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

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Persons for whom a CCG has responsibility

   1. 3. Interpretation of Part 2

   2. 4. Additional persons for whom a CCG has responsibility

4. PART 3 Services to be commissioned by NHS England

   1. 5. Interpretation of Part 3

   2. 6. Dental services

   3. 7. Services for serving members of the armed forces and their families

   4. 8. Infertility treatment: seriously injured serving members and veterans

   5. 9. Infertility treatment: further provision

   6. 10. Services for prisoners and other detainees

   7. 11. Specified services for rare and very rare conditions

   8. 11A. Saving and transitional provision in relation to certain services for rare and very rare conditions

   9. 12. Assessment, diagnostic, elective and minor elective care services provided by Independent Sector Treatment Centres

   10. 13. Fixated threat assessment services

5. PART 4 Mental health after-care services

   1. 14. Circumstances in which duty may be imposed on another CCG

   2. 15. Circumstances in which duty may be imposed on the Board

6. PART 5 Standing rules: commissioning contract terms

   1. 16. Matters to be included in commissioning contracts

   2. 17. Terms and conditions to be drafted by NHS England

   3. 18. Consultation by NHS England

   4. 19. Transitional provision

7. PART 6 Standing rules: NHS Continuing Healthcare and NHS funded nursing care

   1. 20. Interpretation

   2. 21. Duty of relevant bodies: assessment and provision of NHS Continuing Healthcare

   3. 22. Duty of relevant bodies: joint working with social services authorities

   4. 23. NHS England's duty: reviewing decisions

   5. 24. Appointment and term of appointment

   6. 25. Disqualification for appointment

   7. 26. Cessation of disqualification

   8. 27. Termination of appointment

   9. 28. Persons who enter relevant premises or who develop a need for nursing care

   10. 29. Persons in receipt of flat rate payments immediately before the relevant date

   11. 30. Persons in receipt of high band payments immediately before the relevant date

   12. 31. Urgent need

   13. 32. Revocation and transitional provisions

8. Part 6A Standing rules: personal health budgets

   1. 32A. Interpretation

   2. 32B. Duties of relevant bodies in relation to personal health budgets

9. PART 7 Standing rules: decisions about drugs and other treatments

   1. 33. Interpretation

   2. 34. Duty of a relevant body in respect of the funding and commissioning of drugs and other treatments

   3. 35. Duty to give reasons for decisions

   4. 36. Duty to provide written information

   5. 37. Transitional provisions

10. PART 8 Standing rules: choice of health service provider

    1. 38. Interpretation

    2. 39. Duty to ensure persons are offered a choice of health service provider

    3. 40. Services to which the duties as to choice do not apply

    4. 41. Persons to whom the duties as to choice do not apply

    5. 42. Duty to publicise and promote information about choice

    6. 42A. Patient choice: primary medical services

    7. 42B. Requests for NHS Standard Contract assessment

    8. 42C. Qualification of providers: criteria

    9. 42D. Modification of existing NHS Standard Contract

    10. 43. Transitional provision

    11. 43A. Transitional provision: pre-existing contracts

    12. 43B. Transitional provision: enforcement

11. PART 9 Standing rules: waiting times

    1. 44. Interpretation

    2. 45. Duty to meet the maximum waiting times standards

    3. 46. The waiting time period

    4. 47. Application of duty to offer an alternative provider

    5. 48. Duty to offer an alternative provider

    6. 49. Exceptions to the duty

    7. 50. Duty to have regard to guidance

    8. 51. Duty to notify

    9. 52. Duty to make arrangements to diagnose or rule out cancer

    10. 53. Duty to offer alternative provider to diagnose or rule out cancer

    11. 54. Advice and assistance

    12. 55. Transitional provision

12. PART 10 Standing rules: funding of therapies for Multiple Sclerosis

    1. 56. Scheme for the funding of certain disease modifying therapies for Multiples Sclerosis

13. PART 11 Financial duties of a relevant body in relation to administration

    1. 57. Matters relating to administration in revenue resource use by a relevant body

14. Signature

15. 1. SCHEDULE 1

       Additional persons for whom a CCG has responsibility

       1. 1. In this Schedule— “care home”— in England, has the same...

       2. 2. The list of persons referred to in regulation 4(1) is...

       3. 3. A person falls within this paragraph if—

       4. 4. (1) A child falls within this paragraph if both of...

       5. 5. A person falls within this paragraph if—

       6. 6. A person falls within this paragraph if—

       7. 7. A child falls within this paragraph if—

       8. 8. (1) A child falls within this paragraph if—

    2. SCHEDULE 2

       Prescribed dental services

       1. 1. Oral surgery.

       2. 2. Restorative dentistry.

       3. 3. Paedodontic/paediatric dentistry.

       4. 4. Orthodontics.

       5. 5. Oral and maxillofacial surgery.

       6. 6. Endodontics.

       7. 7. Periodontics.

       8. 8. Prosthodontics.

       9. 9. Oral medicine.

       10. 10. Oral microbiology.

       11. 11. Oral and maxillofacial pathology.

       12. 12. Dental and maxillofacial radiology.

