “ or NHS Foundation Trust ”.

(3) In Schedule 2 (eligibility requirements for members and associate members), in paragraph 1—

(a) in sub-paragraph (2)(c), after “health service body” insert “ or former health service body ”,

(b) in sub-paragraph (2)(d)—

(i) after “clinical commissioning group” insert “ or of a former health service body ”, and

(ii) for “the health service body” substitute “ the body ”, and

(c) in sub-paragraph (4), after “clinical commissioning group”, in the first place where it occurs, insert “ or of a former health service body ”.

(4) The Welsh text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 is amended as follows.

(5) In regulation 2 (dehongli)—

(a) after the definition of “cyfnod cysgodol” (“shadow period”) insert—

“ystyr “cyn gorff gwasanaeth iechyd” (“former health service body”) yw Awdurdod Iechyd Strategol neu Ymddiriedolaeth Gofal Sylfaenol;”, and

(b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

(i) after “Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol,” insert “ y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol, ”,

(ii) omit “Awdurdod Iechyd Strategol,”, and

(iii) for “Ymddiriedolaeth Sefydledig GIG neu Ymddiriedolaeth Gofal Sylfaenol” substitute “ neu Ymddiriedolaeth Sefydledig GIG ”.

(6) In Schedule 2 (y meini prawf cymhwystra ar gyfer aelodau ac aelodau cyswllt), in paragraph 1—

(a) in sub-paragraph (2)(c), after “chorff gwasanaeth iechyd” insert “ neu gyn gorff gwasanaeth iechyd ”,

(b) in sub-paragraph (2)(ch)—

(i) after “grŵp comisiynu clinigol” insert “ neu gyn gorff gwasanaeth iechyd ”, and

(ii) for “corff gwasanaeth iechyd” substitute “ corff ”, and

(c) in sub-paragraph (4), after “grŵp comisiynu clinigol”, in the first place where it occurs, insert “ neu gyn gorff gwasanaeth iechyd ”.

Marginal Citations

M145 S.I. 2009/779 (W. 67). The relevant amending instrument is S.I. 2012/1641.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 U.K.

127.  In Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M146 (radiological emergencies), in paragraph 4(2)(d), for the words from “the Health Protection Agency” to the end substitute “ the Secretary of State pursuant to the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 ”.

Marginal Citations

M146 S.I. 2009/1348, to which there are amendments not relevant to this Order.

The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 U.K.

128.—(1) The English text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 M147 is amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “executive director” (“cyfarwyddwr gweithredol”) insert—

““former health service body” (“cyn gorff gwasanaeth iechyd”) means a Strategic Health Authority or Primary Care Trust;”, and

(b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

(i) in paragraph (a), omit “a Strategic Health Authority,” and “a Primary Care Trust,”, and

(ii) after paragraph (e) insert—

“(f) the National Institute for Health and Care Excellence;

(g) the Health and Social Care Information Centre;”.

(3) In regulation 15 (disqualification for appointment of chair and non-executive directors)—

(a) in paragraph (1)(c), after “health service body” insert “ or former health service body ”,

(b) in paragraph (1)(d)—

(i) after “clinical commissioning group” insert “ or of a former health service body ”, and

(ii) in paragraph (i), for “the health service body” substitute “ the body ”, and

(c) in paragraph (3)(c)—

(i) after “other health service body” insert “ or a former health service body ”, and

(ii) for “the health service body” substitute “ the body ”.

(4) The Welsh text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.

(5) In regulation 1(2) (dehongli)—

(a) after the definition of “cyfarwyddwr gweithredol” (“executive director”) insert—

“ystyr “cyn gorff gwasanaeth iechyd” (“former health service body”) yw Awdurdod Iechyd Strategol neu Ymddiriedolaeth Gofal Sylfaenol;”, and

(b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

(i) in paragraph (a), omit “Awdurdod Iechyd Strategol,” and “Ymddiriedolaeth Gofal Sylfaenol,”, and

(ii) after paragraph (d) insert—

“(dd) y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal;

(e) y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol;”.

(6) In regulation 15 (datgymhwyso rhag penodi cadeirydd a chyfarwyddwyr anweithredol)—

(a) in paragraph (1)(c), after “chorff gwasanaeth iechyd” insert “ neu gyn gorff gwasanaeth iechyd ”,

(b) in paragraph (1)(ch)—

(i) after “corff gwasanaeth iechyd” insert “ ac eithrio grŵp comisiynu clinigol neu gyn gorff gwasanaeth iechyd ”, and

(ii) in paragraph (i), for “i'r corff gwasanaeth iechyd” substitute “i'r corff”, and

(c) in paragraph (3)(c)—

(i) after “corff gwasanaeth iechyd arall” insert “ neu gyn gorff gwasanaeth iechyd ”, and

(ii) for “y corff gwasanaeth iechyd” substitute “ y corff ”.

Marginal Citations

M147 S.I. 2009/1385 (W. 141). The relevant amending instrument is S.I. 2012/1641.

The Local Health Boards (Directed Functions) (Wales) Regulations 2009 U.K.

129.—(1) In the English text of the Local Health Boards (Directed Functions) (Wales) Regulations 2009 M148 , in regulation 3(2)(a) (exception to regulation 2(2)), for “Primary Care Trust” substitute “ clinical commissioning group ”.

(2) In the Welsh text of the Local Health Boards (Directed Functions) (Wales) Regulations 2009, in regulation 3(2)(a) (eithriad i reoliad 2(2)), for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”.

Marginal Citations

M148 S.I. 2009/1511 (W. 147).

The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 U.K.

130.  In regulation 3(6) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 M149 (prescribed persons)—

(a) after sub-paragraph (a) insert—

“(aa) clinical commissioning groups;

(ab) the National Health Service Commissioning Board;”, and

(b) omit paragraph (b).

Marginal Citations

M149 S.I. 2009/1563, to which there are amendments not relevant to this Order.

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 U.K.

131.  In regulation 2 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 M150 (interpretation), in the definition of “health authority”, for paragraph (a) substitute—

“(a) in relation to England, a clinical commissioning group established under section 14D of the National Health Service Act 2006, the National Health Service Commissioning Board or Public Health England, an executive agency of the Department of Health;”.

Marginal Citations

M150 S.I. 2009/1927.

The Welsh Health Specialised Services Committee (Wales) Regulations 2009 U.K.

132.—(1) In the English text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009 M151 , in regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), after “National Health Service Commissioning Board,” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

(2) In the Welsh text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009, in regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol,” insert “ y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol, ”.

Marginal Citations

M151 S.I. 2009/3097 (W. 270). The relevant amending instrument is S.I. 2012/1641.

The Private Water Supplies Regulations 2009 U.K.

F3 133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 133 revoked (27.6.2016) by The Private Water Supplies (England) Regulations 2016 (S.I. 2016/618), regs. 1(1), 23(3) (with reg. 3)

The Care Quality Commission (Registration) Regulations 2009 U.K.

134.—(1) The Care Quality Commission (Registration) Regulations 2009 M152 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “health service body”, for “NHS Blood and Transplant or the Health Protection Agency” substitute “ or NHS Blood and Transplant ”, and

(b) after that definition insert—

““local authority” has the same meaning as in section 2B of the National Health Service Act 2006;”.

(3) In regulation 9 (notification to Primary Care Trust, English local authority and Strategic Health Authority)—

(a) for the heading substitute “ Notification ”,

(b) in paragraph (1), for “Primary Care Trust” substitute “ clinical commissioning group ”,

(c) in paragraph (2), for “Primary Care Trust” substitute “ clinical commissioning group ”,

(d) in paragraph (4), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”,

(e) in paragraph (6)(a), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”,

(f) after paragraph (6) insert—

“(6A) Notice of an application under section 30(1) of the Act must be given to the National Health Service Commissioning Board under section 30(3)(za) of the Act if the application is in respect of a regulated activity that involves, or is connected, with the provision of health care.

(6B) A copy of a notice must be given to the National Health Service Commissioning Board under section 39(1)(za) of the Act if the notice is in respect of a regulated activity that involves, or is connected, with the provision of health care.”, and

(g) omit paragraphs (7) and (8).

