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Statutory Instruments

2013 No. 261

National Health Service, England

Mental Health, England

Public Health, England

The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

Made

11th February 2013

Laid before Parliament

13th February 2013

Coming into force

1st April 2013

M1,M2,M3,M4 The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 130A of the Mental Health Act 1983 and section 2(2) of the European Communities Act 1972 and sections 3B(1)(c), 6D(1), 7(1), 8, 14Z4, 14, 19, 73A(1)(f), 73B(2)(e), 75, 236, 269(2), (3) and (4), and 272(7) and (8) and 273(1) and (4) of the National Health Service Act 2006 and section 300(3) of, and Schedule 23 to, the Health and Social Care Act 2012 .

M5 The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the National Health Service .

PART 1 General

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013, and come into force on 1st April 2013.

(2) In these Regulations—

“ the 2006 Act ” means the National Health Service Act 2006;

“ the 2012 Act ” means the Health and Social Care Act 2012;

F1...

F2...

[F3 “ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the 2006 Act. F3]

[F4 “ NHS England ” means the body corporate established under section 1H of the 2006 Act. F4]

PART 2 Exercise of EU functions by [F5 NHS England F5]

Interpretation of Part 2

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for applications

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time for determination of an application

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form and content of determination

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCGs

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications made before 1st April 2013

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Notification of births and deaths

Relevant bodies

9. The relevant bodies for the purposes of section 269(2) and (4) of the 2006 Act (special notices of births and deaths), are—

(a) [F7NHS EnglandF7] ;

(b) M6 a local authority whose area includes the whole or part of the registrar's sub-district; and

(c) [F8 an integrated care boardF8] whose area coincides with or includes the whole or part of the registrar's sub-district.

Manner and time for furnishing particulars

10. —(1) The registrar must furnish the particulars of each birth and death entered in a register of births or deaths kept by the registrar for that sub-district, to each of the relevant bodies specified in regulation 9, by no later than 14 days from the date on which they are entered in that register.

(2) Particulars furnished under paragraph (1) must be provided in writing.

Person to whom particulars of birth or death are to be given

11. Particulars furnished under regulation 10 must be given, in the case of—

(a) [F9NHS EnglandF9] , to a person nominated for these purposes by the chief executive of [F9NHS EnglandF9] ;

(b) M7 a local authority, to the director of public health for the authority ;

[F10 (c) an integrated care board, to a person nominated for these purposes by the chief executive of the integrated care board. F10]

Revocation

M812.The National Health Service (Notification of Births and Deaths) Regulations 1982 are revoked in relation to England.

PART 4 [F8 Integrated care board F8] joint exercise of functions with Local Health Boards

Functions of [F8 an integrated care board F8] exercisable jointly with a Local Health Board

13. The functions of [F8 an integrated care boardF8] exercisable under the provisions listed in the Schedule may, subject to such restrictions and conditions as the [F8integrated care boardF8] considers appropriate, be exercised jointly with a Local Health Board.

Joint committees of [F8 an integrated care board F8] and a Local Health Board

14. Any of the functions of [F8 an integrated care boardF8] that may be exercisable by [F8 an integrated care boardF8] jointly with a Local Health Board under regulation 13 may be exercised by a joint committee of the [F8integrated care boardF8] and the Local Health Board.

PART 5 Staff transfer schemes

Prescribed public authorities

15. For the purposes of the seventh and sixteenth entries in column 2 of the Table in Schedule 23 to the 2012 Act (staff transfer schemes - permitted transferees), the prescribed public authorities exercising functions in relation to health are—

(a) a National Health Service trust established under section 25 of the 2006 Act (NHS Trusts); and

(b) an NHS foundation trust established under section 30 of the 2006 Act (NHS foundation trusts).

PART 6 Mental health

Amendment of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

M916. —(1)The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “commissioning body” substitute—

“ “ commissioning body ” means a local social services authority whose area is in England; ” ; and

(b) for the definition of “section 130A functions” substitute—

“ “ section 130A functions ” means the functions under section 130A of the Act of a local social services authority whose area is in England. ” .

(3) For regulation 3 (directions in respect of section 130A functions), substitute—

“ 3 Circumstances in which a person may be appointed to be an Independent Mental Health Advocate

(1) A commissioning body, in exercising section 130A functions, may enter into arrangements to appoint an individual to act as an IMHA only if the commissioning body is satisfied that the conditions set out in regulation 6 are satisfied.