       13. 13. Special care dentistry.

    3. SCHEDULE 3

       Services in respect of persons detained in specified accommodation

       1. PART 1 Secure children's homes to which regulation 10(2)(b) does not apply

          1. 1. Atkinson Secure Children's Home

          2. 2. Beechfield Secure Children's Home

          3. 3. Clare Lodge Secure Children's Home

          4. 4. Kyloe Secure Children's Home

          5. 5. Lansdowne Secure Children's Home

          6. 6. Leverton Secure Children's Home

          7. 7. St. Catherine's Secure Children's Home

       2. PART 2 Secure training centres and immigration removal centres

    4. SCHEDULE 4

       Services for rare and very rare conditions

       1. 1. Interpretation

       2. 2. The services

       3. 3. Adult congenital heart disease services.

       4. 3A. Adult highly specialist oesophageal gastric services in the form of...

       5. 4. Adult highly specialist pain management services.

       6. 5. Adult highly specialist respiratory services.

       7. 6. Adult highly specialist rheumatology services.

       8. 7. Adult secure mental health services.

       9. 8. Adult specialist cardiac services.

       10. 9. Adult specialist eating disorder services.

       11. 10. Adult specialist endocrinology services.

       12. 11. . . . . . . . . . ....

       13. 12. Adult specialist neurosciences services.

       14. 13. Adult specialist ophthalmology services.

       15. 14. Adult specialist orthopaedic services.

       16. 15. Adult specialist pulmonary hypertension services.

       17. 16. Adult specialist renal services.

       18. 17. Adult specialist services for patients infected with HIV.

       19. 18. Adult specialist vascular services.

       20. 19. Adult thoracic surgery services.

       21. 20. Alkaptonuria service.

       22. 20A. Alpha 1 antitrypsin services.

       23. 21. Alström syndrome service.

       24. 22. Ataxia telangiectasia service for children.

       25. 22A. Atypical haemolytic uraemic syndrome services.

       26. 23. Autoimmune paediatric gut syndromes service.

       27. 24. Autologous intestinal reconstruction service for adults.

       28. 25. Bardet-Biedl syndrome service.

       29. 26. Barth syndrome service.

       30. 27. Beckwith-Wiedemann syndrome with macroglossia service.

       31. 28. Behcet's syndrome service.

       32. 29. Bladder exstrophy service.

       33. 30. Blood and marrow transplantation services.

       34. 31. Bone conduction hearing implant services.

       35. 32. Breast radiotherapy injury rehabilitation service.

       36. 33. Child and adolescent mental health services – Tier 4.

       37. 34. Choriocarcinoma service.

       38. 35. Chronic pulmonary aspergillosis service.

       39. 36. Cleft lip and palate services.

       40. 36A. Clinical genomic services.

       41. 37. Cochlear implantation services.

       42. 38. Complex childhood osteogenesis imperfecta service.

       43. 39. Complex Ehlers Danlos syndrome service.

       44. 40. Complex neurofibromatosis type 1 service.

       45. 41. Complex spinal surgery services.

       46. 42. Complex tracheal disease service.

       47. 43. Congenital hyperinsulinism service.

       48. 44. Craniofacial service.

       49. 45. Cryopyrin associated periodic syndrome service.

       50. 46. Cystic fibrosis services.

       51. 47. Diagnostic service for amyloidosis.

       52. 48. Diagnostic service for primary ciliary dyskinesia.

       53. 49. Diagnostic service for rare neuromuscular disorders.

       54. 50. Encapsulating peritoneal sclerosis treatment service.

       55. 51. Epidermolysis bullosa service.

       56. 52. Extra corporeal membrane oxygenation service for adults.

       57. 53. Extra corporeal membrane oxygenation service for neonates, infants and children...

       58. 54. Ex-vivo partial nephrectomy service.

       59. 55. Fetal medicine services.

       60. 56. Gender identity development service for children and adolescents.

       61. 57. Gender identity disorder services.

       62. 57ZA. Gonadal tissue cryopreservation services for children and young people at...

       63. 57A. Hand transplantation for adults.

       64. 58. Heart and lung transplantation service (including mechanical circulatory support).

       65. 59. Highly specialist adult gynaecological surgery and urinary surgery services for...

       66. 59A. Highly specialist adult urological surgery services for men.

       67. 60. Highly specialist allergy services.

       68. 61. . . . . . . . . . ....

       69. 62. Highly specialist dermatology services.

       70. 63. Highly specialist metabolic disorder services.

       71. 64. Highly specialist pain management services for children and young people....

       72. 65. Highly specialist palliative care services for children and young people....

       73. 66. Highly specialist services for adults with infectious diseases.

       74. 67. Hyperbaric oxygen treatment services.

       75. 68. Insulin-resistant diabetes service.

       76. 69. Islet transplantation service.

       77. 70. Liver transplantation service.

       78. 71. Lymphangioleiomyomatosis service.

       79. 72. Lysosomal storage disorder service.

       80. 73. Major trauma services.

       81. 74. McArdle's disease service.

       82. 75. Mental health service for deaf children and adolescents.

       83. 76. Mitochondrial donation service.