(4) In regulation 16 (notification of death of service user)—

(a) in paragraph (2)—

(i) for “health service body”, in the first place where it occurs, substitute “ health service body, a local authority exercising public health functions (within the meaning of the National Health Service Act 2006) ”, and

(ii) in sub-paragraph (a)(ii), after “health service body” insert “ , or local authority exercising public health functions (within the meaning of the National Health Service Act 2006), ”, and

(b) in paragraph (6), for sub-paragraph (a) substitute—

“(a) section 3A (power of clinical commissioning groups as to commissioning certain health services),”.

Marginal Citations

M152 S.I. 2009/3112. The relevant amending instrument is S.I. 2012/921.

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 U.K.

135.  In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 M153 (interpretation), in the definition of “equivalent body”, in paragraph (a), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, or in relation to any time prior to 1st April 2013 and after 30th September 2002 a Primary Care Trust, ”.

Marginal Citations

M153 S.S.I. 2009/183, to which there are amendments not relevant to this Order.

The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009 U.K.

136.—(1) The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009 M154 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “charity trustee” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraphs (i) and (ii),

(ii) in paragraph (a), after sub-paragraph (iv) insert—

“(iva) a clinical commissioning group;

(ivb) the National Health Service Commissioning Board;

(ivc) the National Institute for Health and Care Excellence;

(ivd) the Health and Social Care Information Centre;”, and

(iii) omit paragraph (d) (but not the “and” following it).

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”, and

(e) after paragraph (1)(h) insert—

“(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”, and

(f) in paragraph (3)(a)—

(i) after “his being” insert “ (i) ”, and

(ii) for “or a health service body;” substitute—

“, a health service body (other than a clinical commissioning group) or a former health service body, or

(ii) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M154 S.R. 2009/93.

The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009 U.K.

137.—(1) The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009 M155 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “charity trustee” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraphs (i) and (ii),

(ii) in paragraph (a), after sub-paragraph (iv) insert—

“(iva) a clinical commissioning group;

(ivb) the National Health Service Commissioning Board;

(ivc) the National Institute for Health and Care Excellence;

(ivd) the Health and Social Care Information Centre;”, and

(iii) omit paragraph (d).

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”, and

(e) after paragraph (1)(h) insert—

“(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”, and

(f) in paragraph (3)(a)—

(i) after “his being” insert “ (i) ”, and

(ii) for “or a health service body;” substitute—

“, a health service body (other than a clinical commissioning group) or a former health service body, or

(ii) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M155 S.R. 2009/95.

The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009 U.K.

138.—(1) The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009 M156 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “charity trustee” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraphs (i) and (iii),

(ii) in paragraph (a), after sub-paragraph (iv) insert—

“(iva) a clinical commissioning group;

(ivb) the National Health Service Commissioning Board;

(ivc) the National Institute for Health and Care Excellence;

(ivd) the Health and Social Care Information Centre;”, and

(iii) omit paragraph (d).

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”,

(e) after paragraph (1)(h) insert—

“(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”, and

(f) in paragraph (3)(i)—

(i) after “his being” insert “ (a) ”, and

(ii) for “or a health service body;” substitute—

“, a health service body (other than a clinical commissioning group) or a former health service body, or

(b) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M156 S.R. 2009/97.

The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009 U.K.

139.—(1) The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009 M157 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “charity trustee” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraphs (i) and (iii),

(ii) in paragraph (a), after sub-paragraph (iv) insert—

“(iva) a clinical commissioning group;

(ivb) the National Health Service Commissioning Board;

(ivc) the National Institute for Health and Care Excellence;

(ivd) the Health and Social Care Information Centre;”, and

(iii) omit paragraph (d).

(3) In regulation 3 (disqualification for appointment)—

(a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”,

(e) after paragraph (1)(h) insert—

“(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”, and

(f) in paragraph (3)(a)—

(i) after “his being” insert “ (i) ”,

(ii) after “health service body” insert “ (other than a clinical commissioning group), a former health service body, ”, and

(iii) after “health and social care body;” insert—

“or

(ii) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M157 S.R. 2009/98.

The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 U.K.

140.  In regulation 39(6)(e)(iv) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 M158 (general qualifying conditions for grants for living and other costs), for “of section 28(6)” substitute “ given by section 275(1) ”.

Marginal Citations

M158 S.R. 2009/373, to which there are amendments not relevant to this Order.

The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 U.K.

141.—(1) The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 M159 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “dental practitioner” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraphs (i) and (iii), and

(ii) in paragraph (a), after sub-paragraph (iv) insert—

“(iva) a clinical commissioning group;

(ivb) the National Health Service Commissioning Board;

(ivc) the National Institute for Health and Care Excellence;

(ivd) the Health and Social Care Information Centre;”, and

(iii) omit paragraph (d).

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “or a health service body” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body ”,

(e) after paragraph (1)(h) insert—

“(ha) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”, and

(f) in paragraph (4)(a)—

(i) after “his being” insert “ (i) ”, and

(ii) for “or a health service body;” substitute—

“, a health service body (other than a clinical commissioning group) or a former health service body, or

(ii) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M159 S.R. 2009/395.

The Private Water Supplies (Wales) Regulations 2010 U.K.

F4 142.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 142 revoked (20.11.2017) by The Private Water Supplies (Wales) Regulations 2017 (S.I. 2017/1041), regs. 1(1), 24(2) (with reg. 3)

The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 U.K.

143.—(1) The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 M160 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “the Act”, insert—

““the Board” means the National Health Service Commissioning Board;”,

(b) in the definition of “contractor”—

(i) in paragraph (a), for “a Primary Care Trust” substitute “ the Board ”, and

(ii) in paragraph (b), for the brackets and the words within the brackets substitute “ other than the Board; ”, and

(c) omit the definition of “relevant body” and the “and” immediately preceding it.

(3) In regulation 3(2) (directions in respect of GMS contract disputes)—

(a) for “the Primary Care Trust”, in each place where it occurs, substitute “ the Board ”, and

(b) for “a Primary Care Trust” substitute “ the Board ”.

(4) In regulation 4(2) (directions in respect of PMS agreement disputes)—

(a) for “the relevant body”, in each place where it occurs, substitute “ the Board ”, and

(b) for “a relevant body” substitute “ the Board ”.

(5) In regulation 5(2) (directions in respect of GDS contract disputes)—

(a) for “the Primary Care Trust”, in each place where it occurs, substitute “ the Board ”, and

(b) for “a Primary Care Trust” substitute “ the Board ”.

(6) In regulation 6(2) (directions in respect of PDS agreement disputes), for “the relevant body”, in each place where it occurs, substitute “ the Board ”.

(7) In regulation 7(2) (directions in respect of GOS contract disputes)—

(a) for “the PCT”, in each place where it occurs, substitute “ the Board ”,

(b) for “the Primary Care Trust” substitute “ the Board ”, and

(c) for “a Primary Care Trust” substitute “ the Board ”.

Marginal Citations

M160 S.I. 2010/76.

The Pharmacy Order 2010 U.K.

144.—(1) The Pharmacy Order 2010 M161 is amended as follows.

(2) In article 66(3) (rules), in sub-paragraph (a), for “Primary Care Trusts” substitute “ the National Health Service Commissioning Board ”.

(3) In Schedule 1 (constitution of the General Pharmaceutical Council), in paragraph 1 (membership: general), omit sub-paragraphs (4) and (5).

Marginal Citations

M161 S.I. 2010/231, to which there are amendments not relevant to this Order.

The Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010 U.K.

145.—(1) The English text of the Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010 M162 is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Chief Officer” (“Prif Swyddog”) insert—

““clinical commissioning group” (“grŵp comisiynu clinigol”) means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

(i) omit “Strategic Health Authority,”, and

(ii) for “, NHS Trust or Primary Care Trust” substitute “ or NHS Trust ”,

(c) omit the definition of “relevant Primary Care Trust” (“Ymddiriedolaeth Gofal Sylfaenol berthnasol”), and

(d) omit the definition of “relevant Strategic Health Authority” (“Awdurdod Iechyd Strategol perthnasol”).

(3) In regulation 12(1) (disqualification for membership)—

(a) in sub-paragraph (a), after “relevant health service body” insert “ or the National Health Service Commissioning Board ”,

(b) after that sub-paragraph insert—

“(aa) is the chair or a member of the governing body of a clinical commissioning group;”,

(c) in sub-paragraph (b), after “relevant health service body” insert “ , a clinical commissioning group or the National Health Service Commissioning Board ”, and

(d) in sub-paragraph (h), after “health service body” insert “ , Primary Care Trust, Strategic Health Authority, clinical commissioning group or the National Health Service Commissioning Board ”.

