Search Legislation

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

Changes over time for: SCHEDULE 1

 Help about opening options

Version Superseded: 01/07/2022

Status:

Point in time view as at 25/03/2022.

Changes to legislation:

There are currently no known outstanding effects for the The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulation 4

SCHEDULE 1E+WAdditional persons for whom a CCG has responsibility

This schedule has no associated Explanatory Memorandum

1.  In this Schedule—E+W

[F1“care home”—

(a)

in England, has the same meaning as in the Care Standards Act 2000, and

(b)

in Wales, means a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, which is provided wholly or mainly to adults;]

child” means a person under the age of 18;

[F2“children’s home”—

(a)

in England, has the same meaning as in the Care Standards Act 2000, and

(b)

in Wales, means a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, which is provided wholly or mainly to children;]

continuing care” means care provided over an extended period of time to a person to meet physical or mental health needs which have arisen as the result of illness;

independent hospital” means a hospital as defined in section 275(1) of the 2006 Act (interpretation), that is not a health service hospital as defined there;

local authority” means a county council, a district council for an area for which there is no county council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;

planned service” means any service whose provision is planned and arranged by a CCG as part of the health service in response to the results of an assessment of a person's physical or mental health needs and which is intended to bring about or promote a specific outcome in relation to those needs.

2.  The list of persons referred to in regulation 4(1) is as follows—E+W

(a)every person present in the CCG's area, in relation to the provision of ambulance services or accident and emergency services, whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere (but excluding any services provided after the person has been accepted as an in-patient, or at an out-patient appointment);

(b)every person aged 18 or over who falls within paragraph 3, in relation to the provision of the accommodation or services referred to in paragraph 3(b);

(c)every child who falls within paragraph 4;

(d)every person who falls within paragraph 5 in relation to the provision of the accommodation or services referred to in paragraph 5(b);

(e)every person who falls within paragraph 6 in relation to the provision of the accommodation or services referred to in paragraph 6(b);

(f)every child who falls within paragraph 7 in relation to the provision of the accommodation or services referred to in paragraph 7(b);

(g)every child who falls within paragraph 8;

(h)every person present in the CCG's area who is resident outside the United Kingdom and not provided with primary medical services by a member of any CCG;

(i)every person resident in Scotland, Wales or Northern Ireland and present in the CCG's area who is a qualifying patient within the meaning of section 130C of the 1983 Act M1(section 130A:supplemental), and not provided with primary medical services by a member of any CCG;

(j)every person who is a qualifying patient within the meaning of section 130C of the 1983 Act and liable to be detained under that Act in a hospital or registered establishment (within the meaning of that Act) in the CCG's area.

Marginal Citations

M1Section 130C was inserted by section 30 of the Mental Health Act 2007 (c. 12). It has been amended, in relation to Wales, by Schedule 1 to the Mental Health (Wales) Measure 2010 (nawm 7).

3.  A person falls within this paragraph if—E+W

(a)the CCG has made an arrangement in the exercise of its commissioning functions (by itself or jointly with a local authority) by virtue of which the person is to be provided with services to meet his or her continuing care needs,

(b)those services consist of or include the provision of the following accommodation and services to meet the person's continuing care needs—

(i)accommodation in a care home or independent hospital situated in the area of another CCG [F3or of a Local Health Board], and

(ii)at least one planned service (other than a service consisting only of NHS-funded nursing care) which is connected to the provision of such accommodation (whether or not the accommodation is arranged by the CCG referred to in sub-paragraph (a)),

(c)the person is resident in that accommodation and continues to need that planned service (or those planned services), and

(d)the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

4.—(1) A child falls within this paragraph if both of sub-paragraphs (2) and (3) apply to the child.E+W

(2) This sub-paragraph applies to a child if any of the following is the case—

(a)the child is looked after by a local authority within the meaning of section 22 of the Children Act 1989 M2 (general duty of local authority in relation to children looked after by them), other than by way of being accommodated in a secure children's home in respect of which the National Health Service Commissioning Board M3 must arrange for the provision of services to children detained there M4;

(b)the child is a relevant child within the meaning of section 23A of that Act M5(the responsible authority and relevant children);

(c)the child is a person to whom section 24(1A) or (1B) of that Act M6(persons qualifying for advice and assistance) applies;

(d)the child is provided with accommodation at a school to which he or she is admitted in accordance with [F4an EHC plan made under section 37 of the Children and Families Act 2014]; or

(e)the child requires accommodation in a care home, a children's home or an independent hospital to meet the child's continuing care needs.

