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

PART 4 Mental health after-care services

Circumstances in which duty may be imposed on another CCG

14.—(1) The duty imposed by subsection (2) of section 117 of the 1983 Act on a CCG(1) (CCG A) to arrange for the provision of after-care services for a person (P) to whom section 117 applies is to be imposed instead on another CCG (CCG B) in the circumstances below.

(2) These circumstances are where CCG B has responsibility for P by virtue of—

(a) section 3(1A) of the 2006 Act(2); or

(b) regulation 4 of, and sub-paragraph (c), (g), (h), (i) or (j) of paragraph 2 of Schedule 1 to these Regulations.

Circumstances in which duty may be imposed on the Board

15.—(1) The duty imposed by subsection (2) of section 117 of the 1983 Act on a CCG to arrange for the provision of after-care services for a person (P) to whom section 117 of the 1983 Act applies is to be imposed instead on the Board in the circumstances below.

(2) These circumstances are where P is receiving an after-care service under section 117 which, if it were being provided under the 2006 Act, would be a service whose provision the Board had a duty to arrange.

(1)

Section 117(2) of the 1983 Act was amended by sections 40(1) and (2)(a) of the 2012 Act.

(2)

Section 3(1A) was inserted by section 13(3) of the 2012 Act.