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Statutory Instruments

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

18th July 2023

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 2022(1).

Citation

1.  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 2022

2.  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 Ireland

3.—(1) Notwithstanding the amendments made to the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019(2) (“the 2019 Act”) by section 162 of the Health and Care Act 2022, the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019(3) (“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

18th July 2023

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:

ProvisionDate of CommencementS.I. No.
Section 1(1) (partially)9th May 2022S.I. 2022/515 (C. 20)
Section 1 (so far as not already in force)1st July 2022S.I. 2022/734 (C.45)
Section 21st July 2022S.I. 2022/734 (C. 45)
Section 31st July 2022S.I. 2022/734 (C. 45)
Section 41st July 2022S.I. 2022/734 (C. 45)
Section 514th June 2023S.I. 2023/648 (C. 35)
Section 61st July 2022S.I. 2022/734 (C. 45)
Section 71st July 2022S.I. 2022/734 (C. 45)
Section 81st July 2022S.I. 2022/734 (C. 45)
Section 91st July 2022S.I. 2022/734 (C. 45)
Section 101st July 2022S.I. 2022/734 (C. 45)
Section 111st July 2022S.I. 2022/734 (C. 45)
Section 121st July 2022S.I. 2022/734 (C. 45)
Section 131st April 2023S.I. 2023/371 (C. 17)
Section 141st July 2022S.I. 2022/734 (C. 45)
Section 151st July 2022S.I. 2022/734 (C. 45)
Section 161st July 2022S.I. 2022/734 (C. 45)
Section 171st July 2022S.I. 2022/734 (C. 45)
Section 181st July 2022S.I. 2022/734 (C. 45)
Section 19(1)9th May 2022S.I. 2022/515 (C. 20)
Section 19(2) (partially)9th May 2022S.I. 2022/515 (C. 20)
Section 19(3)9th May 2022S.I. 2022/515 (C. 20)
Section 19(4) (partially)9th May 2022S.I. 2022/515 (C. 20)
Section 19 (so far as not already in force)1st July 2022S.I. 2022/734 (C. 45)
Section 201st July 2022S.I. 2022/734 (C. 45)
Section 211st July 2022S.I. 2022/734 (C. 45)
Section 22 (partially)1st July 2022S.I. 2022/734 (C. 45)
Section 241st July 2022S.I. 2022/734 (C. 45)
Section 251st July 2022S.I. 2022/734 (C. 45)
Section 261st July 2022S.I. 2022/734 (C. 45)
Section 271st July 2022S.I. 2022/734 (C. 45)
Section 291st July 2022S.I. 2022/734 (C. 45)
Section 311st April 2023S.I. 2023/371 (C. 17)
Section 321st July 2022S.I. 2022/734 (C. 45)
Section 331st July 2022S.I. 2022/734 (C. 45)
Section 341st July 2022S.I. 2022/734 (C. 45)
Section 351st July 2022S.I. 2022/734 (C. 45)
Section 361st July 2022S.I. 2022/734 (C. 45)
Section 371st July 2022S.I. 2022/734 (C. 45)
Section 389th May 2022S.I. 2022/515 (C. 20)
Section 38 (so far as not already in force)1st July 2022S.I. 2022/734 (C. 45)
Section 391st July 2022S.I. 2022/734 (C. 45)
Section 401st July 2022S.I. 2022/734 (C. 45)
Section 411st July 2022S.I. 2022/734 (C. 45)
