2023 No. 821 (C. 45)
National Health Service
Health Services

The Health and Care Act 2022 (Commencement No. 6 and Saving Provision) Regulations 2023

Made
The Secretary of State makes these Regulations in exercise of the powers conferred by section 186(6), (9) and (11) of the Health and Care Act 20221.

Citation1.

These Regulations may be cited as the Health and Care Act 2022 (Commencement No. 6 and Saving Provision) Regulations 2023.

Commencement of section 162 of the Health and Care Act 20222.

Section 162 of the Health and Care Act 2022 comes into force on 18th August 2023.

Saving provision: planned healthcare applications in relation to Northern Ireland3.

(1)

Notwithstanding the amendments made to the Healthcare (European Economic Area and Switzerland Arrangements) Act 20192 (“the 2019 Act”) by section 162 of the Health and Care Act 2022, the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 20193 (“the 2019 Regulations”) continue to have effect insofar as they relate to the determination of planned healthcare applications in relation to Northern Ireland.

(2)

For the purposes of the 2019 Regulations as they continue to have effect in accordance with paragraph (1), any term used in both the 2019 Regulations and the 2019 Act as it had effect immediately before 18th August 2023 continues to have the same meaning as it had for the purposes of the 2019 Act immediately before 18th August 2023.

Signed by authority of the Secretary of State for Health and Social Care

Will Quince
Minister of State,
Department of Health and Social Care
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations bring into force section 162 of the Health and Care Act 2022 (c. 31) (“the 2022 Act”) on 18th August 2023 (regulation 2). They are the sixth commencement regulations to be made under the Act. These Regulations also make saving provision in connection with the coming into force of section 162.

Section 162 provides that the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 (“the 2019 Act”) is renamed the Healthcare (International Arrangements) Act 2019, and makes certain amendments to that Act to enable the Government and the Devolved Authorities to implement reciprocal healthcare agreements with countries outside the EEA and Switzerland.

Regulation 3 saves the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 (S.I. 2019/1293) insofar as they relate to the determination of applications for planned healthcare made in relation to Northern Ireland. Those Regulations were made under provisions of the 2019 Act substituted by section 162 of the 2022 Act.

A full impact assessment has been prepared in relation to the 2022 Act, and a copy is available at https://www.gov.uk/government/publications/health-and-care-bill-combined-impact-assessments. A hard copy can be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)

The following provisions of the Health and Care Act 2022 (c. 31) have been brought into force by commencement regulations made before the date of these Regulations:

Provision

Date of Commencement

S.I. No.

Section 1(1) (partially)

9th May 2022

S.I. 2022/515 (C. 20)

Section 1 (so far as not already in force)

1st July 2022

S.I. 2022/734 (C.45)

Section 2

1st July 2022

S.I. 2022/734 (C. 45)

Section 3

1st July 2022

S.I. 2022/734 (C. 45)

Section 4

1st July 2022

S.I. 2022/734 (C. 45)

Section 5

14th June 2023

S.I. 2023/648 (C. 35)

Section 6

1st July 2022

S.I. 2022/734 (C. 45)

Section 7

1st July 2022

S.I. 2022/734 (C. 45)

Section 8

1st July 2022

S.I. 2022/734 (C. 45)

Section 9

1st July 2022

S.I. 2022/734 (C. 45)

Section 10

1st July 2022

S.I. 2022/734 (C. 45)

Section 11

1st July 2022

S.I. 2022/734 (C. 45)

Section 12

1st July 2022

S.I. 2022/734 (C. 45)

Section 13

1st April 2023

S.I. 2023/371 (C. 17)

Section 14

1st July 2022

S.I. 2022/734 (C. 45)

Section 15

1st July 2022

S.I. 2022/734 (C. 45)

Section 16

1st July 2022

S.I. 2022/734 (C. 45)

Section 17

1st July 2022

S.I. 2022/734 (C. 45)

Section 18

1st July 2022

S.I. 2022/734 (C. 45)

Section 19(1)

9th May 2022

S.I. 2022/515 (C. 20)

Section 19(2) (partially)

9th May 2022

S.I. 2022/515 (C. 20)

Section 19(3)

9th May 2022

S.I. 2022/515 (C. 20)

Section 19(4) (partially)

9th May 2022

S.I. 2022/515 (C. 20)

Section 19 (so far as not already in force)

1st July 2022

S.I. 2022/734 (C. 45)

Section 20

1st July 2022

S.I. 2022/734 (C. 45)

Section 21

1st July 2022

S.I. 2022/734 (C. 45)

Section 22 (partially)

1st July 2022

S.I. 2022/734 (C. 45)

