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Article 2 Amendment of article 1 of the Establishment Order

Original text. Later amendments are not shown.

In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2)—

(a)

for the definition of “the Act”, substitute—

  • ““the Act” means the National Health Service Act 2006;”;

(b)

after the definition of “the Act”, insert—

  • ““community health services” means any services—

    1. (a)

      whose provision must be arranged by a clinical commissioning group under section 3(1)(d) or (e) of the Act;

    2. (b)

      which are of a kind mentioned in section 3(1)(d) or (e) of the Act, but—

      1. (i)

        whose provision must be arranged by the Board under regulations made under section 3B of the Act; or

      2. (ii)

        which may be provided by the Secretary of State or a local authority under section 2B of the Act;

    3. (c)

      which a local authority must provide under paragraph 1 of Schedule 1 to the Act;

    4. (d)

      which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act; or

    5. (e)

      which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act;”f1; and

(c)

omit the definition of “operational date”.

Annotations

Footnotes

f1

The relevant regulations referred to in the inserted definition for “community health services” at paragraph (b)(i) are The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996) and The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations (S.I. 2013/261). Section 2B of the 2006 Act was inserted by section 12 of the 2012 Act. Section 3(1) of the 2006 Act was amended by section 13 of the 2012 Act. Section 3B of the 2006 Act was inserted by section 15 of the 2012 Act. Paragraphs 1 and 2 of Schedule 1 to the 2006 Act were amended by section 17(2), (3) and (4) of the 2012 Act. Paragraph 7A of Schedule 1 was inserted by section 143(1) of the Health and Social Care Act 2008 (c.14) and amended by section 17(2) and (7) of the 2012 Act.