OpenLegislation

The National Health Service (Clinical Commissioning Groups— Disapplication of Responsibility) Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111531525

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 272(6)(zza) of the National Health Service Act 2006, for approval by resolution of each House of Parliament.

National Health Service, England

Made ***

Coming into force 1st April 2013

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 3(1D) and 272(7) and (8)(a) of the National Health Service Act 2006f1.

In accordance with section 272(6)(zza) of that Actf2, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2006 c. 41. Subsection (1D) of section 3 is part of an insertion made by section 13(3) of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). By virtue of section 271(1) of the National Health Service Act 2006 (“the 2006 Act”), the powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.

f2

Paragraph (zza) of section 272(6) of the 2006 Act was inserted by section 13(8) of the 2012 Health Act.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Persons for whom a CCG does not have responsibility in relation to its duty to commission services
  3. 3Usual residence
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2012 and come into force on 1st April 2013.

(2)

In these Regulations—

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

  • “CCG” means clinical commissioning groupf1;

  • “immigration removal centre” means a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999f2;

  • “the Responsibilities Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012f3;

  • “secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)f4 may be detained and given training and education and prepared for their release;

  • “walk-in centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by the National Health Service Commissioning Boardf5 or a CCG;

  • “young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life.

2Persons for whom a CCG does not have responsibility in relation to its duty to commission services

(1)

For the purposes of section 3 of the 2006 Actf1 (duties of CCGs as to commissioning certain health services), subsection (1A) of that sectionf2 does not apply—

(a)

to the persons listed in paragraph (2); or

(b)

in the circumstances prescribed in paragraph (3).

(2)

The list of persons referred to in paragraph (1)(a) is as follows—

(a)

a person usually resident in Northern Ireland who is provided with primary medical services by a member of the CCG;

(b)

a person usually resident in Scotland who is provided with primary medical services by a member of the CCG;

(c)

a person usually resident in Wales who is provided with primary medical services by a member of the CCG;

(d)

a person for whom the CCG would normally have responsibility under section 3(1A)(a) of the 2006 Act but who has been accepted as a temporary resident by a member of another CCG;

(e)

a person provided, by a member of the CCG, only with primary medical services other than those of a description prescribed under section 14A(4) of the 2006 Actf3(general duties of Board in relation to clinical commissioning groups);

(f)

a person detained in—

(i)

an immigration removal centre;

(ii)

a secure training centre; or

(iii)

a young offender institution;

(g)

a person for whom another CCG is responsible by virtue of—

(i)

regulation 4 of, and paragraph 2(c) of Schedule 1 to, the Responsibilities Regulations 2012;

(ii)

regulation 4 of, and paragraph 2(g) of Schedule 1 to, the Responsibilities Regulations 2012; or

(iii)

regulation 4 of, and paragraph 2(j) of Schedule 1 to, the Responsibilities Regulations 2012.

(3)

The circumstances referred to in paragraph (1)(b) are—

(a)

the provision to a person of ambulance services or accident and emergency services, whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere (but excluding any services provided after the person has been accepted as an in-patient, or at an out-patient appointment) where another CCG has responsibility for such provision by virtue of regulation 4 of, and paragraph 2(a) of Schedule 1 to, the Responsibilities Regulations 2012;

(b)

the provision of accommodation or services in a care home, children’s home or independent hospital where another CCG has responsibility for such provision by virtue of regulation 4 of, and paragraph 2(b), 2(d), 2(e) or 2(f) of Schedule 1 to, the Responsibilities Regulations 2012.

(4)

In paragraph (2)(d), the reference to a person who has been accepted as a temporary resident means—

(a)

a person accepted by a contractor as a temporary resident under paragraph 16 of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004f4 or under paragraph 15 of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004f5, and for whom that contractor’s responsibility has not been terminated in accordance with the relevant one of those two paragraphs, or

(b)

a person accepted by a provider of services as a temporary resident under the terms of an arrangement under section 83 of the 2006 Act (primary medical services), and for whom that contractor’s responsibility has not been terminated in accordance with that arrangement.

3Usual residence

(1)

This regulation applies if there is a doubt about where a person (“P”) is usually resident for the purposes of regulation 2(2)(a), (b) or (c).

(2)

If P gives an address of usual residence, P is to be treated as usually resident at that address.

(3)

If P gives instead his or her most recent address, P is to be treated as usually resident at that address.

(4)

If P gives neither of those addresses, or gives no address, P is to be treated as usually resident at the place where P is present.

(5)

References in this regulation to P’s giving an address include another person giving an address for P on P’s behalf.

Signature

Signed by authority of the Secretary of State for Health.

Name

Parliamentary Under-Secretary of State,

Department of Health

Date

Explanatory note

(This note is not part of the Regulations)

Section 3(1A) of the National Health Service Act 2006 (“the 2006 Act”) (as inserted by section 13(3) of the Health and Social Care Act 2012 (“the 2012 Act”)) provides for a clinical commissioning group (“CCG”) to have the duty to commission health services for persons who are provided with primary medical services by a member of the CCG, and persons who usually reside in the CCG’s area and who are not provided with primary medical services by a member of any CCG. However, by virtue of section 3(1D) of the 2006 Act, inserted by the same provision of the 2012 Act, regulations may provide for certain exceptions to this.

These Regulations provide, by way of exception, that a CCG does not have the duty to commission services for certain groups of people or persons in specified circumstances, even if they would otherwise be the responsibility of the CCG. These groups and circumstances are provided for in regulation 2.

However, the CCG still has responsibility for commissioning accident and emergency services for all persons if present in the CCG’s area: see regulation 4 of, and paragraph 2 (a) of Schedule 1 to, the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (“the Responsibilities Regulations 2012”).

By virtue of section 3(1E) of the 2006 Act, also inserted by section 13(3) of the 2012 Act, a CCG does not have responsibility for commissioning a service or facility for a person it would otherwise have responsibility for if the National Health Service Commissioning Board (“the Board”) has a duty to arrange that provision. In that regard see regulations 7 to 17 of the Responsibilities Regulations 2012 which make provision in respect of the services which the Board is required to arrange, to the extent which it considers necessary to meet all reasonable requirements, for the provision as part of the health service.

Regulation 3 sets out rules for determining where a person is usually resident for the purposes of regulation 2.

An impact assessment has not been produced for this instrument as the instrument itself has no impact on the private sector or civil society organisations. A full impact assessment has been produced in relation to the provisions of the 2012 Act and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583