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The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

S.I. 2012/2996 · Made 3 December 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Mental Health, England

National Health Service, England

Made 3rd December 2012

Laid before Parliament 5th December 2012

Coming into force in accordance with regulation 1

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 117(2E) and (2G) of the Mental Health Act 1983 M1, sections 3(1B), 3A(3), 3B(1), 6E, 223E(3), 223J(3) and 272(7) and (8) of the National Health Service Act 2006 M2 and section 75 of the Health and Social Care Act 2012 M3.

Before deciding to make regulations under section 3B of the National Health Service Act 2006, the Secretary of State obtained appropriate advice and consulted the NHS Commissioning Board Authority in accordance with subsection (4) of that section M4.

Annotations to the whole text

Marginal citations

M1

1983 c.20. Subsections (2D) to (2G) were inserted by section 40(3) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”).

M2

2006 c. 41. Subsections (1A) to (1E) of section 3 of the National Health Service Act 2006 (“the 2006 Act”) were inserted by section 13(3) of the 2012 Act. Section 3A was inserted by section 14 of the 2012 Act, section 3B was inserted by section 15 of that Act, section 6E was inserted by section 20 of that Act and sections 223E and 223J were inserted by sections 24 and 27 respectively of that Act. By virtue of section 271(1) of the 2006 Act, the powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.

M3

2012 c.7.

M4

See paragraph 2(1) of Schedule 6 to the 2012 Act which enables the requirement in section 3B(4) of the 2006 Act (as inserted by section 15 of the 2012 Act) for the Secretary of State to consult the National Health Service Commissioning Board (“the Board”) to be fulfilled if, before the commencement of section 9 of the 2012 Act, the Secretary of State consults a Special Health Authority. Before making these Regulations and the commencement of section 9 on 1st October 2012 (see S.I. 2012/1831), the Secretary of State consulted the NHS Commissioning Board Authority (“the Authority”), a Special Health Authority established under section 28 of the 2006 Act for the purpose of preparing for the establishment and operation of the Board. The Authority was established by the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2237) and is abolished by virtue of provision in Part 2 of the NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641).

