The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024

These Regulations may be cited as the Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 and come into force on 16th December 2024.

This Part extends to England and Wales and Northern Ireland.

Any amendment or revocation made by Parts 2 and 3 of these Regulations has the same extent as the provision amended or revoked.

The National Health Service Trusts (Membership and Procedure) Regulations 1990^f1 are amended as follows.

In regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “clinical commissioning group,” insert “an integrated care board,”^f2.

In regulation 11 (disqualification for appointment of chairman, vice-chair and non-executive directors), after paragraph (6A) insert—

“(6B)

A person shall not be disqualified by paragraph (1)(e) from being the chairman or a non-executive director of an NHS trust in England where that person is an ordinary member of an integrated care board mentioned in paragraph 8(2)(a) of Schedule 1B to the 2006 Act^f3”.

in paragraph (a), for “a clinical commissioning group under section 3(1)(d) or (e)” substitute “an integrated care board under section 3(1)(g) or (i)”;

in paragraph (b), in the words before sub-paragraph (i), for “section 3(1)(d) or (e)” substitute “section 3(1)(g) or (i)”.

The National Health Service Litigation Authority Regulations 1995^f1 are amended as follows.

In regulation 1, in paragraph (2), in the definition of “health service body”, after “means” insert “an integrated care board,”.

In regulation 7 (disqualification for appointment), in paragraph (1), in sub-paragraph (e)—

The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004^f1 are amended as follows.

In regulation 1, in paragraph (2), in the definition of “health service body”, after sub-paragraph (ad) insert—

“(ae)

an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006^f2;”.

In regulation 4 (disqualification for appointment), in paragraph (1)—

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005^f1 are amended as follows.

In regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “clinical commissioning group,” insert “an integrated care board,”.

In regulation 3 (disqualification for appointment), in paragraph (1), after sub-paragraph (j) insert—

“;

(k)

he is a member of an integrated care board”.

The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In regulation 4 (disqualification for appointment)—

The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In regulation 4 (disqualification for appointment)—

The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In regulation 3 (disqualification for appointment)—

The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In regulation 4 (disqualification for appointment)—

The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012^f1 are amended as follows.

In regulation 2—

In regulation 5 (disqualification for appointment)—

in paragraph (5)(f) for “board members of the health service body” substitute “members of the governing board of the health service body”;

in paragraph (5)(g) for “board” substitute “governing board” in each place it occurs;

after paragraph (8) insert—

“(9)

For the purposes of paragraph (5)—

(a)

in sub-paragraph (b), in paragraphs (i) and (ii), references to roles in an integrated care board are to be read as including equivalent roles in the predecessor clinical commissioning group for that integrated care board;

(b)

in sub-paragraph (b), in paragraph (iii), references to ordinary members of an integrated care board nominated pursuant to paragraphs 8(2)(a) to (c) of Schedule 1B to the National Health Service Act 2006, are to be read as including members of the governing board of the predecessor clinical commissioning group of that integrated care board;

(c)

in sub-paragraphs (c) and (d), references to a “health service body” are to be read as including, in the case of an integrated care board, the predecessor clinical commissioning group for that integrated care board;

(d)

in sub-paragraph (g), the period of time for which a member has served on the governing board of an integrated care board includes any period of time for which the member has served on the governing body of the predecessor clinical commissioning group for that integrated care board.

(10)

For the purposes of paragraph (9), “predecessor clinical commissioning group in relation to an integrated care board means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the National Health Service Act 2006^f2, and—

(a)

whose area, as it was immediately before 1st July 2022, is wholly contained within the area of the integrated care board, or

(b)

in relation to which the integrated care board is a transferee specified in a transfer scheme made pursuant to section 14Z28 of the National Health Service Act 2006^f3.”.

in the heading, after “NHS foundation trusts” insert “and NHS trusts”;

after “NHS foundation trust” insert “or to an NHS trust”.