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The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

S.I. 2013/235 · Made 5 February 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2020.

National Health Service, England

Made 5th February 2013

Laid before Parliament 13th February 2013

Coming into force 1st April 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 28(1), (2) and (5), 272(7) and (8) and 273(1) of the National Health Service Act 2006 M1 and sections 303 and 304(9) and (10) of the Health and Social Care Act 2012 M2.

The Secretary of State has, in accordance with section 28(7) of the National Health Service Act 2006, consulted such bodies as the Secretary of State has recognised as representing officers who, in the Secretary of State's opinion, are likely to be transferred, or affected by transfer, in pursuance of Part 2 of this Order.

The Secretary of State has consulted Scottish Ministers in accordance with section 303(4) of the Health and Social Care Act 2012.

Annotations to the whole text

Marginal citations

M1

2006 c. 41. The powers conferred by the National Health Service Act 2006 and exercised by the Secretary of State in making this Order are exercisable only in relation to England by virtue of section 271(1) of that Act; see Part 2 of the Order.

M2

2012 c. 7.

Contents

  1. Part 1: General
  2. 1Citation, commencement, extent and application
  3. Part 2: Abolition of the National Treatment Agency
  4. 2Interpretation
  5. 3Abolition of the Agency
  6. 4Transfer of staff to the Secretary of State
  7. 5Transfer of property and liabilities
  8. 6Continuity and supplementary provision
  9. 7Complaints
  10. 8Winding up of affairs of the Agency
  11. 9Amendments and revocations consequential on the abolition of the Agency
  12. Part 3: The Health and Social Care Act 2012: consequential, transitional and saving provisions
  13. 10Primary medical and dental services
  14. 11Consequential amendments and revocations
  15. 12Transitional and saving provisions
  16. Signature
  17. Schedule 1: The National Treatment Agency: amendments and revocations
  18. Part: Instruments amended
  19. 1The National Health Service Trusts (Membership and Procedure) Regulations 1990
  20. 2The Health Service Commissioner for England (Special Health Authorities) Order 2005
  21. Part: Instruments revoked
  22. 3The National Treatment Agency (Establishment and Constitution) Order 2001
  23. 4The National Treatment Agency Regulations 2001
  24. 5The National Treatment Agency (Amendment) Regulations 2001
  25. 6The National Treatment Agency (Establishment and Constitution) Amendment Order 2003
  26. Schedule 2: Consequential amendments and revocations
  27. Part 1: Instruments amended
  28. 1The Public Trustee Rules 1912
  29. 2The Health and Personal Social Services (Northern Ireland) Order 1972
  30. 3The National Health Service (Venereal Diseases) Regulations 1974
  31. 4The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974
  32. 5The National Health Service (Speech Therapists) Regulations 1974
  33. 6The Social Security (Medical Evidence) Regulations 1976
  34. 7The Health and Safety at Work (Northern Ireland) Order 1978
  35. 8The National Health Service (Transfer of Officers) (No. 2) Regulations 1986
  36. 9The Statutory Maternity Pay (Medical Evidence) Regulations 1987
  37. 10The Income Support (General) Regulations 1987
  38. 11The Social Security (Claims and Payments) Regulations 1987
  39. 12The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988
  40. 13The National Health Service Trusts (Membership and Procedure) Regulations 1990
  41. 14The National Health Service (Remuneration and Conditions of Service) Regulations 1991
  42. 15The Statutory Sick Pay (National Health Service Employees) Regulations 1991
  43. 16The Statutory Maternity Pay (National Health Service Employees) Regulations 1991
  44. 17The Children (Secure Accommodation) Regulations 1991
  45. 18The Children (Secure Accommodation) (No. 2) Regulations 1991
  46. 19The Health and Social Services Councils Regulations (Northern Ireland) 1991
  47. 20The Child Support (Maintenance Assessments and Special Cases) Regulations 1992
  48. 21The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
  49. 22The Residential Accommodation (Determination of District Health Authority) Regulations 1992
  50. 23The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992
  51. 24The Redundancy Payments (National Health Service) (Modification) Order 1993
  52. 25The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994
  53. 26The National Health Service Litigation Authority Regulations 1995
  54. 27The Jobseeker's Allowance Regulations 1996
  55. 28The National Health Service (Existing Liabilities Scheme) Regulations 1996
  56. 29The National Health Service (Appointment of Consultants) Regulations 1996
  57. 30The Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996
  58. 31The National Health Service (Appointment of Consultants) (Wales) Regulations 1996
  59. 32The Social Security Benefit (Computation of Earnings) Regulations 1996
  60. 33The Housing Renewal Grants Regulations 1996
  61. 34The Education (Publication of Local Education Authority Inspection Reports) Regulations 1998
  62. 35The Prison Rules 1999
  63. 36The Control of Major Accident Hazards Regulations 1999
  64. 37The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999
  65. 38The National Health Service (Property Expenses Scheme) Regulations 1999
  66. 39The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999
  67. 40The Education (Special Educational Needs) (Information) (England) Regulations 1999
  68. 41The Data Protection (Subject Access Modification) (Social Work) Order 2000
  69. 42The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
  70. 43The Water Supply (Water Quality) Regulations 2000 Repealed
  71. 44The Young Offender Institution Rules 2000
  72. 45The Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001
  73. 46The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001
  74. 47The Radiation (Emergency Preparedness and Public Information) Regulations 2001
