The National Health Service (Integrated Care Boards: Exceptions to Core Responsibility) Regulations 2022

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

Draft Statutory Instruments

2022 No.

National Health Service, England

The National Health Service (Integrated Care Boards: Exceptions to Core Responsibility) Regulations 2022

Made

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Coming into force

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The Secretary of State, in exercise of the powers conferred by sections 14Z31(3) of the National Health Service Act 2006(1), makes the following Regulations.

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

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Health Service (Integrated Care Boards: Exceptions to Core Responsibility) Regulations 2022.

(2) These Regulations come into force on 1st July 2022.

(3) These Regulations extend to England and Wales.

Persons not required to be allocated to a group for whom an integrated care board has core responsibility

2.  The following persons are exceptions to the requirement in section 14Z31(2) of the National Health Service Act 2006 that rules under section 14Z31(1) of that Act (rules determining the group of people for whom an integrated care board has responsibility) must ensure that certain classes of person are allocated to a group of people for whom an integrated care board(2) has core responsibility—

(a) a person usually resident in Northern Ireland who is registered with a provider in England of NHS primary medical services(3);

(b) a person usually resident in Scotland who is registered with a provider in England of NHS primary medical services;

(c) a person usually resident in Wales who is registered with a provider in England of NHS primary medical services.

Name

Parliamentary Under Secretary of State

Department of Health and Social Care

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 14Z31 of the National Health Service Act 2006 (c. 41) (“the NHS Act 2006”) provides that NHS England must, from time to time, publish rules for determining the group of people for whom an integrated care board has core responsibility. Section 14Z31(2) of that Act provides that the rules must ensure that every person who is provided with NHS primary medical services and everyone usually resident in England but not provided with NHS primary medical services are allocated to a group. Regulation 2 provides that the following persons are exceptions to this requirement—

• a person usually resident in Northern Ireland who is registered with a provider in England of NHS primary medical services;

• a person usually resident in Scotland who is registered with a provider in England of NHS primary medical services;

• a person usually resident in Wales who is registered with a provider in England of NHS primary medical services.

An impact assessment has been prepared in relation to the Health and Care Act 2022. A copy is available at 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.

(1)

2006 c. 41. Section 14Z31 was inserted by section 20 of the Health and Care Act 2022. See section 275(1) for the meaning of “prescribed”.

(2)

An integrated care board is a body established under section 14Z25 of the National Health Service Act 2006. Section 14Z25 was inserted by section 19 of the Health and Care Act 2022.

(3)

See section 14Z31(5) of the National Health Service Act 2006 and the National Health Service (Integrated Care Boards: Description of NHS Primary Medical Services) Regulations 2022.