(4) In regulation 29(1) (entry and inspection of premises)—

(a) omit sub-paragraph (b), and

(b) omit sub-paragraph (e).

(5) The Welsh text of the Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010 is amended as follows.

(6) In regulation 2 (dehongli)—

(a) after the definition of “Gorchymyn Sefydlu Cynghorau Iechyd Cymuned 2010” (“the Community Health Councils Establishment Order 2010”) insert—

“ystyr “grŵp comisiynu clinigol” (“clinical commissioning group”) yw corff a sefydlwyd o dan adran 14D o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”,

(b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

(i) omit “Awdurdod Iechyd Strategol,”, and

(ii) for “, Ymddiriedolaeth GIG neuYmddiriedolaeth Gofal Sylfaenol” substitute “ neu Ymddiriedolaeth GIG ”,

(c) omit the definition of “Ymddiriedolaeth Gofal Sylfaenol berthnasol” (“relevant Primary Care Trust”), and

(d) omit the definition of “Awdurdod Iechyd Strategol perthnasol” (“relevant Strategic Health Authority”).

(7) In regulation 12(1) (anghymwyso rhag bod yn aelod)—

(a) in sub-paragraph (a), after “gorff gwasanaeth iechyd perthnasol” insert “neu o Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”,

(b) after that sub-paragraph insert—

“(aa) yn gadeirydd neu'n aelod o gorff llywodraethu grŵp comisiynu clinigol;”,

(c) in sub-paragraph (b), after “gorff gwasanaeth iechyd perthnasol” insert “, grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

(d) in sub-paragraph (f), after “chorff gwasanaeth iechyd” insert “, Ymddiriedolaeth Gofal Sylfaenol, Awdurdod Iechyd Strategol, grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

(8) In regulation 29(1) (mynd i mewn i fangreoedd a'u harchwilio)—

(a) omit sub-paragraph (b), and

(b) omit sub-paragraph (d).

Marginal Citations

M162 S.I. 2010/288 (W. 37).

The Children's Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010 U.K.

146.  In regulation 2 of the Children's Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010 M163 (prescribed relevant partners for the purposes of section 12A(4) of the Children Act 1989), for “A Strategic Health Authority is” substitute “ A clinical commissioning group and the National Health Service Commissioning Board are each ”.

Marginal Citations

M163 S.I. 2010/590.

The Health Protection (Part 2A Orders) Regulations 2010 U.K.

147.—(1) The Health Protection (Part 2A Orders) Regulations 2010 M164 are amended as follows.

(2) In regulation 10 (duty on local authorities to report Part 2A applications to the Health Protection Agency)—

(a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”, and

(b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England, an executive agency of the Department of Health, ”.

(3) In regulation 11 (duty on local authorities to report variations or revocations of Part 2A Orders to the Health Protection Agency)—

(a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”, and

(b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England, an executive agency of the Department of Health, ”.

Marginal Citations

M164 S.I. 2010/658.

The Health Protection (Notification) Regulations 2010 U.K.

148.—(1) The Health Protection (Notification) Regulations 2010 M165 are amended as follows.

(2) In regulation 1 (citation, commencement and application), after paragraph (2) insert—

“(3) In these Regulations, “Public Health England” means the executive agency of the Department of Health known as Public Health England.”

(3) In regulation 4 (duty to notify causative agents found in human samples)—

(a) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England ”, and

(b) in paragraph (6), for “the Health Protection Agency” substitute “ Public Health England ”.

(4) In regulation 5 (duty to provide information to the Health Protection Agency)—

(a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”,

(b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England ”,

(c) in paragraph (2), for “The Health Protection Agency” substitute “ Public Health England ”,

(d) in paragraph (5), for “the Health Protection Agency” substitute “ Public Health England ”, and

(e) in paragraph (6), for “the Health Protection Agency” substitute “ Public Health England ”.

(5) In regulation 6(2) (duty on the relevant local authority to disclose notification to others), for sub-paragraph (a) substitute—

“(a) Public Health England;”.

Marginal Citations

M165 S.I. 2010/659.

The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 U.K.

149.—(1) The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 M166 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “local authority” insert—

““relevant Local Healthwatch organisation” means a Local Healthwatch organisation for the area of a local authority in which there is situated—

(a)

in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility which would be managed by the NHS trust to be established, or

(b)

in any other case, any hospital or other establishment or facility managed by the NHS trust in respect of which the order is to be made;”,

(b) omit the definition of “local involvement network”, and

(c) omit the definition of “relevant local involvement network”.

(3) In regulation 2 (consultation relating to orders under section 25 of the Act and dissolution orders)—

(a) in paragraph (1), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

(b) in paragraph (5)(a), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

(c) in paragraph (5)(b), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”, and

(d) in paragraph (6), for “local involvement network” substitute “ Local Healthwatch organisation ”.

(4) In regulation 3 (consultation relating to transfer orders)—

(a) in paragraph (1)(a), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

(b) in paragraph (1)(b), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”, and

(c) in paragraph (2), for “local involvement network” substitute “ Local Healthwatch organisation ”.

(5) In regulation 4(3) (combined and joint consultations), for “each relevant local involvement network”, in each place where it occurs, substitute “ each relevant Local Healthwatch organisation ”.

Marginal Citations

M166 S.I. 2010/743, to which there is an amendment not relevant to this Order.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 U.K.

150.—(1) Schedule 2 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 M167 (regulated activities: general exceptions) is amended as follows.

(2) In paragraph 3(a)—

(a) for paragraph (i) substitute—

“(i) section 3A (power of clinical commissioning groups as to commissioning certain health services),”, and

(b) in paragraph (iii), for “Strategic Health Authorities” substitute “ the Board ”.

(3) In paragraph 13, for the words from “and services of a kind” to the end substitute “ , services of a kind which, if provided in pursuance of that Act, would be provided as pharmaceutical services or local pharmaceutical services under that Part or services provided, in pursuance of that Act, at or from premises that are a registered pharmacy (within the meaning given by section 74 of the Medicines Act 1968). ”

Marginal Citations

M167 S.I. 2010/781, to which there are amendments not relevant to this Order.

The Care Planning, Placement and Case Review (England) Regulations 2010 U.K.

151.  In regulation 13(2)(f) of the Care Planning, Placement and Case Review (England) Regulations 2010 M168 (notification of placement), for “the Primary Care Trust” substitute “ the National Health Service Commissioning Board and the clinical commissioning group ”.

Marginal Citations

M168 S.I. 2010/959, to which there are amendments not relevant to this Order.

The Water Supply (Water Quality) Regulations 2010 U.K.

F5 152.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 2 para. 152 revoked (15.6.2018) by The Water Supply (Water Quality) Regulations 2018 (S.I. 2018/647), reg. 1(1), Sch. 6

The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 U.K.

153.—(1) The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 M169 are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “the NIGB”.

(3) Omit regulation 5 (advice and assistance from NIGB).

Marginal Citations

M169 S.I. 2010/995.

The National Health Service (Direct Payments) Regulations 2010 U.K.

154.—(1) The National Health Service (Direct Payments) Regulations 2010 M170 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) omit the definition of “after-care PCT”,

(b) omit the definition of “after-care services”,

(c) after the definition of “child” insert—

““health body” means a clinical commissioning group, the National Health Service Commissioning Board, a local authority or the Secretary of State;”,

(d) after the definition of “patient” insert—

““pilot health body” means a health body in respect of which the Secretary of State has made a pilot scheme;”, and

(e) omit the definition of “pilot PCT”.

(3) In regulation 2 (Secretary of State's power to make a pilot scheme)—

(a) for paragraph (2) substitute—

“(2) The Secretary of State may make a pilot scheme in respect of a clinical commissioning group, the National Health Service Commissioning Board or a local authority only in response to a pilot proposal made in accordance with regulation 3, but such a pilot proposal is not required before the making of a pilot scheme in respect of the Secretary of State.”,

(b) omit paragraph (6), and

(c) for paragraph (7) substitute—

“(7) Where the Secretary of State has made a pilot scheme, the pilot health body may make direct payments in accordance with these Regulations.”

(4) In regulation 3 (pilot proposal for direct payments for health care)—

(a) in paragraph (1), for “Primary Care Trust which seeks to become a pilot PCT” substitute “ health body (other than the Secretary of State) which seeks to become a pilot health body ”,

(b) in paragraph (2)—

(i) for “pilot PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(ii) omit sub-paragraph (e), and

(c) in paragraph (4), for “Primary Care Trust” substitute “ health body ”.

