The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2023

Statutory Instruments

2023 No. 948

NATIONAL HEALTH SERVICE, ENGLAND

The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2023

Made

31st August 2023

Laid before Parliament

1st September 2023

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 182 of the Health and Care Act 2022(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Health and Care Act 2022 (Further Consequential Amendments) Regulations 2023.

(2) These Regulations come into force at the same time as section 134 of, and Schedule 15 to, the Health and Care Act 2022.

(3) Any amendment made by these Regulations has the same extent as the provision amended.

Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

2.—(1) The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017(2) are amended as follows.

(2) In Schedule 2 (public authorities required to publish information), under the heading “Health, social care and social security”, after “The Health Research Authority.” insert—

“The Health Services Safety Investigations Body.”.

Amendment of the National Health Service (Clinical Negligence Scheme) Regulations 2015

3.—(1) The National Health Service (Clinical Negligence Scheme) Regulations 2015(3) are amended as follows.

(2) In regulation 4 (eligible bodies), in paragraph (1), after sub-paragraph (f) insert—

“(fa) the Health Services Safety Investigations Body;”.

(3) In regulation 5 (membership of the Scheme), after paragraph (1A) insert—

“(1B) The Health Services Safety Investigations Body is a member of the Scheme (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).”.

Amendment of the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018

4.—(1) The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018(4) are amended as follows.

(2) In regulation 4 (eligible bodies), in paragraph (1)—

(a) at the end of sub-paragraph (k) omit “and”;

(b) at the end of sub-paragraph (l) insert—

“, and

(m) the Health Services Safety Investigations Body”.

(3) In regulation 5 (membership of the Scheme), after paragraph (A1) insert—

“(B1) The Health Services Safety Investigations Body is a member of the Scheme (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).”.

Amendment of the National Health Service (Property Expenses Scheme) (England) Regulations 2018

5.—(1) The National Health Service (Property Expenses Scheme) (England) Regulations 2018(5) are amended as follows.

(2) In regulation 4 (eligible bodies), in paragraph (1)—

(a) at the end of sub-paragraph (j) omit “and”;

(b) at the end of sub-paragraph (k) insert—

“, and

(l) the Health Services Safety Investigations Body”.

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

Neil O'Brien

Parliamentary Under Secretary of State,

Department of Health and Social Care

31st August 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments which are consequential on the establishment of the Health Services Safety Investigations Body (see Part 4 of, and Schedules 13 to 15 to, the Health and Care Act 2022).

A full impact assessment has been prepared in relation to the Health and Care Act 2022. A copy is available at https://www.gov.uk/government/publications/health-and-care-act-2022-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.

(1)

2022 c. 31.

(2)

S.I. 2017/353, amended by S.I. 2022/634, 2023/98 and 368; there are other amending instruments, but none is relevant to these Regulations.

(3)

S.I. 2015/559, amended by S.I. 2022/634, 2023/98 and 368; there are other amending instruments, but none is relevant to these Regulations.

(4)

S.I. 2018/756, amended by S.I. 2022/634, 2023/98, 368 and 634; there are other amending instruments, but none is relevant to these Regulations.

(5)

S.I. 2018/757, amended by S.I. 2022/634, 2023/98 and 368; there are other amending instruments, but none is relevant to these Regulations.