The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

PART 1 E+W General

Citation, commencement and interpretation E+W

1.—(1) These Regulations may be cited as the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013, and come into force on 1st April 2013.

(2) In these Regulations—

“the 2006 Act” means the National Health Service Act 2006;

“the 2012 Act” means the Health and Social Care Act 2012;

F1 ...

F2 ...

[F3 “integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the 2006 Act.]

[F4 “ NHS England” means the body corporate established under section 1H of the 2006 Act.]

Textual Amendments

F1 Words in reg. 1(2) omitted (6.11.2023) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 60(2)(a)

F2 Words in reg. 1(2) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 61(2)(a)

F3 Words in reg. 1(2) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 61(2)(b)

F4 Words in reg. 1(2) inserted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 60(2)(b)

PART 2 E+W Exercise of EU functions by [F5 NHS England]

Textual Amendments

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

Interpretation of Part 2 E+W

F6 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

Exercise of functions E+W

F6 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

Procedure for applications E+W

F6 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

Time for determination of an application E+W

F6 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

Form and content of determination E+W

F6 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

CCGs E+W

F6 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

Applications made before 1st April 2013 E+W

F6 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)

PART 3 E+W Notification of births and deaths

Relevant bodies E+W

9.  The relevant bodies for the purposes of section 269(2) and (4) of the 2006 Act (special notices of births and deaths), are—

(a) [F7 NHS England];

(b) a local authority M1 whose area includes the whole or part of the registrar's sub-district; and

(c) [F8 an integrated care board] whose area coincides with or includes the whole or part of the registrar's sub-district.

Textual Amendments

F7 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F8 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

Marginal Citations

M1 See section 2B(5) of the 2006 Act inserted by section 12 of the 2012 Act for the meaning of local authority.

Manner and time for furnishing particulars E+W

10.—(1) The registrar must furnish the particulars of each birth and death entered in a register of births or deaths kept by the registrar for that sub-district, to each of the relevant bodies specified in regulation 9, by no later than 14 days from the date on which they are entered in that register.

(2) Particulars furnished under paragraph (1) must be provided in writing.

Person to whom particulars of birth or death are to be given E+W

11.  Particulars furnished under regulation 10 must be given, in the case of—

(a) [F9 NHS England], to a person nominated for these purposes by the chief executive of [F9 NHS England];

(b) a local authority, to the director of public health for the authority M2 ;

[F10 (c) an integrated care board, to a person nominated for these purposes by the chief executive of the integrated care board.]

Textual Amendments

F9 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F10 Reg. 11(c) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 61(3)

Marginal Citations

M2 By virtue of section 73A of the 2006 Act inserted by section 30 of the 2012 Act, each local authority must, acting jointly with the Secretary of State, appoint a director of public health.

Revocation E+W

12.  The National Health Service (Notification of Births and Deaths) Regulations 1982 M3 are revoked in relation to England.

Marginal Citations

M3 S.I. 1982/286.

PART 4 E+W [F8 Integrated care board] joint exercise of functions with Local Health Boards

Functions of [F8 an integrated care board] exercisable jointly with a Local Health Board E+W

13.  The functions of [F8 an integrated care board] exercisable under the provisions listed in the Schedule may, subject to such restrictions and conditions as the [F8 integrated care board] considers appropriate, be exercised jointly with a Local Health Board.

Joint committees of [F8 an integrated care board] and a Local Health Board E+W

14.  Any of the functions of [F8 an integrated care board] that may be exercisable by [F8 an integrated care board] jointly with a Local Health Board under regulation 13 may be exercised by a joint committee of the [F8 integrated care board] and the Local Health Board.

PART 5 E+W Staff transfer schemes

Prescribed public authorities E+W

15.  For the purposes of the seventh and sixteenth entries in column 2 of the Table in Schedule 23 to the 2012 Act (staff transfer schemes - permitted transferees), the prescribed public authorities exercising functions in relation to health are—

(a) a National Health Service trust established under section 25 of the 2006 Act (NHS Trusts); and

(b) an NHS foundation trust established under section 30 of the 2006 Act (NHS foundation trusts).

