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

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InterpretationE+W

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

“1983 Act” means the Mental Health Act 1983;

“the 2006 Act” means the National Health Service Act 2006;

“the 2012 Act” means the Health and Social Care Act 2012;

“armed forces” means the regular forces and the reserved forces within the meaning of the Armed Forces Act 2006 M1;

F1...

F2...

[F3“ clinical commissioning group ” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act;]

“commissioning contract” means a contract, other than a primary care contract, entered into by a relevant body in the exercise of its commissioning functions [F4and includes an integrated care provider contract];

“commissioning functions” means the functions of a relevant body in arranging for the provision of services as part of the health service, but it does not include, in relation to [F5NHS England], its functions in relation to services provided under a primary care contract;

“consultant” means a person who has been appointed to a medical consultant post with a health service provider;

“general dental practitioner” means a person whose name is included in the register maintained by the General Dental Council under section 14 of the Dentists Act 1984 M2;

“general medical practitioner” means a person registered in the General Practitioner Register held by the General Medical Council under section 34C of the Medical Act 1983 M3;

“health care professional” means a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 M4;

“health care services” means one or more services consisting of the provision of treatment for the purposes of the health service;

“health service provider” means a person, other than a relevant body, who has entered into a commissioning contract;

“immigration removal centre” means a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999 M5;

[F3“ integrated care board ” means an integrated care board established in accordance with Chapter A3 of Part 2 of the 2006 Act;]

[F6“integrated care provider contract” has the meaning given in paragraph 3 of Schedule 3A to the National Health Service (General Medical Services Contracts) Regulations 2015;]

“maternity services” includes all services relating to female patients from the start of the pregnancy to 6 weeks after the birth other than—

(a)

the treatment of any medical condition unrelated to pregnancy,

(b)

the treatment of any medical condition which does not usually occur in the ordinary course of pregnancy, or

(c)

services relating to the termination of pregnancy in accordance with the Abortion Act 1967 M6;

“mental health services” means services provided to patients in relation to a disorder or disability of the mind;

[F7“NHS England” means the body corporate established under section 1H of the 2006 Act;]

“optometrist” means a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M7;

“patient” means any person who is receiving treatment provided as part of the health service;

“primary care contract” means a contract or other arrangement between [F5NHS England] and a provider of primary care services to provide one or more primary care services [F8, but does not include an integrated care provider contract];

“primary care services” means services provided as part of the health service pursuant to arrangements made by [F5NHS England] under Parts 4 to 7 of the 2006 Act;

“relevant body” means a CCG or [F5NHS England];

“relevant date” means 1st April 2013;

“secure children's home” means a children's home used for the purpose of restricting liberty and approved for that purpose in respect of which a person is registered under Part 2 of the Care Standards Act 2000M8 [F9, or premises in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide a secure accommodation service within the meaning of Part 1 of and Schedule 1 to that Act];

“secure training centre” means a place in which offenders subject to detention and training orders [F10within the meaning given by section 233 of the Sentencing Code] may be detained and given training and education and prepared for their release;

“treatment”, except in Part 9 (waiting times), means an intervention that is intended to manage a person's disease, condition or injury and includes prevention, examination and diagnosis;

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life.

(2) Except in [F11Part] 6, where reference is made in these Regulations to a person or persons for whom the relevant body has responsibility, or to a person whom the relevant body is responsible for, it means—

(a)in respect of a CCG, a person for whom it is responsible under or by virtue of section [F123(2)] of the 2006 Act (duties of clinical commissioning groups as to commissioning certain health services) M9, in relation only to the provision of services which it has a duty to arrange for, or in respect of, that person; and

(b)in respect of [F5NHS England], a person for or in respect of whom it is required to arrange the provision of services for under or by virtue of regulations under section 3B of the 2006 Act (Secretary of State's power to [F13require NHS England] to commission services), in respect only of services which [F5NHS England] is required to arrange for, or in respect of, that person.

Textual Amendments

F1Words in reg. 2(1) omitted (6.11.2023) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 56(2)(a)

F2Words in reg. 2(1) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(2)(a)

F3Words in reg. 2(1) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(2)(b)

F4Words in reg. 2(1) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 19(2)

F5Words 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

F6Words in reg. 2(1) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 19(1)

F7Words in reg. 2(1) inserted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 56(2)(b)

F8Words in reg. 2(1) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 19(3)

F9Words in reg. 2(1) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 29(2)

F10Words in reg. 2(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 409 (with Sch. 27); S.I. 2020/1236, reg. 2

F11Word in reg. 2(2) substituted (1.7.2022) by The National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 (S.I. 2022/635), regs. 1(1), 9(3)