The National Health Service (Disapplication of NHS England’s Powers of Direction) (England) Regulations 2023

Functions relating to NHS Continuing Healthcare and NHS funded nursing care

3.  The power in section 13YB(1) of the 2006 Act does not apply in relation to the functions of NHS England—

(a) arising under or by virtue of sections 3B(1)(b) and (c) of the 2006 Act insofar as they relate to—

(i) deciding whether a person has a primary health need in accordance with paragraph (5)(b) of regulation 21(1) of the Standing Rules (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare);

(ii) determining whether a person has a need for nursing care in accordance with regulation 28(2) of the Standing Rules (persons who enter relevant premises or who develop a need for nursing care) but the power continues to apply in relation to an assessment of the need for nursing care under paragraph (1) of that regulation; and

(b) arising under regulation 23 of the Standing Rules (the Board’s duty: reviewing decisions) insofar as they are exercisable in connection with the functions of NHS England arising under or by virtue of sections 3B(1)(b) and (c) of the 2006 Act.

(1)

Paragraph (5)(a)(ii) of regulation 21, which contains information about the Decision Support Tool, was amended by regulation 2(3)(b) of S.I. 2018/283.

(2)

Regulation 28 was amended by S.I. 2014/1611 and 2015/415.