(2) A commissioning body, in exercising section 130A functions, may enter into arrangements with a provider of advocacy services only if such arrangements include a term that the provider is satisfied that the conditions set out in regulation 6 are satisfied in respect of an individual made available by the provider to act as an IMHA.

(3) A commissioning body may only enter into the arrangements described in paragraphs (1) or (2) above where it has had due regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients. ”

M10 (4) Omit regulation 4 (amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 ).

M11 (5) Omit regulation 5 (amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England)Regulations 2002 ).

Prescribed [F8 integrated care board F8] for the purposes of section 236 of the 2006 Act

17. The [F8integrated care boardF8]prescribed for the purposes of section 236 of the 2006 Act (payments for certain medical examinations), for the purpose of paying a medical practitioner who carries out a medical examination of any person with a view to an application for admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983, is as follows—

(a) where the person examined is usually resident in the area of [F8 an integrated care boardF8] , the [F8integrated care boardF8] for that area;

(b) where sub-paragraph (a) does not apply, the [F8integrated care boardF8] for the area in which the person was examined.

PART 7 Amendments to [F11 NHS England F11] and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Interpretation of Part 7

18. In this Part—

M12 “ the Principal Regulations ” means [F11NHS EnglandF11] and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 .

Amendment of regulation 5 of the Principal Regulations

19. In regulation 5 of the Principal Regulations (interpretation of Part 3)—

(a) after the definition of “emergency services”, insert the following definition—

“ “ mandatory dental services M13 ” means dental services which are equivalent in nature to services which must be provided under a general dental services contract by virtue of provision in regulation 14 of the National Health Services (General Dental Services Contracts) Regulations 2005 (mandatory services); ” ; and

(b) after the definition of “secondary care services”, insert the following definition—

“ “ sedation services ” means a course of treatment provided to a patient in connection with the provision to that patient of mandatory dental services during which the provider of that treatment administers one or more drugs to the patient which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—

(a)

the drugs and techniques used to provide the sedation are deployed by the provider of the treatment in a manner that ensures loss of consciousness is rendered unlikely; and

(b)

verbal contact with the patient is maintained in so far as is reasonably possible; ” .

Amendment of regulation 10 of the Principal Regulations

20. In regulation 10 of the Principal Regulations (services for prisoners and other detainees)—

(a) in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph—

“ (a) community services (including mandatory dental services and sedation services); ” ; and

(b) in paragraph (2)(e), delete the words “(except Ashfield Young Offender Institution)”.

PART 8 Public health

Amendment of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

M1421. In regulation 14 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (responsibilities of directors of public health), after paragraph (b) insert—

“ (c) M15 any of the authority's functions arising from its duty to provide, or arrange the provision of, healthy start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005. ” .

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

Regulation 13

SCHEDULE

PART 1 Provisions of the 2006 Act

M16 1. Section 2 (general power) ;

M17 2. Section 3 (duties of [F8integrated care boardsF8] as to commissioning certain health services) ;

M18 3. Section 3A (power of [F8integrated care boardsF8] to commission certain health services) ;

M19 4. Section 7A (exercise of Secretary of State's public health functions) ;

M20 5. Section12ZA (commissioning arrangements by [F12NHS EnglandF12] or [F8integrated care boardsF8] ) ;

6. Section [F13 14Z38 F13] (duty to obtain appropriate advice);

7. Section [F14 14Z45 F14] (public involvement and consultation by [F8integrated care boardsF8] );

M21 8. Section 80 (supply of goods and services by Secretary of State, [F15NHS EnglandF15] and [F8integrated care boardsF8] ) ;

M22 9. Section 98A (exercise of functions) ;

[F16 10. Section 125B (NHS England’s power to direct integrated care boards); F16]

M23 11. Section 222 (power to raise money) ;

12. Section 252A (emergency powers)M24 ;

M25 13. Section 256 (power of [F17NHS England or an integrated care boardF17] to make payments towards expenditure on community services) ;

M26 14. Section 257 (payments in respect of voluntary organisations under section 256) ;

M27 15. Paragraphs 9 and 10 of Schedule 1 (provision of vehicles for disabled persons) ;

M28 16. Paragraph 13 of Schedule 1 (powers in relation to research etc ) ;

17. [F18 Paragraph 21 of Schedule 1B F18] (externally financed development agreements).

