The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022

Transitional provision: joint forward plans and joint capital resource use plans

33.—(1) This regulation applies in respect of the financial year ending with 31st March 2023.

(2) Sections 14Z52(1) to (6) and 14Z53 to 14Z55 of the 2006 Act(1) do not apply.

(3) Insofar as it remains relevant, an integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to any existing forward plan of a clinical commissioning group for which that board is the successor integrated care board.

(4) In paragraph (3), “existing forward plan” means a commissioning plan prepared or revised by a clinical commissioning group before 1st July 2022 pursuant to sections 14Z11 and 14Z12 of the 2006 Act in respect of the financial year ending with 31st March 2023.

(5) Section 14Z56(1) of the 2006 Act(2) is to be read as if, for the words “Before the start of each financial year”, there were substituted “As soon as reasonably practicable after the giving of any direction pursuant to subsection (2) relating to any part of the financial year ending with 31st March 2023”.

(6) The following provisions of the 2006 Act is to be read as if the reference to a forward plan published under section 14Z52 were a reference to the existing forward plan of a clinical commissioning group referred to in paragraph (3)—

(a) section 14Z58(2)(b)(3);

(b) paragraph 12(1A) of Schedule 4(4);

(c) paragraph 26(1A) of Schedule 7(5).

(1)

Sections 14Z52 to 14Z55 are inserted by section 25 of the 2022 Act.

(2)

Section 14Z56 is inserted by section 25 of the 2022 Act.

(3)

Section 14Z58 is inserted by section 25 of the 2022 Act.

(4)

Paragraph 12(1A) is inserted by paragraph 136 of Schedule 4 to the 2022 Act.

(5)

Paragraph 26(1A) is inserted by paragraph 137 of Schedule 4 to the 2022 Act.