2022 No. 642

National Health Service, England

The National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the power conferred by section 65Z5(3)(a) of the National Health Service Act 20061.

Citation, commencement and extentI11

1

These Regulations may be cited as the National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 2022.

2

These Regulations come into force on 1st July 2022.

3

These Regulations extend to England and Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.7.2022, see reg. 1(2)

Joint working and delegation arrangementsI22

The power in section 65Z5(1) of the National Health Service Act 20062 does not apply in relation to the functions of NHS England specified in—

a

the following provisions of the National Health Service Act 2006—

i

section 14Z25 (duty to establish integrated care boards);

ii

section 14Z26 (process for establishing initial integrated care boards);

iii

section 14Z28 (transfer schemes in connection with integrated care boards);

iv

section 14Z59 (performance assessment of integrated care boards);

v

section 14Z60 (power of NHS England to obtain information);

vi

section 14Z61 (power to give directions to integrated care boards);

vii

section 14Z62 (section 14Z61 directions: consultation and cooperation);

viii

section 27B (NHS England’s directions to NHS trusts);

ix

section 27C (recommendations about restructuring);

x

section 27D (intervention in NHS trusts: recommendations etc by NHS England);

xi

section 33 (applications by NHS trusts);

xii

section 35 (authorisation of NHS foundation trusts);

xiii

section 37 (amendments of constitution);

xiv

section 39 (register of NHS foundation trusts);

xv

section 39A (panel for advising governors);

xvi

section 42B (limits on capital expenditure);

xvii

section 42C (guidance in relation to orders under section 42B);

xviii

section 56 (mergers);

xix

section 56A (acquisitions);

xx

section 56B (separations);

xxi

section 57 (sections 56 to 56B: supplementary);

xxii

section 57A (dissolution);

xxiii

section 65B (NHS trusts: appointment of trust special administrator);

xxiv

section 65D (NHS foundation trusts: appointment of trust special administrator);

xxv

section 65DA (objective of trust special administration);

xxvi

section 65F (draft report);

xxvii

section 65G (consultation plan);

xxviii

section 65H (consultation requirements);

xxix

section 65I (final report);

xxx

section 65J (power to extend time);

xxxi

section 65K (decision of NHS England or Secretary of State in case of NHS trust);

xxxii

section 65KA (NHS England’s decision in case of NHS foundation trust);

xxxiii

section 65L (trusts coming out of administration);

xxxiv

section 65LA (trusts to be dissolved);

xxxv

section 65M (replacement of trust special administrator);

xxxvi

section 65N (guidance);

xxxvii

section 223G (means of meeting expenditure of integrated care boards out of public funds);

xxxviii

section 223GA (expenditure on integration);

xxxix

section 223GB (power to impose financial requirements on integrated care boards);

xl

section 223GC (financial duties of integrated care boards: expenditure limits);

xli

section 223L (joint financial objectives for integrated care boards etc);

xlii

section 223M (financial duties of integrated care boards etc: use of resources);

xliii

section 223N (financial duties of integrated care boards etc: additional controls on resource use);

xliv

paragraphs 28 and 29 of Schedule 4 (dissolution of NHS Trusts); F1...

b

the following chapters of Part 3 of the Health and Social Care Act 20123—

i

Chapter 3 (licensing of health service providers);

ii

Chapter 5 (health special administration);

iii

Chapter 6 (financial assistance in special administration cases F2; and

c

the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012.

Signed by authority of the Secretary of State for Health and Social Care

Edward ArgarMinister of State,Department of Health and Social Care
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that the power in section 65Z5(1) of the National Health Service Act 2006 (c. 41), as inserted by section 71 of the Health and Care Act 2022 (c. 31), does not apply to the functions of NHS England specified in the provisions of the National Health Service Act 2006 listed in regulation 2(a) and the provisions of the Health and Social Care Act 2012 listed in regulation 2(b). Section 65Z5 contains provision about joint working and delegation arrangements for certain bodies including NHS England.

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.