PART 2CARE TRUSTS AND MISCELLANEOUS AMENDMENTS
Amendment of the NHS Bodies and Local Authorities Partnership Regulations 200012
1
The NHS Bodies and Local Authorities Partnership Arrangements Regulations 200021 are amended as follows.
2
In regulation 2 (interpretation)22—
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;
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 Act23”.
3
In regulation 3 (prescribed NHS bodies and local authorities)24 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)25—
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)26—
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)27—
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)28, in paragraph (2), for “Primary Care Trust” substitute “clinical commissioning group”.
8
In regulation 8 (exercise of functions by NHS body)29, 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)30—
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.