(This note is not part of the Regulations)
These Regulations make provision for what constitutes a “notifiable reconfiguration of NHS services” for the purposes of paragraph 2 of Schedule 10A to the National Health Service Act 2006 (c. 41).
Schedule 10A was inserted by the Health and Care Act 2022 (c. 31) and provides the Secretary of State with intervention powers in relation to the reconfiguration of NHS services. Paragraph 2 of that Schedule requires NHS England or an integrated care board to notify the Secretary of a notifiable reconfiguration.
Regulation 2 prescribes notifiable reconfigurations as those where a proposal would oblige a responsible person (namely NHS England or an integrated care board) under regulation 23 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218) (“the 2013 Regulations”) to consult the relevant local authority. This duty arises where the reconfiguration proposal would involve a substantial development of the health service in the area of a local authority, or a substantial variation in the provision of such service.
Regulation 3 provides that a notifiable reconfiguration will not include a reconfiguration where, prior to 31st January 2024, a consultation has begun with the local authority or a joint overview and scrutiny committee on such a proposal in accordance with regulation 23(1)(a) of the 2013 Regulations.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.