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The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Type Statutory-Instrument

Publication 2013-02-05

Last updated 2020-03-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(3) In paragraph 13, for the words from “and services of a kind” to the end substitute “ , services of a kind which, if provided in pursuance of that Act, would be provided as pharmaceutical services or local pharmaceutical services under that Part or services provided, in pursuance of that Act, at or from premises that are a registered pharmacy (within the meaning given by section 74 of the Medicines Act 1968). ”

The Care Planning, Placement and Case Review (England) Regulations 2010

151

In regulation 13(2)(f) of the Care Planning, Placement and Case Review (England) Regulations 2010 (notification of placement), for “the Primary Care Trust” substitute “ the National Health Service Commissioning Board and the clinical commissioning group ”.

The Water Supply (Water Quality) Regulations 2010

152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010

153

(1) The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “the NIGB”.

(3) Omit regulation 5 (advice and assistance from NIGB).

The National Health Service (Direct Payments) Regulations 2010

154

(1) The National Health Service (Direct Payments) Regulations 2010 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) omit the definition of “after-care PCT”,

(b) omit the definition of “after-care services”,

“health body” means a clinical commissioning group, the National Health Service Commissioning Board, a local authority or the Secretary of State;

(d) after the definition of “patient” insert—

“pilot health body” means a health body in respect of which the Secretary of State has made a pilot scheme;

, and

(e) omit the definition of “pilot PCT”.

(3) In regulation 2 (Secretary of State's power to make a pilot scheme)—

(a) for paragraph (2) substitute—

(2) The Secretary of State may make a pilot scheme in respect of a clinical commissioning group, the National Health Service Commissioning Board or a local authority only in response to a pilot proposal made in accordance with regulation 3, but such a pilot proposal is not required before the making of a pilot scheme in respect of the Secretary of State.

(b) omit paragraph (6), and

(7) Where the Secretary of State has made a pilot scheme, the pilot health body may make direct payments in accordance with these Regulations.

(4) In regulation 3 (pilot proposal for direct payments for health care)—

(a) in paragraph (1), for “Primary Care Trust which seeks to become a pilot PCT” substitute “ health body (other than the Secretary of State) which seeks to become a pilot health body ”,

(b) in paragraph (2)—

(i) for “pilot PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(ii) omit sub-paragraph (e), and

(5) In regulation 4 (Secretary of State's powers in relation to a pilot scheme)—

(a) in paragraph (1), for “pilot PCT” substitute “ pilot health body ”,

(b) in paragraph (2), for “pilot PCT” substitute “ pilot health body ”,

(d) in paragraph (4), for “pilot PCT” substitute “ pilot health body ”, and

(e) after paragraph (4) insert—

(5) In a case where the pilot health body is the Secretary of State— (a) paragraph (1) is to have effect as if the words “by a notice in writing to the pilot health body” were omitted, and (b) paragraph (4) is to have effect as if the words “by notice in writing to the pilot health body” were omitted.

(6) In regulation 5 (review of pilot schemes)—

(a) in paragraph (1)(b)—

(i) for “pilot PCT”, in the first place where it occurs, substitute “ pilot health body (other than the Secretary of State) ”, and

(ii) for “pilot PCT”, in the other places where it occurs, substitute “ pilot health body ”,

(b) in paragraph (5), for “pilot PCT” substitute “ pilot health body ”,

(d) in paragraph (8), for “pilot PCT”, in each place where it occurs, substitute “ pilot health body ”.

(7) In regulation 7(1) (persons to whom a direct payment may be made), for sub-paragraph (a) substitute—

(a) is a person for whose benefit anything may or must be provided or arranged by the pilot health body— (i) under the National Health Service Act 2006, or (ii) in the case of a clinical commissioning group or the National Health Service Commissioning Board, under any other enactment;

(8) In regulation 8 (direct payments in respect of children and persons who lack capacity)—

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

(a) is a person for whose benefit anything may or must be provided or arranged by the pilot health body— (i) under the National Health Service Act 2006, or (ii) in the case of a clinical commissioning group or the National Health Service Commissioning Board, under any other enactment;

(b) in paragraph (4), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(e) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(9) In regulation 9 (nominated person)—

(a) in paragraph (1), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (4), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(10) In regulation 10 (decision to make a direct payment)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (5), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (6), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (7), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(h) in paragraph (9), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(i) in paragraph (10), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(11) In regulation 11 (care plan and care co-ordinator)—

(a) in paragraph (1)—

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (3)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (6)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or the PCT” substitute “ pilot health body ”,

(e) in paragraph (7)—

(i) for “Secretary of State or an after-care PCT” substitute “ pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(f) in paragraph (8), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”.

(12) In regulation 12(1) (information, advice and other support), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”.

(13) In regulation 13 (conditions applying to the making of direct payments by the Secretary of State or an after-care PCT)—

(a) in the heading, for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”,

(b) in paragraph (1)—

(i) for “the Secretary of State or an after-care PCT”, in the first place where it occurs, substitute “ a pilot health body ”,

(ii) for “the Secretary of State or an after-care PCT”, in the second place where it occurs, substitute “ the pilot health body ”, and

(iii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (2), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (3), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (4)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”, and

(f) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(14) In regulation 14 (conditions to be complied with by the patient, representative or nominee)—

(a) in paragraph (3), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(b) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(f) in paragraph (9)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(15) In regulation 15(c) (provision of information), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”.

