The National Health Service (Direct Payments) Regulations 2013

PART 4 Revocation and Transitional Provision

Transitional provision in respect of direct payments

19.—(1) Any direct payment payable under a pilot scheme by a pilot health body immediately before 1st August 2013 is to be payable by the successor health body on and after that date.

(2) These Regulations apply to a direct payment that is payable by a successor health body under paragraph (1).

(3) Any act or omission by or in relation to a pilot health body before 1st August 2013 under or in connection with any provision of a pilot scheme or the 2010 Direct Payments Regulations is to be treated as an act or omission by or in relation to a successor health body.

(4) Anything which is in the process of being done by or in relation to a pilot health body immediately before 1st August 2013 under or in connection with any provision of a pilot scheme or the 2010 Direct Payments Regulations is to be treated as done by or in relation to, and may be continued by or in relation to, a successor health body.

(5) In this Regulation—

“the 2010 Direct Payments Regulations” means the National Health Service (Direct Payments) Regulations 2010(1);

“pilot health body” means a body which is a successor body within the meaning of paragraph 22 of Schedule 3 to the National Treatment Agency (Abolition) and Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2012(2) to a Primary Care Trust in respect of which a pilot scheme has been made under the 2010 Direct Payments Regulations.

“pilot scheme” means a pilot scheme under the 2010 Direct Payments Regulations;

“successor health body” means the health body which, on or after 1st August 2013, has a duty to provide or arrange for the provision of the services which, immediately before 1st August 2013, are being secured for a patient by a direct payment under a pilot scheme.

Revocation

20.  The National Health Service (Direct Payments) Regulations 2010 are revoked.

(1)

S.I. 2010/1000. Regulations 1 to 5 and 7 to 20 were amended by, or affected by the provisions of, the National Treatment Agency (Abolition) and articles 11 and 12 of, and paragraph 154 of Schedule 2 and paragraph 22 of Schedule 3 to, the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235).

(2)

S.I. 2013/235.