# The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017

S.I. 2017/1032 · made 26 October 2017 · revised to 31 March 2020

Regulation 2 of these Regulations amends the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262) (“the 2005 Regulations”).

Made under: Social Security Act 1988 (Section 13); Social Security Contributions and Benefits Act 1992 (Section 175)

PDFs: Printed copy https://openlegislation.uk/healthy-start-scheme-and-welfare-food-miscellaneous-amendments-regulations-2017/pdf/uksi_20171032_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/healthy-start-scheme-and-welfare-food-miscellaneous-amendments-regulations-2017/pdf/uksiem_20171032_en.pdf

## Introductory text

Food
Made 26th October 2017
Laid before Parliament 30th October 2017
Coming into force 27th November 2017
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 13(1), (3) and (4)(a) and (g) of the Social Security Act 1988 (“the 1988 Act”) and section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992.
In accordance with section 13(2) of the 1988 Act, the Secretary of State has consulted with the Scottish Ministers and the Welsh Ministers.

## 1 Citation and commencement

These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017 and come into force on 27th November 2017.

## 2 Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005

(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 are amended as follows.
(2) In regulation 3 (entitlement to benefit), in paragraph (2), for sub-paragraph (b) substitute—
“(b) Healthy Start vitamins for every four weeks of entitlement.”
(3) In regulation 5A (Healthy Start vitamins and payments in lieu)—
(a) in paragraph (1), for “tablets or vitamin drops containing vitamins” substitute “products containing vitamins, of a form and quantity, which the Secretary of State has determined are”;
(b) in paragraph (2), omit “prescribed number or amount of”.
(4) After regulation 7 insert—
“Functions of the NHS Business Services Authority
7A. (1) The NHS Business Services Authority shall have the function of entering into and managing, on behalf of the Secretary of State, framework agreements, contracts and arrangements with persons who—
(a) manufacture Healthy Start vitamins;
(b) store Healthy Start vitamins; and
(c) make arrangements for, or in connection with, the distribution and supply of Healthy Start vitamins.
(2) When requested by the Secretary of State, the NHS Business Services Authority shall have the function, on behalf of the Secretary of State, of—
(a) carrying out administrative functions relating to the supply of Healthy Start food and Healthy Start vitamins;
(b) requesting and receiving information referred to in regulation 15.
(3) In this regulation, “NHS Business Services Authority” means the authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005.”

## 3 Amendment of the Welfare Food Regulations 1996

(1) The Welfare Food Regulations 1996 are amended as follows.
(2) After regulation 21 insert—
“Functions of the NHS Business Services Authority
21A. (1) When requested by the Secretary of State, the NHS Business Services Authority shall have the function, on behalf of the Secretary of State, of—
(a) carrying out administrative functions relating to the supply of milk or dried milk by a day care provider approved as a supplier under Part V;
(b) requesting and receiving information referred to in regulation 21.
(2) In paragraph (1), the “NHS Business Services Authority” means the authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005.”.

## Signature

Signed by authority of the Secretary of State for Health.
Jackie Doyle-Price
Parliamentary Under-Secretary of State,
Department of Health
26th October 2017

## Explanatory note

(This note is not part of the Regulations)
Regulation 2 of these Regulations amends the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262) (“the 2005 Regulations”).
Paragraph (2) amends regulation 3 to provide that a person entitled to benefit under those Regulations is entitled to Healthy Start vitamins for every four weeks of entitlement, regardless of the form those vitamins take.
Paragraph (3) amends regulation 5A to remove the restriction that Healthy Start vitamins be provided in tablet or drop form only with the effect that they may be produced in any form. That paragraph also makes an amendment consequential on that amendment.
Paragraph (4) inserts a new regulation 7A so as to enable the NHS Business Services Authority, on behalf of the Secretary of State, both to enter into and manage, framework agreements, contracts and arrangements with persons who manufacture or store, or who arrange for the distribution or supply of, Healthy Start vitamins. It also enables that authority to carry out, on behalf of, or when requested by, the Secretary of State, administrative functions relating to the supply of both Healthy Start food and Healthy Start vitamins and to request and receive information required to be furnished under the 2005 Regulations.
Regulation 3 of these Regulations amends the Welfare Food Regulations 1996 (S.I. 1996/1434) to make similar provision as in regulation 2(4) in respect of the supply of milk or dried milk for children in day care.
An impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

---
Source: https://www.legislation.gov.uk/uksi/2017/1032 (the official version)
Page: https://openlegislation.uk/healthy-start-scheme-and-welfare-food-miscellaneous-amendments-regulations-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