(16) In regulation 16 (amount of direct payment)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”, and

(e) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

(17) In regulation 17 (monitoring and review of direct payments)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(c) in paragraph (3), for “Secretary of State or an after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (4), for “Secretary of State or an after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (5), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (6), for “Secretary of State or an after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (7), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(h) in paragraph (8), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(i) in paragraph (9), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(j) in paragraph (10), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(k) in paragraph (11), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(l) in paragraph (12), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(18) In regulation 18 (repayment of direct payments)—

(a) in paragraph (1)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or the after-care PCT” substitute “ pilot health body ”,

(b) in paragraph (2)—

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(c) in paragraph (4), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(d) in paragraph (5), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(e) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(f) in paragraph (7), for “Secretary of State or after-care PCT” substitute “ pilot health body ”.

(19) In regulation 19(1) (recovery of amounts due as a civil debt), for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”.

(20) In regulation 20 (stopping direct payments)—

(a) in paragraph (1), for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”,

(b) in paragraph (2)—

(i) for “The Secretary of State or an after-care PCT” substitute “ A pilot health body ”, and

(ii) for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(i) for “the Secretary of State or an after-care PCT” substitute “ a pilot health body ”, and

(ii) for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(d) in paragraph (5), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”,

(e) in paragraph (6), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(f) in paragraph (7), for “Secretary of State or after-care PCT” substitute “ pilot health body ”,

(g) in paragraph (8), for “Secretary of State or after-care PCT” substitute “ pilot health body ”, and

(h) in paragraph (9), for “Secretary of State or after-care PCT”, in each place where it occurs, substitute “ pilot health body ”.

The Town and Country Planning (Development Management Procedure) (England) Order 2010

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Procedure Rules 2010

156

In rule 12.3 of the Family Procedure Rules 2010 (who the parties are)—

(a) in paragraph (1), in the table, in the entry relating to a secure accommodation order, in column 2—

(i) for “Primary Care Trust,” substitute “ Secretary of State, National Health Service Commissioning Board, clinical commissioning group, ”, and

(ii) after “providing” insert “ or arranging ”, and

(b) in paragraph (5), for “ “Primary Care Trust”” substitute “ “clinical commissioning group” ”.

The National Health Service (General Dental Services) (Scotland) Regulations 2010

157

In regulation 2(1) of the National Health Service (General Dental Services) (Scotland) Regulations 2010 (interpretation), in the definition of “equivalent body”—

(a) in paragraph (a), for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

(b) after paragraph (c) insert—

(ca) in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England;

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010

158

In Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 (radiological emergencies), in paragraph 4(2)(d), for “Health Protection Agency pursuant to its functions under section 3 of the Health Protection Agency Act 2004” substitute “ Department of Health, Social Services and Public Safety in Northern Ireland pursuant to its functions under section 58 of the Health and Social Care Act 2012 ”.

The Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010

159

In regulation 16(b) of the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2006 (duty to have regard to guidance), for “National Clinical Assessment Service division of the National Patient Safety Agency” substitute “ the National Health Service Litigation Authority ”.

The Fostering Services (England) Regulations 2011

160

(1) The Fostering Services (England) Regulations 2011 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “children's guide” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

(b) omit the definition of “Primary Care Trust”.

(3) In Schedule 7 (events and notifications), in the table—

(a) in the column relating to an area authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

(b) in the column relating to a Primary Care Trust—

(i) for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”, and

(ii) in the row relating to the outbreak of any infectious disease, omit “yes”.

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011

161

(1) The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the 2000 Act” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

(b) omit the definition of “Primary Care Trust”.

(3) In regulation 7(1)(c) (notification of arrangements), for “the Primary Care Trust” substitute “ the National Health Service Commissioning Board and the clinical commissioning group ”.

The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

162

(1) In the English text of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 , in regulation 34(1) (interpretation)—

(a) omit sub-paragraphs (a) and (b), and

(b) after sub-paragraph (c) insert—

(ca) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (cb) the National Health Service Commissioning Board; (cc) a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);

(2) In the Welsh text of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, in regulation 34(1) (dehongli)—

(a) omit sub-paragraphs (a) and (b), and

(b) after sub-paragraph (c) insert—

(ca) grŵp comisiynu clinigol a sefydlwyd o dan adran 14D o Ddeddf y Gwasanaeth Iechyd Gwladol 2006; (cb) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol; (cc) awdurdod lleol (o fewn ystyr adran 2B o Ddeddf Iechyd Gwladol 2006) sy'n gweithredu i arfer swyddogaethau iechyd y cyhoedd (o fewn ystyr y Ddeddf honno);

The Accounts and Audit (England) Regulations 2011

163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (Charges to Overseas Visitors) Regulations 2011

164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Student Support) Regulations 2011

165

In regulation 38(7) of the Education (Student Support) Regulations 2011 (general qualifying conditions for grants for living and other costs)—

(a) in sub-paragraph (a), for “primary care trust” substitute “ clinical commissioning group ”,

(b) after sub-paragraph (b) insert—

(ba) unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);

, and

(i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006; (ia) the National Health Service Commissioning Board; (ib) the National Institute for Health and Care Excellence; (ic) the Health and Social Care Information Centre;

The Equality Act 2010 (Specific Duties) Regulations 2011

166

In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011 (public authorities required to publish information by 31st January 2012)—

(a) after the entry beginning “An NHS trust” insert—

A clinical commissioning group established under section 14D of that Act. The National Health Service Commissioning Board. The National Institute for Health and Care Excellence. The Health and Social Care Information Centre.

