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

[^f00012]: S.I. 2000/617 as amended by S.I. 2001/2237, 2002/2469, 2003/629, 2004/696, 2005/3504, 2009/278, 2010/1000 and 2010/1172.

[^f00013]: Regulation 6 was amended by S.I. 2003/629, 2005/3504, 2010/1172 and by regulation 12 of these Regulations.

[^f00014]: Section 77(1) was amended by section 200(1) of the 2012 Act.

[^f00015]: Regulation 5 was amended by S.I. 2009/278, 2010/1000 and by regulation 12 of these Regulations.

[^f00016]: See section 77(12) of the 2006 Act for the meaning of “LA delegation arrangements”.

[^f00017]: Monitor is the body corporate, formerly known as the Independent Regulator of NHS Foundation Trusts, continued under section 61 of the 2012 Act.

[^f00018]: Established by section 1 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”).

[^f00019]: S.I. 2001/3788. The Care Trusts (Application and Consultation) Regulations 2001 were amended by S.I. 2002/2469 and S.I. 2010/743.

[^f00020]: S.I. 2010/743.

[^f00021]: S.I. 2000/617.

[^f00022]: Regulation 2 was amended by S.I. 2000/629.

[^f00023]: Section 9 was amended by the 2008 Act, Schedule 5, paragraph 82 and by the 2012 Act, Schedule 4, paragraph 6, Schedule 7, paragraph 18, Schedule 14, paragraph 4, Schedule 17, paragraph 10(2), Schedule 19, paragraph 9(2), and Schedule 21, paragraph 6.

[^f00024]: Regulation 3 was amended by S.I. 2002/2469, 2003/629 and 2004/696.

[^f00025]: Regulation 4 was amended by S.I. 2002/2469 and 2003/629.

[^f00026]: Regulation 5 was amended by S.I. 2009/278 and 2010/1000.

[^f00027]: Regulation 6 was amended by S.I. 2003/629, 2005/3504 and 2010/1172.

[^f00028]: Regulation 7 was amended by S.I. 2002/2469.

[^f00029]: Regulation 8 was amended by S.I. 2003/629.

[^f00030]: Regulation 9 was amended by S.I. 2002/2469 and 2003/629.

[^f00031]: 2006 c.42. Schedule 1 was amended by sections 144 and 160 of, and Schedule 14 to, the 2008 Act, S.I. 2010/1158 and by section 72 of, and paragraphs 25 and 26 of Schedule 1 to, the Children and Families (Wales) Measure 2010 (nawm 1).

[^f00032]: Section 127 was amended by section 55(1) of, and paragraph 64(1) to (4) of Schedule 4 to, the 2012 Act.

[^f00033]: S.I. 2004/629. Schedule 2 was amended by S.I. 2004/3215, 2009/2230, 2010/2389, 2011/680 and 2011/1043.

[^f00034]: S.I. 2012/1909.

[^f00035]: S.I. 2000/618. The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations was amended by S.I. 2004/865, 2007/674, 2008/2828 and 2012/1909.

[^f00036]: See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to sections 73A and 73B of the 2006 Act by virtue of sections 73A(8) and 73B(7) respectively of that Act.

[^f00037]: 2003 c.17. Section 5(3)(bb) of the Licensing Act 2003 (“the 2003 Act”) was inserted by paragraphs 111 and 112(b) of Schedule 5 to the 2012 Act.

[^f00038]: Sections 13(4)(bb), 69(4)(bb) and 172B(4)(da) of the 2003 Act were each inserted by paragraph 111 and (respectively) paragraphs 113(b), 115(b) and 116(b) of Schedule 5 to the 2012 Act.

[^f00039]: Sections 18 and 35 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 105(1) and (respectively) section 105(4) and 105(6) of the Police Reform and Social Responsibility Act 2011 (c.13) (“the 2011 Act”). Section 41B of the 2003 Act was inserted by article 2 of S.I. 2009/1772.

[^f00040]: Section 31 of the 2003 Act was amended by section 105(1) and (5) of the 2011 Act.

[^f00041]: Section 51 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 106(1) and (2) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.

[^f00042]: Section 53C of the 2003 Act was inserted by section 21 of the Violent Crime Reduction Act 2006 (c.38).

[^f00043]: Sections 72 and 85 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 107(1) and (respectively) section 107(4) and (5) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.

[^f00044]: Section 87 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 108(1) to (3) of the 2011 Act.

[^f00045]: Section 167 was amended (in relation to relevant references to the responsible authority) by section 106(1) and (6)(e) of the 2011 Act.

[^f00046]: Section 172B of the 2003 Act was inserted by section 119(1) and (3) of the 2011 Act.

[^f00047]: 1991 c.56. Section 87(1) is substituted by section 58(1) and (2) of the Water Act 2003 (c.37).

[^f00048]: See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to section 111 by virtue of section 111(3) of that Act.

[^f00049]: Paragraph 13 of Schedule 1 to the 2006 Act is substituted by section 17(2) and (13) of the 2012 Act.

[^f00050]: S.I. 2006/185.

[^f00051]: See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to section 73C by virtue of section 73C(6) of the 2006 Act.

[^f00052]: 1971 c.80.

[^f00053]: See section 1H(5)(b) of the 2006 Act for the meaning of references to the public health functions of local authorities.

[^f00054]: Section 6C of the 2006 Act is inserted by section 18(1) of the 2012 Act. See section 1H(5)(a) of the 2006 Act for the meaning of references to the public health functions of the Secretary of State.

[^f00055]: Section 7A of the 2006 Act is inserted by section 22 of the 2012 Act.

