The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

PART 1 E+W General

Citation and commencement E+W

1.—(1) These Regulations may be cited as National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 and, subject to paragraphs (2) to (4), come into force on 1st April 2013.

(2) The following provisions of the Regulations come into force on 1st February 2013—

(a) this Part;

(b) Part 2 (persons for whom a CCG has responsibility);

(c) Part 5 (standing rules: commissioning contract terms); and

(d) insofar as they relate to the functions of a relevant body in arranging for the provision of services as part of the health service on and after the relevant date—

(i) Part 3 (services to be commissioned by the Board),

(ii) Part 4 (mental health after-care services),

(iii) in Part 6 (standing rules: NHS Continuing Healthcare and NHS funded nursing care), regulations 21, 22 and 28, and regulation 20 insofar as it defines terms that appear in those regulations,

(iv) in Part 7 (standing rules: decisions about drugs and other treatment), regulations 33 to 35,

(v) in Part 8 (standing rules: choice of health service provider), regulations 38 to 41,

(vi) in Part 9 (standing rules: waiting times), regulations 44 to 50 and 52 to 54, and

(vii) Part 10 (standing rules: funding of therapies for Multiple Sclerosis).

(3) Part 8 of these Regulations, insofar as the provisions of that Part are made under section 75 of the 2012 Act, comes into force immediately after that section comes fully into force M1 .

(4) Part 11 of these Regulations (financial duties of a relevant body in relation to administration) comes into force immediately after sections 24 and 27 of the 2012 Act come fully into force M2 .

Marginal Citations

M1 Section 75 was commenced for limited purposes by section 306(1)(d) of the 2012 Act.

M2 Sections 24 and 27 were commenced for limited purposes by section 306(1)(d) of the 2012 Act and S.I. 2012/1831.

Interpretation E+W

2.—(1) In these Regulations—

“1983 Act” means the Mental Health Act 1983;

“the 2006 Act” means the National Health Service Act 2006;

“the 2012 Act” means the Health and Social Care Act 2012;

“armed forces” means the regular forces and the reserved forces within the meaning of the Armed Forces Act 2006 M3 ;

“the Board” means the National Health Service Commissioning Board M4 ;

“CCG” means clinical commissioning group M5 ;

“commissioning contract” means a contract, other than a primary care contract, entered into by a relevant body in the exercise of its commissioning functions;

“commissioning functions” means the functions of a relevant body in arranging for the provision of services as part of the health service, but it does not include, in relation to the Board, its functions in relation to services provided under a primary care contract;

“consultant” means a person who has been appointed to a medical consultant post with a health service provider;

“general dental practitioner” means a person whose name is included in the register maintained by the General Dental Council under section 14 of the Dentists Act 1984 M6 ;

“general medical practitioner” means a person registered in the General Practitioner Register held by the General Medical Council under section 34C of the Medical Act 1983 M7 ;

“health care professional” means a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 M8 ;

“health care services” means one or more services consisting of the provision of treatment for the purposes of the health service;

“health service provider” means a person, other than a relevant body, who has entered into a commissioning contract;

“immigration removal centre” means a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999 M9 ;

“maternity services” includes all services relating to female patients from the start of the pregnancy to 6 weeks after the birth other than—

(a)

the treatment of any medical condition unrelated to pregnancy,

(b)

the treatment of any medical condition which does not usually occur in the ordinary course of pregnancy, or

(c)

services relating to the termination of pregnancy in accordance with the Abortion Act 1967 M10 ;

“mental health services” means services provided to patients in relation to a disorder or disability of the mind;

“optometrist” means a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M11 ;

“patient” means any person who is receiving treatment provided as part of the health service;

“primary care contract” means a contract or other arrangement between the Board and a provider of primary care services to provide one or more primary care services;

“primary care services” means services provided as part of the health service pursuant to arrangements made by the Board under Parts 4 to 7 of the 2006 Act;

“relevant body” means a CCG or the Board;

“relevant date” means 1st April 2013;

“secure children's home” means a children's home used for the purpose of restricting liberty and approved for that purpose in respect of which a person is registered under Part 2 of the Care Standards Act 2000 M12 ;

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) M13 may be detained and given training and education and prepared for their release;

“treatment”, except in Part 9 (waiting times), means an intervention that is intended to manage a person's disease, condition or injury and includes prevention, examination and diagnosis;

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life.

(2) Except in Parts 2, 4 and 6, where reference is made in these Regulations to a person or persons for whom the relevant body has responsibility, or to a person whom the relevant body is responsible for, it means—

(a) in respect of a CCG, a person for whom it is responsible under or by virtue of section 3 of the 2006 Act (duties of clinical commissioning groups as to commissioning certain health services) M14 , in relation only to the provision of services which it has a duty to arrange for, or in respect of, that person; and

(b) in respect of the Board, a person for or in respect of whom it is required to arrange the provision of services for under or by virtue of regulations under section 3B of the 2006 Act (Secretary of State's power to require Board to commission services), in respect only of services which the Board is required to arrange for, or in respect of, that person.

Marginal Citations

M3 2006 c.52.

M4 The Board is established by section 1H of the 2006 Act as inserted by section 9(1) of the 2012 Act.

M5 A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act, inserted by section 10 of the 2012 Act.

M6 1984 c. 24.

M7 1983 c. 54; section 34C was inserted by S.I. 2010/234.

M8 2002 c. 17.

M9 1999 c. 33. Relevant amendments were made by section 66(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

M10 1967 c.87.

M11 1989 c.44. The definition of “optometrist” was inserted by S.I. 2005/848.

M12 2000 c. 14.

M13 2000 c. 6. Section 100 was amended by paragraph 184 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43), by paragraph 111 of Schedule 32 to the Criminal Justice Act 2003 (c. 44), and by paragraph 11 of Schedule 26 and paragraph 13 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

M14 See Part 2 of these Regulations as to persons for whom a CCG has responsibility.