(b) omit the entry beginning “A Primary Care Trust”, and

The Health Research Authority Regulations 2011

167

(1) In regulation 1(2) of Health Research Authority Regulations 2011 (interpretation), in the definition of “health service body”, after paragraph (e) insert—

(ea) the National Institute for Health and Care Excellence; (eb) the Health and Social Care Information Centre;

(2) This paragraph applies in relation to England only.

The Neighbourhood Planning (General) Regulations 2012

168

In Schedule 1 to the Neighbourhood Planning (General) Regulations 2012 (consultation bodies), in paragraph 1(l), for paragraph (i) substitute—

(i) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ia) the National Health Service Commissioning Board;

The Town and Country Planning (Local Planning) (England) Regulations 2012

169

(1) The Town and Country Planning (Local Planning) (England) Regulations 2012 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “specific consultation bodies”, in paragraph (j), for sub-paragraph (i) substitute—

(i) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ia) the National Health Service Commissioning Board;

(3) In regulation 4(1) (duty to co-operate), for sub-paragraph (g) substitute—

(g) each clinical commissioning group established under section 14D of the National Health Service Act 2006; (ga) the National Health Service Commissioning Board;

The National Health Service Trust Development Authority (Establishment and Constitution) Order 2012

170

In article 3(1)(b)(iii) of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 (functions of the Authority)—

(a) omit “Primary Care Trusts,”, and

(b) for “, Special Health Authorities and Strategic Health Authorities” substitute “ and Special Health Authorities ”.

The National Health Service Trust Development Authority Regulations 2012

171

(1) The National Health Service Trust Development Authority Regulations 2012 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (e) insert—

(ea) the National Institute for Health and Care Excellence; (eb) the Health and Social Care Information Centre;

(3) In regulation 3(1)(j) (disqualification for appointment)—

(a) after paragraph (ii) insert—

(iia) the National Institute for Health and Care Excellence, (iib) the Health and Social Care Information Centre,

, and

(b) omit paragraph (iii) (together with the “or” following it).

(4) This paragraph applies in relation to England only.

The Local Authorities (Committee System) (England) Regulations 2012

172

(1) The Local Authorities (Committee System) (England) Regulations 2012 are amended as follows.

(2) In regulation 4 (overview and scrutiny committees)—

(a) in paragraph (3)—

(i) omit sub-paragraph (a), and

(ii) omit sub-paragraph (b) (together with the “or” following it), and

(b) for paragraph (5) substitute—

(5) An overview and scrutiny committee of a local authority may not discharge any functions other than— (a) its functions under this Part, (b) its functions under section 19 of the 2006 Act (local authority scrutiny of crime and disorder matters), or (c) any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).

(3) In regulation 9(6) (relevant partner authorities: reports and recommendations)—

(a) after sub-paragraph (a) insert—

(aa) a clinical commissioning group; (ab) the National Health Service Commissioning Board; or

, and

(b) omit sub-paragraph (c) and the “or” immediately preceding it.

The Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012

173

(1) The English text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 is amended as follows.

(2) In regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), after “means” insert “ a clinical commissioning group, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

(3) In the Schedule (eligibility requirements), in paragraph 1 (general requirements)—

(a) in sub-paragraph (2)—

(i) omit the “or” at the end of paragraph (c),

(ii) in paragraph (d), after “health service body”, in the first place where it occurs, insert “ (other than a clinical commissioning group) ”, and

(iii) after paragraph (d) insert—

or (e) has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

, and

(b) in sub-paragraph (4), after “health service body” insert “ (other than a clinical commissioning group), or of having held the position of chair or member of the governing body of a clinical commissioning group ”.

(4) The Welsh text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 is amended as follows.

(5) In regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “yw” insert “grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol, y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol,”.

(6) In the Schedule (gofynion cymhwystra), in paragraph 1 (gofynion cyffredinol)—

(a) in sub-paragraph (2)—

(i) omit the “neu” at the end of paragraph (c),

(ii) in paragraph (d), after “gorff gwasanaeth iechyd”, insert “ (ac eithrio grŵp comisiynu clinigol) ”, and

(iii) after paragraph (d) insert—

neu (e) wedi ei ddiswyddo fel cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol.

, and

(b) in sub-paragraph (4), after “corff gwasanaeth iechyd” insert “ (ac eithrio grŵp comisiynu clinigol), neu oherwydd iddo ddal swydd cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol ”.

The Health Education England Regulations 2012

174

(1) In regulation 1(2) of the Health Education England Regulations 2012 (interpretation), in the definition of “health service body”, after paragraph (e) insert—

(ea) the National Institute for Health and Care Excellence; (eb) the Health and Social Care Information Centre;

(2) This paragraph applies in relation to England only.