[^f00056]: See section 73A of the 2006 Act and regulation 14 of these Regulations as to the responsibilities of directors of public health.

[^f00057]: 1989 c.42.

[^f00058]: 2005 c.9.

[^f00059]: 1974 c.7.

[^f00060]: 2000 c.36.

[^f00061]: 1972 c.11.

[^f00062]: See section 115(6) of the 2003 Act for the meaning of “statutory complaints procedure”.

[^f00063]: Section 225(5) is amended by section 186(6) and (7) of the 2012 Act.

[^f00064]: There are no relevant amendments to section 221(6).

[^f00065]: 2002 c.17. Section 25 was amended by section 113 of, and paragraphs 16 and 17 of Schedule 10 to, the Health and Social Care Act 2008 (c.14) (“the 2008 Act”), section 222 of, and paragraphs 56 and 62 of Schedule 15 to, the 2012 Act, and S.I. 2010/231. See also section 25(3A) and the related provision in regulation 34(2) of these Regulations.

[^f00066]: See section 222(2A) of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”) for the meaning of “Local Healthwatch organisation”. Subsection (2A) is substituted by section 183(1) and (2) of the 2012 Act.

[^f00067]: See section 229 of the 2007 Act for the definition of “local authority”.

[^f00068]: Section 222 is amended by section 183 of the 2012 Act. See in particular section 222(2B) which is substituted by section 183(2) of the 2012 Act, and the definition of “local authority” in section 229(1) of the 2007 Act.

[^f00069]: Section 223 is amended by section 184 of the 2012 Act. The definition of “Local Healthwatch contractor” is inserted by section 184(1) and (6) of that Act – see section 223(3).

[^f00070]: There are no relevant amendments to section 226(8). Section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20) inserted new Part 1A into the Local Government Act 2000 (c.22) (arrangements with respect to local authority governance in England) which replaces Part 1 of that Act in relation to England. Overview and scrutiny committees are provided for in section 9F(1) of that Act for authorities operating executive arrangements, and in section 9JA for authorities operating a committee system.

[^f00071]: Section 224(2) is amended by paragraphs 148 and 150 of Schedule 5 to the 2012 Act.

[^f00072]: Section 221(2) is amended by section 182(1) to (4) of the 2012 Act.

[^f00073]: Section 225(7) is amended by paragraphs 148 and 151 of Schedule 5 and paragraphs 103 and 106 of Schedule 14 to the 2012 Act.

[^f00074]: 1999 c.8. See section 60(2ZB) and (2ZC) which is inserted by section 209(1) and (6) of the 2012 Act.

[^f00075]: See section 60(2ZA) which is inserted by section 209(1) and (5) of the 2012 Act.

[^f00076]: 1971 c.80.

[^f00077]: The Health and Care Professions Council was formerly known as the Health Professions Council and is continued in existence by section 214 of the 2012 Act. The Council was established under article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254). The Order is so re-named by section 213(4) and (6) of the 2012 Act and has been amended by paragraph 8 of Schedule 12 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 9 and paragraph 48 of Schedule 8 to the Health Act 2006 (c.28), paragraph 15 of Schedule 10 to the 2008 Act, by virtue of section 81(5) of the Policing and Crime Act 2009 (c.26), by sections 213(1) to (6), 214(2) to (4), 215, 216, 218 and 219 of the 2012 Act and S.I. 2003/3148, 2004/2033, 2007/3101, 2009/1182, 2010/233, 2011/1043 and 2012/1479.

[^f00078]: Section 25(3)(j) was substituted by paragraph 17 of Schedule 10 to the 2008 Act.

[^f00079]: 2011 c.25.

[^f00080]: 2004 c.27. Section 26 was amended by S.I. 2006/242 and S.I. 2007/1093.

[^f00081]: 2006 c.46.

[^f00082]: See section 5 of, and Schedule 1 to, the Interpretation Act 1978 (c.30) for the definition of “the EU”. The definition was substituted by the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00083]: Sections 244 and 245 are amended by sections 190 and 191 respectively of the 2012 Act.

[^f00084]: Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and amended by paragraph 14(1) and (2) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c.47), section 78(2)(a) to (d) and 79 of, and paragraphs 27 and 28 of Schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), section 50(1) and (3)(a) to (c) of the Criminal Justice and Immigration Act 2008 (c.4), sections 97(2) of, and Schedule 8 to, the Policing and Crime Act 2009 (c.26), section 188 of the Children’s Hearings (Scotland) Act 2011 (asp 1), sections 79(2)(a) and 80(1) of, and Schedule 10 and paragraphs 35 and 36 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9) and S.I. 2009/203 and 2010/1146.

[^f00085]: Section 45D(1) of the 2008 Act enables the Care Quality Commission to grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the 2007 Act, of a registered trade mark of which the Commission is the proprietor. See the definition of “registered trade mark” and “use” in section 45D(3) of the 2008 Act. Section 45D is inserted by section 182(11) of the 2012 Act.

[^f00086]: See the meaning of “use” and “trade mark” in section 223(3) of the 2007 Act.

[^f00087]: 2008 c.14.

[^f00088]: 1994 c.26; see section 103 for the definition of “infringement proceedings”.

[^f00089]: The Commission was established by section 1(1) of the 2008 Act.

[^f00090]: S.I. 2008/528, as amended by S.I. 2008/1877.

[^f00091]: See regulation 1(3) of the Local Involvement Networks Regulations 2008.

[^f00092]: See regulation 1(3) of the Local Involvement Networks Regulations 2008.