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The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 223
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EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 65Z5(1) of the National Health Service Act 2006 (c. 41) gives certain bodies, including NHS England and integrated care boards, the power to arrange for their functions to be exercised by, or jointly with, one or more specified bodies (“the joint working and delegation power”). The National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 2022 (“the Joint Working Regulations”) disapply the joint working and delegation power in respect of specified functions of NHS England. These Regulations amend the Joint Working Regulations to prescribe additional functions to which the joint working and delegation power does not apply.
Regulation 2 of these Regulations inserts new provisions into the Joint Working Regulations disapplying the joint working and delegation power in respect of functions of NHS England and integrated care boards relating to eligibility for NHS Continuing Healthcare and NHS funded nursing care. It also precludes NHS England from delegating the function of arranging for the review of eligibility decisions for CHC to any other body. The legislative framework relating to NHS Continuing Healthcare and NHS funded nursing care is contained in Part 6 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (“the Standing Rules”). Regulation 20 of Standing Rules defines NHS Continuing Healthcare as a package of care arranged and funded solely by the health service in England for a person aged 18 or over to meet physical or mental health needs which have arisen as a result of disability, accident or illness. NHS funded nursing care is funding provided by the health service in England to care home providers for the provision of nursing care by a registered nurse.
Regulation 3 is a saving provision in relation to eligibility decisions for NHS Continuing Healthcare and NHS funded nursing care made on behalf of, or jointly with, NHS England or integrated care boards pursuant to a delegation or joint working arrangement under the joint working and delegation power, prior to the coming into force of this instrument.
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.
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