The National Health Service (Clinical Commissioning Groups) Regulations 2012

175

(1) The National Health Service (Clinical Commissioning Groups) Regulations 2012 are amended as follows.

(2) In Schedule 4 (individuals excluded from being lay members of CCG governing bodies)—

(a) in paragraph 3, for “an NHS foundation trust or a Primary Care Trust” substitute “ or an NHS foundation trust ”,

(b) omit paragraph 5, and

(9A) A member or employee of the National Institute for Health and Care Excellence. (9B) A member or employee of the Health and Social Care Information Centre.

(3) In Schedule 5 (individuals disqualified from membership of CCG governing bodies), in paragraph 6(1), after paragraph (m) insert—

(ma) the National Institute for Health and Care Excellence, (mb) the Health and Social Care Information Centre,

The Human Medicines Regulations 2012

176

(1) The Human Medicines Regulations 2012 are amended as follows.

(2) In regulation 213(1) (interpretation)—

(a) before the definition of “the Common Services Agency” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

(b) in the definition of “health authority”, omit paragraph (a),

(d) after the definition of “independent medical agency” insert—

“local authority” has the same meaning as in section 2B of the National Health Service Act 2006;

(e) in the definition of “NHS body”—

(i) after paragraph (c) insert—

(ca) a clinical commissioning group; (cb) the National Health Service Commissioning Board;

, and

(ii) omit paragraph (d), and

(f) omit the definition of “Primary Care Trust”.

(3) In regulation 229 (exemption for supply by national health service bodies)—

(a) in the heading, after “bodies” insert “ and local authorities ”,

(b) after paragraph (1)(d) insert—

(da) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006); or

(d) in paragraph (1)(f)—

(i) after “arrangement with” insert “ a clinical commissioning group, the National Health Service Commissioning Board or ”, and

(ii) for “to (e)” substitute “ to (da) ”.

(4) In regulation 230(6)(a) (exemption for supply etc under a PGD to assist doctors or dentists), for “or Primary Care Trust” substitute “ , local authority or National Health Service Commissioning Board ”.

(5) In regulation 233 (exemption for supply etc under a PGD by person conducting a retail pharmacy business)—

(a) in paragraph (1)(a)—

(i) after paragraph (iv) insert—

(iva) a clinical commissioning group, (ivb) the National Health Service Commissioning Board, (ivc) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006),

, and

(ii) omit paragraph (v), and

(b) in paragraph (5)(a), for “to (v)” substitute “ to (ivc) ”.

(6) In regulation 247 (exemption for supply in the event or anticipation of pandemic disease)—

(a) in paragraph (3)(a), for “, an NHS body or the Health Protection Agency” substitute “ or an NHS body ”, and

(b) after sub-paragraph (3) insert—

(4) A function of the Ministers under this regulation may be exercised by either of them acting alone or both of them acting jointly (and the reference in this regulation to “the Ministers” is to be read accordingly).

(7) In Schedule 16 (patient group directions), in the table in Part 2—

(a) after the row relating to an NHS trust or NHS foundation trust insert—

“Local authority	The Chief Executive or Director of Public Health of the local authority”

(b) omit the row relating to a Primary Care Trust,

(i) after paragraph (d) insert—

(da) a clinical commissioning group; (db) the National Health Service Commissioning Board; (dc) a local authority; or

, and

(ii) omit paragraph (f) and the “or” immediately preceding it.

(d) in the last row, in column 2—

(i) after paragraph (c) insert—

(ca) a clinical commissioning group, (cb) the National Health Service Commissioning Board, (cc) a local authority, or

, and

(ii) omit paragraph (e) and the “or” immediately preceding it.

(8) In Schedule 22 (classes of person for the purposes of regulation 249)—

(a) after the entry relating to an NHS Foundation trust insert—

A local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006).

(b) omit the entry relating to a Primary Care Trust, and

(i) after paragraph (b) insert—

(ba) a clinical commissioning group; (bb) the National Health Service Commissioning Board; (bc) a local authority; or

, and

(ii) omit paragraph (d) and the “or” immediately preceding it.

The Nursing and Midwifery Council (Midwives) Rules 2012

177

(1) The Nursing and Midwifery Council (Midwives) Rules 2012 are amended as follows.

(2) In rule 4 (notifications by local supervising authority)—

(a) in paragraph (1), for “A local supervising authority” substitute “ Each local supervising authority in Wales, Scotland or Northern Ireland ”, and

(b) after paragraph (1), insert—

(1A) The local supervising authority in England must publish— (a) the name and address of each of its midwifery officers to one of whom a notice under rule 3(2) or (3) is to be submitted; (b) the date by which a midwife must give notice under rule 3(3).

(3) In rule 7 (the local supervising authority midwifery officer)—

(a) in paragraph (1), for “Each local supervising authority” substitute “ Each local supervising authority in Wales, Scotland or Northern Ireland ”,

(b) after paragraph (1) insert—

(1A) The local supervising authority in England must, in accordance with any standards set by the Council under article 43(3) of the Order, appoint an adequate number of midwifery officers who satisfy the relevant qualifications and who are to be responsible for exercising its functions in relation to the supervision of midwives practising in its area.