(5) In regulation 4 (Secretary of State's powers in relation to a pilot scheme)—

(a) in paragraph (1), for “pilot PCT” substitute “ pilot health body ”,

(b) in paragraph (2), for “pilot PCT” substitute “ pilot health body ”,

(c) in paragraph (3), for “pilot PCT” substitute “ pilot health body (other than the Secretary of State) ”,

(d) in paragraph (4), for “pilot PCT” substitute “ pilot health body ”, and

(e) after paragraph (4) insert—

“(5) In a case where the pilot health body is the Secretary of State—

(a) paragraph (1) is to have effect as if the words “by a notice in writing to the pilot health body” were omitted, and

(b) paragraph (4) is to have effect as if the words “by notice in writing to the pilot health body” were omitted.”

(6) In regulation 5 (review of pilot schemes)—

(a) in paragraph (1)(b)—

(i) for “pilot PCT”, in the first place where it occurs, substitute “ pilot health body (other than the Secretary of State) ”, and

(ii) for “pilot PCT”, in the other places where it occurs, substitute “ pilot health body ”,

(b) in paragraph (5), for “pilot PCT” substitute “ pilot health body ”,

(c) in paragraph (7), for “pilot PCT” substitute “ pilot health body ”, and

(d) in paragraph (8), for “pilot PCT”, in each place where it occurs, substitute “ pilot health body ”.

(7) In regulation 7(1) (persons to whom a direct payment may be made), for sub-paragraph (a) substitute—

“(a) is a person for whose benefit anything may or must be provided or arranged by the pilot health body—

(i) under the National Health Service Act 2006, or

(ii) in the case of a clinical commissioning group or the National Health Service Commissioning Board, under any other enactment;”.

(8) In regulation 8 (direct payments in respect of children and persons who lack capacity)—

(a) in paragraph (1), for sub-paragraph (a) substitute—

“(a) is a person for whose benefit anything may or must be provided or arranged by the pilot health body—

(i) under the National Health Service Act 2006, or

(ii) in the case of a clinical commissioning group or the National Health Service Commissioning Board, under any other enactment;”,

(b) in paragraph (4), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(e) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(9) In regulation 9 (nominated person)—

(a) in paragraph (1), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (4), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(c) in paragraph (5)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(10) In regulation 10 (decision to make a direct payment)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (3), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (5), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (6), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (7), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(h) in paragraph (9), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(i) in paragraph (10), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(11) In regulation 11 (care plan and care co-ordinator)—

(a) in paragraph (1)—

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (3)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (4)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (6)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or the PCT” substitute “ pilot health body ”,

(e) in paragraph (7)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(f) in paragraph (8), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”.

(12) In regulation 12(1) (information, advice and other support), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”.

(13) In regulation 13 (conditions applying to the making of direct payments by the Secretary of State or an after-care PCT)—

(a) in the heading, for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”,

(b) in paragraph (1)—

(i) for “the Secretary of State or an after-care PCT”, in the first place where it occurs, substitute “ a pilot health body ”,

(ii) for “the Secretary of State or an after-care PCT”, in the second place where it occurs, substitute “ the pilot health body ”, and

(iii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (2), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (3), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (4)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”, and

(f) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(14) In regulation 14 (conditions to be complied with by the patient, representative or nominee)—

(a) in paragraph (3), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(b) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(c) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(f) in paragraph (9)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(15) In regulation 15(c) (provision of information), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”.

(16) In regulation 16 (amount of direct payment)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(c) in paragraph (3), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(e) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(17) In regulation 17 (monitoring and review of direct payments)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(c) in paragraph (3), for “Secretary of State or an after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or an after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (5), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (6), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(h) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(i) in paragraph (9), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(j) in paragraph (10), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(k) in paragraph (11), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(l) in paragraph (12), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(18) In regulation 18 (repayment of direct payments)—

(a) in paragraph (1)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (2)—

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (4), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (5), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(f) in paragraph (7), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(19) In regulation 19(1) (recovery of amounts due as a civil debt), for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”.

(20) In regulation 20 (stopping direct payments)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(c) in paragraph (3)—

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (7), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (8), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(h) in paragraph (9), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

Marginal Citations

M170 S.I. 2010/1000, to which there are amendments not relevant to this Order.

The Town and Country Planning (Development Management Procedure) (England) Order 2010 U.K.

F6 155.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 para. 155 revoked (15.4.2015) by The Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595), art. 1(1), Sch. 9 (with art. 1(3)(4), 47)

The Family Procedure Rules 2010 U.K.

156.  In rule 12.3 of the Family Procedure Rules 2010 M171 (who the parties are)—

(a) in paragraph (1), in the table, in the entry relating to a secure accommodation order, in column 2—

(i) for “Primary Care Trust,” substitute “ Secretary of State, National Health Service Commissioning Board, clinical commissioning group, ”, and

(ii) after “providing” insert “ or arranging ”, and

(b) in paragraph (5), for “ “Primary Care Trust”” substitute “ “clinical commissioning group” ”.

Marginal Citations

M171 S.I. 2010/2955, to which there are amendments not relevant to this Order.

The National Health Service (General Dental Services) (Scotland) Regulations 2010 U.K.

157.  In regulation 2(1) of the National Health Service (General Dental Services) (Scotland) Regulations 2010 M172 (interpretation), in the definition of “equivalent body”—

(a) in paragraph (a), for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

(b) after paragraph (c) insert—

“(ca) in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England;”.

Marginal Citations

M172 S.S.I. 2010/208, to which there are amendments not relevant to this Order.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 U.K.

158.  In Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 M173 (radiological emergencies), in paragraph 4(2)(d), for “Health Protection Agency pursuant to its functions under section 3 of the Health Protection Agency Act 2004” substitute “ Department of Health, Social Services and Public Safety in Northern Ireland pursuant to its functions under section 58 of the Health and Social Care Act 2012 ”.

Marginal Citations

M173 S.R. 2010/160, to which there are amendments not relevant to this Order.

The Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010 U.K.

159.  In regulation 16(b) of the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2006 M174 (duty to have regard to guidance), for “National Clinical Assessment Service division of the National Patient Safety Agency” substitute “ the National Health Service Litigation Authority ”.

Marginal Citations

M174 S.R. 2010/222.

The Fostering Services (England) Regulations 2011 U.K.

160.—(1) The Fostering Services (England) Regulations 2011 M175 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “children's guide” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In Schedule 7 (events and notifications), in the table—

(a) in the column relating to an area authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

(b) in the column relating to a Primary Care Trust—

(i) for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”, and

(ii) in the row relating to the outbreak of any infectious disease, omit “yes”.

Marginal Citations

M175 S.I. 2011/581, to which there are amendments not relevant to this Order.

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 U.K.

161.—(1) The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 M176 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the 2000 Act” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 7(1)(c) (notification of arrangements), for “the Primary Care Trust” substitute “ the National Health Service Commissioning Board and the clinical commissioning group ”.

Marginal Citations

M176 S.I. 2011/582, to which there are amendments not relevant to this Order.

The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 U.K.

162.—(1) In the English text of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 M177 , in regulation 34(1) (interpretation)—

(a) omit sub-paragraphs (a) and (b), and

(b) after sub-paragraph (c) insert—

“(ca) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(cb) the National Health Service Commissioning Board;

(cc) a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);”.

(2) In the Welsh text of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, in regulation 34(1) (dehongli)—

(a) omit sub-paragraphs (a) and (b), and

(b) after sub-paragraph (c) insert—

“(ca) grŵp comisiynu clinigol a sefydlwyd o dan adran 14D o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;

(cb) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol;

(cc) awdurdod lleol (o fewn ystyr adran 2B o Ddeddf Iechyd Gwladol 2006) sy'n gweithredu i arfer swyddogaethau iechyd y cyhoedd (o fewn ystyr y Ddeddf honno);”.

Marginal Citations

M177 S.I. 2011/704 (W. 108), to which there are amendments not relevant to this Order.

The Accounts and Audit (England) Regulations 2011 U.K.

F7 163.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 para. 163 revoked (1.4.2015) by The Accounts and Audit Regulations 2015 (S.I. 2015/234), reg. 1(1), Sch. 2 (with regs. 1(3), 22(2))

The National Health Service (Charges to Overseas Visitors) Regulations 2011 U.K.

