Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 and come into force on 1st April 2013.

(2) In these Regulations—

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

“CCG” means clinical commissioning group( 3 );

“immigration removal centre” means a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999( 4 );

“the Responsibilities Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012( 5 );

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000(offenders under 18: detention and training orders)( 6 ) may be detained and given training and education and prepared for their release;

“walk-in centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by the National Health Service Commissioning Board( 7 ) or a CCG;

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life.

Persons for whom a CCG does not have responsibility in relation to its duty to commission services

2. —(1) For the purposes of section 3 of the 2006 Act( 8 ) (duties of CCGs as to commissioning certain health services), subsection (1A) of that section( 9 ) does not apply—

(a) to the persons listed in paragraph (2); or

(b) in the circumstances prescribed in paragraph (3).

(2) The list of persons referred to in paragraph (1)(a) is as follows—

(a) a person usually resident in Northern Ireland who is provided with primary medical services by a member of the CCG;

(b) a person usually resident in Scotland who is provided with primary medical services by a member of the CCG;

(c) a person usually resident in Wales who is provided with primary medical services by a member of the CCG;

(d) a person for whom the CCG would normally have responsibility under section 3(1A)(a) of the 2006 Act but who has been accepted as a temporary resident by a member of another CCG;

(e) a person provided, by a member of the CCG, only with primary medical services other than those of a description prescribed under section 14A(4) of the 2006 Act( 10 )(general duties of Board in relation to clinical commissioning groups);

(f) a person detained in—

(i) an immigration removal centre;

(ii) a secure training centre; or

(iii) a young offender institution;

(g) a person for whom another CCG is responsible by virtue of—

(i) regulation 4 of, and paragraph 2(c) of Schedule 1 to, the Responsibilities Regulations 2012;

(ii) regulation 4 of, and paragraph 2(g) of Schedule 1 to, the Responsibilities Regulations 2012; or

(iii) regulation 4 of, and paragraph 2(j) of Schedule 1 to, the Responsibilities Regulations 2012.

(3) The circumstances referred to in paragraph (1)(b) are—

(a) the provision to a person of ambulance services or accident and emergency services, whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere (but excluding any services provided after the person has been accepted as an in-patient, or at an out-patient appointment) where another CCG has responsibility for such provision by virtue of regulation 4 of, and paragraph 2(a) of Schedule 1 to, the Responsibilities Regulations 2012;

(b) the provision of accommodation or services in a care home, children’s home or independent hospital where another CCG has responsibility for such provision by virtue of regulation 4 of, and paragraph 2(b), 2(d), 2(e) or 2(f) of Schedule 1 to, the Responsibilities Regulations 2012.

(4) In paragraph (2)(d), the reference to a person who has been accepted as a temporary resident means—

(a) a person accepted by a contractor as a temporary resident under paragraph 16 of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004( 11 ) or under paragraph 15 of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004( 12 ), and for whom that contractor’s responsibility has not been terminated in accordance with the relevant one of those two paragraphs, or

(b) a person accepted by a provider of services as a temporary resident under the terms of an arrangement under section 83 of the 2006 Act (primary medical services), and for whom that contractor’s responsibility has not been terminated in accordance with that arrangement.

Usual residence

3. —(1) This regulation applies if there is a doubt about where a person (“P”) is usually resident for the purposes of regulation 2(2)(a), (b) or (c).

(2) If P gives an address of usual residence, P is to be treated as usually resident at that address.

(3) If P gives instead his or her most recent address, P is to be treated as usually resident at that address.

(4) If P gives neither of those addresses, or gives no address, P is to be treated as usually resident at the place where P is present.

(5) References in this regulation to P’s giving an address include another person giving an address for P on P’s behalf.