2023 No. 1431 (C. 102)
The Health and Care Act 2022 (Commencement No. 8 and Transitional and Saving Provision) Regulations 2023
Made
The Secretary of State makes these Regulations in exercise of the powers conferred by section 186(6), (7), (9) and (11) of the Health and Care Act 20221.
Citation and extent1
1
These Regulations may be cited as the Health and Care Act 2022 (Commencement No. 8 and Transitional and Saving Provision) Regulations 2023.
2
These Regulations extend to England and Wales.
Interpretation2
Provisions coming into force on 1st January 20243
The following provisions of the 2022 Act come into force on 1st January 2024—
a
section 78 (regulations as to patient choice);
b
section 79 (procurement regulations);
c
section 80 (procurement and patient choice: consequential amendments etc);
d
Schedule 11 (patient choice: undertakings by integrated care boards).
Provisions coming into force on 31st January 20244
The following provisions of the 2022 Act come into force on 31st January 2024—
a
section 46(1) (reconfiguration of services: intervention powers);
b
section 46(2) in so far as it relates to the provisions brought into force by paragraph (c);
c
Schedule 6 (intervention powers over the reconfiguration of NHS services) in so far as it inserts the following paragraphs of Schedule 10A (intervention powers in relation to the reconfiguration of NHS services) into the 2006 Act—
i
paragraphs 1 to 4;
ii
paragraphs 6 and 7 save for the extent to which they relate to the functions in paragraph 5 of Schedule 10A.
Transitional and saving provision: procurement, patient choice and competition5
1
Notwithstanding the repeal of section 6E(2)(c) of the 2006 Act (regulations as to the exercise of functions by NHS England or integrated care boards)4 and section 75 of the 2012 Act (requirements as to procurement, patient choice and competition), any provision of the 2012 Regulations made under either of those provisions, and in force immediately before 1st January 2024—
a
continues in force and has effect as if made under section 6E(1A) or (1B) of the 2006 Act5, and
b
may be varied or revoked accordingly.
2
Subject to paragraphs (3) to (5), the following continue to have effect as they had effect immediately before 1st January 2024 (including as modified by regulation 21 of the 2022 Regulations) for the purposes of any contract award procedure or process for the procurement of a framework agreement which was commenced but had not ended before 1st January 2024—
a
sections 75, 76 and 77 of, and Schedule 9 to, the 2012 Act (requirements as to procurement, patient choice and competition), so far as they apply in relation to the 2013 Regulations;
b
the 2013 Regulations.
3
For the purposes of paragraph (2), the 2013 Regulations have effect as if—
a
regulations 11 and 12 were omitted;
b
in regulation 13(1), for “12, or by regulations 39, 42 or 43 of the 2012 Regulations (choice of health service provider)”, there were substituted “10”
;
c
in regulation 15(1)(a), for “12, or by regulations 39, 42 or 43 of the 2012 Regulations”, there were substituted “10”
;
d
in regulation 15A(1)6, in both places it occurs, for “12, or by regulations 39, 42 or 43 of the 2012 Regulations”, there were substituted “10”
.
4
For the purposes of paragraph (2), where, on or after 1st January 2024, NHS England commences or continues an investigation of an integrated care board under regulation 13(1) of the 2013 Regulations which—
a
relates to a determination of a kind referred to in regulation 7(2)(a) or (b) of the 2013 Regulations, and
b
does not fall within regulation 43B of the 2012 Regulations7,
that investigation may be commenced or continued as though it were an investigation under section 6F(1) of the 2006 Act (enforcement of section 6E regulations relating to patient choice)8 (and accordingly section 6F of, and Schedule 1ZA to, the 2006 Act apply to that investigation as appropriate).
5
For the purposes of paragraph (2)—
a
a contract award procedure has been commenced before 1st January 2024 if, before that date—
i
a relevant body has published a contract notice in accordance with regulation 4(2) of the 2013 Regulations;
ii
a relevant body has contacted a provider in order to—
aa
seek an expression of interest or offer in respect of a proposed contract; or
bb
respond to an unsolicited expression of interest or offer received from that provider in respect of a proposed contract; or
iii
in the case of a contract to be based on a framework agreement or other technique or instrument for electronic or aggregated procurement concluded before 1st January 2024, a relevant body has taken any step with a view to making an award of such a contract;
b
a process for the procurement of a framework agreement has been commenced before 1st January 2024 if, before that date—
i
a relevant body has published any form of advertisement seeking offers or expressions of interest in a proposed framework agreement; or
ii
a relevant body has contacted a provider in order to—
aa
seek an expression of interest or offer in respect of a proposed framework agreement; or
bb
respond to an unsolicited expression of interest or offer received from that provider in respect of a proposed framework agreement;
c
a contract award procedure has ended before 1st January 2024 if, before that date—
i
the contract has been awarded; or
ii
the relevant body has taken a decision not to award the contract to any provider;
d
a process for the procurement of a framework agreement has ended before 1st January 2024 if, before that date—
i
the framework agreement has been concluded; or
ii
the relevant body has taken a decision not to conclude the framework agreement with any provider.