F8 164.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 para. 164 revoked (6.4.2015) by The National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238), reg. 1, Sch. 4 (with reg. 27)

The Education (Student Support) Regulations 2011 U.K.

165.  In regulation 38(7) of the Education (Student Support) Regulations 2011 M178 (general qualifying conditions for grants for living and other costs)—

(a) in sub-paragraph (a), for “primary care trust” substitute “ clinical commissioning group ”,

(b) after sub-paragraph (b) insert—

“(ba) unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);”, and

(c) in sub-paragraph (e), for paragraph (i) substitute—

“(i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia) the National Health Service Commissioning Board;

(ib) the National Institute for Health and Care Excellence;

(ic) the Health and Social Care Information Centre;”.

Marginal Citations

M178 S.I. 2011/1986, to which there are amendments not relevant to this Order.

The Equality Act 2010 (Specific Duties) Regulations 2011 U.K.

166.  In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011 M179 (public authorities required to publish information by 31st January 2012)—

(a) after the entry beginning “An NHS trust” insert—

“A clinical commissioning group established under section 14D of that Act.

The National Health Service Commissioning Board.

The National Institute for Health and Care Excellence.

The Health and Social Care Information Centre.”,

(b) omit the entry beginning “A Primary Care Trust”, and

(c) omit the entry beginning “A Strategic Health Authority”.

Marginal Citations

M179 S.I. 2011/2260, to which there are amendments not relevant to this Order.

The Health Research Authority Regulations 2011 U.K.

167.—(1) In regulation 1(2) of Health Research Authority Regulations 2011 M180 (interpretation), in the definition of “health service body”, after paragraph (e) insert—

“(ea) the National Institute for Health and Care Excellence;

(eb) the Health and Social Care Information Centre;”.

(2) This paragraph applies in relation to England only.

Marginal Citations

M180 S.I. 2011/2341, to which there are amendments not relevant to this Order.

The Neighbourhood Planning (General) Regulations 2012 U.K.

168.  In Schedule 1 to the Neighbourhood Planning (General) Regulations 2012 M181 (consultation bodies), in paragraph 1(l), for paragraph (i) substitute—

“(i) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ia) the National Health Service Commissioning Board;”.

Marginal Citations

M181 S.I, 2012/637.

The Town and Country Planning (Local Planning) (England) Regulations 2012 U.K.

169.—(1) The Town and Country Planning (Local Planning) (England) Regulations 2012 M182 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “specific consultation bodies”, in paragraph (j), for sub-paragraph (i) substitute—

“(i) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ia) the National Health Service Commissioning Board;”.

(3) In regulation 4(1) (duty to co-operate), for sub-paragraph (g) substitute—

“(g) each clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ga) the National Health Service Commissioning Board;”.

Marginal Citations

M182 S.I. 2012/767, to which there are amendments not relevant to this Order.

The National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 U.K.

170.  In article 3(1)(b)(iii) of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 M183 (functions of the Authority)—

(a) omit “Primary Care Trusts,”, and

(b) for “, Special Health Authorities and Strategic Health Authorities” substitute “ and Special Health Authorities ”.

Marginal Citations

M183 S.I. 2012/901.

The National Health Service Trust Development Authority Regulations 2012 U.K.

171.—(1) The National Health Service Trust Development Authority Regulations 2012 M184 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (e) insert—

“(ea) the National Institute for Health and Care Excellence;

(eb) the Health and Social Care Information Centre;”.

(3) In regulation 3(1)(j) (disqualification for appointment)—

(a) after paragraph (ii) insert—

“(iia) the National Institute for Health and Care Excellence,

(iib) the Health and Social Care Information Centre,”, and

(b) omit paragraph (iii) (together with the “or” following it).

(4) This paragraph applies in relation to England only.

Marginal Citations

M184 S.I. 2012/922, to which there are amendments not relevant to this Order.

The Local Authorities (Committee System) (England) Regulations 2012 U.K.

172.—(1) The Local Authorities (Committee System) (England) Regulations 2012 M185 are amended as follows.

(2) In regulation 4 (overview and scrutiny committees)—

(a) in paragraph (3)—

(i) omit sub-paragraph (a), and

(ii) omit sub-paragraph (b) (together with the “or” following it), and

(b) for paragraph (5) substitute—

“(5) An overview and scrutiny committee of a local authority may not discharge any functions other than—

(a) its functions under this Part,

(b) its functions under section 19 of the 2006 Act (local authority scrutiny of crime and disorder matters), or

(c) any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).”

(3) In regulation 9(6) (relevant partner authorities: reports and recommendations)—

(a) after sub-paragraph (a) insert—

“(aa) a clinical commissioning group;

(ab) the National Health Service Commissioning Board; or”, and

(b) omit sub-paragraph (c) and the “or” immediately preceding it.

Marginal Citations

M185 S.I. 2012/1020.

The Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 U.K.

173.—(1) The English text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 M186 is amended as follows.

(2) In regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), after “means” insert “ a clinical commissioning group, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

(3) In the Schedule (eligibility requirements), in paragraph 1 (general requirements)—

(a) in sub-paragraph (2)—

(i) omit the “or” at the end of paragraph (c),

(ii) in paragraph (d), after “health service body”, in the first place where it occurs, insert “ (other than a clinical commissioning group) ”, and

(iii) after paragraph (d) insert—

“or

(e) has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”, and

(b) in sub-paragraph (4), after “health service body” insert “ (other than a clinical commissioning group), or of having held the position of chair or member of the governing body of a clinical commissioning group ”.

(4) The Welsh text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 is amended as follows.

(5) In regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “yw” insert “grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol, y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol,”.

(6) In the Schedule (gofynion cymhwystra), in paragraph 1 (gofynion cyffredinol)—

(a) in sub-paragraph (2)—

(i) omit the “neu” at the end of paragraph (c),

(ii) in paragraph (d), after “gorff gwasanaeth iechyd”, insert “ (ac eithrio grŵp comisiynu clinigol) ”, and

(iii) after paragraph (d) insert—

“neu

(e) wedi ei ddiswyddo fel cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol.”, and

(b) in sub-paragraph (4), after “corff gwasanaeth iechyd” insert “ (ac eithrio grŵp comisiynu clinigol), neu oherwydd iddo ddal swydd cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol ”.

Marginal Citations

M186 S.I. 2012/1261 (W. 156).

The Health Education England Regulations 2012 U.K.

174.—(1) In regulation 1(2) of the Health Education England Regulations 2012 M187 (interpretation), in the definition of “health service body”, after paragraph (e) insert—

“(ea) the National Institute for Health and Care Excellence;

(eb) the Health and Social Care Information Centre;”.

(2) This paragraph applies in relation to England only.

Marginal Citations

M187 S.I. 2012/1290, to which there are amendments not relevant to this Order.

The National Health Service (Clinical Commissioning Groups) Regulations 2012 U.K.

175.—(1) The National Health Service (Clinical Commissioning Groups) Regulations 2012 M188 are amended as follows.

(2) In Schedule 4 (individuals excluded from being lay members of CCG governing bodies)—

(a) in paragraph 3, for “an NHS foundation trust or a Primary Care Trust” substitute “ or an NHS foundation trust ”,

(b) omit paragraph 5, and

(c) after paragraph 9 insert—

“9A.   A member or employee of the National Institute for Health and Care Excellence.

9B.   A member or employee of the Health and Social Care Information Centre.”

(3) In Schedule 5 (individuals disqualified from membership of CCG governing bodies), in paragraph 6(1), after paragraph (m) insert—

“(ma) the National Institute for Health and Care Excellence,

(mb) the Health and Social Care Information Centre,”.

Marginal Citations

M188 S.I. 2012/1631.

The Human Medicines Regulations 2012 U.K.

176.—(1) The Human Medicines Regulations 2012 M189 are amended as follows.

(2) In regulation 213(1) (interpretation)—

(a) before the definition of “the Common Services Agency” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “health authority”, omit paragraph (a),

(c) omit the definition of “Health Protection Agency”,

(d) after the definition of “independent medical agency” insert—

““local authority” has the same meaning as in section 2B of the National Health Service Act 2006;”,

(e) in the definition of “NHS body”—

(i) after paragraph (c) insert—

“(ca) a clinical commissioning group;

(cb) the National Health Service Commissioning Board;”, and

(ii) omit paragraph (d), and

(f) omit the definition of “Primary Care Trust”.