PART 6 E+W Mental health

Amendment of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 E+W

16.—(1) The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 M4 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “commissioning body” substitute—

““commissioning body” means a local social services authority whose area is in England;”; and

(b) for the definition of “section 130A functions” substitute—

““section 130A functions” means the functions under section 130A of the Act of a local social services authority whose area is in England.”.

(3) For regulation 3 (directions in respect of section 130A functions), substitute—

“3    Circumstances in which a person may be appointed to be an Independent Mental Health Advocate

(1) A commissioning body, in exercising section 130A functions, may enter into arrangements to appoint an individual to act as an IMHA only if the commissioning body is satisfied that the conditions set out in regulation 6 are satisfied.

(2) A commissioning body, in exercising section 130A functions, may enter into arrangements with a provider of advocacy services only if such arrangements include a term that the provider is satisfied that the conditions set out in regulation 6 are satisfied in respect of an individual made available by the provider to act as an IMHA.

(3) A commissioning body may only enter into the arrangements described in paragraphs (1) or (2) above where it has had due regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients.”

(4) Omit regulation 4 (amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 M5 ).

(5) Omit regulation 5 (amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 M6 ).

Marginal Citations

M4 S.I. 2008/3166.

M5 S.I. 2000/617, as amended by S.I. 2009/2376.

M6 S.I. 2002/2375.

Prescribed [F8 integrated care board] for the purposes of section 236 of the 2006 Act E+W

17.  The [F8 integrated care board] prescribed for the purposes of section 236 of the 2006 Act (payments for certain medical examinations), for the purpose of paying a medical practitioner who carries out a medical examination of any person with a view to an application for admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983, is as follows—

(a) where the person examined is usually resident in the area of [F8 an integrated care board], the [F8 integrated care board] for that area;

(b) where sub-paragraph (a) does not apply, the [F8 integrated care board] for the area in which the person was examined.

Textual Amendments

F8 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

PART 7 E+W Amendments to [F11 NHS England] and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Textual Amendments

F11 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Interpretation of Part 7 E+W

18.  In this Part—

“the Principal Regulations” means [F11 NHS England] and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 M7 .

Marginal Citations

M7 S.I. 2012/2996.

Amendment of regulation 5 of the Principal Regulations E+W

19.  In regulation 5 of the Principal Regulations (interpretation of Part 3)—

(a) after the definition of “emergency services”, insert the following definition—

““mandatory dental services” means dental services which are equivalent in nature to services which must be provided under a general dental services contract by virtue of provision in regulation 14 of the National Health Services (General Dental Services Contracts) Regulations 2005 (mandatory services);”M8 ; and

(b) after the definition of “secondary care services”, insert the following definition—

““sedation services” means a course of treatment provided to a patient in connection with the provision to that patient of mandatory dental services during which the provider of that treatment administers one or more drugs to the patient which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—

(a)

the drugs and techniques used to provide the sedation are deployed by the provider of the treatment in a manner that ensures loss of consciousness is rendered unlikely; and

(b)

verbal contact with the patient is maintained in so far as is reasonably possible;”.

Marginal Citations

M8 S.I. 2005/3361.

Amendment of regulation 10 of the Principal Regulations E+W

20.  In regulation 10 of the Principal Regulations (services for prisoners and other detainees)—

(a) in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph—

“(a) community services (including mandatory dental services and sedation services);”; and

(b) in paragraph (2)(e), delete the words “(except Ashfield Young Offender Institution)”.

PART 8 E+W Public health

Amendment of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 E+W

21.  In regulation 14 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 M9 (responsibilities of directors of public health), after paragraph (b) insert—

“(c) any of the authority's functions arising from its duty to provide, or arrange the provision of, healthy start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005.”M10 .

Marginal Citations

M9 S.I 2012/3094.

M10 S.I. 2005/3262, as amended by S.I.2013/235

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health