Explanatory note

These Regulations make further amendments all of which are consequential on the Health and Care Act 2022 (“the 2022 Act”).

Part 2 contains amendments consequential on section 19(2) of the 2022 Act, which establishes integrated care boards (ICB) and abolishes clinical commissioning groups (CCG) by inserting Chapter A3 into the National Health Service Act 2006 (“the 2006 Act”). ICBs replaced CCGs, which immediately before 1st July 2022 were established in accordance with Chapter A2 of Part 2 of the 2006 Act, which was inserted by section 25(1) of the Health and Social Care Act 2012. ICBs have taken on the commissioning functions of their predecessor CCGs.

Regulations 2, 4-18 and 20-24 amend disqualification provisions that govern the circumstances in which certain persons are prevented from appointment to the boards of health service bodies (e.g. if they have previously been disqualified from either CCG or ICB employment). CCGs were formed of a wider membership than ICBs, and had a separate governing board.

Regulation 3 amends the Walsall Hospitals National Health Service Trust (Establishment) Order 1990 (S.I 1990/2451) to reflect ICB establishment, which includes the changes made by section 21 of the 2022 Act to section 3(1) of the 2006 Act (duties as to commissioning certain health services). The services under former section 3(1)(d) or (e) of the 2006 Act are the same as under new section 3(1)(g) or (i) of that Act.

Regulation 19 amends the Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015 (S.I 2015/18), including to reflect on a transitional basis the continuing relevance of former CCG roles to auditor panel appointment after CCG abolition by the 2022 Act.

Part 3 amends the National Health Service (Licence Exemptions, etc.) Regulations 2013 (S.I. 2013/2677) consequential on section 51(1) of the 2022 Act, which introduced parity between NHS trusts and foundation trusts in the requirement to hold a licence.

A full impact assessment has not been produced for this instrument because a full impact assessment was prepared in relation to the 2022 Act. A copy is available at www.gov.uk/government/publications/health-and-care-bill-combined-impact-assessments. A hard copy can be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.