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The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022

Type Statutory-Instrument
Publication 2022-06-09
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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(22) (1) A claim for a liability of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board. (2) A liability of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board. (3) A claim for a liability of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England. (4) A liability of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England. (5) A liability of Monitor which— (a) arose before 1st July 2022, and (b) is a liability of the kind which may be claimed by a member under the Scheme, may be claimed on or after that date by NHS England. (6) In this Regulation— - “a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act; - “claim” means a claim under the Scheme; - “liability” means a liability to which the Scheme applies; - “Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012; - “NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012; - “relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.

Amendment of the National Health Service (Property Expenses Scheme) (England) Regulations 2018

219

  • (1) The National Health Service (Property Expenses Scheme) (England) Regulations 2018[^f00207] are amended as follows.
  • (2) In regulation 5, at the beginning insert—

(A1) Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).

  • (3) After regulation 17 insert—

(18) (1) A claim for an expense of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board. (2) An expense of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board. (3) A claim for an expense of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England. (4) An expense of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England. (5) An expense of Monitor which— (a) arose before 1st July 2022, and (b) is an expense of the kind which may be claimed by a member under the Scheme, may be claimed on or after that date by NHS England. (6) In this Regulation— - “a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act; - “claim” means a claim under the Scheme; - “expense” means an expense to which the Scheme applies; - “Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012; - “NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012; - “relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.

Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990

220

  • (1) The National Health Service Trusts (Membership and Procedure) Regulations 1990[^f00208], as they apply to England, are amended as follows.
  • (2) In regulation 3, in paragraph (1) for “the Secretary of State” substitute “NHS England”.
  • (3) In regulation 4, in paragraph (5) for “the Secretary of State” substitute “NHS England”.
  • (4) In regulation 7, in paragraph (1) for “the Secretary of State” substitute “NHS England”.
  • (5) In regulation 9—
  • (a) in paragraph (1) for “the Secretary of State” substitute “NHS England”;
  • (b) in paragraph (3) for “the Secretary of State”, in both places it occurs, substitute “NHS England”;
  • (c) in paragraph (4) for “the Secretary of State”, in each place it occurs, substitute “NHS England”;
  • (d) in paragraph (5)—
  • (i) in sub-paragraph (a) for “the Secretary of State” substitute “NHS England”;
  • (ii) in sub-paragraph (b)—
  • (aa) for “the Secretary of State” substitute “NHS England”;
  • (bb) for “he”, in the second place it occurs, substitute “NHS England”;
  • (e) in paragraph (6)—
  • (i) for “the Secretary of State” substitute “NHS England”;
  • (ii) for “he” substitute “NHS England”;
  • (f) in paragraph (7) for “the Secretary of State” substitute “NHS England”;
  • (g) in paragraph (8)—
  • (i) for “the Secretary of State” substitute “NHS England”;
  • (ii) for “he” substitute “NHS England”;
  • (h) in paragraph (9) for “the Secretary of State”, in both places it occurs, substitute “NHS England”.
  • (6) In regulation 9A—
  • (a) in paragraph (1)—
  • (i) for “The Secretary of State” substitute “NHS England”;
  • (ii) for “the Secretary of State” substitute “it”;
  • (b) in paragraph (2) for “The Secretary of State” substitute “NHS England”;
  • (c) in paragraph (4) for “The Secretary of State” substitute “NHS England”;
  • (d) in paragraph (5) for “the Secretary of State” substitute “NHS England”.
  • (7) In regulation 9C—
  • (a) in paragraph (3) for “The Secretary of State” substitute “NHS England”;
  • (b) in paragraph (4) for “the Secretary of State” substitute “NHS England”;
  • (c) in paragraph (5) for “the Secretary of State” substitute “NHS England”;
  • (d) in paragraph (6) for “the Secretary of State” substitute “NHS England”;
  • (e) in paragraph (7)—
  • (i) for “The Secretary of State” substitute “NHS England”;
  • (ii) for “the Secretary of State” substitute “it”;
  • (f) in paragraph (8) for “the Secretary of State”, in both places it occurs, substitute “NHS England”.
  • (8) In regulation 12—
  • (a) in paragraph (3) for “the Secretary of State”, in both places it occurs, substitute “NHS England”;
  • (b) in paragraph (4) for “the Secretary of State” substitute “NHS England”;
  • (c) in paragraph (5)—
  • (i) for “the Secretary of State”, in both places it occurs, substitute “NHS England”;
  • (ii) for “him” substitute “it”;
  • (d) after paragraph (5) insert—

(6) This regulation is subject to regulation 21.