PART 2 Provisions of other enactments

M29 18. Section 117 of the Mental Health Act 1983(after-care) ;

M30 19. Section 27 of the Children Act 1989(co-operation between authorities) ;

M31 20. Section 47 of the Children Act 1989 (local authority's duty to investigate) ;

M32 21. Section 322 of the Education Act 1996 (duty of certain bodies to help local authorities) ;

M33 22. Section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies) ;

M34 23. Section 38 of the Crime and Disorder Act 1998 (local provision of youth justice services) ;

M35 24. Section 4 of the Adoption and Children Act 2002 (assessments etc for adoption support services) ;

[F19 25. Section 6(1) of the Care Act 2014(co-operating generally);

25A. Section 7(1) of the Care Act 2014(co-operating in specific cases); F19]

M36 26. Section 10 of the Children Act 2004(co-operation to improve wellbeing) ;

M37 27. Section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare) .

Status: There are currently no known outstanding effects for the The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013.
The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 (2013/261)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 1(2) omitted (6.11.2023) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , regs. 1(1) , 60(2)(a)omitted
F2Words in reg. 1(2) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(2)(a)omitted
F3Words in reg. 1(2) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(2)(b)inserted
F4Words in reg. 1(2) inserted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , regs. 1(1) , 60(2)(b)inserted
F5Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F6Regs. 3(a), 4(1)(a)(b), 6(2)(a)(b), 7(3)(4), 8 omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777) , regs. 1(1) , 12(2) (with savings and transitional provisions in reg. 15 , Sch. 1 ) (as amended by S.I. 2020/1348 , regs. 10-12 ); and regs. 2-8 omitted so far as not omitted by S.I. 2019/777 (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776) , regs. 1(1) , 7 ; 2020 c. 1 , Sch. 5 para. 1(1)this amendment is subject to savings and/or transitional provisions, see the commentary.omitted
F7Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , reg. 1(2) , Sch. para. 1(1) (3) (with Sch. para. 1(2) )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F9Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F10Reg. 11(c) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(3)substituted
F11Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F12Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F13Word in Sch. para. 6 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(4)(a)substituted
F14Word in Sch. para. 7 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(4)(b)substituted
F15Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071) , reg. 1(1) , Sch. para. 1substituted
F16Sch. para. 10 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(4)(c)substituted
F17Words in Sch. para. 13 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(4)(d)substituted
F18Words in Sch. para. 17 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634) , regs. 1(2) , 61(4)(e)substituted
F19Sch. paras. 25, 25A substituted for Sch. para. 25 (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643) , art. 1(2) , Sch. para. 39 (with art. 4 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F19Sch. paras. 25, 25A substituted for Sch. para. 25 (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643) , art. 1(2) , Sch. para. 39 (with art. 4 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
M11983 c. 20 . Section 130A of the Mental Health Act 1983 is inserted by section 30 of the Mental Health Act 2007 (c. 12) and amended by section 43 of the Health and Social Care Act 2012 (c. 7) (“ the 2012 Act ”).
M21972 c. 68 .
M32006 c. 41 . Section 3B of the National Health Service Act 2006 (“ the 2006 Act ”) is inserted by section 15 of the 2012 Act. Section 6D of the 2006 Act is inserted by section 19 of the 2012 Act. Section 7 of the 2006 Act is amended by section 21 of the 2012 Act, but continues to be exercisable in relation to Strategic Health Authorities and Primary Care Trusts by virtue of paragraph 3 of Schedule 6 to the 2012 Act. Section 14Z4 of the 2006 Act is inserted by section 26 of the 2012 Act. Section 73A(1)(f) of the 2006 Act is inserted by section 30 of the 2012 Act. Section 73B(2)(e) of the 2006 Act is inserted by section 31 of the 2012 Act. Section 236 of the 2006 Act is amended by section 55(1) of, and paragraph 123 of Schedule 4 to, the 2012 Act. Section 269(2) of the 2006 Act is substituted by, and section 269(4) is amended by, section 284(1) to (3) of the 2012 Act. Section 273(4) of the 2006 Act is amended by section 55(1) of, and paragraph 137(1) and (3) of Schedule 4 to, the 2012 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 in relation to England only. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.
