The National Health Service (Clinical Commissioning Groups) Regulations 2012

Made: 21st June 2012

Laid before Parliament: 26th June 2012

Coming into force in accordance with regulation 1(1)

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Citation, commencement and interpretation

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CCG membership requirement

2

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Basic requirements as to CCG names

3

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The NHS element of a CCG name

4

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The geographical reference element of a CCG name

5

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The Clinical Commissioning Group element of a CCG name

6

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Factors relating to the granting of applications for establishment or merger of CCGs

7

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Conditional establishment of CCG

8

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Variation of CCG constitution and dissolution of CCG: factors etc.

9

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Procedure

10

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Membership of CCG governing body

11

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Membership: supplementary

12

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Chair and deputy chair of governing body

13

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Audit committee

14

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Remuneration committee

15

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Transparency

16

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SCHEDULE 1 — Factors relating to applications for CCG establishment or merger

Interpretation

1

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Factors

2

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SCHEDULE 2 — Factors relating to applications to vary CCG constitution

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SCHEDULE 3 — Factors relating to applications for CCG dissolution

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SCHEDULE 4 — Individuals excluded from being lay members of CCG governing bodies

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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SCHEDULE 5 — Individuals disqualified from membership of CCG governing bodies

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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Signed

Signed by authority of the Secretary of State for Health.

Earl Howe — Parliamentary Under-Secretary of State, — Department of Health — 21st June 2012

Explanatory note

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Footnotes

[^f00001]: 2006 c. 41. Sections 14A to 14O of the 2006 Act are inserted by section 25(1) of the Health and Social Care Act 2012 (c. 7); Schedule 1A is inserted by section 25(2) of, and Schedule 2 to, that Act. By virtue of section 271(1) of the National Health Service Act 2006, the powers in that Act exercised in making these Regulations are exercisable by the Secretary of State only in relation to England. See section 275(1) of the National Health Service Act 2006 for the definitions of “prescribed” and “regulations”. In footnotes below, the National Health Service Act 2006 is referred to as “the 2006 Act”, and the Health and Social Care Act 2012 as “the 2012 Act”.

[^f00002]: 2012 c. 7.Schedule 6 to the 2012 Act relates only to England. See section 304(1) of that Act for the power to make regulations.

[^f00003]: The National Health Service Commissioning Board is established by section 1H of the 2006 Act. Section 1H is inserted by section 9(1) of the 2012 Act.

[^f00004]: A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act, inserted by section 10 of the 2012 Act.

[^f00005]: This extends the definition of “financial year” in section 275(1) of the 2006 Act.

[^f00006]: Section 14A(3) of the 2006 Act provides that for the purposes of Chapter A2 of the 2006 Act, a “provider of primary medical services” is a person who is a party to an arrangement mentioned in paragraph (a), (b) or (c) of section 14A(4) of that Act to provide, or for the provision of, primary medical services of a prescribed description. Chapter A2, including section 14A, is inserted by section 25(1) of the 2012 Act.

[^f00007]: 1971 c. 80.

[^f00008]: S.I. 2004/291, to which there are amendments not relevant to these Regulations.

[^f00009]: Paragraph 30(2) of Schedule 4 to the 2012 Act substitutes subsections (1) and (2) of section 83 of the 2006 Act in consequence of the abolition of Primary Care Trusts.

[^f00010]: “Initial application” is defined in paragraph 1(3) of Schedule 6 to the 2012 Act.

[^f00011]: Section 14Z21 is inserted into the 2006 Act by section 26 of the 2012 Act.

[^f00012]: Seeregulation 10(11) and (12) for provision about the procedure where there are related applications.

[^f00013]: See regulation 13.

[^f00014]: “Lay person” is defined in section 14N(6) of the 2006 Act.

[^f00015]: A CCG’s accountable officer is appointed by the National Health Service Commissioning Board under paragraph 12(2) of Schedule 1A to the 2006 Act. Schedule 1A is inserted by section 25(2) of, and Schedule 2 to, the 2012 Act.

[^f00016]: 1983 c. 54. Section 34D was inserted by S.I. 2010/234.

[^f00017]: Section 34C was inserted by S.I. 2010/234.

[^f00018]: 1996 c. 14.

[^f00019]: Section 55(1) was so re-numbered by S.I. 1996/1591, and the definition of “NHS consultant” was inserted by S.I. 2010/234.

[^f00020]: Chapter A2 is inserted by section 25(1) of the 2012 Act. The definition of “provider of primary medical services” is in section 14A(3) and (4) of the 2006 Act and regulation 2 of these Regulations.

[^f00021]: Subsection (1A), and regulations made under subsections (1B) and (1D), of section 3 of the 2006 Act provide for the persons for whom a CCG has responsibility. Those subsections of section 3 are inserted by section 13(3) of the 2012 Act.

[^f00022]: “Local authority” is defined in section 275(1) of the 2006 Act.

[^f00023]: “NHS body” is defined in section 275(1) of the 2006 Act. The definition is inserted by paragraph 138(2)(c) of Schedule 4 to the 2012 Act, and is to be read with paragraph 138(4) and (5) of that Schedule.

[^f00024]: NHS foundation trusts are provided for by section 30 of, and Schedule 7 to, the 2006 Act, and by Part 4 of the 2012 Act.

[^f00025]: Primary Care Trusts are to be abolished when section 34 of the 2012 Act comes into force.

[^f00026]: “Monitor” is the new name given to the Independent Regulator of NHS Foundation Trusts by section 61(1)(b) of the 2012 Act.

[^f00027]: 1970 c. 42. The definition is in section 1A, inserted by section 102(3) of the Local Government Act 2000 (c. 22).

