The Health and Care Act 2022 (Commencement No. 1) Regulations 2022

Made: 6th May 2022

The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 189(6) and (7) of the Health and Care Act 2022[^f00001].

Citation, extent and interpretation

1

• (1) These Regulations—

• (a) may be cited as the Health and Care Act 2022 (Commencement No. 1) Regulations 2022; and

• (b) extend to England and Wales.

• (2) In these Regulations, “the 2006 Act” means the National Health Service Act 2006[^f00002].

Commencement of provisions

2

The day appointed for the coming into force of the following provisions of the Health and Care Act 2022 is 9th May 2022—

• (a) section 1(1) (NHS Commissioning Board renamed NHS England), only in so far as it is required for the purposes of interpreting the words “NHS England” in—

• (i) the provisions inserted into the 2006 Act by the provisions in paragraphs (c) and (e) below, and

• (ii) the provision in paragraph (f) below;

• (b) section 19(1) (establishment of integrated care boards);

• (c) section 19(2), only in so far as it inserts the following provisions of Chapter A3 into the 2006 Act—

• (i) section 14Z25(1), (2), (3), (5), (6)(a) and (8) (duty to establish integrated care boards),

• (ii) section 14Z26 (process for establishing initial integrated care boards), and

• (iii) section 14Z28 (transfer schemes in connection with integrated care boards);

• (d) section 19(3);

• (e) section 19(4) and Schedule 2 (integrated care boards: constitution etc), only in so far as they insert Part 1 of Schedule 1B (constitution of integrated care boards) into the 2006 Act;

• (f) section 38 (transfer schemes in connection with abolished bodies).

Signed

Gillian Keegan — Minister of State, — Department of Health and Social Care — 6th May 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force specified provisions of the Health and Care Act 2022 (c. 31) (“the Act”) on 9th May 2022. They are the first commencement regulations to be made under the Act.

Regulation 2(a) brings into force section 1(1) of the Act, which renames the NHS Commissioning Board as NHS England, only for the purposes of interpreting the words “NHS England” in the provisions inserted into the National Health Service Act 2006 (c. 41) (“the 2006 Act”) by the provisions in paragraphs (c) and (e) of regulation 2, and in the provision in paragraph (f) of regulation 2.

Regulation 2(b) brings into force section 19(1) of the Act (establishment of integrated care boards).

Regulation 2(c) partially brings into force section 19(2) of the Act, which inserts the new Chapter A3 (integrated care boards) into the 2006 Act. In so far as is relevant to these Regulations, Chapter A3 makes provision for the establishment of, and transfer schemes in connection with, integrated care boards.

Regulation 2(d) brings into force section 19(3) of the Act.

Regulation 2(e) brings into force section 19(4) of, and Schedule 2 to, the Act, to the extent that they insert Part 1 of the new Schedule 1B into the 2006 Act. Part 1 of Schedule 1B makes provision for the constitution of integrated care boards.

Regulation 2(f) brings into force section 38 of the Act, which confers powers on the Secretary of State to make schemes for the transfer of property, rights and liabilities in connection with the abolition of Monitor and the National Health Service Trust Development Authority. The Act makes further provision about the abolition of these bodies.

A full impact assessment has not been prepared for this instrument as the Regulations themselves have no impact on the private, voluntary or public sector. A full impact assessment has been prepared in relation to the Act, and a copy is available at https://www.gov.uk/government/publications/health-and-care-bill-combined-impact-assessments. A hard copy can be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

Footnotes

[^f00001]: 2022 c. 31

[^f00002]: 2006 c. 41