OpenLegislation

The National Health Service (NHS Payment Scheme – Consultation) (No. 2) Regulations 2022

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

Draft 2022, ISBN 9780348241235

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 304(5) of the Health and Social Care Act 2012, for approval by resolution of each House of Parliament.

National Health Service, England

Made ***

Coming into force ***

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 114D(1)(b), 150(1), and 304(1) and (9) of the Health and Social Care Act 2012f1.

In accordance with section 304(5)(g) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2012 c. 7. Sections 114D and 304(5)(g) were inserted by the Health and Care Act 2022 (c. 31), section 77 and Schedule 10, paragraphs 1, 3 and 4. Section 150(1) is cited for the meaning of “prescribed”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Objections to proposed NHS payment scheme
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the National Health Service (NHS Payment Scheme – Consultation) (No. 2) Regulations 2022.

(2)

These Regulations come into force on the day after the day on which they are made.

2Objections to proposed NHS payment scheme

(1)

The percentage prescribed for the purposes of section 114D(1)(b)(i) of the Health and Social Care Act 2012 (“objection percentage” for integrated care boards) is 66 per cent.

(2)

The percentage prescribed for the purposes of section 114D(1)(b)(ii) of that Act (“objection percentage” for relevant providers) is 66 per cent.

Signature

Name

Minister of State

Department of Health and Social Care

Date

Explanatory note

(This note is not part of these Regulations)

These Regulations make provision concerning the consultation that NHS England must conduct prior to publishing the NHS payment scheme.

Regulation 2 provides the “objection percentages” referred to in section 114D of the Act, which are the proportions of integrated care boards or (as the case may be) relevant providers that object to a proposed NHS payment scheme, beyond which NHS England must take certain additional steps prior to publishing the scheme.