6
For the purposes of section 13SC of the 2006 Act (provision of regulatory information or assistance to the CMA)9, any information held by NHS England in connection with its functions under—
a
sections 76 and 77 of, and Schedule 9 to, the 2012 Act; or
b
measures made under those provisions in the 2013 Regulations,
in so far as those provisions are saved by paragraph (2), continues to be treated as “regulatory information”.
7
In this regulation—
“the 2012 Act” means the Health and Social Care Act 201210;
“the 2012 Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 201211;
“the 2022 Regulations” means the Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 202212;
“framework agreement” has the meaning given in regulation 7(7) of the 2013 Regulations as they had effect immediately before 1st January 2024;
“integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the 2006 Act;
“NHS England” means the body corporate established under section 1H of the 2006 Act;
“provider” has the meaning given in regulation 1(2) of the 2013 Regulations as they had effect immediately before 1st January 2024;
“relevant body” means an integrated care board or NHS England.
Signed by authority of the Secretary of State for Health and Social Care
(This note is not part of the Regulations)
(This note is not part of the Regulations)
The following provisions of the Health and Care Act2022 (c. 31) have been brought into force by commencement Regulations made before the date of these Regulations.
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 1(1) (partially) | 9th May 2022 | |
Section 1 (so far as not already in force) | 1st July 2022 | |
Section 2 | 1st July 2022 | |
Section 3 | 1st July 2022 | |
Section 4 | 1st July 2022 | |
Section 5 | 14th June 2023 | |
Section 6 | 1st July 2022 | |
Section 7 | 1st July 2022 | |
Section 8 | 1st July 2022 | |
Section 9 | 1st July 2022 | |
Section 10 | 1st July 2022 | |
Section 11 | 1st July 2022 | |
Section 12 | 1st July 2022 | |
Section 13 | 1st April 2023 | |
Section 14 | 1st July 2022 | |
Section 15 | 1st July 2022 | |
Section 16 | 1st July 2022 | |
Section 17 | 1st July 2022 | |
Section 18 | 1st July 2022 | |
Section 19(1) | 9th May 2022 | |
Section 19(2) (partially) | 9th May 2022 | |
Section 19(3) | 9th May 2022 | |
Section 19(4) (partially) | 9th May 2022 | |
Section 19 (so far as not already in force) | 1st July 2022 | |
Section 20 | 1st July 2022 | |
Section 21 | 1st July 2022 | |
Section 22 (partially) | 1st July 2022 | |
Section 24 | 1st July 2022 | |
Section 25 | 1st July 2022 | |
Section 26 | 1st July 2022 | |
Section 27 | 1st July 2022 | |
Section 29 | 1st July 2022 | |
Section 31 | 1st April 2023 | |
Section 32 | 1st July 2022 | |
Section 33 | 1st July 2022 | |
Section 34 | 1st July 2022 | |
Section 35 | 1st July 2022 | |
Section 36 | 1st July 2022 | |
Section 37 | 1st July 2022 | |
Section 38 | 9th May 2022 | |
Section 38 (so far as not already in force) | 1st July 2022 | |
Section 39 | 1st July 2022 | |
Section 40 | 1st July 2022 | |
Section 41 | 1st July 2022 | |
Section 42 | 1st July 2022 | |
Section 43 | 1st July 2022 | |
Section 44 | 1st July 2022 | |
Section 45 | 1st July 2022 | |
Section 47 | 1st July 2022 | |
Section 48 | 1st July 2022 | |
Section 49 | 1st July 2022 | |
Section 50 | 1st July 2022 | |
Section 51 | 1st April 2023 | |
Section 52 | 1st July 2022 | |
Section 53 | 1st July 2022 | |
Section 54 | 1st July 2022 | |
Section 55 | 1st July 2022 | |
Section 56 | 1st July 2022 | |
Section 57 | 1st July 2022 | |
Section 58 | 1st July 2022 | |
