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- Point in Time (31/12/2020)
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Version Superseded: 01/07/2022
Point in time view as at 31/12/2020.
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1.—(1) These Regulations may be cited as the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013, and come into force on 1st April 2013.
(2) In these Regulations—
“the 2006 Act” means the National Health Service Act 2006;
“the 2012 Act” means the Health and Social Care Act 2012;
“the Board” means the National Health Service Commissioning Board M1;
“CCG” means clinical commissioning group M2.
Marginal Citations
M1The National Health Service Commissioning Board is established by section 1H of the 2006 Act. Section 1H is inserted by section 9(1) of the 2012 Act.
M2A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is part of an insertion made by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act, inserted by section 10 of the 2012 Act.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 12(2) (with savings and transitional provisions in reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 7; 2020 c. 1, Sch. 5 para. 1(1)
9. The relevant bodies for the purposes of section 269(2) and (4) of the 2006 Act (special notices of births and deaths), are—
(a)the Board;
(b)a local authority M3 whose area includes the whole or part of the registrar's sub-district; and
(c)a CCG whose area coincides with or includes the whole or part of the registrar's sub-district.
Marginal Citations
M3See section 2B(5) of the 2006 Act inserted by section 12 of the 2012 Act for the meaning of local authority.
10.—(1) The registrar must furnish the particulars of each birth and death entered in a register of births or deaths kept by the registrar for that sub-district, to each of the relevant bodies specified in regulation 9, by no later than 14 days from the date on which they are entered in that register.
(2) Particulars furnished under paragraph (1) must be provided in writing.
11. Particulars furnished under regulation 10 must be given, in the case of—
(a)the Board, to a person nominated for these purposes by the chief executive of the Board;
(b)a local authority, to the director of public health for the authority M4;
(c)a CCG, to a person nominated for these purposes by the accountable officer M5 of the CCG.
Marginal Citations
M4By virtue of section 73A of the 2006 Act inserted by section 30 of the 2012 Act, each local authority must, acting jointly with the Secretary of State, appoint a director of public health.
M5By virtue of paragraph 12(1) of Schedule 1A to the 2006 Act, inserted by section 25(2) of, and Schedule 2 to, the 2012 Act, each clinical commissioning group must have an accountable officer.
12. The National Health Service (Notification of Births and Deaths) Regulations 1982 M6 are revoked in relation to England.
Marginal Citations
13. The functions of a CCG exercisable under the provisions listed in the Schedule may, subject to such restrictions and conditions as the CCG considers appropriate, be exercised jointly with a Local Health Board.
14. Any of the functions of a CCG that may be exercisable by a CCG jointly with a Local Health Board under regulation 13 may be exercised by a joint committee of the CCG and the Local Health Board.
15. For the purposes of the seventh and sixteenth entries in column 2 of the Table in Schedule 23 to the 2012 Act (staff transfer schemes - permitted transferees), the prescribed public authorities exercising functions in relation to health are—
(a)a National Health Service trust established under section 25 of the 2006 Act (NHS Trusts); and
(b)an NHS foundation trust established under section 30 of the 2006 Act (NHS foundation trusts).
16.—(1) The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 M7 are amended as follows.
(2) In regulation 2 (interpretation)—
(a)for the definition of “commissioning body” substitute—
““commissioning body” means a local social services authority whose area is in England;”; and
(b)for the definition of “section 130A functions” substitute—
““section 130A functions” means the functions under section 130A of the Act of a local social services authority whose area is in England.”.
(3) For regulation 3 (directions in respect of section 130A functions), substitute—
(1) A commissioning body, in exercising section 130A functions, may enter into arrangements to appoint an individual to act as an IMHA only if the commissioning body is satisfied that the conditions set out in regulation 6 are satisfied.
(2) A commissioning body, in exercising section 130A functions, may enter into arrangements with a provider of advocacy services only if such arrangements include a term that the provider is satisfied that the conditions set out in regulation 6 are satisfied in respect of an individual made available by the provider to act as an IMHA.
(3) A commissioning body may only enter into the arrangements described in paragraphs (1) or (2) above where it has had due regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients.”
(4) Omit regulation 4 (amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 M8).
(5) Omit regulation 5 (amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 M9).
17. The CCG prescribed for the purposes of section 236 of the 2006 Act (payments for certain medical examinations), for the purpose of paying a medical practitioner who carries out a medical examination of any person with a view to an application for admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983, is as follows—
(a)where the person examined is usually resident in the area of a CCG, the CCG for that area;
(b)where sub-paragraph (a) does not apply, the CCG for the area in which the person was examined.
18. In this Part—
“the Principal Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 M10.
Marginal Citations
19. In regulation 5 of the Principal Regulations (interpretation of Part 3)—
(a)after the definition of “emergency services”, insert the following definition—
““mandatory dental services” means dental services which are equivalent in nature to services which must be provided under a general dental services contract by virtue of provision in regulation 14 of the National Health Services (General Dental Services Contracts) Regulations 2005 (mandatory services);”M11; and
(b)after the definition of “secondary care services”, insert the following definition—
““sedation services” means a course of treatment provided to a patient in connection with the provision to that patient of mandatory dental services during which the provider of that treatment administers one or more drugs to the patient which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—
the drugs and techniques used to provide the sedation are deployed by the provider of the treatment in a manner that ensures loss of consciousness is rendered unlikely; and
verbal contact with the patient is maintained in so far as is reasonably possible;”.
Marginal Citations
20. In regulation 10 of the Principal Regulations (services for prisoners and other detainees)—
(a)in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph—
“(a)community services (including mandatory dental services and sedation services);”; and
(b)in paragraph (2)(e), delete the words “(except Ashfield Young Offender Institution)”.
21. In regulation 14 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 M12 (responsibilities of directors of public health), after paragraph (b) insert—
“(c)any of the authority's functions arising from its duty to provide, or arrange the provision of, healthy start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005.”M13.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
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