  • (9) In regulation 20, in paragraph (2)—
  • (a) for “The Secretary of State” substitute “NHS England”;
  • (b) for “he” substitute “it”;
  • (c) for “him” substitute “NHS England”.
  • (10) After regulation 20 insert—

(21) (1) This regulation applies where a person— (a) applied to the Secretary of State before 1st July 2022 to remove a disqualification in accordance with regulation 12(3), and (b) immediately before 1st July 2022 that application had not been determined in accordance with that regulation. (2) Regulation 12 applies in respect of that application as if it had not been amended by the Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022[^f00209].

PART 9 — Revocations

Revocations

221

The following are revoked—

  • (a) bythe National Health Service (Clinical Commissioning Groups) Regulations 2012[^f00210];
  • (b) bythe National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013[^f00211];
  • (c) the Delayed Discharges (Continuing Care) Directions 2013[^f00212], which came into force on 11th November 2013.

SCHEDULE

Further amendments replacing references to clinical commissioning groups

1

  • (1) The enactments listed in sub-paragraph (3) are amended in accordance with the table.
For the following expression wherever it occurs in any of those enactments substitute
“a clinical commissioning group” “an integrated care board”
a Clinical Commissioning Group” “an integrated care board”
“A clinical commissioning group” “An integrated care board”
“clinical commissioning group” “integrated care board”
“Clinical commissioning group” “Integrated care board”
“Clinical Commissioning Group” “integrated care board”
“clinical commissioning groups” “integrated care boards”
“a clinical commissioning group established under section 14D of the National Health Service Act 2006” “an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006”
“A clinical commissioning group established under section 14D of the National Health Service Act 2006” “An integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006”
“a Clinical Commissioning Group established under section 10 of the Health and Social Care Act 2012” “an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006”
“a CCG” “an integrated care board”
“A CCG” “An integrated care board”
“a CCG’s” “an integrated care board’s”
CCG” “integrated care board”
“CCGs” “integrated care boards”
“CCG’s” “integrated care board’s”
  • (2) Sub-paragraph (1) does not apply—
  • (a) to an expression listed in column 1 of the table which is replaced or removed by an amendment elsewhere in these Regulations,
  • (b) to the title of an enactment, or
  • (c) to a reference to the title of an enactment.
  • (3) The enactments are—
  • the Royal Free Hampstead National Health Service Trust (Establishment) Order 1990 (S.I. 1990/2435)
  • the Weston Area National Health Service Trust (Establishment) Order 1990 (S.I. 1990/2455)
  • the Northern Devon Healthcare National Health Service Trust (Establishment) Order 1991 (S.I. 1991/109)
  • the Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
  • the Children (Secure Accommodation) (No. 2) Regulations 1991 (S.I. 1991/2034)
  • the Bath Mental Health Care National Health Service Trust (Establishment) Order 1991 (S.I. 1991/2328)
  • the Mid Essex Hospital Services National Health Service Trust (Establishment) Order 1991 (S.I. 1991/2370)
  • the Royal United Hospital, Bath, National Health Service Trust (Establishment) Order 1991 (S.I. 1991/2392)
  • the South Downs Health National Health Service Trust (Establishment) Order 1991 (S.I. 1991/2401)
  • the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 466)
  • the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.I. 1992/1815)
  • the East Cheshire National Health Service Trust (Establishment) Order 1992 (S.I. 1992/2461)
  • the Whittington Hospital National Health Service Trust (Establishment) Order 1992 (S.I. 1992/2510)
  • the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992 (S.I. 1992/2559)
  • the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (S.I. 1992/2645)
  • the Residential Accommodation (Determination of District Health Authority) Regulations 1992 (S.I. 1992/3182)
  • the Mayday Healthcare National Health Service Trust (Establishment) Order 1993 (S.I. 1993/27)
  • the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 (S.I. 1993/694)
  • the Walsgrave Hospitals National Health Service Trust (Establishment) Order 1993 (S.I. 1993/811)
  • the Hinchingbrooke Health Care National Health Service Trust (Establishment) Order 1993 (S.I. 1993/823)
  • the Churchill John Radcliffe National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2544)
  • the George Eliot Hospital National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2551)
  • the Hereford Hospitals National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2552)
