Explanatory note

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