The National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022

After-care services: imposition of ICB responsibility

7.—(1) The duty imposed by section 117(2) of the Mental Health Act 1983 on an ICB to arrange for the provision of after-care services for a person to whom that section applies is to be imposed instead on another ICB (“ICB A”) in the circumstances described in paragraph (2), (3), (4) or (5).

(2) The circumstances described in this paragraph are—

(a) ICB A had responsibility to arrange for the provision of mental health services to the person during the detention to which the after-care services relate; and

(b) the person is usually resident in England.

(3) The circumstances described in this paragraph are—

(a) the after-care services relate to a period of detention from which the person was discharged before these Regulations came into force;

(b) ICB A has core responsibility for the person on the coming into force of these Regulations; and

(c) the person is usually resident in England.

(4) The circumstances described in this paragraph are—

(a) the after-care services relate to a period of detention the provision of which was arranged by NHS England;

(b) the period of detention began before these Regulations came into force;

(c) the person is discharged from that period of detention on, or after, the coming into force of these Regulations;

(d) ICB A had core responsibility for the person on the date of their discharge from that period of detention;

(e) regulation 8 does not apply to the after-care services; and

(f) the person is usually resident in England.

(5) The circumstances described in this paragraph are—

(a) the after-care services relate to a period of detention the provision of which was arranged by NHS England;

(b) the period of detention began on, or after, the coming into force of these Regulations;

(c) ICB A had core responsibility for the person on the first day of the person’s detention;

(d) regulation 8 does not apply to the after-care services; and

(e) the person is usually resident in England.