  • the Northampton General Hospital National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2561)
  • the Plymouth Hospitals National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2568)
  • the Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2574)
  • the North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2635)
  • the Dartford and Gravesham National Health Service Trust (Establishment) Order 1993 (S.I. 1993/2642)
  • the Pathfinder National Health Service Trust (Establishment) Order 1994 (S.I. 1994/3178)
  • the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300)
  • the National Health Service (Injury Benefits) Regulations 1995 (S.I. 1995/866)
  • the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 (S.I. 1995/2800)
  • the London Ambulance Service National Health Service Trust (Establishment) Order 1996 (S.I. 1996/90)
  • the Social Security Benefit (Computation of Earnings) Regulations 1996 (S.I. 1996/2745)
  • the Surrey and Sussex Healthcare National Health Service Trust (Establishment) Order 1998 (S.I. 1998/651)
  • the Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 (S.I. 1998/3069)
  • the North Bristol National Health Service Trust (Establishment) Order 1999 (S.I. 1999/625)
  • the Epsom and St. Helier National Health Service Trust (Establishment) Order 1999 (S.I. 1999/848)
  • the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (S.I. 1999/873)
  • the Education (Special Educational Needs) (Information) (England) Regulations 1999 (S.I. 1999/2506)
  • the University Hospitals of Leicester National Health Service Trust (Establishment) Order 1999 (S.I. 1999/2921)
  • the Maidstone and Tunbridge Wells National Health Service Trust (Establishment) Order 2000 (S.I. 2000/237)
  • the East and North Hertfordshire National Health Service Trust (Establishment) Order 2000 (S.I. 2000/535)
  • the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (S.I. 2000/617)
  • the West London Mental Health National Health Service Trust (Establishment) Order 2000 (S.I. 2000/2562)
  • the Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 2000 (S.I. 2000/2908)
  • the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 313)
  • the North and East Devon Partnership National Health Service Trust (Establishment) Order 2001 (S.I. (2001/1230)
  • the Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001 (S.I. 2001/1330)
  • the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 (S.I. 2001/1403)
  • the Mersey Care National Health Service Trust (Establishment) Order 2001 (S.I. 2001/1888)
  • the Special Educational Needs (Provision of Information by Local Authorities) (England) Regulations 2001 (S.I. 2001/2218)
  • the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (S.I. 2001/3455)
  • the Bradford District Care Trust (Establishment) and the Bradford Community Health National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/1322)
  • the Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/1341)
  • the Sandwell and West Birmingham Hospitals National Health Service Trust (Establishment) and the City Hospital National Health Service Trust and Sandwell Healthcare National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/1364)
  • the Tax Credits (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006)
  • the East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/2073)
  • the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/2419)
  • the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002 (S.I. 2003/216)
  • the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/367)
  • the School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507)
  • the Shrewsbury and Telford Hospital National Health Service Trust (Establishment) and the Princess Royal Hospital National Health Service Trust and the Royal Shrewsbury Hospitals National Health Service Trust (Dissolution) Order 2003 (S.I. 2003/2346)
  • the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382)
  • the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W.48))
  • the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031)
  • the Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392)
  • the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2720)
  • the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262)
  • the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214)
  • the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58))
  • the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59))
  • the Nottingham University Hospitals National Health Service Trust (Establishment) and the Nottingham City Hospital National Health Service Trust and the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Dissolution) Order 2006 (S.I. 2006/782)
  • the East of England Ambulance Service National Health Service Trust (Establishment) Order 2006 (S.I. 2006/1619)