Section 24

1st July 2022

S.I. 2022/734 (C. 45)

Section 25

1st July 2022

S.I. 2022/734 (C. 45)

Section 26

1st July 2022

S.I. 2022/734 (C. 45)

Section 27

1st July 2022

S.I. 2022/734 (C. 45)

Section 29

1st July 2022

S.I. 2022/734 (C. 45)

Section 31

1st April 2023

S.I. 2023/371 (C. 17)

Section 32

1st July 2022

S.I. 2022/734 (C. 45)

Section 33

1st July 2022

S.I. 2022/734 (C. 45)

Section 34

1st July 2022

S.I. 2022/734 (C. 45)

Section 35

1st July 2022

S.I. 2022/734 (C. 45)

Section 36

1st July 2022

S.I. 2022/734 (C. 45)

Section 37

1st July 2022

S.I. 2022/734 (C. 45)

Section 38

9th May 2022

S.I. 2022/515 (C. 20)

Section 38 (so far as not already in force)

1st July 2022

S.I. 2022/734 (C. 45)

Section 39

1st July 2022

S.I. 2022/734 (C. 45)

Section 40

1st July 2022

S.I. 2022/734 (C. 45)

Section 41

1st July 2022

S.I. 2022/734 (C. 45)

Section 42

1st July 2022

S.I. 2022/734 (C. 45)

Section 43

1st July 2022

S.I. 2022/734 (C. 45)

Section 44

1st July 2022

S.I. 2022/734 (C. 45)

Section 45

1st July 2022

S.I. 2022/734 (C. 45)

Section 47

1st July 2022

S.I. 2022/734 (C. 45)

Section 48

1st July 2022

S.I. 2022/734 (C. 45)

Section 49

1st July 2022

S.I. 2022/734 (C. 45)

Section 50

1st July 2022

S.I. 2022/734 (C. 45)

Section 51

1st April 2023

S.I. 2023/371 (C. 17)

Section 52

1st July 2022

S.I. 2022/734 (C. 45)

Section 53

1st July 2022

S.I. 2022/734 (C. 45)

Section 54

1st July 2022

S.I. 2022/734 (C. 45)

Section 55

1st July 2022

S.I. 2022/734 (C. 45)

Section 56

1st July 2022

S.I. 2022/734 (C. 45)

Section 57

1st July 2022

S.I. 2022/734 (C. 45)

Section 58

1st July 2022

S.I. 2022/734 (C. 45)

Section 59

1st July 2022

S.I. 2022/734 (C. 45)

Section 60

1st July 2022

S.I. 2022/734 (C. 45)

Section 61

1st July 2022

S.I. 2022/734 (C. 45)

Section 62

1st July 2022

S.I. 2022/734 (C. 45)

Section 63

1st July 2022

S.I. 2022/734 (C. 45)

Section 64

1st July 2022

S.I. 2022/734 (C. 45)

Section 65

1st July 2022

S.I. 2022/734 (C. 45)

Section 66

1st July 2022

S.I. 2022/734 (C. 45)

Section 67

1st July 2022

S.I. 2022/734 (C. 45)

Section 68

1st July 2022

S.I. 2022/734 (C. 45)

Section 69

1st July 2022

S.I. 2022/734 (C. 45)

Section 70

1st July 2022

S.I. 2022/734 (C. 45)

Section 71

1st July 2022

S.I. 2022/734 (C. 45)

Section 72

1st July 2022

S.I. 2022/734 (C. 45)

Section 73

1st July 2022

S.I. 2022/734 (C. 45)

Section 74

1st July 2022

S.I. 2022/734 (C. 45)

Section 75

1st July 2022

S.I. 2022/734 (C. 45)

Section 76

1st July 2022

S.I. 2022/734 (C. 45)

Section 77 (partially)

1st July 2022

S.I. 2022/734 (C. 45)

Section 77 (so far as not already in force)

1st April 2023

S.I. 2023/371 (C. 17)

Section 81

1st July 2022

S.I. 2022/734 (C. 45)

Section 82

1st July 2022

S.I. 2022/734 (C. 45)

Section 83

1st July 2022

S.I. 2022/734 (C. 45)

Section 84

1st July 2022

S.I. 2022/734 (C. 45)

Section 85

1st July 2022

S.I. 2022/734 (C. 45)

Section 86

1st July 2022

S.I. 2022/734 (C. 45)

Section 87

1st July 2022

S.I. 2022/734 (C. 45)

Section 88

1st July 2022

S.I. 2022/734 (C. 45)

Section 89

1st July 2022

S.I. 2022/734 (C. 45)

