The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Article 12

SCHEDULE 3 Transitional and Saving Provisions

Elections relating to statutory sick pay

1.—(1) The amendments made by paragraph 15 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Sick Pay (National Health Service Employees) Regulations 1991(1), and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee’s contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012(2).

Elections relating to statutory maternity pay

2.—(1) The amendments made by paragraph 16 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Maternity Pay (National Health Service Employees) Regulations 1991(3), and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee’s contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Continuing effect of applications to court

3.  Any application in respect of a child to a court under section 25 of the Children Act 1989 made by a Primary Care Trust as a result of regulation 2 of the Children (Secure Accommodation) (No. 2) Regulations 1991(4) is, so far as necessary for any purposes after 31st March 2013, to be treated as made by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) responsible for making arrangements for the provision of accommodation for the child.

Special educational needs: unfulfilled requests for medical advice

4.  Any request for medical advice from a Primary Care Trust under regulation 7(1)(c) of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001(5) which remains unfulfilled immediately before 1st April 2013 must be fulfilled by the person (namely the National Health Service Commissioning Board or a clinical commissioning group) to whom the request would have been made had it been made after 31st March 2013.

Continuing validity of prescription forms

5.  Notwithstanding the amendments made by paragraphs 50 and 58 of Schedule 2, a prescription form provided by a Primary Care Trust for the purposes of private prescribing (which may also be used for the purposes of issuing a health prescription) is to continue to be valid for the purposes of—

(a) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations 2001(6), and

(b) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations (Northern Ireland) 2002(7).

Local supervising authority

6.—(1) So far as necessary for any purposes after 31st March 2013, any act or omission by or in relation to a Strategic Health Authority before 1st April 2013 in its capacity as a local supervising authority under or in connection with—

(a) article 43 of the Nursing and Midwifery Order 2001(8), or

(b) rules made under articles 42 and 43 of that Order,

is to be treated as an act or omission by or in relation to the National Health Service Commissioning Board in its capacity as such an authority.

(2) The amendment made by paragraph 51(1) and (3) of Schedule 2 does not affect the continuing validity or effect —

(a) of any appointment before 1st April 2013 of any person in accordance with rules made under articles 42 and 43 of the Nursing and Midwifery Order 2001, or

(b) of any act or omission done by or in relation to any such person in their capacity as such an appointee before 1st April 2013.

(3) In this paragraph, “local supervising authority” has the same meaning as in the Nursing and Midwifery Order 2001.

Elections relating to statutory paternity and statutory adoption pay

7.—(1) The amendments made by paragraph 56 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002(9), and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee’s contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Continuing validity of medical cards

8.  Notwithstanding the amendments made by paragraphs 64(1) and (2)(c), 70(1) and (2)(b), 71(1) and (2)(b) and 75(1) and (2)(b) of Schedule 2, a medical card issued by a Primary Care Trust is to continue to be valid for the purposes of—

(a) the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(10),

(b) the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(11),

(c) the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(12), and

(d) the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004(13).

Duty to co-operate with complaints

9.  The amendment made by paragraph 64(1) and (8) of Schedule 2 does not affect the duty of a contractor under paragraph 95 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

10.  The amendment made by paragraph 70(1) and (3)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 87 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

11.  The amendment made by paragraph 71(1) and (3) of Schedule 2 does not affect the duty of a provider under paragraph 52 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

12.  The amendment made by paragraph 75(1) and (4)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 89 of Schedule 5 to the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

13.  The amendment made by paragraph 95(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006(14) to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

14.  The amendment made by paragraph 96(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006(15) to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

Continuing validity of nominations

15.  The amendments made by paragraph 66(1) and (2) of Schedule 2 do not affect the continuation of any person’s nomination as a legal representative for the purposes of Schedule 1 to the Medicines for Human Use (Clinical Trials) Regulations 2004(16) if that person was nominated by a Primary Care Trust or Strategic Health Authority.

Continuing validity of guidance

16.  Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 15 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes.

17.  Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 14 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes.

Complaints under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

18.  The amendments made by paragraph 123 of Schedule 2 do not affect the handling of any complaint which immediately before 1st April 2013 is being or is to be handled by a provider in accordance with regulation 7 of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(17).

19.—(1) This paragraph applies to any complaint made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”) under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 which is still being handled by the predecessor body immediately before 1st April 2013.

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the Board must take over the handling of the complaint.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the group must take over the handling of the complaint.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006(18)), or to a service which after that date is provided under arrangements made by such an authority, the authority must take over the handling of the complaint as if the complaint had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012(19).

20.—(1) This paragraph applies to any complaint under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009—

(a) which falls to be made after 31st March 2013,

(b) which relates to anything occurring before 1st April 2013, and

(c) which if made before that date would have been made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”).

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the complaint must be made to the Board which shall deal with or handle it in accordance with those Regulations.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the complaint must be made to the group which shall deal with or handle it in accordance with those Regulations.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006), or to a service which after that date is provided under arrangements made by such an authority, the complaint must be made to the authority which shall deal with or handle the complaint as if it had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012.

21.  If a local authority—

(a) takes over the handling of a complaint in accordance with paragraph 19(4), or

(b) deals with or handles a complaint in accordance with paragraph 20(4),

regulation 29(2)(c) of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 is to have effect as if the reference to the right to take a complaint to a Local Commissioner under the Local Government Act 1974(20) were a reference to the right to take a complaint to the Health Service Commissioner for England under the Health Service Commissioners Act 1993(21).