[^f00028]: 1978 c. 29. Relevant amendments were made by section 15 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

[^f00029]: 2006 c. 42.

[^f00030]: Relevant amendments to section 26 of the National Health Service (Scotland) Act 1978 were made by the Health and Social Security Adjudication Act 1984 (c. 48), Schedule 1, Part 2, paragraph 1 and by section 13(2) of the Smoking, Health and Social Care (Scotland) Act 2005 .

[^f00031]: Relevant amendments to section 27 of the National Health Service (Scotland) Act 1978 were made by the Health Services Act 1980 (c. 53), section 20(2), by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(7), by the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), section 3, and by the Health and Social Care Act 2001 (c.15), section 44(2). Section 27A was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 27(2).

[^f00032]: Section 17C was inserted into the National Health Service (Scotland) Act 1978 by section 21(2) of the National Health Service (Primary Care) Act 1997. Relevant amendments were made to section 17C by section 2 of the Primary Medical Services (Scotland) Act 2004 (asp 1).

[^f00033]: 1986 c. 45. Schedule 4A was inserted by the Enterprise Act 2002 (c. 40), Schedule 20.

[^f00034]: 1985 c. 66. Sections 56A to 56K were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 2(1).

[^f00035]: S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by S.I. 2005/1455 (N.I. 10).

[^f00036]: The list that follows contains the names of certain bodies currently included in the definition of “health service body” in section 9(4) of the 2006 Act, the names of certain bodies which will become included in that list by virtue of amendments made by the 2012 Act, and certain other bodies. The bodies listed in paragraphs (a), (b), and (q) of this sub-paragraph will be added to the list in section 9(4) by the 2012 Act, which will also remove from that list the bodies listed in paragraphs (c), (d) and (m) of this sub-paragraph. Seethe following provisions of the 2012 Act: paragraph 6(2) of Schedule 4, paragraph 18 of Schedule 7, and paragraph 6 of Schedule 21.

[^f00037]: Strategic Health Authorities are continued in existence or established under section 13 of the 2006 Act. They are abolished by section 33 of the 2012 Act.

[^f00038]: Primary Care Trusts are continued in existence or established under section 18 of the 2006 Act. They are abolished by section 34 of the 2012 Act.

[^f00039]: NHS trusts are established under section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006 (c. 42). NHS Trusts in England are abolished by section 179 of the 2012 Act.

[^f00040]: Special Health Authorities are established under section 28 of the 2006 Act or section 22 of the National Health Service (Wales) Act 2006.

[^f00041]: Section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services Adjudications Act 1983 (c. 41), section 28 of, and paragraph 19(1) of Schedule 9 and paragraph 1 of Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19), paragraph 1(2) of Schedule 1 to the National Health Services Reform (Scotland) Act 2004 (asp 7), paragraph 2(2) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 2(1) of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

[^f00042]: Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 and amended by paragraph 34 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and sections 46(1) and 48 of, and paragraph 45 of Schedule 4 to, the 1999 Act.

[^f00043]: S.I. 1972/1265 (N.I. 14). Health and Social Services Boards were dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

[^f00044]: 2008 c. 14.

[^f00045]: 2004 c. 17. The Health Protection Agency is abolished by section 56 of the 2012 Act.

[^f00046]: “Monitor” is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act, and generally, Chapter 1 of Part 3 of that Act.

[^f00047]: 2003 c. 4. The Wales Centre for Health is abolished under S.I. 2009/2653 (W215).

[^f00048]: Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c. 53), paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990, paragraph 44 of Schedule 8 to, the Health Act 1999(c. 8) and paragraph 2(4) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

[^f00049]: Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^f00050]: Section 4 was amended by section 12(3) of, and Schedule 3 to, the Health and Medicines Act 1988 (c. 49) and paragraph 2(3) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005.

[^f00051]: The Northern Ireland Central Services Agency for the Health and Social Services was dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

[^f00052]: 2009 c. 1 (N.I).

[^f00053]: S.I. 1991/194 (N.I. 1). Health and social services trusts established under Article 10 of S.I. 1991/194 (N.I.) were renamed Health and social care trusts under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

[^f00054]: S.I. 1990/247 (N.I. 3) . Special health and social services agencies established under Article 10 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 were renamed Special health and social care agencies under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

[^f00055]: S.I. 2003/431 (N.I.9). The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority established under Article 10 of S.I. 2003/431 (N.I.9) was renamed The Health and Social Care Regulation and Quality Improvement Authority under section 1(2) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

[^f00056]: “Health care professional” is defined for the purposes of section 1 of the 2006 Act in subsection (6) of that section.

[^f00057]: 1986 c. 46.

[^f00058]: S.I. 2002/3150 (N.I. 4).

[^f00059]: 1986 c. 45. The original subsections (1) and (2) were substituted by paragraph 3(2) of Schedule 16 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), and subsection (2) was amended by paragraph 15 of Schedule 23 to the Enterprise Act 2002 (c. 40).

[^f00060]: The Charity Commissioners for England and Wales were replaced by the Charity Commission: section 6 of the Charities Act 2006 (c. 50).

[^f00061]: 1990 c. 40. Section 7 was repealed by paragraph 7(b) of Schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

[^f00062]: 2005 (asp 10). Section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).

Editorial notes

[^key-a373c7c706d0e654a9e0a2931fa0844d]: Regulations revoked (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), 221(a) [Editorial note: No historical revised versions have been created for amendments to this S.I. made prior to its final revocation. A revised version of how the S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the ‘Original (As Made)’ version. For further details of the amendments see the List of All Changes available in ‘More Resources’]