2022 No. 642
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.
F7Interpretation1A
In these Regulations—
“the 2006 Act” means the National Health Service Act 2006;
“relevant body” has the meaning given in regulation 2(1) of the Standing Rules;
“the Standing Rules” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012.
Joint working and delegation arrangementsI22
The power in section 65Z5(1) of F4the 2006 Act2 does not apply in relation to the functions of NHS England specified in—
a
the following provisions of F5the 2006 Act—
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); F3...
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);
c
the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012 F8; and
F1d
regulation 23 of the Standing Rules (the Board’s duty: reviewing decisions).
F2Functions relating to NHS Continuing Healthcare and NHS funded nursing care3
The power in section 65Z5(1) of the 2006 Act does not apply in relation to the functions of NHS England and integrated care boards arising under or by virtue of sections 3, 3A or 3B of the 2006 Act insofar as they relate to—
a
deciding whether a person has a primary health need in accordance with paragraph (5)(b) of regulation 21 of the Standing Rules (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare); and
b
determining whether a person has a need for nursing care in accordance with regulation 28 of the Standing Rules (persons who enter relevant premises or who develop a need for nursing care) but the power continues to apply in relation to an assessment of the need for nursing care under paragraph (1) of that regulation.
Signed by authority of the Secretary of State for Health and Social Care
(This note is not part of the Regulations)