, and

(c) in paragraph (2), for “Those relevant qualifications” substitute “ The relevant qualifications mentioned in paragraphs (1) and (1A) ”.

The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012

178

(1) The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “education and library board” insert—

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

(b) in the definition of “health service body”—

(i) in paragraph (a), omit sub-paragraph (i),

(ii) in paragraph (a), after sub-paragraph (ii) insert—

(iia) a clinical commissioning group; (iib) the National Health Service Commissioning Board; (iic) the National Institute for Health and Care Excellence; (iid) the Health and Social Care Information Centre;

, and

(iii) in paragraph (a), omit sub-paragraph (iii), and

(iv) omit paragraph (d).

(3) In regulation 5 (disqualification for appointment)—

(a) in paragraph (1)(b), after “health service body,” insert “ a former health service body, ”,

(b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

(fa) is the chair or a member of the governing body of a clinical commissioning group;

(d) in paragraph (1)(h), for “health service body,” substitute “ health service body (other than a clinical commissioning group), a former health service body ”, and

(e) after paragraph (1)(h) insert—

(ha) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;

, and

(f) in paragraph (3)(a)—

(i) after “his being” insert “ (i) ”,

(ii) for “health service body,” substitute “ health service body (other than a clinical commissioning group), a former health service body ”, and

(iii) after “regulatory person or body;” insert—

or (ii) the chair or a member of the governing body of a clinical commissioning group;

PART 2 — Instruments revoked

The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999

179

The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 is revoked.

The National Institute for Clinical Excellence Regulations 1999

180

The National Institute for Clinical Excellence Regulations 1999 are revoked.

The National Institute for Clinical Excellence (Amendment) Regulations 1999

181

The National Institute for Clinical Excellence (Amendment) Regulations 1999 are revoked.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999

182

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 is revoked.

The National Patient Safety Agency Regulations 2001

183

The National Patient Safety Agency Regulations 2001 are revoked.

The National Institute for Clinical Excellence (Amendment) Regulations 2002

184

The National Institute for Clinical Excellence (Amendment) Regulations 2002 are revoked.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002

185

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002 is revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002

186

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003

187

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003 are revoked.

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005

188

The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005 is revoked.

The National Institute for Clinical Excellence (Amendment) Regulations 2005

189

The National Institute for Clinical Excellence (Amendment) Regulations 2005 are revoked.

190

The Health and Social Care Information Centre (Establishment and Constitution) Order 2005 is revoked.

191

The Health and Social Care Information Centre Regulations 2005 are revoked.

The NHS Institute for Innovation and Improvement Regulations 2005

192

The NHS Institute for Innovation and Improvement Regulations 2005 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006

193

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007

194

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2007 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007

195

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008

196

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008 are revoked.

197

The Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008 is revoked.

The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No. 2) Regulations 2008

198

The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No. 2) Regulations 2008 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009

199

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010

200

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No. 2) Regulations 2010

201

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No. 2) Regulations 2010 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011

202

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011 are revoked.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2012

203

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2012 are revoked.

The National Patient Safety Agency (Amendment) Regulations 2012

204

The National Patient Safety Agency (Amendment) Regulations 2012 are revoked.

SCHEDULE 3 — Transitional and Saving Provisions

Elections relating to statutory sick pay

1

(1) The amendments made by paragraph 15 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Sick Pay (National Health Service Employees) Regulations 1991 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012 .

Elections relating to statutory maternity pay

2

(1) The amendments made by paragraph 16 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Maternity Pay (National Health Service Employees) Regulations 1991 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Continuing effect of applications to court

3

Any application in respect of a child to a court under section 25 of the Children Act 1989 made by a Primary Care Trust as a result of regulation 2 of the Children (Secure Accommodation) (No. 2) Regulations 1991 is, so far as necessary for any purposes after 31st March 2013, to be treated as made by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) responsible for making arrangements for the provision of accommodation for the child.

Special educational needs: unfulfilled requests for medical advice

4

Any request for medical advice from a Primary Care Trust under regulation 7(1)(c) of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 which remains unfulfilled immediately before 1st April 2013 must be fulfilled by the person (namely the National Health Service Commissioning Board or a clinical commissioning group) to whom the request would have been made had it been made after 31st March 2013.

Continuing validity of prescription forms

5

Notwithstanding the amendments made by paragraphs 50 and 58 of Schedule 2, a prescription form provided by a Primary Care Trust for the purposes of private prescribing (which may also be used for the purposes of issuing a health prescription) is to continue to be valid for the purposes of—

(a) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations 2001 , and

(b) regulations 15(1)(aa), (1A) and (1B) and 16(1D) of the Misuse of Drugs Regulations (Northern Ireland) 2002 .

Local supervising authority

6

(1) So far as necessary for any purposes after 31st March 2013, any act or omission by or in relation to a Strategic Health Authority before 1st April 2013 in its capacity as a local supervising authority under or in connection with—

(a) article 43 of the Nursing and Midwifery Order 2001 , or

(b) rules made under articles 42 and 43 of that Order,

is to be treated as an act or omission by or in relation to the National Health Service Commissioning Board in its capacity as such an authority.