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Persons for whom a CCG has responsibility Repealed
  5. 3Interpretation of Part 2 Repealed
  6. 4Additional persons for whom a CCG has responsibility Repealed
  7. Part 3: Services to be commissioned by NHS England
  8. 5Interpretation of Part 3
  9. 6Dental services
  10. 7Services for serving members of the armed forces and their families
  11. 8Infertility treatment: seriously injured serving members and veterans
  12. 9Infertility treatment: further provision
  13. 10Services for prisoners and other detainees
  14. 11Specified services for rare and very rare conditions
  15. 11ASaving and transitional provision in relation to certain services for rare and very rare conditions
  16. 12Assessment, diagnostic, elective and minor elective care services provided by Independent Sector Treatment Centres
  17. 13Fixated threat assessment services
  18. Part 4: Mental health after-care services Repealed
  19. 14Circumstances in which duty may be imposed on another CCG Repealed
  20. 15Circumstances in which duty may be imposed on the Board Repealed
  21. Part 5: Standing rules: commissioning contract terms
  22. 16Matters to be included in commissioning contracts
  23. 17Terms and conditions to be drafted by NHS England
  24. 18Consultation by NHS England
  25. 19Transitional provision
  26. Part 6: Standing rules: NHS Continuing Healthcare and NHS funded nursing care
  27. 20Interpretation
  28. 21Duty of relevant bodies: assessment and provision of NHS Continuing Healthcare
  29. 22Duty of relevant bodies: joint working with social services authorities
  30. 23NHS England's duty: reviewing decisions
  31. 24Appointment and term of appointment
  32. 25Disqualification for appointment
  33. 26Cessation of disqualification
  34. 27Termination of appointment
  35. 28Persons who enter relevant premises or who develop a need for nursing care
  36. 29Persons in receipt of flat rate payments immediately before the relevant date
  37. 30Persons in receipt of high band payments immediately before the relevant date
  38. 31Urgent need
  39. 32Revocation and transitional provisions
  40. Part 6A: Standing rules: personal health budgets
  41. 32AInterpretation
  42. 32BDuties of relevant bodies in relation to personal health budgets
  43. Part 7: Standing rules: decisions about drugs and other treatments
  44. 33Interpretation
  45. 34Duty of a relevant body in respect of the funding and commissioning of drugs and other treatments
  46. 35Duty to give reasons for decisions
  47. 36Duty to provide written information
  48. 37Transitional provisions
  49. Part 8: Standing rules: choice of health service provider
  50. 38Interpretation
  51. 39Duty to ensure persons are offered a choice of health service provider
  52. 40Services to which the duties as to choice do not apply
  53. 41Persons to whom the duties as to choice do not apply
  54. 42Duty to publicise and promote information about choice
  55. 42APatient choice: primary medical services
  56. 42BRequests for NHS Standard Contract assessment
  57. 42CQualification of providers: criteria
  58. 42DModification of existing NHS Standard Contract
  59. 43Transitional provision Repealed
  60. 43ATransitional provision: pre-existing contracts
  61. 43BTransitional provision: enforcement
  62. Part 9: Standing rules: waiting times
  63. 44Interpretation
  64. 45Duty to meet the maximum waiting times standards
  65. 46The waiting time period
  66. 47Application of duty to offer an alternative provider
  67. 48Duty to offer an alternative provider
  68. 49Exceptions to the duty
  69. 50Duty to have regard to guidance
  70. 51Duty to notify
  71. 52Duty to make arrangements to diagnose or rule out cancer
  72. 53Duty to offer alternative provider to diagnose or rule out cancer
  73. 54Advice and assistance
  74. 55Transitional provision Repealed
  75. Part 10: Standing rules: funding of therapies for Multiple Sclerosis Repealed
  76. 56Scheme for the funding of certain disease modifying therapies for Multiples Sclerosis Repealed
  77. Part 11: Financial duties of a relevant body in relation to administration Repealed
  78. 57Matters relating to administration in revenue resource use by a relevant body Repealed
  79. Signature
  80. Schedule 1: Additional persons for whom a CCG has responsibility Repealed
  81. 1Paragraph 1 Repealed
  82. 2Paragraph 2 Repealed
  83. 3Paragraph 3 Repealed
  84. 4Paragraph 4 Repealed
  85. 5Paragraph 5 Repealed
  86. 6Paragraph 6 Repealed
  87. 7Paragraph 7 Repealed
  88. 8Paragraph 8 Repealed