Section 59 | 1st July 2022 | |
Section 60 | 1st July 2022 | |
Section 61 | 1st July 2022 | |
Section 62 | 1st July 2022 | |
Section 63 | 1st July 2022 | |
Section 64 | 1st July 2022 | |
Section 65 | 1st July 2022 | |
Section 66 | 1st July 2022 | |
Section 67 | 1st July 2022 | |
Section 68 | 1st July 2022 | |
Section 69 | 1st July 2022 | |
Section 70 | 1st July 2022 | |
Section 71 | 1st July 2022 | |
Section 72 | 1st July 2022 | |
Section 73 | 1st July 2022 | |
Section 74 | 1st July 2022 | |
Section 75 | 1st July 2022 | |
Section 76 | 1st July 2022 | |
Section 77 (partially) | 1st July 2022 | |
Section 77 (so far as not already in force) | 1st April 2023 | |
Section 81 | 1st July 2022 | |
Section 82 | 1st July 2022 | |
Section 83 | 1st July 2022 | |
Section 84 | 1st July 2022 | |
Section 85 | 1st July 2022 | |
Section 86 | 1st July 2022 | |
Section 87 | 1st July 2022 | |
Section 88 | 1st July 2022 | |
Section 89 | 1st July 2022 | |
Section 90 | 1st July 2022 | |
Section 91 | 1st July 2022 | |
Section 92 | 1st July 2022 | |
Section 93 | 1st July 2022 | |
Section 94 | 1st July 2022 | |
Section 97 | 1st October 2022 | |
Section 99 (partially) | 31st July 2022 | |
Section 99 (partially) | 1st October 2022 | |
Section 100 | 1st October 2022 | |
Section 101 | 1st July 2022 | |
Section 102 | 1st July 2022 | |
Section 103 | 1st July 2022 | |
Section 104 | 1st July 2022 | |
Section 105 | 1st July 2022 | |
Section 106 | 1st July 2022 | |
Section 107 | 1st July 2022 | |
Section 108 | 1st July 2022 | |
Sections 109 to 135 | 1st October 2023 | |
Section 136 | 1st July 2022 | |
Section 137 | 1st July 2022 | |
Section 138 | 1st July 2022 | |
Section 139 | 1st July 2022 | |
Section 140 | 1st July 2022 | |
Section 141 | 1st July 2022 | |
Section 142 | 1st July 2022 | |
Section 143 | 1st July 2022 | |
Section 144 | 1st July 2022 | |
Section 145 | 1st July 2022 | |
Section 146 | 1st July 2022 | |
Section 147 | 1st July 2022 | |
Section 148 | 1st July 2022 | |
Section 149 | 1st July 2022 | |
Section 150 | 1st July 2022 | |
Section 151 | 1st July 2022 | |
Section 152 | 1st July 2022 | |
Section 153 | 1st July 2022 | |
Section 154 | 1st July 2022 | |
Section 155 | 1st July 2022 | |
Section 156 | 1st July 2022 | |
Section 157 | 1st July 2022 | |
Section 158 | 1st July 2022 | |
Section 159 | 1st July 2022 | |
Section 160 | 1st July 2022 | |
Section 161(1) | 1st July 2022 | |
Section 162 | 18th August 2023 | |
Section 163 | 1st April 2023 | |
Section 164 | 1st April 2023 | |
Section 165 | 1st April 2023 | |
Section 167 | 1st July 2022 | |
Section 168 | 1st July 2022 | |
Section 169 (partially) | 1st October 2023 | |
Section 170 | 1st July 2022 | |
Section 173 | 1st July 2022 | |
Section 174 | 1st July 2022 | |
Section 175 | 1st November 2022 | |
Section 176 (partially) | 1st November 2022 | |
Section 177 | 1st October 2022 | |
Section 178 | 30th August 2022 | |
Section 180 | 1st July 2022 | |
Section 181 | 1st July 2022 | |
Schedule 1 | 1st July 2022 | |
Schedule 2 (partially) | 9th May 2022 | |
Schedule 2 (so far as not already in force) | 1st July 2022 | |
Schedule 3 (partially) | 1st July 2022 | |
Schedule 4 | 1st July 2022 | |
Schedule 5 | 1st July 2022 | |
Schedule 7 | 1st July 2022 | |
Schedule 8 | 1st July 2022 | |
Schedule 9 | 1st July 2022 | |
Schedule 10 (partially) | 1st July 2022 | |
Schedule 10 (so far as not already in force) | 1st April 2023 | |
Schedule 12 | 1st July 2022 | |
Schedules 13 to 15 | 1st October 2023 | |
Schedule 16 | 1st July 2022 | |
Schedule 19 | 1st July 2022 |