The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013

Draft Order laid before Parliament under section 272(6)(za) of the National Health Service Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2013 No. 0000

National Health Service, England

The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013

Made

2013

Coming into force

1st August 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 12C(8)(a) of the National Health Service Act 2006(1).

In accordance with section 272(6)(za) of that Act(2), a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013 and comes into force on 1st August 2013.

Repeal of sections 12A(6) and 12C(1) to (4) of the National Health Service Act 2006

2.  Sections 12A(6) and 12C(1) to (4) of the National Health Service Act 2006 (provision for direct payments to be made in accordance with a pilot scheme under regulations) are repealed.

Signed by authority of the Secretary of State for Health.

Minister of State,

Department of Health

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order repeals sections 12A(6) and 12C(1) to (4) of the National Health Service Act 2006 (“the 2006 Act”).

Sections 12A to 12D of the 2006 Act enable the Secretary of State, the National Health Service Commissioning Board, a clinical commissioning group or a local authority to make a direct payment to a patient or their representative in order to purchase goods or services that might otherwise be provided by the NHS.

Section 12A(6) of the 2006 Act provides that direct payments may only be made as part of a pilot scheme established under regulations made under section 12C of that Act.

Section 12C(1) to (4) of the 2006 Act makes provision for the Secretary of State to make regulations to govern pilot schemes in accordance with which direct payments may be made. These pilot schemes have been independently evaluated and considered successful. A copy of the final evaluation report dated 30th November 2012 is available at https://www.phbe.org.uk/. In the light of the positive evidence from the evaluation, direct payments are to be rolled out nationally to enable all patients across England to benefit.

Section 12C(7) of the 2006 Act enables the Secretary of State, having carried out a review of pilot schemes, to repeal sections 12A(6) and 12C(1) to (4) by an order described at section 12C(8)(a) of that Act. This Order removes the pilot schemes limitation by repealing sections 12A(6) and 12C(1) to (4) of the 2006 Act.

The regulations that will govern the rules for the making of direct payments will be made under section 12B of the 2006 Act by negative resolution. The National Health Service (Direct Payments) Regulations 2010 (S.I. 2010/1000) will be repealed in their entirety and replaced by a new negative instrument to come into force on the same day as this Order (1st August 2013). Any incidental, supplementary, consequential, saving or transitional provision as a result of the repeal of sections 12A(6) and 12C(1) to (4) of the 2006 Act and the abolition of the current pilot schemes will be dealt with in the new negative instrument.

An impact assessment has not been produced for this instrument as the instrument itself has no impact on the private sector or the voluntary sector. A full impact assessment has been produced in relation to the direct payments for healthcare consultation 2013 and a copy is available at http://www.dh.gov.uk/health/2013/03/direct-payments-consultation/.

(1)

2006 c.41. Sections 12A to 12D of the National Health Service Act 2006 (“the 2006 Act”) were inserted by section 11 of the Health Act 2009 (c. 21) (“the 2009 Act”). Sections 12A, 12B and 12D have been amended by section 55(1) of, and paragraphs 10 to 12 of Part 1 of Schedule 4 to, the Health and Social Care Act 2012 (c.7). By virtue of section 271(1) of the 2006 Act, the powers exercised in making this Order are exercisable by the Secretary of State only in relation to England.

(2)

Paragraph (za) of section 272(6) of the 2006 Act was inserted by section 13 of, and paragraphs 6 and 10 of Schedule 1 to, the 2009 Act.