Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 and come into force on 1st April 2016.

(2) In these Regulations—

“the 1983 Act” means the Mental Health Act 1983;

“the principal Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012( 3 ).

Amendment to regulation 14 of the principal Regulations

2. In regulation 14 of the principal Regulations (circumstances in which a duty to provider after-care services under section 117(2) of the 1983 Act( 4 ) may be imposed on another clinical commissioning group), omit paragraph (2)(a).

Amendments to regulation 16 of the principal Regulations

3. In regulation 16 of the principal Regulations (matters to be included in commissioning contracts)—

(a) for paragraph (1), substitute—

“ (1) A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider complies with all the duties imposed upon a registered person by regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 ( 5 ) (duty of candour) (“the 2014 Regulations ”), as modified by paragraph (1B), irrespective of whether—

(a) the health service provider is a registered person; or

(b) the health service provider is carrying on a regulated activity. ” ;

(b) after paragraph (1A), insert—

“ (1B) For the purposes of paragraph (1), regulation 20 of the 2014 Regulations is modified as follows—

(a) for “Registered persons” in paragraph (1), substitute “Health service providers”;

(b) for “registered person”, in each place it appears, substitute “health service provider”;

(c) in paragraph (1), omit “in carrying on a regulated activity”; and

(d) in paragraphs (8) and (9) for “a regulated activity”, substitute “health care services”; ” ; and

(c) in paragraph (2)—

(i) omit the definitions of “appropriate apology”, “patient safety incident”, “relevant person” and “relevant information”; and

(ii) after the definition of “LETB”, insert—

“ “registered person” has the same meaning as in regulation 2(1) of the 2014 Regulations (interpretation);

“regulated activity” means an activity prescribed as a regulated activity for the purposes of section 8(1) of the Health and Social Care Act 2008 ( 6 ) (regulated activity) by regulation 3 of the 2014 Regulations (prescribed activities). ” .

Amendments in relation to services for rare and very rare conditions which are commissioned by the Board

4. —(1) In regulation 11A of the principal Regulations (saving and transitional provision in relation to certain services for rare and very rare conditions), for paragraph (3)(b) and (c), substitute—

“ (b) “the transfer date” means—

(i) in relation to transferring services referred to in paragraph (c)(i) (wheelchair services), 1st April 2015; and

(ii) in relation to transferring services referred to in paragraph (c)(ii) (specialist morbid obesity services), 1st April 2016;

(c) “transferring services” are—

(i) wheelchair services as included within the service specified in paragraph 135 of Schedule 4 immediately prior to the transfer date;

(ii) specialist morbid obesity services as specified in paragraph 118 of that Schedule immediately prior to the transfer date. ” .

(2) In Schedule 4 to the principal Regulations (services for rare and very rare conditions)—

(a) in paragraph 58, for “(including bridge to transplant using mechanical circulatory support)”, substitute “(including mechanical circulatory support)”;

(b) after paragraph 75, insert—

“ 76. Mitochondrial donation service. ” ;

(c) after paragraph 116A, insert—

“ 116B. Specialist maternity care for women diagnosed with abnormally invasive placenta. ” ;

(d) omit paragraph 118; and

(e) after paragraph 140, insert—

“ 140A. Surgery for complex obesity in children. ” .

Transitional provision

5. Where, immediately before these Regulations come into force, a clinical commissioning group has responsibility to arrange for the provision of after-care services for a person under section 117(2) of the 1983 Act by virtue of paragraphs (1) and (2)(a) of regulation 14 of the principal Regulations, responsibility shall remain with that clinical commissioning group—

(a) for as long as that person needs after-care; or

(b) until that person is detained under a provision referred to in section 117(1) of the 1983 Act( 7 ).