Continuing operation of pilot schemes

22.—(1) The amendments made by paragraph 154 of Schedule 2 do not affect the continuing operation after 31st March 2013 of any pilot scheme which has effect immediately before 1st April 2013.

(2) Any direct payment which but for that abolition could be payable under a pilot scheme by a Primary Care Trust after 31st March 2013 is to be payable by a successor body.

(3) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as an act or omission by or in relation to a successor body.

(4) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, a successor body.

(5) Any reference (however expressed) in a pilot scheme to a Primary Care Trust is, where appropriate, to be treated as a reference to a successor body.

(6) In the application of the Direct Payments Regulations to a pilot scheme which has continuing operation by virtue of sub-paragraph (1), any reference in those Regulations to a pilot health body is, where appropriate, to be treated as reference to a successor body.

(7) Where there is more than one successor body in relation to a Primary Care Trust in respect of which a pilot scheme has been made—

(a) sub-paragraphs (2) to (5) are to apply separately in relation to each successor body, and

(b) sub-paragraph (6), in its application to regulations 3 to 5 of the Direct Payments Regulations, is to have effect as if for “a successor body” there were substituted “all of the successor bodies”.

(8) In this paragraph—

“direct payment” means a direct payment under a pilot scheme;

“the Direct Payments Regulations” means the National Health Service (Direct Payments) Regulations 2010(22);

“health body” means a clinical commissioning group, a local authority (within the meaning of section 2B of the National Health Service Act 2006(23)) or the National Health Commissioning Board;

“pilot scheme” means a pilot scheme under the Direct Payments Regulations;

“relevant function” means a power or duty to provide or arrange for the provision of anything to a person;

“successor body”, in relation to a Primary Care Trust in respect of which a pilot scheme has been made, means a health body whose relevant functions after 31st March 2013 are or include functions in respect of which, if criteria in the pilot scheme were met, direct payments under the scheme could be made.

Ongoing complaints: Wales

23.—(1) Sub-paragraph (2) applies if—

(a) arrangements by a Strategic Health Authority or Primary Care Trust with a Welsh NHS body falling within Part 7 of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011(24), or

(b) liabilities under or in connection with such arrangements,

are transferred to a clinical commissioning group, the National Health Service Commissioning Board, a local authority (within the meaning of section 2B of the National Health Service Act 2006) or another person by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

(2) That group, Board, authority or person is to be responsible for any relevant functions under Part 7 of those Regulations that fall to be performed after 31st March 2013.

Unpaid service to be taken into account

24.  The amendments made by paragraph 165 of Schedule 2 are not to prevent unpaid service with a Primary Care Trust or Strategic Health Authority being taken into account for the purposes of regulation 38(6) of the Education (Student Support) Regulations 2011(25).

Publication of public sector equality duty information and equality objectives

25.  In its application to a clinical commissioning group, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 2(2)(a) of the Equality Act 2010 (Specific Duties) Regulations 2011(26) (publication of public sector equality duty information not later than 31st January 2012) is to have effect as if the reference to 31st January 2012 were a reference to 31st January 2014.

26.  In its application to the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 3(2)(a) of those Regulations (publication of equality objectives not later than 6th April 2012) is to have effect as if the reference to 6th April 2012 were a reference to 6th April 2013.

27.  In its application to a clinical commissioning group, regulation 3(2)(a) of those Regulations is to have effect as if the reference to 6th April 2012 were a reference to 13th October 2013.

Continuing validity and effect of patient group directions

28.—(1) The amendments made by paragraph 176 of Schedule 2 do not affect the continuing validity or effect of any patient group direction (within the meaning of Part 12 of the Human Medicines Regulations 2012(27)) which has effect immediately before 1st April 2013.

(2) Any such patient group direction is to have effect until it expires or is replaced.

(1)

S.I. 1991/589. The relevant amending instrument is S.I. 2000/694.

(2)

2012 c. 7.

(3)

S.I. 1991/590. The relevant amending instrument is S.I. 2000/694.

(4)

S.I. 1991/2034. Relevant amending instruments are S.I. 2000/694, S.I. 2002/546 and S.I. 2010/1172.

(5)

S.I. 2001/3455. The relevant amending instrument is S.I. 2002/2469.

(6)

S.I. 2001/3998. The relevant amending instrument is S.I. 2006/1450.

(7)

S.R. 2002/1. The relevant amending instrument is S.R. 2006/264.

(8)

S.I. 2002/253.

(9)

S.I. 2002/2819.

(10)

S.I. 2004/478.

(11)

S.S.I. 2004/115.

(12)

S.S.I 2004/116.

(13)

S.R. 2004/140.

(14)

S.I. 2006/489, to which there are amendments not relevant to this Order.

(15)

S.I. 2006/490, to which there are amendments not relevant to this Order.

(16)

S.I. 2004/1031, to which there are amendments not relevant to this Order.

(17)

S.I. 2009/309, to which there are amendments not relevant to this Order

(18)

2006 c. 41.

(19)

S.I. 2012/3094.

(20)

1974 c. 7.

(21)

1993 c. 46.

(22)

S.I. 2010/1000, to which there are amendments not relevant to this Order.

(23)

Section 2B was inserted by section 12 of the Health and Social Care Act 2012 (c. 7).

(24)

S.I. 2011/704, to which there are amendments not relevant to this Order.

(25)

S.I. 2011/1986, to which there are amendments not relevant to this Order.

(26)

S.I. 2011/2260, to which there are amendments not relevant to this Order.

(27)

S.I. 2012/1916.