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

[F1 Functions relating to NHS Continuing Healthcare and NHS funded nursing care E+W

3.   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.]

Textual Amendments

F1 Reg. 3 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(4) (with reg. 3)