(3) In regulation 229 (exemption for supply by national health service bodies)—

(a) in the heading, after “bodies” insert “ and local authorities ”,

(b) after paragraph (1)(d) insert—

“(da) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006); or”,

(c) omit paragraph (1)(e) (together with the “or” following it), and

(d) in paragraph (1)(f)—

(i) after “arrangement with” insert “ a clinical commissioning group, the National Health Service Commissioning Board or ”, and

(ii) for “to (e)” substitute “ to (da) ”.

(4) In regulation 230(6)(a) (exemption for supply etc under a PGD to assist doctors or dentists), for “or Primary Care Trust” substitute “ , local authority or National Health Service Commissioning Board ”.

(5) In regulation 233 (exemption for supply etc under a PGD by person conducting a retail pharmacy business)—

(a) in paragraph (1)(a)—

(i) after paragraph (iv) insert—

“(iva) a clinical commissioning group,

(ivb) the National Health Service Commissioning Board,

(ivc) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006),”, and

(ii) omit paragraph (v), and

(b) in paragraph (5)(a), for “to (v)” substitute “ to (ivc) ”.

(6) In regulation 247 (exemption for supply in the event or anticipation of pandemic disease)—

(a) in paragraph (3)(a), for “, an NHS body or the Health Protection Agency” substitute “ or an NHS body ”, and

(b) after sub-paragraph (3) insert—

“(4) A function of the Ministers under this regulation may be exercised by either of them acting alone or both of them acting jointly (and the reference in this regulation to “the Ministers” is to be read accordingly).”

(7) In Schedule 16 (patient group directions), in the table in Part 2—

(a) after the row relating to an NHS trust or NHS foundation trust insert—

“Local authority	The Chief Executive or Director of Public Health of the local authority”

(b) omit the row relating to a Primary Care Trust,

(c) in the last row, in column 1—

(i) after paragraph (d) insert—

“(da) a clinical commissioning group;

(db) the National Health Service Commissioning Board;

(dc) a local authority; or”, and

(ii) omit paragraph (f) and the “or” immediately preceding it.

(d) in the last row, in column 2—

(i) after paragraph (c) insert—

“(ca) a clinical commissioning group,

(cb) the National Health Service Commissioning Board,

(cc) a local authority, or”, and

(ii) omit paragraph (e) and the “or” immediately preceding it.

(8) In Schedule 22 (classes of person for the purposes of regulation 249)—

(a) after the entry relating to an NHS Foundation trust insert—

“A local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006).”,

(b) omit the entry relating to a Primary Care Trust, and

(c) in the entry which follows the entry relating to a Primary Care Trust—

(i) after paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;

(bc) a local authority; or”, and

(ii) omit paragraph (d) and the “or” immediately preceding it.

Marginal Citations

M189 S.I. 2012/1916.

The Nursing and Midwifery Council (Midwives) Rules 2012 U.K.

177.—(1) The Nursing and Midwifery Council (Midwives) Rules 2012 M190 are amended as follows.

(2) In rule 4 (notifications by local supervising authority)—

(a) in paragraph (1), for “A local supervising authority” substitute “ Each local supervising authority in Wales, Scotland or Northern Ireland ”, and

(b) after paragraph (1), insert—

“(1A) The local supervising authority in England must publish—

(a) the name and address of each of its midwifery officers to one of whom a notice under rule 3(2) or (3) is to be submitted;

(b) the date by which a midwife must give notice under rule 3(3).”

(3) In rule 7 (the local supervising authority midwifery officer)—

(a) in paragraph (1), for “Each local supervising authority” substitute “ Each local supervising authority in Wales, Scotland or Northern Ireland ”,

(b) after paragraph (1) insert—

“(1A) The local supervising authority in England must, in accordance with any standards set by the Council under article 43(3) of the Order, appoint an adequate number of midwifery officers who satisfy the relevant qualifications and who are to be responsible for exercising its functions in relation to the supervision of midwives practising in its area.”, and

(c) in paragraph (2), for “Those relevant qualifications” substitute “ The relevant qualifications mentioned in paragraphs (1) and (1A) ”.

Marginal Citations

M190 The Rules are Scheduled to the Nursing and Midwifery (Midwives) Rules Order of Council 2012 (S.I. 2012/3025).

The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012 U.K.

178.—(1) The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012 M191 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “education and library board” insert—

““former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;”, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraph (i),

(ii) in paragraph (a), after sub-paragraph (ii) insert—

“(iia) a clinical commissioning group;

(iib) the National Health Service Commissioning Board;

(iic) the National Institute for Health and Care Excellence;

(iid) the Health and Social Care Information Centre;”, and

(iii) in paragraph (a), omit sub-paragraph (iii), and

(iv) omit paragraph (d).

(3) In regulation 5 (disqualification for appointment)—

(a) in paragraph (1)(b), after “health service body,” insert “ a former health service body, ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(c) after paragraph (1)(f) insert—

“(fa) is the chair or a member of the governing body of a clinical commissioning group; ”,

(d) in paragraph (1)(h), for “health service body,” substitute “ health service body (other than a clinical commissioning group), a former health service body ”, and

(e) after paragraph (1)(h) insert—

“(ha) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”, and

(f) in paragraph (3)(a)—

(i) after “his being” insert “ (i) ”,

(ii) for “health service body,” substitute “ health service body (other than a clinical commissioning group), a former health service body ”, and

(iii) after “regulatory person or body;” insert—

“or

(ii) the chair or a member of the governing body of a clinical commissioning group;”.

Marginal Citations

M191 S.R. 2012/324.

PART 2 U.K. Instruments revoked

The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 U.K.

179.  The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 M192 is revoked.

Marginal Citations

M192 S.I. 1999/220.

The National Institute for Clinical Excellence Regulations 1999 U.K.

180.  The National Institute for Clinical Excellence Regulations 1999 M193 are revoked.

Marginal Citations

M193 S.I. 1999/260.

The National Institute for Clinical Excellence (Amendment) Regulations 1999 U.K.

181.  The National Institute for Clinical Excellence (Amendment) Regulations 1999 M194 are revoked.

Marginal Citations

M194 S.I. 1999/2218.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 U.K.

182.  The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 M195 is revoked.

Marginal Citations

M195 S.I. 1999/2219.

The National Patient Safety Agency Regulations 2001 U.K.

183.  The National Patient Safety Agency Regulations 2001 M196 are revoked.

Marginal Citations

M196 S.I. 2001/1742.

The National Institute for Clinical Excellence (Amendment) Regulations 2002 U.K.

184.  The National Institute for Clinical Excellence (Amendment) Regulations 2002 M197 are revoked.

Marginal Citations

M197 S.I. 2002/1759.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002 U.K.

185.  The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002 M198 is revoked.

Marginal Citations

M198 S.I. 2002/1760.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 U.K.

186.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 M199 are revoked.

Marginal Citations

M199 S.I. 2002/2375.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003 U.K.

187.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003 M200 are revoked.

Marginal Citations

M200 S.I. 2003/1497.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005 U.K.

188.  The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005 M201 is revoked.

Marginal Citations

M201 S.I. 2005/497.

The National Institute for Clinical Excellence (Amendment) Regulations 2005 U.K.

189.  The National Institute for Clinical Excellence (Amendment) Regulations 2005 M202 are revoked.

Marginal Citations

M202 S.I. 2005/498.

The Health and Social Care Information Centre (Establishment and Constitution) Order 2005 U.K.

190.  The Health and Social Care Information Centre (Establishment and Constitution) Order 2005 M203 is revoked.

Marginal Citations

M203 S.I. 2005/499.

The Health and Social Care Information Centre Regulations 2005 U.K.

191.  The Health and Social Care Information Centre Regulations 2005 M204 are revoked.

Marginal Citations

M204 S.I. 2005/500.

The NHS Institute for Innovation and Improvement Regulations 2005 U.K.

192.  The NHS Institute for Innovation and Improvement Regulations 2005 M205 are revoked.

Marginal Citations

M205 S.I. 2005/1447.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006 U.K.

193.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006 M206 are revoked.

Marginal Citations

M206 S.I. 2006/359.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007 U.K.

194.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007 M207 are revoked.

Marginal Citations

M207 S.I. 2007/559.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007 U.K.

195.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007 M208 are revoked.

Marginal Citations

M208 S.I. 2007/1818.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008 U.K.