  75. 48The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
  76. 49The Children's Homes Regulations 2001
  77. 50The Misuse of Drugs Regulations 2001
  78. 51The Nursing and Midwifery Order 2001
  79. 52The Health and Social Work Professions Order 2001
  80. 53The Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001
  81. 54The State Pension Credit Regulations 2002
  82. 55The Tax Credits (Definition and Calculation of Income) Regulations 2002
  83. 56The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002
  84. 57The Residential Family Centres Regulations 2002
  85. 58The Misuse of Drugs Regulations (Northern Ireland) 2002
  86. 59The Health, Social Care and Well-being Strategies (Wales) Regulations 2003
  87. 60The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
  88. 61The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003
  89. 62The Delayed Discharges (England) Regulations 2003
  90. 63The Registration of Establishments (Laying Hens) (England) Regulations 2003
  91. 64The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
  92. 65The National Health Service (Performers Lists) (Wales) Regulations 2004
  93. 66The Medicines for Human Use (Clinical Trials) Regulations 2004
  94. 67The Registration of Establishments (Laying Hens) (Wales) Regulations 2004
  95. 68The Justification of Practices Involving Ionising Radiation Regulations 2004
  96. 69The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
  97. 70The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
  98. 71The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
  99. 72The Community Health Partnerships (Scotland) Regulations 2004
  100. 73The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004
  101. 74The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004
  102. 75The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  103. 76The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  104. 77The Blood Safety and Quality Regulations 2005
  105. 78The Health Service Commissioner for England (Special Health Authorities) Order 2005
  106. 79The Adoption Agencies Regulations 2005
  107. 80The Adoptions with a Foreign Element Regulations 2005
  108. 81The Adoption Support Services Regulations 2005
  109. 82The Special Guardianship Regulations 2005
  110. 83The Adoption Agencies (Wales) Regulations 2005
  111. 84The Adoption Support Services (Local Authorities) (Wales) Regulations 2005
  112. 85The Special Guardianship (Wales) Regulations 2005
  113. 86The Adoption Support Agencies (Wales) Regulations 2005
  114. 87The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005
  115. 88The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005
  116. 89The NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005
  117. 90The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
  118. 91The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
  119. 92The Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005
  120. 93The Housing Benefit Regulations 2006
  121. 94The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  122. 95The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
  123. 96The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
  124. 97The National Health Service (Dental Charges) (Wales) Regulations 2006
  125. 98The Highways Act 1980 (Gating Orders) (England) Regulations 2006
  126. 99The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006
  127. 100The Crime and Disorder Act 1998 (Intervention Orders) Order 2006
  128. 101The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006
  129. 102The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006
  130. 103The National Health Service Central Register (Scotland) Regulations 2006
  131. 104The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007
  132. 105The Placement of Children (Wales) Regulations 2007
  133. 106The NHS Direct National Health Service Trust (Establishment) Order 2007
  134. 107The School Governance (Constitution) (England) Regulations 2007
  135. 108The School Governance (New Schools) (England) Regulations 2007
  136. 109The School Governance (Federations) (England) Regulations 2007
  137. 110The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007
  138. 111The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
  139. 112The Health Service Medicines (Information Relating to Sales of Branded Medicines etc) Regulations 2007
  140. 113The School Organisation (Transitional Provisions) (England) Regulations 2007
  141. 114The Community Drivers' Hours and Recording Equipment Regulations 2007
  142. 115The Crime and Disorder (Prescribed Information) Regulations 2007
  143. 116The Employment and Support Allowance Regulations 2008
  144. 117The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
  145. 118The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
  146. 119The Private Dentistry (Wales) Regulations 2008
  147. 120The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008
  148. 121The Mental Health Review Tribunal for Wales Rules 2008
  149. 122The Health Protection (Vaccination) Regulations 2009
  150. 123The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
  151. 124The Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009
  152. 125The General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009
  153. 126The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009
  154. 127The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
  155. 128The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009
  156. 129The Local Health Boards (Directed Functions) (Wales) Regulations 2009
  157. 130The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
  158. 131The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
  159. 132The Welsh Health Specialised Services Committee (Wales) Regulations 2009
  160. 133The Private Water Supplies Regulations 2009 Repealed
  161. 134The Care Quality Commission (Registration) Regulations 2009
  162. 135The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
  163. 136The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009
  164. 137The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009
