# The National Health Service (Direct Payments) Regulations 2013, Schedule: Persons excluded from direct payments

Extent: E+W

A person referred to in regulations 3(3)(c), 4(1)(b) and 5(1)(b) is a person who is—
(a) subject to a drug rehabilitation requirement, as defined by section 209 of the Criminal Justice Act 2003 or paragraph 19 of Schedule 9 to the Sentencing Code (drug rehabilitation requirement), imposed by a community order within the meaning of section 177 of that Act or section 200 of that Code (community orders), or by a suspended sentence of imprisonment within the meaning of section 189 of that Act or section 286 of that Code (suspended sentences of imprisonment);
(b) subject to an alcohol treatment requirement as defined by section 212 of the Criminal Justice Act 2003 or paragraph 23 of Schedule 9 to the Sentencing Code (alcohol treatment requirement), imposed by a community order, within the meaning of section 177 of that Act or section 200 of that Code, or by a suspended sentence of imprisonment, within the meaning of section 189 of that Act or section 286 of that Code;
(c) released on licence under Part 2 of the Criminal Justice Act 1991 (early release of prisoners), Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences and recall) or Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences) subject to a non-standard licence condition requiring the offender to undertake offending behaviour work to address drug or alcohol related behaviour;
(d) required to submit to treatment for their drug or alcohol dependency by virtue of a community rehabilitation order within the meaning of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (community rehabilitation orders) or a community punishment and rehabilitation order within the meaning of section 51 of that Act (community punishment and rehabilitation orders);
(e) subject to a drug treatment and testing order imposed under section 52 of the Powers of Criminal Courts (Sentencing) Act 2000 (drug treatment and testing orders);
(f) subject to a youth rehabilitation order imposed in accordance with paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”) or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) which requires the person to submit to treatment pursuant to a drug treatment requirement;
(g) subject to a youth rehabilitation order imposed in accordance with paragraph 23 of Schedule 1 to the Criminal Justice Act 2008 or Part 14 of Schedule 6 to the Sentencing Code (drug testing requirement) which includes a drug testing requirement;
(h) subject to a youth rehabilitation order imposed in accordance with paragraph 24 of Schedule 1 to the Criminal Justice Act 2008 or Part 15 of Schedule 6 to the Sentencing Code (intoxicating substance treatment requirement) which requires the person to submit to treatment pursuant to an intoxicating substance treatment requirement;
(i) either—
(i) subject to a drug treatment and testing order within the meaning of section 234B of the Criminal Procedure (Scotland) Act 1995 (drug treatment and testing order), or
(ii) subject to a community payback order under section 227A of that Act imposing requirements relating to drug or alcohol treatment; or
(j) released on licence under section 22 (release on licence of persons serving determinate sentences) or section 26 of the Prisons (Scotland) Act 1989 (release on licence of persons sentenced to imprisonment for life, etc.) or under section 1 (release of short-term, long term and life prisoners) or section 1AA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (release of certain sexual offenders) and subject to a condition that they submit to treatment for their drug or alcohol dependency.

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Source: https://www.legislation.gov.uk/uksi/2013/1617/schedule (the official version)
Page: https://openlegislation.uk/national-health-service-direct-payments-regulations-2013/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.