(2) The amendment made by paragraph 51(1) and (3) of Schedule 2 does not affect the continuing validity or effect —

(a) of any appointment before 1st April 2013 of any person in accordance with rules made under articles 42 and 43 of the Nursing and Midwifery Order 2001, or

(b) of any act or omission done by or in relation to any such person in their capacity as such an appointee before 1st April 2013.

(3) In this paragraph, “local supervising authority” has the same meaning as in the Nursing and Midwifery Order 2001.

Elections relating to statutory paternity and statutory adoption pay

7

(1) The amendments made by paragraph 56 of Schedule 2—

(a) do not affect the continuing validity or effect of any election made before 1st April 2013 under regulation 2 of the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 , and

(b) do not prevent a person employed immediately before that date (“the employee”) from making an election under that regulation on or after that date.

(2) An election made by virtue of sub-paragraph (1)(b) is to be made to the person to whom the employee's contract of employment is transferred by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

Continuing validity of medical cards

8

Notwithstanding the amendments made by paragraphs 64(1) and (2)(c), 70(1) and (2)(b), 71(1) and (2)(b) and 75(1) and (2)(b) of Schedule 2, a medical card issued by a Primary Care Trust is to continue to be valid for the purposes of—

(a) the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 ,

(b) the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 ,

(d) the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 .

Duty to co-operate with complaints

9

The amendment made by paragraph 64(1) and (8) of Schedule 2 does not affect the duty of a contractor under paragraph 95 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

10

The amendment made by paragraph 70(1) and (3)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 87 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

11

The absence of reference to ‘Primary Care Trusts’ from the definition of “NHS Body” in paragraph 55 of schedule 1 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 does not affect the duty of a provider under that paragraph to co-operate with any investigation of a complaint begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

12

The amendment made by paragraph 75(1) and (4)(b) of Schedule 2 does not affect the duty of a contractor under paragraph 89 of Schedule 5 to the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

13

The amendment made by paragraph 95(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

14

The amendment made by paragraph 96(1) and (4)(c) of Schedule 2 does not affect the duty of a contractor under paragraph 51 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.

Continuing validity of nominations

15

The amendments made by paragraph 66(1) and (2) of Schedule 2 do not affect the continuation of any person's nomination as a legal representative for the purposes of Schedule 1 to the Medicines for Human Use (Clinical Trials) Regulations 2004 if that person was nominated by a Primary Care Trust or Strategic Health Authority.

Continuing validity of guidance

16

Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 15 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes.

17

Any guidance issued by the National Institute for Health and Clinical Excellence for the purposes of paragraph 14 of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 which has effect immediately before 1st April 2013 is to be treated after 31st March 2013 as if issued by the National Institute for Health and Care Excellence for those purposes.

18

The amendments made by paragraph 123 of Schedule 2 do not affect the handling of any complaint which immediately before 1st April 2013 is being or is to be handled by a provider in accordance with regulation 7 of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 .

19

(1) This paragraph applies to any complaint made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”) under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 which is still being handled by the predecessor body immediately before 1st April 2013.

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the Board must take over the handling of the complaint.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the group must take over the handling of the complaint.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006 ), or to a service which after that date is provided under arrangements made by such an authority, the authority must take over the handling of the complaint as if the complaint had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 .

20

(1) This paragraph applies to any complaint under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009—

(a) which falls to be made after 31st March 2013,

(b) which relates to anything occurring before 1st April 2013, and

(c) which if made before that date would have been made to a Primary Care Trust or Strategic Health Authority (“the predecessor body”).

(2) If the complaint relates to the exercise of a function which after 31st March 2013 is that of the National Health Service Commissioning Board, or to a service which after that date is provided under arrangements made by the Board, the complaint must be made to the Board which shall deal with or handle it in accordance with those Regulations.

(3) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a clinical commissioning group, or to a service which after that date is provided under arrangements made by such a group, the complaint must be made to the group which shall deal with or handle it in accordance with those Regulations.

(4) If the complaint relates to the exercise of a function which after 31st March 2013 is that of a local authority exercising public health functions (within the meaning of the National Health Service Act 2006), or to a service which after that date is provided under arrangements made by such an authority, the complaint must be made to the authority which shall deal with or handle the complaint as if it had been made in accordance with Part 5 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012.

21

If a local authority—

(a) takes over the handling of a complaint in accordance with paragraph 19(4), or

(b) deals with or handles a complaint in accordance with paragraph 20(4),

regulation 29(2)(c) of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 is to have effect as if the reference to the right to take a complaint to a Local Commissioner under the Local Government Act 1974 were a reference to the right to take a complaint to the Health Service Commissioner for England under the Health Service Commissioners Act 1993 .

Continuing operation of pilot schemes

22

(1) The amendments made by paragraph 154 of Schedule 2 do not affect the continuing operation after 31st March 2013 of any pilot scheme which has effect immediately before 1st April 2013.

(2) Any direct payment which but for that abolition could be payable under a pilot scheme by a Primary Care Trust after 31st March 2013 is to be payable by a successor body.

(3) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as an act or omission by or in relation to a successor body.

(4) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with any provision of a pilot scheme or the Direct Payments Regulations is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, a successor body.

(5) Any reference (however expressed) in a pilot scheme to a Primary Care Trust is, where appropriate, to be treated as a reference to a successor body.