Section 90

1st July 2022

S.I. 2022/734 (C. 45)

Section 91

1st July 2022

S.I. 2022/734 (C. 45)

Section 92

1st July 2022

S.I. 2022/734 (C. 45)

Section 93

1st July 2022

S.I. 2022/734 (C. 45)

Section 94

1st July 2022

S.I. 2022/734 (C. 45)

Section 97

1st October 2022

S.I. 2022/1003 (C. 77)

Section 99 (partially)

31st July 2022

S.I. 2022/734 (C. 45)

Section 99 (partially)

1st October 2022

S.I. 2022/1003 (C. 77)

Section 100

1st October 2022

S.I. 2022/1003 (C. 77)

Section 101

1st July 2022

S.I. 2022/734 (C. 45)

Section 102

1st July 2022

S.I. 2022/734 (C. 45)

Section 103

1st July 2022

S.I. 2022/734 (C. 45)

Section 104

1st July 2022

S.I. 2022/734 (C. 45)

Section 105

1st July 2022

S.I. 2022/734 (C. 45)

Section 106

1st July 2022

S.I. 2022/734 (C. 45)

Section 107

1st July 2022

S.I. 2022/734 (C. 45)

Section 108

1st July 2022

S.I. 2022/734 (C. 45)

Section 136

1st July 2022

S.I. 2022/734 (C. 45)

Section 137

1st July 2022

S.I. 2022/734 (C. 45)

Section 138

1st July 2022

S.I. 2022/734 (C. 45)

Section 139

1st July 2022

S.I. 2022/734 (C. 45)

Section 140

1st July 2022

S.I. 2022/734 (C. 45)

Section 141

1st July 2022

S.I. 2022/734 (C. 45)

Section 142

1st July 2022

S.I. 2022/734 (C. 45)

Section 143

1st July 2022

S.I. 2022/734 (C. 45)

Section 144

1st July 2022

S.I. 2022/734 (C. 45)

Section 145

1st July 2022

S.I. 2022/734 (C. 45)

Section 146

1st July 2022

S.I. 2022/734 (C. 45)

Section 147

1st July 2022

S.I. 2022/734 (C. 45)

Section 148

1st July 2022

S.I. 2022/734 (C. 45)

Section 149

1st July 2022

S.I. 2022/734 (C. 45)

Section 150

1st July 2022

S.I. 2022/734 (C. 45)

Section 151

1st July 2022

S.I. 2022/734 (C. 45)

Section 152

1st July 2022

S.I. 2022/734 (C. 45)

Section 153

1st July 2022

S.I. 2022/734 (C. 45)

Section 154

1st July 2022

S.I. 2022/734 (C. 45)

Section 155

1st July 2022

S.I. 2022/734 (C. 45)

Section 156

1st July 2022

S.I. 2022/734 (C. 45)

Section 157

1st July 2022

S.I. 2022/734 (C. 45)

Section 158

1st July 2022

S.I. 2022/734 (C. 45)

Section 159

1st July 2022

S.I. 2022/734 (C. 45)

Section 160

1st July 2022

S.I. 2022/734 (C. 45)

Section 161(1)

1st July 2022

S.I. 2022/734 (C. 45)

Section 163

1st April 2023

S.I. 2023/371 (C. 17)

Section 164

1st April 2023

S.I. 2023/371 (C. 17)

Section 165

1st April 2023

S.I. 2023/371 (C. 17)

Section 167

1st July 2022

S.I. 2022/734 (C. 45)

Section 168

1st July 2022

S.I. 2022/734 (C. 45)

Section 170

1st July 2022

S.I. 2022/734 (C. 45)

Section 173

1st July 2022

S.I. 2022/734 (C. 45)

Section 174

1st July 2022

S.I. 2022/734 (C. 45)

Section 175

1st November 2022

S.I. 2022/1003 (C. 77)

Section 176 (partially)

1st November 2022

S.I. 2022/1003 (C. 77)

Section 177

1st October 2022

S.I. 2022/1003 (C. 77)

Section 178

30th August 2022

S.I. 2022/734 (C. 45)

Section 180

1st July 2022

S.I. 2022/734 (C. 45)

Section 181

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 1

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 2 (partially)

9th May 2022

S.I. 2022/515 (C.20)

Schedule 2 (so far as not already in force)

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 3 (partially)

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 4

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 5

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 7

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 8

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 9

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 10 (partially)

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 10 (so far as not already in force)

1st April 2023

S.I. 2023/371 (C. 17)

Schedule 12

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 16

1st July 2022

S.I. 2022/734 (C. 45)

Schedule 19

1st July 2022

S.I. 2022/734 (C. 45)