The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

Amendment of the NHS Bodies and Local Authorities Partnership Regulations 2000

12.—(1) The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000(1) are amended as follows.

(2) In regulation 2 (interpretation)(2)—

(a) omit the definition of “the 1977 Act”;

(b) after the definition of “the 1983 Act” insert—

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

(c) omit the definition of “health improvement plan”;”

(d) before the definition of “health-related functions” insert—

““the Board” means the National Health Service Commissioning Board;”; and

(e) in the definition of “NHS contract” for “section 4(1) of the National Health Service and Community Care Act 1990” substitute “section 9 of the 2006 Act(3)”.

(3) In regulation 3 (prescribed NHS bodies and local authorities)(4) in paragraph (1)—

(a) omit paragraph (b);

(b) after paragraph (d) insert—

“(e) a clinical commissioning group;

(f) the Board.”.

(4) In regulation 4 (partnership arrangements between NHS bodies and local authorities)(5)—

(a) in paragraph (2A), omit from the words “regulation 4” to the end and insert—

“section 77(1A)(b) of the 2006 Act and regulation 4 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (consultation requirements).”;

(b) omit paragraph (3).

(5) In regulation 5 (functions of NHS bodies)(6)—

(a) for paragraph (a), substitute—

“(a) the functions of arranging for the provision of services under sections 3, 3A and 3B of, and paragraphs 9 to 11 of Schedule 1, to the 2006 Act, including rehabilitation services and services intended to avoid admission to hospital but excluding surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments and other invasive treatments and emergency ambulance services; and

(aa) the functions of providing the services referred to in paragraph (a), pursuant to arrangements made by a clinical commissioning group or the Board;”;

(b) for paragraph (b) substitute—

“(b) the functions of arranging for the provision of services under section 117 of the Mental Health Act 1983; and

(ba) the functions of providing services referred to in paragraph (b) pursuant to arrangements made by a clinical commissioning group or the Board;”;

(c) in paragraph (bb)(ii), omit “regulation 2(7) of”.

(6) In regulation 6 (health-related functions of local authorities)(7)—

(a) in paragraph (a), for “the Local Authorities Social Services Act 1970” substitute “the Local Authority Social Services Act 1970”;

(b) for paragraph (a)(ii) substitute—

“section 6 of the Local Authority Social Services Act 1970;”;

(c) in paragraph (a)(iva), after “1983 Act;” insert “and”;

(d) omit paragraph (a)(v);

(e) in paragraph (a)(vi), for “Parts VII to X” substitute “Parts VII to IX”;

(f) in paragraph (d), for “section 57 of the Education Act 1996” substitute “section 578 of the Education Act 1996”; and

(g) after paragraph (l) insert—

“(m) the functions of local authorities under or by virtue of sections 2B or 6C(1) of, or Schedule 1 to, the 2006 Act.”.

(7) In regulation 7 (pooled fund arrangements)(8), in paragraph (2), for “Primary Care Trust” substitute “clinical commissioning group”.

(8) In regulation 8 (exercise of functions by NHS body)(9), after paragraph (2)(h) insert—

“(i) the arrangements in place for the sharing of information between NHS bodies and local authorities.”.

(9) In regulation 9 (exercise of functions by local authorities)(10)—

(a) in paragraph (2), for “Primary Care Trust” substitute “clinical commissioning group”; and

(b) after paragraph (3)(h), insert—

“(i) the arrangements in place for the sharing of information between NHS bodies and local authorities.”.

(1)

S.I. 2000/617.

(2)

Regulation 2 was amended by S.I. 2000/629.

(3)

Section 9 was amended by the 2008 Act, Schedule 5, paragraph 82 and by the 2012 Act, Schedule 4, paragraph 6, Schedule 7, paragraph 18, Schedule 14, paragraph 4, Schedule 17, paragraph 10(2), Schedule 19, paragraph 9(2), and Schedule 21, paragraph 6.

(4)

Regulation 3 was amended by S.I. 2002/2469, 2003/629 and 2004/696.

(5)

Regulation 4 was amended by S.I. 2002/2469 and 2003/629.

(6)

Regulation 5 was amended by S.I. 2009/278 and 2010/1000.

(7)

Regulation 6 was amended by S.I. 2003/629, 2005/3504 and 2010/1172.

(8)

Regulation 7 was amended by S.I. 2002/2469.

(9)

Regulation 8 was amended by S.I. 2003/629.

(10)

Regulation 9 was amended by S.I. 2002/2469 and 2003/629.