(6) In the application of the Direct Payments Regulations to a pilot scheme which has continuing operation by virtue of sub-paragraph (1), any reference in those Regulations to a pilot health body is, where appropriate, to be treated as reference to a successor body.

(7) Where there is more than one successor body in relation to a Primary Care Trust in respect of which a pilot scheme has been made—

(a) sub-paragraphs (2) to (5) are to apply separately in relation to each successor body, and

(b) sub-paragraph (6), in its application to regulations 3 to 5 of the Direct Payments Regulations, is to have effect as if for “a successor body” there were substituted “ all of the successor bodies ”.

(8) In this paragraph—

“direct payment” means a direct payment under a pilot scheme;

“the Direct Payments Regulations” means the National Health Service (Direct Payments) Regulations 2010 ;

“health body” means a clinical commissioning group, a local authority (within the meaning of section 2B of the National Health Service Act 2006 ) or the National Health Commissioning Board;

“pilot scheme” means a pilot scheme under the Direct Payments Regulations;

“relevant function” means a power or duty to provide or arrange for the provision of anything to a person;

“successor body”, in relation to a Primary Care Trust in respect of which a pilot scheme has been made, means a health body whose relevant functions after 31st March 2013 are or include functions in respect of which, if criteria in the pilot scheme were met, direct payments under the scheme could be made.

Ongoing complaints: Wales

23

(1) Sub-paragraph (2) applies if—

(a) arrangements by a Strategic Health Authority or Primary Care Trust with a Welsh NHS body falling within Part 7 of the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 , or

(b) liabilities under or in connection with such arrangements,

are transferred to a clinical commissioning group, the National Health Service Commissioning Board, a local authority (within the meaning of section 2B of the National Health Service Act 2006) or another person by virtue of a transfer scheme under section 300 of the Health and Social Care Act 2012.

(2) That group, Board, authority or person is to be responsible for any relevant functions under Part 7 of those Regulations that fall to be performed after 31st March 2013.

Unpaid service to be taken into account

24

The amendments made by paragraph 165 of Schedule 2 are not to prevent unpaid service with a Primary Care Trust or Strategic Health Authority being taken into account for the purposes of regulation 38(6) of the Education (Student Support) Regulations 2011 .

Publication of public sector equality duty information and equality objectives

25

In its application to a clinical commissioning group, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 2(2)(a) of the Equality Act 2010 (Specific Duties) Regulations 2011 (publication of public sector equality duty information not later than 31st January 2012) is to have effect as if the reference to 31st January 2012 were a reference to 31st January 2014.

26

In its application to the National Health Service Commissioning Board, the National Institute for Health and Care Excellence or the Health and Social Care Information Centre, regulation 3(2)(a) of those Regulations (publication of equality objectives not later than 6th April 2012) is to have effect as if the reference to 6th April 2012 were a reference to 6th April 2013.

27

In its application to a clinical commissioning group, regulation 3(2)(a) of those Regulations is to have effect as if the reference to 6th April 2012 were a reference to 13th October 2013.

Continuing validity and effect of patient group directions

28

(1) The amendments made by paragraph 176 of Schedule 2 do not affect the continuing validity or effect of any patient group direction (within the meaning of Part 12 of the Human Medicines Regulations 2012 ) which has effect immediately before 1st April 2013.

(2) Any such patient group direction is to have effect until it expires or is replaced.

Signed

Signed by authority of the Secretary of State for Health.

Anna Soubry — Parliamentary Under-Secretary of State, — 2013-02-05

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2006 c. 41. The powers conferred by the National Health Service Act 2006 and exercised by the Secretary of State in making this Order are exercisable only in relation to England by virtue of section 271(1) of that Act; see Part 2 of the Order.

[^f00002]: 2012 c. 7.

[^f00003]: S.I. 2001/713. The relevant amending instrument is S.I. 2003/1827.

[^f00004]: “Property” includes rights; seesection 275(1) of the National Health Service Act 2006.

[^f00005]: The National Health Service Litigation Authority is a Special Health Authority established by S.I. 1995/2800, to which there are amendments not relevant to this Order.

[^f00006]: 1993 c. 46.

[^f00007]: S.I. 2009/309. The relevant amending instrument is S.I. 2009/1768.

[^f00008]: S.I. 2004/433, to which there is an amendment not relevant to this Order.

[^f00009]: S.I. 2004/865, to which there are amendments not relevant to this Order.

[^f00010]: S.I. 2004/1772.

[^f00011]: S.I. 2005/3435, to which there is an amendment not relevant to this Order.

[^f00012]: S.I. 2006/562, to which there are amendments not relevant to this Order.

[^f00013]: S.I. 1990/2024. The relevant amending instrument is S.I. 2001/4031.

[^f00014]: S.I. 2005/251, to which there are amendments not relevant to this Order.

[^f00015]: S.I 2001/713.

[^f00016]: S.I 2001/715.

[^f00017]: S.I 2001/4044.

[^f00018]: S.I 2003/1827.

[^f00019]: S.I. 1912/348. Relevant amending instruments are S.I. 1975/1189, S.I. 1984/109 and S.I. 2002/2469.