(3) This sub-paragraph applies to a child if—

(a)the child is provided with—

(i)services which consist of or include the provision of accommodation situated in the area of another CCG or of a Local Health Board, under arrangements made by the CCG in the exercise of its commissioning functions (by itself or jointly with a local authority), or

(ii)such services under arrangements made by the local authority and immediately before those arrangements were made the CCG was responsible for the child under section 3(1A) of the 2006 Act; and

(b)the child is both—

(i)resident in that accommodation, and

(ii)would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

Textual Amendments

Marginal Citations

M3The National Health Service Commissioning Board is established by section 1H of the 2006 Act as inserted by section 9(1) of the 2012 Act.

M4See regulation 10 of these Regulations (services to be provided by the Board for prisoners and other detainees).

M5Section 23A was inserted into the Children Act 1989 by section 2(1) and (4) of the Children (Leaving Care) Act 2000 (c.35).

M6Section 24(1A) and (1B) were inserted into the Children Act 1989 by section 139(1) of, and paragraphs 54, 60(a) and 60(b) of Schedule 3 to the Adoption and Children Act 2002 ( c.38).

5.  A person falls within this paragraph if—E+W

(a)the CCG has made an arrangement in the exercise of its commissioning functions (by itself or jointly with a local authority) by virtue of which immediately before attaining 18 the person was provided with services to meet his or her continuing care needs;

(b)those services consist of or include the provision of the following accommodation and services to meet the person's continuing care needs—

(i)accommodation in a care home, a children's home or an independent hospital situated in the area of another CCG [F5or of a Local Health Board], and

(ii)nursing and another service which is a planned service, as part of the health service to meet his or her continuing care needs;

(c)the person is resident in that accommodation and continues to need that planned service (or those planned services), and

(d)the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

6.  A person falls within this paragraph if—E+W

(a)a Primary Care Trust has made an arrangement before the relevant date in the exercise of its functions by virtue of regulation 3 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002 M7 by virtue of which the person was provided with services to meet his or her continuing care needs;

(b)the rights and liabilities under that arrangement are transferred to the CCG by virtue of a scheme made under section 300 of the 2012 Act (transfer schemes);

(c)the person continues to need the provision of the following accommodation and services to meet the person's continuing care needs—

(i)accommodation in a care home or independent hospital situated in the area of another CCG, and

(ii)at least one planned service (other than a service consisting only of NHS-funded nursing care) which is connected to the provision of such accommodation (whether or not the accommodation is arranged by the CCG); and

(d)the person would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

Marginal Citations

M7S.I. 2002/2375 relevant amending instruments S.I. 2006/359 and S.I. 2010/2649.

7.  A child falls within this paragraph if—E+W

(a)a Primary Care Trust has made an arrangement on or before 31st March 2013 in the exercise of its functions by virtue of regulation 3 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 by virtue of which the child was provided with services to meet his or her continuing care needs;

(b)the rights and liabilities under that arrangement are transferred to the CCG by virtue of a scheme made under section 300 of the 2012 Act;

(c)the child continues to need services consisting of or including the provision of accommodation in a care home, a children's home or an independent hospital situated in the area of another CCG and nursing and another service which is a planned service as part of the health service to meet his or her continuing care needs; and

(d)the child would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

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

(a)a local authority has made an arrangement before the relevant date by virtue of which the child is provided with accommodation at a school in the area of another CCG or a Local Health Board, to which the child is admitted in accordance with [F6an EHC plan made under section 37 of the 2014 Act];

(b)immediately before the child was accommodated at that school the child was either—

(i)provided with primary medical services by a person who is now a member of the CCG; or

(ii)usually resident in the area of the CCG and not provided with primary medical services by a person who is now a member of the CCG; and

(c)the child would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources