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”) [F1 and that healthcare was being provided immediately before 1st July 2022], the relevant body with responsibility for that person on [F2 1st July 2022] 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.

[F3 (1A) Where a clinical commissioning group has, before 1st July 2022, determined that a person is eligible for NHS Continuing Healthcare, the relevant body with responsibility for that person on 1st July 2022 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.]

[F4 (2) Where a clinical commissioning group has, before 1st July 2022—

(a) started an initial screening process to decide whether to undertake an assessment of a person’s eligibility for NHS Continuing Healthcare 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, the relevant body with responsibility for that person must complete the assessment as if it had commenced under regulation 21.]

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F7 (6) Subject to regulation 27, the appointment of a person appointed as a CCG member in accordance with regulation 24 before 1st July 2022—

(a) continues for such period as it would have continued if the clinical commissioning group had not been abolished, and

(b) as if that person were appointed as an integrated care board member in respect of each integrated care board whose area falls wholly or partly within the area of the clinical commissioning group in relation to which they were a CCG 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 .

Textual Amendments

F1 Words in reg. 32(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), 209(6)(a)(i)

F2 Words in reg. 32(1) substituted (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), 209(6)(a)(ii)

F3 Reg. 32(1A) 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), 209(6)(b)

F4 Reg. 32(2) substituted (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), 209(6)(c)

F5 Reg. 32(3) 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), 209(6)(d)

F6 Reg. 32(4) 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), 209(6)(d)

F7 Reg. 32(6) substituted (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), 209(6)(e)

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.