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

Joint working and delegation arrangements E+W

2.  The power in section 65Z5(1) of [F1 the 2006 Act] (1) does not apply in relation to the functions of NHS England specified in—

(a) the following provisions of [F2 the 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 2012(2)—

(i) Chapter 3 (licensing of health service providers);

(ii) Chapter 5 (health special administration);

(iii) Chapter 6 (financial assistance in special administration cases [F4 ; F5 ...

(c) the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012 [F6 ; and]]

[F7 (d) regulation 23 of the Standing Rules (the Board’s duty: reviewing decisions).]

Textual Amendments

F1 Words in reg. 2 substituted (10.4.2023) by The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023 (S.I. 2023/223), regs. 1(2), 2(3)(a) (with reg. 3)

F2 Words in reg. 2(a) substituted (10.4.2023) by The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023 (S.I. 2023/223), regs. 1(2), 2(3)(b) (with reg. 3)

F3 Word in reg. 2(a) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 63(a) (with reg. 3)

F4 Reg. 2(c) and word inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 63(b) (with reg. 3)

F5 Word in reg. 2(b)(iii) omitted (10.4.2023) by The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023 (S.I. 2023/223), regs. 1(2), 2(3)(c) (with reg. 3)

F6 Word in reg. 2(c) substituted (10.4.2023) by The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023 (S.I. 2023/223), regs. 1(2), 2(3)(d) (with reg. 3)

F7 Reg. 2(d) inserted (10.4.2023) by The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023 (S.I. 2023/223), regs. 1(2), 2(3)(e) (with reg. 3)

Commencement Information

I1 Reg. 2 in force at 1.7.2022, see reg. 1(2)

(1)

Sections 14Z25, 14Z26, 14Z28, 14Z59, 14Z60, 14Z61, 14Z62, 27B, 27C, 27D, 42B, 42C, 223GB, 223GC, 223L, 223M and 223N of the National Health Service Act 2006 were inserted by the Health and Care Act 2022. Sections 33, 35, 37, 39, 56 and 57 of, and paragraphs 28 and 29 of Schedule 4 to, the National Health Service Act 2006 were amended by the Health and Care Act 2022. Sections 39A, 56A, 56B, 57A, 65DA, 65KA, 65LA and 223G of the National Health Service Act 2006, which were inserted by the Health and Social Care Act 2012 (c. 7), were amended by the Health and Care Act 2022. Sections 65B and 65K of the National Health Service Act 2006 were substituted by the Health and Care Act 2022. Sections 65D, 65F, 65G, 65H, 65I, 65J, 65L, 65M and 65N of the National Health Service Act 2006, which were inserted by the Health Act 2009 (c. 21), were amended by the Health and Care Act 2022.

(2)

2012 c. 7. Chapters 3, 5 and 6 of Part 3 of the Health and Care Act 2012 were amended by the Health and Care Act 2022.