196.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008 M209 are revoked.

Marginal Citations

M209 S.I. 2008/224.

The Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008 U.K.

197.  The Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008 M210 is revoked.

Marginal Citations

M210 S.I. 2008/519.

The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No. 2) Regulations 2008 U.K.

198.  The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No. 2) Regulations 2008 M211 are revoked.

Marginal Citations

M211 S.I. 2008/2677.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009 U.K.

199.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009 M212 are revoked.

Marginal Citations

M212 S.I. 2009/112.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010 U.K.

200.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010 M213 are revoked.

Marginal Citations

M213 S.I. 2010/405.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No. 2) Regulations 2010 U.K.

201.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No. 2) Regulations 2010 M214 are revoked.

Marginal Citations

M214 S.I. 2010/2649.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011 U.K.

202.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011 M215 are revoked.

Marginal Citations

M215 S.I. 2011/503.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2012 U.K.

203.  The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2012 M216 are revoked.

Marginal Citations

M216 S.I. 2012/417.

The National Patient Safety Agency (Amendment) Regulations 2012 U.K.

204.  The National Patient Safety Agency (Amendment) Regulations 2012 M217 are revoked.

Marginal Citations

M217 S.I. 2012/1425.

Article 12

SCHEDULE 3 U.K. Transitional and Saving Provisions

Elections relating to statutory sick pay U.K.

1.—(1) The amendments made by paragraph 15 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Sick Pay (National Health Service Employees) Regulations 1991 M218 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012 M219 .

Marginal Citations

M218 S.I. 1991/589. The relevant amending instrument is S.I. 2000/694.

M219 2012 c. 7.

Elections relating to statutory maternity pay U.K.

2.—(1) The amendments made by paragraph 16 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Maternity Pay (National Health Service Employees) Regulations 1991 M220 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Marginal Citations

M220 S.I. 1991/590. The relevant amending instrument is S.I. 2000/694.

Continuing effect of applications to court U.K.

3.  Any application in respect of a child to a court under section 25 of the Children Act 1989 made by a Primary Care Trust as a result of regulation 2 of the Children (Secure Accommodation) (No. 2) Regulations 1991 M221 is, so far as necessary for any purposes after 31st March 2013, to be treated as made by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) responsible for making arrangements for the provision of accommodation for the child.

Marginal Citations

M221 S.I. 1991/2034. Relevant amending instruments are S.I. 2000/694, S.I. 2002/546 and S.I. 2010/1172.

Special educational needs: unfulfilled requests for medical advice U.K.

4.  Any request for medical advice from a Primary Care Trust under regulation 7(1)(c) of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 M222 which remains unfulfilled immediately before 1st April 2013 must be fulfilled by the person (namely the National Health Service Commissioning Board or a clinical commissioning group) to whom the request would have been made had it been made after 31st March 2013.

Marginal Citations

M222 S.I. 2001/3455. The relevant amending instrument is S.I. 2002/2469.

Continuing validity of prescription forms U.K.

5.  Notwithstanding the amendments made by paragraphs 50 and 58 of Schedule 2, a prescription form provided by a Primary Care Trust for the purposes of private prescribing (which may also be used for the purposes of issuing a health prescription) is to continue to be valid for the purposes of—

(a) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations 2001 M223 , and

(b) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations (Northern Ireland) 2002 M224 .

Marginal Citations

M223 S.I. 2001/3998. The relevant amending instrument is S.I. 2006/1450.

M224 S.R. 2002/1. The relevant amending instrument is S.R. 2006/264.

Local supervising authority U.K.

6.—(1) So far as necessary for any purposes after 31st March 2013, any act or omission by or in relation to a Strategic Health Authority before 1st April 2013 in its capacity as a local supervising authority under or in connection with—

(a) article 43 of the Nursing and Midwifery Order 2001 M225 , or

(b) rules made under articles 42 and 43 of that Order,

is to be treated as an act or omission by or in relation to the National Health Service Commissioning Board in its capacity as such an authority.

(2) The amendment made by paragraph 51(1) and (3) of Schedule 2 does not affect the continuing validity or effect —

(a) of any appointment before 1st April 2013 of any person in accordance with rules made under articles 42 and 43 of the Nursing and Midwifery Order 2001, or

(b) of any act or omission done by or in relation to any such person in their capacity as such an appointee before 1st April 2013.

(3) In this paragraph, “local supervising authority” has the same meaning as in the Nursing and Midwifery Order 2001.

Marginal Citations

M225 S.I. 2002/253.

Elections relating to statutory paternity and statutory adoption pay U.K.

7.—(1) The amendments made by paragraph 56 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 M226 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Marginal Citations

M226 S.I. 2002/2819.

Continuing validity of medical cards U.K.

8.  Notwithstanding the amendments made by paragraphs 64(1) and (2)(c), 70(1) and (2)(b), 71(1) and (2)(b) and 75(1) and (2)(b) of Schedule 2, a medical card issued by a Primary Care Trust is to continue to be valid for the purposes of—

(a) the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 M227 ,

(b) the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 M228 ,

(c) [F9 the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018], and

(d) the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 M229 .

Textual Amendments

F9 Words in sch. 3 para. 8(c) substituted (S.) (1.4.2018) by The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67), reg. 1(2), sch. 8 para. 1(2)(a) (with reg. 2)

Marginal Citations

M227 S.I. 2004/478.

M228 S.S.I. 2004/115.

M229 S.R. 2004/140.

Duty to co-operate with complaints U.K.

9.  The amendment made by paragraph 64(1) and (8) of Schedule 2 does not affect the duty of a contractor under paragraph 95 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

10.  The amendment made by paragraph 70(1) and (3)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 87 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013. U.K.

11.   [F10 The absence of reference to ‘Primary Care Trusts’ from the definition of “NHS Body” in paragraph 55 of schedule 1 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 does not affect the duty of a provider under that paragraph to co-operate with any investigation of a complaint begun by a Primary Care Trust and which continues to be investigated after 31st March 2013]. U.K.

Textual Amendments

F10 Words in sch. 3 para. 11 substituted (S.) (1.4.2018) by The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67), reg. 1(2), sch. 8 para. 1(2)(b) (with reg. 2)

12.  The amendment made by paragraph 75(1) and (4)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 89 of Schedule 5 to the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013. U.K.

13.  The amendment made by paragraph 95(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 M230 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013. U.K.

Marginal Citations

M230 S.I. 2006/489, to which there are amendments not relevant to this Order.

14.  The amendment made by paragraph 96(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 M231 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013. U.K.

Marginal Citations

M231 S.I. 2006/490, to which there are amendments not relevant to this Order.

Continuing validity of nominations U.K.

15.  The amendments made by paragraph 66(1) and (2) of Schedule 2 do not affect the continuation of any person's nomination as a legal representative for the purposes of Schedule 1 to the Medicines for Human Use (Clinical Trials) Regulations 2004 M232 if that person was nominated by a Primary Care Trust or Strategic Health Authority.

Marginal Citations

M232 S.I. 2004/1031, to which there are amendments not relevant to this Order.

Continuing validity of guidance U.K.

16.  Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 15 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes.

17.  Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 14 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes. U.K.

Complaints under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 U.K.

18.  The amendments made by paragraph 123 of Schedule 2 do not affect the handling of any complaint which immediately before 1st April 2013 is being or is to be handled by a provider in accordance with regulation 7 of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 M233 .

Marginal Citations

M233 S.I. 2009/309, to which there are amendments not relevant to this Order

19.—(1) This paragraph applies to any complaint made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”) under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 which is still being handled by the predecessor body immediately before 1st April 2013. U.K.

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the Board must take over the handling of the complaint.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the group must take over the handling of the complaint.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006 M234 ), or to a service which after that date is provided under arrangements made by such an authority, the authority must take over the handling of the complaint as if the complaint had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 M235 .

Marginal Citations

M234 2006 c. 41.

M235 S.I. 2012/3094.

20.—(1) This paragraph applies to any complaint under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009— U.K.

(a) which falls to be made after 31st March 2013,

(b) which relates to anything occurring before 1st April 2013, and

(c) which if made before that date would have been made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”).

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the complaint must be made to the Board which shall deal with or handle it in accordance with those Regulations.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the complaint must be made to the group which shall deal with or handle it in accordance with those Regulations.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006), or to a service which after that date is provided under arrangements made by such an authority, the complaint must be made to the authority which shall deal with or handle the complaint as if it had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012.