  89. Schedule 2: Prescribed dental services
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. 10Paragraph 10
  100. 11Paragraph 11
  101. 12Paragraph 12
  102. 13Paragraph 13
  103. Schedule 3: Services in respect of persons detained in specified accommodation
  104. Part 1: Secure children's homes to which regulation 10(2)(b) does not apply Repealed
  105. 1Paragraph 1 Repealed
  106. 2Paragraph 2 Repealed
  107. 3Paragraph 3 Repealed
  108. 4Paragraph 4 Repealed
  109. 5Paragraph 5 Repealed
  110. 6Paragraph 6 Repealed
  111. 7Paragraph 7 Repealed
  112. 2Immigration removal centres
  113. Schedule 4: Services for rare and very rare conditions
  114. 1Interpretation
  115. 2The services
  116. 3Paragraph 3
  117. 3AParagraph 3A
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11 Repealed
  126. 12Paragraph 12
  127. 13Paragraph 13
  128. 14Paragraph 14
  129. 15Paragraph 15
  130. 16Paragraph 16
  131. 17Paragraph 17
  132. 18Paragraph 18
  133. 19Paragraph 19
  134. 20Paragraph 20
  135. 20AParagraph 20A
  136. 21Paragraph 21
  137. 22Paragraph 22
  138. 22AParagraph 22A
  139. 23Paragraph 23
  140. 24Paragraph 24
  141. 25Paragraph 25
  142. 26Paragraph 26
  143. 27Paragraph 27
  144. 28Paragraph 28
  145. 29Paragraph 29
  146. 30Paragraph 30
  147. 31Paragraph 31
  148. 32Paragraph 32
  149. 33Paragraph 33
  150. 34Paragraph 34
  151. 35Paragraph 35
  152. 36Paragraph 36
  153. 36AParagraph 36A
  154. 37Paragraph 37
  155. 38Paragraph 38
  156. 39Paragraph 39
  157. 40Paragraph 40
  158. 41Paragraph 41
  159. 42Paragraph 42
  160. 43Paragraph 43
  161. 44Paragraph 44
  162. 45Paragraph 45
  163. 46Paragraph 46
  164. 47Paragraph 47
  165. 48Paragraph 48
  166. 49Paragraph 49
  167. 50Paragraph 50
  168. 51Paragraph 51
  169. 52Paragraph 52
  170. 53Paragraph 53
  171. 54Paragraph 54
  172. 55Paragraph 55
  173. 56Paragraph 56
  174. 57Paragraph 57
  175. 57ZAParagraph 57ZA
  176. 57AParagraph 57A
  177. 58Paragraph 58
  178. 59Paragraph 59
  179. 59AParagraph 59A
  180. 60Paragraph 60
  181. 61Paragraph 61 Repealed
  182. 62Paragraph 62
  183. 63Paragraph 63
  184. 64Paragraph 64
  185. 65Paragraph 65
  186. 66Paragraph 66
  187. 67Paragraph 67
  188. 68Paragraph 68
  189. 69Paragraph 69
  190. 70Paragraph 70
  191. 71Paragraph 71
  192. 72Paragraph 72
  193. 73Paragraph 73
  194. 74Paragraph 74
  195. 75Paragraph 75
  196. 76Paragraph 76
  197. 77Paragraph 77
  198. 78Paragraph 78
  199. 79Paragraph 79
  200. 80Paragraph 80
  201. 81Paragraph 81
  202. 82Paragraph 82
  203. 83Paragraph 83
  204. 84Paragraph 84
  205. 85Paragraph 85
  206. 86Paragraph 86
  207. 87Paragraph 87
  208. 88Paragraph 88
  209. 89Paragraph 89
  210. 90Paragraph 90
  211. 91Paragraph 91
  212. 92Paragraph 92
  213. 92AParagraph 92A
  214. 93Paragraph 93
  215. 94Paragraph 94
  216. 95Paragraph 95
  217. 96Paragraph 96
  218. 97Paragraph 97
  219. 98Paragraph 98
  220. 99Paragraph 99
  221. 100Paragraph 100
  222. 101Paragraph 101
  223. 102Paragraph 102
  224. 103Paragraph 103
  225. 104Paragraph 104
  226. 104AParagraph 104A
  227. 105Paragraph 105
  228. 106Paragraph 106
  229. 107Paragraph 107
  230. 107AParagraph 107A
  231. 108Paragraph 108
  232. 109Paragraph 109
  233. 110Paragraph 110
  234. 111Paragraph 111
  235. 112Paragraph 112 Repealed
  236. 113Paragraph 113
  237. 114Paragraph 114
  238. 115Paragraph 115
  239. 116Paragraph 116
  240. 116AParagraph 116A
  241. 116BParagraph 116B
  242. 117Paragraph 117
  243. 118Paragraph 118 Repealed
  244. 119Paragraph 119
  245. 120Paragraph 120
  246. 121Paragraph 121
  247. 122Paragraph 122
  248. 123Paragraph 123
  249. 124Paragraph 124
  250. 125Paragraph 125
  251. 126Paragraph 126
  252. 127Paragraph 127
  253. 128Paragraph 128
  254. 129Paragraph 129
  255. 130Paragraph 130
  256. 131Paragraph 131
  257. 132Paragraph 132
  258. 133Paragraph 133
  259. 134Paragraph 134
  260. 135Paragraph 135
  261. 136Paragraph 136
  262. 137Paragraph 137
  263. 138Paragraph 138
  264. 139Paragraph 139
  265. 140Paragraph 140
  266. 140AParagraph 140A
  267. 140AAParagraph 140AA
  268. 140BParagraph 140B
  269. 141Paragraph 141
  270. 142Paragraph 142
  271. 143Paragraph 143
  272. 144Paragraph 144
  273. Schedule 5: Persons disqualified from being a chair, integrated care board member or social services authority member of a review panel
  274. 1Paragraph 1
  275. 2Paragraph 2 Repealed
  276. 3Paragraph 3
  277. 4Paragraph 4
  278. 5Paragraph 5
  279. 6Paragraph 6
  280. 7Paragraph 7
  281. 8Paragraph 8
  282. 9Paragraph 9
  283. 10Paragraph 10
  284. Explanatory note