       84. 77. Neurofibromatosis type 2 service.

       85. 78. Neuromyelitis optica service.

       86. 79. Neuropsychiatry services.

       87. 80. Ocular oncology service.

       88. 81. Ophthalmic pathology service.

       89. 82. Osteo-odonto-keratoprosthesis service for corneal blindness.

       90. 83. Paediatric and perinatal post mortem services.

       91. 84. Paediatric cardiac services.

       92. 85. Paediatric intestinal pseudo-obstructive disorders service.

       93. 86. Pancreas transplantation service.

       94. 87. Paroxysmal nocturnal haemoglobinuria service.

       95. 88. Positron Emission Tomography – Computed Tomography services.

       96. 89. Primary ciliary dyskinesia management service.

       97. 90. Primary malignant bone tumours service.

       98. 91. Proton beam therapy service.

       99. 92. Pseudomyxoma peritonei service.

       100. 92A. Psychological medicine inpatient services for severe and complex presentations of...

       101. 93. Pulmonary hypertension service for children.

       102. 94. Pulmonary thromboendarterectomy service.

       103. 95. Radiotherapy services.

       104. 96. Rare mitochondrial disorders service.

       105. 97. Reconstructive surgery service for adolescents with congenital malformation of the...

       106. 98. Retinoblastoma service.

       107. 99. Secure forensic mental health service for young people.

       108. 100. Severe acute porphyria service.

       109. 101. Severe combined immunodeficiency and related disorders service.

       110. 102. Severe intestinal failure service.

       111. 103. Severe obsessive compulsive disorder and body dysmorphic disorder service.

       112. 104. Small bowel transplantation service.

       113. 104A. Specialist adult haematology services.

       114. 105. Specialist burn care services.

       115. 106. Specialist cancer services.

       116. 107. Specialist cancer services for children and young people.

       117. 107A. Specialist colorectal surgery services.

       118. 108. Specialist dentistry services for children and young people.

       119. 109. Specialist ear, nose and throat services for children and young...

       120. 110. Specialist endocrinology and diabetes services for children and young people....

       121. 111. Specialist gastroenterology, hepatology and nutritional support services for children and...

       122. 112. . . . . . . . . . ....

       123. 113. Specialist gynaecology services for children and young people.

       124. 114. Specialist haematology services for children and young people.

       125. 115. Specialist haemoglobinopathy services.

       126. 116. Specialist immunology services for adults with deficient immune systems.

       127. 116A. Specialist immunology services for children with deficient immune systems.

       128. 116B. Specialist maternity care for women diagnosed with abnormally invasive placenta....

       129. 117. Specialist mental health services for deaf adults.

       130. 118. . . . . . . . . . ....

       131. 119. Specialist neonatal care services.

       132. 120. Specialist neuroscience services for children and young people.

       133. 121. Specialist ophthalmology services for children and young people.

       134. 122. Specialist orthopaedic surgery services for children and young people.

       135. 123. Specialist paediatric intensive care services.

       136. 124. Specialist paediatric liver disease service.

       137. 125. Specialist perinatal mental health services.

       138. 126. Specialist plastic surgery services for children and young people.

       139. 127. Specialist rehabilitation services for patients with highly complex needs.

       140. 128. Specialist renal services for children and young people.

       141. 129. Specialist respiratory services for children and young people.

       142. 130. Specialist rheumatology services for children and young people.

       143. 131. Specialist services for children and young people with infectious diseases....

       144. 132. Specialist services for complex liver, biliary and pancreatic diseases in...

       145. 133. Specialist services for haemophilia and other related bleeding disorders.

       146. 134. Specialist services for severe personality disorder in adults.

       147. 135. Specialist services to support patients with complex physical disabilities excluding...

       148. 136. Specialist surgery for children and young people.

       149. 137. Specialist urology services for children and young people.

       150. 138. Spinal cord injury services.

       151. 139. Stem cell transplantation service for juvenile idiopathic arthritis and related...

       152. 140. Stickler syndrome diagnostic service.

       153. 140A. Surgery for complex obesity in children.

       154. 140AA. Termination services for expectant mothers with significant comorbidities that require...

       155. 140B. Uterine transplantation services.

       156. 141. Vein of Galen malformation service.

       157. 142. Veterans' post traumatic stress disorder programme.

       158. 143. Wolfram syndrome service.

       159. 144. Xeroderma pigmentosum service.

    5. SCHEDULE 5

       Persons disqualified from being a chair, integrated care board member or social services authority member of a review panel

       1. 1. A Member of Parliament, Member of the European Parliament or...

       2. 2. (1) An individual who, by arrangement with a CCG, provides...

       3. 3. A person who, within the period of five years immediately...

       4. 4. A person who is subject to a bankruptcy restrictions order...

       5. 5. (1) A person who has been dismissed within the period...

       6. 6. A person whose term of office as the chairman or...

       7. 7. A health care professional or other professional person who has...

       8. 8. A person who is subject to— (a) a disqualification order...

       9. 9. A person who has at any time been removed from...

       10. 10. A person who has at any time been removed, or...

16. Explanatory Note