Section 421st July 2022S.I. 2022/734 (C. 45)
Section 431st July 2022S.I. 2022/734 (C. 45)
Section 441st July 2022S.I. 2022/734 (C. 45)
Section 451st July 2022S.I. 2022/734 (C. 45)
Section 471st July 2022S.I. 2022/734 (C. 45)
Section 481st July 2022S.I. 2022/734 (C. 45)
Section 491st July 2022S.I. 2022/734 (C. 45)
Section 501st July 2022S.I. 2022/734 (C. 45)
Section 511st April 2023S.I. 2023/371 (C. 17)
Section 521st July 2022S.I. 2022/734 (C. 45)
Section 531st July 2022S.I. 2022/734 (C. 45)
Section 541st July 2022S.I. 2022/734 (C. 45)
Section 551st July 2022S.I. 2022/734 (C. 45)
Section 561st July 2022S.I. 2022/734 (C. 45)
Section 571st July 2022S.I. 2022/734 (C. 45)
Section 581st July 2022S.I. 2022/734 (C. 45)
Section 591st July 2022S.I. 2022/734 (C. 45)
Section 601st July 2022S.I. 2022/734 (C. 45)
Section 611st July 2022S.I. 2022/734 (C. 45)
Section 621st July 2022S.I. 2022/734 (C. 45)
Section 631st July 2022S.I. 2022/734 (C. 45)
Section 641st July 2022S.I. 2022/734 (C. 45)
Section 651st July 2022S.I. 2022/734 (C. 45)
Section 661st July 2022S.I. 2022/734 (C. 45)
Section 671st July 2022S.I. 2022/734 (C. 45)
Section 681st July 2022S.I. 2022/734 (C. 45)
Section 691st July 2022S.I. 2022/734 (C. 45)
Section 701st July 2022S.I. 2022/734 (C. 45)
Section 711st July 2022S.I. 2022/734 (C. 45)
Section 721st July 2022S.I. 2022/734 (C. 45)
Section 731st July 2022S.I. 2022/734 (C. 45)
Section 741st July 2022S.I. 2022/734 (C. 45)
Section 751st July 2022S.I. 2022/734 (C. 45)
Section 761st July 2022S.I. 2022/734 (C. 45)
Section 77 (partially)1st July 2022S.I. 2022/734 (C. 45)
Section 77 (so far as not already in force)1st April 2023S.I. 2023/371 (C. 17)
Section 811st July 2022S.I. 2022/734 (C. 45)
Section 821st July 2022S.I. 2022/734 (C. 45)
Section 831st July 2022S.I. 2022/734 (C. 45)
Section 841st July 2022S.I. 2022/734 (C. 45)
Section 851st July 2022S.I. 2022/734 (C. 45)
Section 861st July 2022S.I. 2022/734 (C. 45)
Section 871st July 2022S.I. 2022/734 (C. 45)
Section 881st July 2022S.I. 2022/734 (C. 45)
Section 891st July 2022S.I. 2022/734 (C. 45)
Section 901st July 2022S.I. 2022/734 (C. 45)
Section 911st July 2022S.I. 2022/734 (C. 45)
Section 921st July 2022S.I. 2022/734 (C. 45)
Section 931st July 2022S.I. 2022/734 (C. 45)
Section 941st July 2022S.I. 2022/734 (C. 45)
Section 971st October 2022S.I. 2022/1003 (C. 77)
Section 99 (partially)31st July 2022S.I. 2022/734 (C. 45)
Section 99 (partially)1st October 2022S.I. 2022/1003 (C. 77)
Section 1001st October 2022S.I. 2022/1003 (C. 77)
Section 1011st July 2022S.I. 2022/734 (C. 45)
Section 1021st July 2022S.I. 2022/734 (C. 45)
Section 1031st July 2022S.I. 2022/734 (C. 45)
Section 1041st July 2022S.I. 2022/734 (C. 45)
Section 1051st July 2022S.I. 2022/734 (C. 45)
Section 1061st July 2022S.I. 2022/734 (C. 45)
Section 1071st July 2022S.I. 2022/734 (C. 45)
Section 1081st July 2022S.I. 2022/734 (C. 45)