21.  If a local authority— U.K.

(a) takes over the handling of a complaint in accordance with paragraph 19(4), or

(b) deals with or handles a complaint in accordance with paragraph 20(4),

regulation 29(2)(c) of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 is to have effect as if the reference to the right to take a complaint to a Local Commissioner under the Local Government Act 1974 M236 were a reference to the right to take a complaint to the Health Service Commissioner for England under the Health Service Commissioners Act 1993 M237 .

Marginal Citations

M236 1974 c. 7.

M237 1993 c. 46.

Continuing operation of pilot schemes U.K.

22.—(1) The amendments made by paragraph 154 of Schedule 2 do not affect the continuing operation after 31st March 2013 of any pilot scheme which has effect immediately before 1st April 2013.

(2) Any direct payment which but for that abolition could be payable under a pilot scheme by a Primary Care Trust after 31st March 2013 is to be payable by a successor body.

(3) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as an act or omission by or in relation to a successor body.

(4) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, a successor body.

(5) Any reference (however expressed) in a pilot scheme to a Primary Care Trust is, where appropriate, to be treated as a reference to a successor body.

(6) In the application of the Direct Payments Regulations to a pilot scheme which has continuing operation by virtue of sub-paragraph (1), any reference in those Regulations to a pilot health body is, where appropriate, to be treated as reference to a successor body.

(7) Where there is more than one successor body in relation to a Primary Care Trust in respect of which a pilot scheme has been made—

(a) sub-paragraphs (2) to (5) are to apply separately in relation to each successor body, and

(b) sub-paragraph (6), in its application to regulations 3 to 5 of the Direct Payments Regulations, is to have effect as if for “a successor body” there were substituted “ all of the successor bodies ”.

(8) In this paragraph—

“direct payment” means a direct payment under a pilot scheme;

“the Direct Payments Regulations” means the National Health Service (Direct Payments) Regulations 2010 M238 ;

“health body” means a clinical commissioning group, a local authority (within the meaning of section 2B of the National Health Service Act 2006 M239 ) or the National Health Commissioning Board;

“pilot scheme” means a pilot scheme under the Direct Payments Regulations;

“relevant function” means a power or duty to provide or arrange for the provision of anything to a person;

“successor body”, in relation to a Primary Care Trust in respect of which a pilot scheme has been made, means a health body whose relevant functions after 31st March 2013 are or include functions in respect of which, if criteria in the pilot scheme were met, direct payments under the scheme could be made.

Marginal Citations

M238 S.I. 2010/1000, to which there are amendments not relevant to this Order.

M239 Section 2B was inserted by section 12 of the Health and Social Care Act 2012 (c. 7).

Ongoing complaints: Wales U.K.

23.—(1) Sub-paragraph (2) applies if—

(a) arrangements by a Strategic Health Authority or Primary Care Trust with a Welsh NHS body falling within Part 7 of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 M240 , or

(b) liabilities under or in connection with such arrangements,

are transferred to a clinical commissioning group, the National Health Service Commissioning Board, a local authority (within the meaning of section 2B of the National Health Service Act 2006) or another person by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

(2) That group, Board, authority or person is to be responsible for any relevant functions under Part 7 of those Regulations that fall to be performed after 31st March 2013.

Marginal Citations

M240 S.I. 2011/704, to which there are amendments not relevant to this Order.

Unpaid service to be taken into account U.K.

24.  The amendments made by paragraph 165 of Schedule 2 are not to prevent unpaid service with a Primary Care Trust or Strategic Health Authority being taken into account for the purposes of regulation 38(6) of the Education (Student Support) Regulations 2011 M241 .

Marginal Citations

M241 S.I. 2011/1986, to which there are amendments not relevant to this Order.

Publication of public sector equality duty information and equality objectives U.K.

25.  In its application to a clinical commissioning group, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 2(2)(a) of the Equality Act 2010 (Specific Duties) Regulations 2011 M242 (publication of public sector equality duty information not later than 31st January 2012) is to have effect as if the reference to 31st January 2012 were a reference to 31st January 2014.

Marginal Citations

M242 S.I. 2011/2260, to which there are amendments not relevant to this Order.

26.  In its application to the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 3(2)(a) of those Regulations (publication of equality objectives not later than 6th April 2012) is to have effect as if the reference to 6th April 2012 were a reference to 6th April 2013. U.K.

27.  In its application to a clinical commissioning group, regulation 3(2)(a) of those Regulations is to have effect as if the reference to 6th April 2012 were a reference to 13th October 2013. U.K.

Continuing validity and effect of patient group directions U.K.

28.—(1) The amendments made by paragraph 176 of Schedule 2 do not affect the continuing validity or effect of any patient group direction (within the meaning of Part 12 of the Human Medicines Regulations 2012 M243 ) which has effect immediately before 1st April 2013.

(2) Any such patient group direction is to have effect until it expires or is replaced.

Marginal Citations

M243 S.I. 2012/1916.

Explanatory Note

(This note is not part of the Order)

This Order provides for the abolition of the National Treatment Agency (“the Agency”) and makes provision in consequence of the Health and Social Care Act 2012 (c. 7) (“the Act”).

Part 2 of the Order deals with the Agency, which was established by the National Treatment Agency (Establishment and Constitution) Order 2001, made under what is now section 28 of the National Health Service Act 2006 (“the 2006 Act”). Article 3 of the Order abolishes the Agency on 1st April 2013. Articles 4 and 5 make provision for the transfer of the staff, property and liabilities of the Agency. Article 6 makes provision for continuity and other matters relating to transfer. Articles 7 and 8 provide for the handling of complaints against the Agency, and the winding up of its affairs, after 1st April 2013. Article 9 and Schedule 1 make consequential revocations and amendments.

Part 3 of the Order makes consequential, transitional and saving provisions in relation to the Act. Article 10 deals with contracts and agreements entered into by Primary Care Trusts (“PCTs”) for the provision of primary medical or primary dental services which are still in existence and which are dealt with by the Orders listed in article 10(1). Article 10 ensures that, following the abolition of PCTs by section 34 of the Act, the National Health Service Commissioning Board (established by section 1H of the 2006 Act, as inserted by section 9 of the Act) will take on PCTs' responsibilities under such contracts.

Article 11 and Part 1 of Schedule 2 amend secondary legislation (including Wales, Scotland and Northern Ireland secondary legislation) in consequence of the Act. These provisions are in consequence in particular of certain aspects of the Act:

- the abolition of Strategic Health Authorities and PCTs by sections 33 and 34 of the Act;

- the establishment of the National Health Service Commissioning Board;

- the establishment of clinical commissioning groups under section 14D of the 2006 Act, as inserted by section 25 of the Act;

- the assumption by the Secretary of State and local authorities of new functions in relation to public health (see section 1H(5) of the 2006 Act, as inserted by section 9 of the Act);

- the abolition of the right of certain bodies to discharge patients under section 23 of the Mental Health Act 1983 (c. 20) by section 39 of the Act;

- the abolition of the Health Protection Agency (see section 56 of the Act);

- the amendments made to Part 14 of the Local Government and Public Involvement in Health Act 2007 (c. 28) by Part 5 of the Act to provide for Local Healthwatch organisations to take on the role of representing service users which was formerly discharged by local involvement networks;

- the changes made to the system of scrutiny of the health service by Part 5 of the Act including, in particular, amendments to section 244 of the 2006 Act to provide for health scrutiny functions to be conferred directly on local authorities;

- the abolition of two Special Health Authorities (the National Institute for Health and Clinical Excellence and the Health and Social Care Information Centre) and their replacement by two new non-Departmental Public Bodies (the National Institute for Health and Care Excellence – see Part 8 of, and Schedules 17 and 18 to, the Act, and the Health and Social Care Information Centre – see Chapter 2 of Part 9 of, and Schedules 18 and 19 to, the Act); and

- the abolition of certain other bodies by Part 10 of, and Schedule 20 to, the Act (the Alcohol Education and Research Council, the Appointments Commission, the National Information Governance Board for Health and Social Care, the National Patient Safety Agency and the NHS Institute for Innovation and Improvement).

Part 2 of Schedule 2 to the Order lists the statutory instruments which are revoked in their entirety in consequence of the Act. Schedule 3 to the Order makes transitional and saving provision in respect of certain of the consequential amendments made by Schedule 2.

A full impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act and a copy is available atwww.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583