8.—(1) The duty imposed by section 117(2) of the Mental Health Act 1983 on an ICB to arrange for the provision of after-care services for a person to whom that section applies is to be imposed instead on NHS England in the circumstances described in paragraph (2).
(2) The circumstances described in this paragraph are that the person is receiving after-care services under section 117 of the Mental Health Act 1983 which, if it were being provided under the NHS Act 2006, would be a service the provision of which NHS England had a duty to arrange (see sections 3B and 4 of the NHS Act 2006).