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This Statutory Instrument has been made in consequence of errors in S.I. 2017/744 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2018 No. 59

National Health Service, England

The National Health Service (Quality Accounts) (Amendment) (No. 2) Regulations 2018

Made

18th January 2018

Laid before Parliament

22nd January 2018

Coming into force

19th February 2018

The Secretary of State, in exercise of the powers conferred by sections 8, 9(5) and 10(3) of the Health Act 2009(1), makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the National Health Service (Quality Accounts) (Amendment) (No. 2) Regulations 2018.

(2) These Regulations come into force on 19th February 2018.

Amendment to the National Health Service (Quality Accounts) Regulations 2010

2.—(1) Regulation 4 of the National Health Service (Quality Accounts) Regulations 2010(2) is amended as follows.

(2) In paragraph (1)(b), for “(2) and (2A)” substitute “(2), (2A) and (2B)”.

(3) In paragraph (2), omit “and 27.1 to 27.9”.

(4) In paragraph (2B), in the opening words—

(a)omit “or (3)”;

(b)after “Schedule”, insert “, presented in the way specified for those items in column 2 of that table,”.

Signed by authority of the Secretary of State.

Caroline Dinenage

Minister of State,

Department of Health and Social Care

18th January 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, issued free of charge, correct drafting errors in the National Health Service (Quality Accounts) (Amendment) Regulations 2017 (“the 2017 Regulations”), which amended the National Health Service (Quality Accounts) Regulations 2010 (“the 2010 Regulations”). The amendments made by the 2017 Regulations increased the information which has to be included in the quality accounts published annually by NHS service providers. The amendment to regulation 4(2) of the 2010 Regulations taken with the reference to section 8(3) of the Health Act 2009 (“the 2009 Act”) in the opening words of new paragraph (2B), made the new information prescribed information for the purposes of both sections 8(1) and 8(3) of the 2009 Act. This had the effect of imposing the new requirements not only on NHS trusts and foundation trusts but also on other providers of NHS services. This was not the intention, and these Regulations ensure that this information is only prescribed for the purposes of section 8(1) of the 2009 Act, so that the requirements only apply to NHS trusts and foundation trusts (excluding ambulance trusts).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2009 c.21. Section 8 was amended by paragraphs 173 and 177 of Schedule 5 and paragraphs 112 and 114 of Schedule 14 to the Health and Social Care Act 2012 (c.7).

(2)

S.I. 2010/279. Regulation 4 was amended by S.I. 2012/3081, and 2017/744.