M42012 c. 7 .
M5S.I. 2001/3495 .
M6See section 2B(5) of the 2006 Act inserted by section 12 of the 2012 Act for the meaning of local authority.
M7By virtue of section 73A of the 2006 Act inserted by section 30 of the 2012 Act, each local authority must, acting jointly with the Secretary of State, appoint a director of public health.
M8S.I. 1982/286 .
M9S.I. 2008/3166 .
M10S.I. 2000/617 , as amended by S.I. 2009/2376 .
M11S.I. 2002/2375 .
M12S.I. 2012/2996 .
M13S.I. 2005/3361 .
M14S.I 2012/3094.
M15S.I. 2005/3262 , as amended by S.I.2013/235
M16Section 2 of the 2006 Act was substituted by section 55(1) of, and paragraph 1 of Schedule 4 to, the 2012 Act. See also section 25(2) of, and Schedule 2 to, the 2012 Act which inserts new Schedule 1A into the 2006 Act. Paragraph 20 of new Schedule 1A to the 2006 Act makes provision about the extent of a clinical commissioning group's powers under section 2 of the 2006 Act.
M17Section 3 of the 2006 Act is amended by section 13 of the 2012 Act.
M18Section 3A of the 2006 Act is inserted by section 14 of the 2012 Act.
M19Section 7A of the 2006 Act is inserted by section 22 of the 2012 Act. By virtue of section 14Z24(2) of the 2006 Act which is inserted by section 26 of the 2012 Act, the reference to the functions of a clinical commissioning group in section 14Z4(1) includes a reference to the functions of the Secretary of State that are exercisable by a clinical commissioning group by virtue of arrangements made under section 7A.
M20Section 12ZA of the 2006 Act is inserted by section 55(1) of, and paragraph 9 of Schedule 4 to, the 2012 Act.
M21Section 80 of the 2006 Act is amended by section 55(1) of, and paragraph 28 of Schedule 4 to, the 2012 Act.
M22Section 98A of the 2006 Act is inserted by section 49(1) of the 2012 Act.
M23Section 222 of the 2006 Act is amended by section 55(1) of, and paragraph 116 of Schedule 4 to, the 2012 Act.
M24Section 252A of the 2006 Act is inserted by section 46 of the 2012 Act.
M25Section 256 of the 2006 Act is amended by section 55(1) of, and paragraph 129 of Schedule 4 to, the 2012 Act.
M26Section 257 of the 2006 Act is amended by section 55(1) of, and paragraph 130 of Schedule 4 to, the 2012 Act.
M27Paragraphs 9 and 10 of Schedule 1 to the 2006 Act are amended by section 17(2), (10) and (11) of the 2012 Act.
M28Paragraph 13 of Schedule 1 to the 2006 Act is substituted by section 17(2) and (13) of the 2012 Act.
M291983 c. 20 . Relevant amendments are made by section 40 of the 2012 Act.
M301989 c. 41 . Relevant amendments are made by section 55(2) of, and paragraphs 47 and 51 of Schedule 5 to, the 2012 Act.
M31Relevant amendments are made by section 55(2) of, and paragraphs 47 and 53 of Schedule 5 to, the 2012 Act.
M321996 c. 56 . Relevant amendments are made by section 55(2) of, and paragraphs 77 and 78 of Schedule 5 to, the 2012 Act.
M331998 c. 37 . Relevant amendments are made by section 55(2) of, and paragraphs 83 and 84 of Schedule 5 to, the 2012 Act.
M34Relevant amendments are made by section 55(2) of, and paragraphs 83 and 85 of Schedule 5 to, the 2012 Act.
M352002 c. 38 . Relevant amendments are made by section 55(2) of, and paragraphs 104 and 105 of Schedule 5 to, the 2012 Act.
M362004 c. 31 . Relevant amendments are made by section 55(2) of, and paragraphs 127 and 128 of Schedule 5 to, the 2012 Act.
M37Relevant amendments are made by section 55(2) of, and paragraphs 127 and 129 of Schedule 5 to, the 2012 Act.
Defined TermSection/ArticleIDScope of Application
integrated care boardreg. 1. of PART 1legTermh7xi0FH5
NHS Englandreg. 1. of PART 1legTerm6I3Ruv08
the 2006 Actreg. 1. of PART 1legTermJfTLPnA6
the 2012 Actreg. 1. of PART 1legTermP74q2Mn2
the Principal Regulationsreg. 18. of PART 7legTermNtuJtdbC
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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