Section 1361st July 2022S.I. 2022/734 (C. 45)
Section 1371st July 2022S.I. 2022/734 (C. 45)
Section 1381st July 2022S.I. 2022/734 (C. 45)
Section 1391st July 2022S.I. 2022/734 (C. 45)
Section 1401st July 2022S.I. 2022/734 (C. 45)
Section 1411st July 2022S.I. 2022/734 (C. 45)
Section 1421st July 2022S.I. 2022/734 (C. 45)
Section 1431st July 2022S.I. 2022/734 (C. 45)
Section 1441st July 2022S.I. 2022/734 (C. 45)
Section 1451st July 2022S.I. 2022/734 (C. 45)
Section 1461st July 2022S.I. 2022/734 (C. 45)
Section 1471st July 2022S.I. 2022/734 (C. 45)
Section 1481st July 2022S.I. 2022/734 (C. 45)
Section 1491st July 2022S.I. 2022/734 (C. 45)
Section 1501st July 2022S.I. 2022/734 (C. 45)
Section 1511st July 2022S.I. 2022/734 (C. 45)
Section 1521st July 2022S.I. 2022/734 (C. 45)
Section 1531st July 2022S.I. 2022/734 (C. 45)
Section 1541st July 2022S.I. 2022/734 (C. 45)
Section 1551st July 2022S.I. 2022/734 (C. 45)
Section 1561st July 2022S.I. 2022/734 (C. 45)
Section 1571st July 2022S.I. 2022/734 (C. 45)
Section 1581st July 2022S.I. 2022/734 (C. 45)
Section 1591st July 2022S.I. 2022/734 (C. 45)
Section 1601st July 2022S.I. 2022/734 (C. 45)
Section 161(1)1st July 2022S.I. 2022/734 (C. 45)
Section 1631st April 2023S.I. 2023/371 (C. 17)
Section 1641st April 2023S.I. 2023/371 (C. 17)
Section 1651st April 2023S.I. 2023/371 (C. 17)
Section 1671st July 2022S.I. 2022/734 (C. 45)
Section 1681st July 2022S.I. 2022/734 (C. 45)
Section 1701st July 2022S.I. 2022/734 (C. 45)
Section 1731st July 2022S.I. 2022/734 (C. 45)
Section 1741st July 2022S.I. 2022/734 (C. 45)
Section 1751st November 2022S.I. 2022/1003 (C. 77)
Section 176 (partially)1st November 2022S.I. 2022/1003 (C. 77)
Section 1771st October 2022S.I. 2022/1003 (C. 77)
Section 17830th August 2022S.I. 2022/734 (C. 45)
Section 1801st July 2022S.I. 2022/734 (C. 45)
Section 1811st July 2022S.I. 2022/734 (C. 45)
Schedule 11st July 2022S.I. 2022/734 (C. 45)
Schedule 2 (partially)9th May 2022S.I. 2022/515 (C.20)
Schedule 2 (so far as not already in force)1st July 2022S.I. 2022/734 (C. 45)
Schedule 3 (partially)1st July 2022S.I. 2022/734 (C. 45)
Schedule 41st July 2022S.I. 2022/734 (C. 45)
Schedule 51st July 2022S.I. 2022/734 (C. 45)
Schedule 71st July 2022S.I. 2022/734 (C. 45)
Schedule 81st July 2022S.I. 2022/734 (C. 45)
Schedule 91st July 2022S.I. 2022/734 (C. 45)
Schedule 10 (partially)1st July 2022S.I. 2022/734 (C. 45)
Schedule 10 (so far as not already in force)1st April 2023S.I. 2023/371 (C. 17)
Schedule 121st July 2022S.I. 2022/734 (C. 45)
Schedule 161st July 2022S.I. 2022/734 (C. 45)
Schedule 191st July 2022S.I. 2022/734 (C. 45)
(2)

2019 c. 14 (“the 2019 Act”); in particular, section 162 renamed the 2019 Act and substituted section 2 under which the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 (S.I. 2019/1293) were made.

(3)

S.I. 2019/1293; see regulation 6 as to the determination of planned healthcare applications.