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

[F1 Saving and transitional provision in relation to certain services for rare and very rare conditions E+W

11A.— (1) A relevant contract in relation to transferring services is not terminated or modified by virtue of the omission of those transferring services from Schedule 4 with effect from the transfer date and continues in force as it did immediately before the transfer date.

(2) [F2 NHS England] retains the duty under regulations 7(2)(c), 10(1)(c) and 11 which it held in relation to those transferring services immediately before the transfer date for so long as a relevant contract for the provision of those services continues to have effect in relation to those transferring services but only to the extent of the provision which is made in that relevant contract for such services.

(3) In this regulation—

(a) a “relevant contract” is a contract having effect as between [F2 NHS England] and another person for the provision as part of the health service of transferring services where that contract has effect immediately before the transfer date;

[F3 (b) “the transfer date” means—

(i) in relation to transferring services referred to in paragraph (c)(i) (wheelchair services), 1st April 2015; and

(ii) in relation to transferring services referred to in paragraph (c)(ii) (specialist morbid obesity services), 1st April 2016;

(c) “transferring services” are—

(i) wheelchair services as included within the service specified in paragraph 135 of Schedule 4 immediately prior to the transfer date;

(ii) specialist morbid obesity services as specified in paragraph 118 of that Schedule immediately prior to the transfer date.]]

Textual Amendments

F1 Reg. 11A inserted (1.4.2015) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2015 (S.I. 2015/415), regs. 1(1), 2(1)

F2 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F3 Reg. 11A(3)(b)(c) substituted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 4(1) (with reg. 5)