[^f00020]: S.I. 1972/1265. Relevant amending instruments are S.I. 1977/1177 and S.I. 2004/311

[^f00021]: S.I. 1974/29. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

[^f00022]: S.I. 1974/191, as amended by S.I. 2002/2469.

[^f00023]: S.I. 1974/495. The relevant amending instrument is S.I. 2002/2469.

[^f00024]: S.I. 1976/615. Relevant amending instruments are S.I. 1991/2284, S.I. 2002/2469, S.I. 2004/865 and S.I. 2004/1016.

[^f00025]: S.I. 1978/1039. The relevant amending provision is paragraph 10 of Schedule 3 to the Health Protection Agency Act 2004 (2004 c. 17).

[^f00026]: S.I. 1986/524. The relevant amending instrument is S.I. 2002/2469.

[^f00027]: S.I. 1987/235. Relevant amending instruments are S.I. 1991/2284, S.I. 2002/2469, S.I. 2004/865 and S.I. 2004/1016.

[^f00028]: S.I. 1987/1967. Relevant amending instruments are S.I. 1998/563, S.I. 2001/859, S.I. 2008/3157 and S.I. 2009/2655.

[^f00029]: S.I. 1987/1968. Relevant amending instruments are S.I. 2002/2469 and S.I. 2003/492

[^f00030]: S.I. 1988/865. The relevant amending instrument is S.I. 2002/2469.

[^f00031]: S.I. 1990/2024. Relevant amendment instruments are S.I. 1997/2990, S.I. 2000/2434, S.I. 2005/497, S.I. 2005/1446 and S.I. 2012/1641.

[^f00032]: S.I. 1991/481. Relevant amending instruments are S.I. 1998/564 and S.I. 2002/2469.

[^f00033]: S.I. 1991/589. Relevant amending instruments are S.I. 2000/694 and S.I. 2002/2469.

[^f00034]: S.I. 1991/590. Relevant amending instruments are S.I. 2000/694 and S.I. 2002/2469.

[^f00035]: S.I. 1991/1505. Relevant amending instruments are S.I. 2000/694 and S.I. 2010/1172.

[^f00036]: S.I. 1991/2034. Relevant amending instruments are S.I. 2000/694, S.I. 2002/546 and S.I. 2010/1172.

[^f00037]: S.R. 1991/70, to which there are amendments not relevant to this Order.

[^f00038]: S.I. 1992/1815. The relevant amending instrument is S.I. 2002/2469.

[^f00039]: S.I. 1992/2645. Relevant amending instruments are S.I. 2001/161, S.I. 2002/2469 and S.I. 2004/696.

[^f00040]: S.I. 1992/3182. Relevant amending instruments are S.I. 1993/582 and S.I. 2002/2469.

[^f00041]: S.R. 1992/466. The relevant amending instrument is S.R. 2001/16.

[^f00042]: S.I. 1993/3167. The relevant amending instrument is S.I. 2000/694.

[^f00043]: S.R. 1994/63, to which there are amendments not relevant to this Order.

[^f00044]: S.I. 1995/2801. Relevant amending instruments are S.I. 2000/696, S.I. 2000/2433 and S.I. 2012/1641.

[^f00045]: S.I. 1996/207. Relevant amending instruments are S.I. 1998/563, S.I. 2001/859 and S.I. 2008/3157.

[^f00046]: S.I. 1996/686. Relevant amending instruments are S.I. 2002/2469 and S.I. 2005/604.

[^f00047]: S.I. 1996/701. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/3365.

[^f00048]: S.I. 1996/1023. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

[^f00049]: S.I. 1996/1313. The relevant amending instrument is S.I. 2005/3039.

[^f00050]: S.I. 1996/2745. The relevant amending instrument is S.I. 2002/2469.

[^f00051]: S.I. 1996/2890. Relevant amending instruments are S.I. 1999/1523, S.I.2002/530, S.I. 2002/2469, S.I. 2002/2798, S.I. 2003/2504 and S.I. 2004/253.

[^f00052]: S.I. 1998/880. The relevant amending instrument is S.I. 2002/2469.

[^f00053]: S.I. 1999/728. The relevant amending instrument is S.I. 2009/3082.

[^f00054]: S.I. 1999/743. The relevant amending instrument is S.I. 2002/2469.

[^f00055]: S.I. 1999/873. Relevant amending instruments are S.I. 2000/2385, S.I. 2002/2469, S.I. 2005/604 and S.I. 2012/1641.

[^f00056]: S.I. 1999/874. Relevant amending instruments are S.I. 2000/2342, S.I. 2002/2469, S.I. 2005/604 and S.I. 2012/1641

[^f00057]: S.I. 1999/1319, to which there are amendments not relevant to this Order.

[^f00058]: S.I. 1999/2506. The relevant amending instrument is S.I. 2002/2469.

[^f00059]: S.I. 2000/415. Relevant amending instruments are S.I. 2002/2469 and S.I. 2004/696.

[^f00060]: S.I. 2000/617. Relevant amending instruments are S.I. 2010/1000 and S.I. 2012/3094.

[^f00061]: S.I. 2000/3184. The relevant amending instrument is S.I. 2007/2734.

[^f00062]: S.I. 2000/3371. The relevant amending instrument is S.I. 2009/3082.

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