A1

Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).

Provision that is consequential on the Health and Care Act 2022: liabilities transferred to integrated care boards and NHS England22

1

A claim for a liability of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board.

2

A liability of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board.

3

A claim for a liability of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England.

4

A liability of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England.

5

A liability of Monitor which—

a

arose before 1st July 2022, and

b

is a liability of the kind which may be claimed by a member under the Scheme,

may be claimed on or after that date by NHS England.

6

In this Regulation—

• “a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act;

• “claim” means a claim under the Scheme;

• “liability” means a liability to which the Scheme applies;

• “Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012;

• “NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012;

• “relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.