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

Continuing operation of pilot schemes U.K.

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 M1 ;

“health body” means a clinical commissioning group, a local authority (within the meaning of section 2B of the National Health Service Act 2006 M2 ) 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.

Marginal Citations

M1 S.I. 2010/1000, to which there are amendments not relevant to this Order.

M2 Section 2B was inserted by section 12 of the Health and Social Care Act 2012 (c. 7).