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

Revocation and transitional provisions E+W

32.—(1) Where a Primary Care Trust has, before the relevant date, determined that a person is eligible for NHS Continuing Healthcare under direction 2 of the NHS Continuing Healthcare (Responsibilities) Directions 2009 M1 (“the Responsibilities Directions”) or the Delayed Discharges (Continuing Care) Directions 2009 M2 (“the Delayed Discharges Directions”), the relevant body with responsibility for that person on the relevant date must continue to provide NHS Continuing Healthcare unless—

(a) regulation 21(2)(b) applies;

(b) an assessment of eligibility for NHS Continuing Healthcare is undertaken pursuant to regulation 21; and

(c) that body determines that the person is no longer eligible for NHS Continuing Healthcare.

(2) Where a Primary Care Trust has, before the relevant date—

(a) started an initial screening process to decide whether to undertake an assessment of a person's eligibility for NHS Continuing Healthcare under direction 2(4) of the Responsibilities Directions or the Delayed Discharges Directions but not completed the process, the relevant body with responsibility for that person must—

(i) complete the initial screening process as if it had commenced under regulation 21(4), and

(ii) where the outcome of that process is that an assessment for NHS Continuing Healthcare is required, assess that person's eligibility for NHS Continuing Healthcare under this Part; or

(b) started to assess a person's eligibility for NHS Continuing Healthcare under paragraphs (5) to (7) of direction 2 of the Responsibilities Directions or the Delayed Discharges Directions, the relevant body with responsibility for that person must complete the assessment as if it had commenced under regulation 21.

(3) This paragraph applies where—

(a) a Strategic Health Authority has before the relevant date, received an application for a review of procedure or a decision pursuant to direction 4(2) of the Responsibilities Directions in respect of which a decision has not been made before the relevant date; or

(b) on or after the relevant date the Board receives an application for a review of procedure or a decision which would have been a valid application under direction 4(2) of the Responsibilities Directions if made before the relevant date.

(4) Where paragraph (3) applies, the Board must organise or complete the review in accordance with regulation 23 (the Board's duty: reviewing decisions).

(5) Subject to regulation 27, the appointment of a person appointed as a chair in accordance with the Responsibilities Directions continues for such period as it would have continued if those directions had not been revoked, and such a person must be treated as if they had been appointed by the Board under regulation 23.

(6) Subject to regulation 27, the appointment of a person appointed as a PCT member or social services authority member in accordance with the 2009 Directions continues for such period as it would have continued if those directions had not been revoked and—

(a) such a person must be treated as if they had been appointed by the Board under regulation 24; and

(b) in the case of a PCT member, as if that person were appointed as a CCG member in respect of each CCG whose area falls wholly or partly within the area of the PCT in relation to which they were a PCT member.

(7) The following directions are revoked—

(a) the National Health Service (Nursing Care in Residential Accommodation) (England) Directions 2007 M3 which came into force on 1st October 2007;

(b) the National Health Service (Nursing Care in Residential Accommodation) (Amendment) (England) Directions 2009 which came into force on 1st October 2009 M4 ;

(c) the NHS Continuing Healthcare (Responsibilities) Directions 2009 M5 which came into force on 1st October 2009; and

(d) the Delayed Discharges (Continuing Care) Directions 2009 which came into force on 28thSeptember 2009 M6 .

Marginal Citations

M1 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/ DH_106176.

M2 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/ DH_106178.

M3 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/ DH_078061.

M4 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/ DH_106179.

M5 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/ DH_106176.

M6 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Publications/ PublicationsLegislation/DH_106178.