  165. 138The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009
  166. 139The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009
  167. 140The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009
  168. 141The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009
  169. 142The Private Water Supplies (Wales) Regulations 2010 Repealed
  170. 143The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010
  171. 144The Pharmacy Order 2010
  172. 145The Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010
  173. 146The Children's Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010
  174. 147The Health Protection (Part 2A Orders) Regulations 2010
  175. 148The Health Protection (Notification) Regulations 2010
  176. 149The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010
  177. 150The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
  178. 151The Care Planning, Placement and Case Review (England) Regulations 2010
  179. 152The Water Supply (Water Quality) Regulations 2010 Repealed
  180. 153The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010
  181. 154The National Health Service (Direct Payments) Regulations 2010
  182. 155The Town and Country Planning (Development Management Procedure) (England) Order 2010 Repealed
  183. 156The Family Procedure Rules 2010
  184. 157The National Health Service (General Dental Services) (Scotland) Regulations 2010
  185. 158The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010
  186. 159The Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010
  187. 160The Fostering Services (England) Regulations 2011
  188. 161The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011
  189. 162The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011
  190. 163The Accounts and Audit (England) Regulations 2011 Repealed
  191. 164The National Health Service (Charges to Overseas Visitors) Regulations 2011 Repealed
  192. 165The Education (Student Support) Regulations 2011
  193. 166The Equality Act 2010 (Specific Duties) Regulations 2011
  194. 167The Health Research Authority Regulations 2011
  195. 168The Neighbourhood Planning (General) Regulations 2012
  196. 169The Town and Country Planning (Local Planning) (England) Regulations 2012
  197. 170The National Health Service Trust Development Authority (Establishment and Constitution) Order 2012
  198. 171The National Health Service Trust Development Authority Regulations 2012
  199. 172The Local Authorities (Committee System) (England) Regulations 2012
  200. 173The Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012
  201. 174The Health Education England Regulations 2012
  202. 175The National Health Service (Clinical Commissioning Groups) Regulations 2012
  203. 176The Human Medicines Regulations 2012
  204. 177The Nursing and Midwifery Council (Midwives) Rules 2012
  205. 178The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012
  206. Part 2: Instruments revoked
  207. 179The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999
  208. 180The National Institute for Clinical Excellence Regulations 1999
  209. 181The National Institute for Clinical Excellence (Amendment) Regulations 1999
  210. 182The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999
  211. 183The National Patient Safety Agency Regulations 2001
  212. 184The National Institute for Clinical Excellence (Amendment) Regulations 2002
  213. 185The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002
  214. 186The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
  215. 187The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003
  216. 188The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005
  217. 189The National Institute for Clinical Excellence (Amendment) Regulations 2005
  218. 190The Health and Social Care Information Centre (Establishment and Constitution) Order 2005
  219. 191The Health and Social Care Information Centre Regulations 2005
  220. 192The NHS Institute for Innovation and Improvement Regulations 2005
  221. 193The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006
  222. 194The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007
  223. 195The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007
  224. 196The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008
  225. 197The Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008
  226. 198The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No. 2) Regulations 2008
  227. 199The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009
  228. 200The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010
  229. 201The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No. 2) Regulations 2010
  230. 202The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011
  231. 203The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2012
  232. 204The National Patient Safety Agency (Amendment) Regulations 2012
  233. Schedule 3: Transitional and Saving Provisions
  234. 1Elections relating to statutory sick pay
  235. 2Elections relating to statutory maternity pay
  236. 3Continuing effect of applications to court
  237. 4Special educational needs: unfulfilled requests for medical advice
  238. 5Continuing validity of prescription forms
  239. 6Local supervising authority
  240. 7Elections relating to statutory paternity and statutory adoption pay
  241. 8Continuing validity of medical cards
  242. 9Duty to co-operate with complaints
  243. 10Paragraph 10
  244. 11Paragraph 11
  245. 12Paragraph 12
  246. 13Paragraph 13
  247. 14Paragraph 14
  248. 15Continuing validity of nominations
  249. 16Continuing validity of guidance
  250. 17Paragraph 17
  251. 18Complaints under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
  252. 19Paragraph 19
  253. 20Paragraph 20
  254. 21Paragraph 21
  255. 22Continuing operation of pilot schemes
  256. 23Ongoing complaints: Wales
  257. 24Unpaid service to be taken into account
  258. 25Publication of public sector equality duty information and equality objectives
  259. 26Paragraph 26
  260. 27Paragraph 27
  261. 28Continuing validity and effect of patient group directions
  262. Explanatory note