  • the East Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006 (S.I. 2006/1620)
  • the North West Ambulance Service National Health Service Trust (Establishment) Order 2006 (S.I. 2006/1622)
  • the Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 2006 (S.I. 2006/1627)
  • the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 (S.I. 2006/1832)
  • the Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Order 2006 (S.I. 2006/2524)
  • the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006 (S.I. 2006/2883)
  • the Crime and Disorder (Prescribed Information) Regulations 2007 (S.I. 2007/1831)
  • the Community Drivers’ Hours and Recording Equipment Regulations 2007 (S.I. 2007/1819)
  • the Imperial College Healthcare National Health Service Trust (Establishment) and the Hammersmith Hospitals National Health Service Trust and the St Mary’s National Health Service Trust (Dissolution) Order 2007 (S.I. 2007/2755)
  • the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653)
  • the Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
  • the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (S.I. 2008/1184)
  • the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113)
  • the Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008 (S.I. 2008/2431)
  • the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (S.I. 2009/1927)
  • the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 (S.I. 2009/1563)
  • the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (S.I. 2009/2264)
  • the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309)
  • the Western Sussex Hospitals National Health Service Trust (Establishment) and the Royal West Sussex National Health Service Trust and the Worthing and Southlands Hospitals National Health Service Trust (Dissolution) Order 2009 (S.I. 2009/750)
  • the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348)
  • the Care Quality Commission (Registration) Regulations 2009 (S.I. 2009/3112)
  • the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (S.I. 2010/104)
  • the National Health Service (Quality Accounts) Regulations 2010 (S.I. 2010/279)
  • the Children’s Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010 (S.I. 2010/590)
  • the Cambridgeshire Community Services National Health Service Trust (Establishment) Order 2010 (S.I. 2010/727)
  • the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959)
  • the Birmingham Community Healthcare National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2460)
  • the Central London Community Healthcare National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2462)
  • the Eastern and Coastal Kent Community Health National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2463)
  • the Hertfordshire Community National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2464)
  • the Liverpool Community Health National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2465)
  • the Norfolk Community Health and Care National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2466)
  • the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (Establishment) Order 2010 (S.I. 2010/2485)
  • the Medical Profession (Responsible Officers) Regulations 2010 (S.I. 2010/2841)
  • the Fostering Services (England) Regulations 2011 (S.I. 2011/581)
  • the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 (S.I. 2011/582)
  • the Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011 (S.I. 2011/798)
  • the Hounslow and Richmond Community Healthcare National Health Service Trust (Establishment) Order 2011 (S.I. 2011/799)
  • the Leeds Community Healthcare National Health Service Trust (Establishment) Order 2011 (S.I. 2011/800)
  • the Lincolnshire Community Health Services National Health Service Trust (Establishment) Order 2011 (S.I. 2011/802)
  • the Solent National Health Service Trust (Establishment) Order 2011 (S.I. 2011/804)
  • the Wirral Community National Health Service Trust (Establishment) Order 2011 (S.I. 2011/805)
  • the Shropshire Community Health National Health Service Trust (Establishment) Order 2011 (S.I. 2011/1519)
  • the Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011 (S.I. 2011/1520)
  • the Staffordshire and Stoke on Trent Partnership National Health Service Trust (Establishment) Order 2011 (S.I. 2011/2007)
  • the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055)
  • the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (S.S.I. 2012/319)
  • the Neighbourhood Planning (General) Regulations 2012 (S.I. 2012/637)
  • the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767)
  • the Isle of Wight National Health Service Trust (Establishment) Order 2012 (S.I. 2012/786)
  • the Torbay and Southern Devon Health and Care National Health Service Trust (Establishment) Order 2012 (S.I. 2012/788)
  • the Barts Health NHS Trust (Establishment) and the Barts and The London NHS Trust the Newham University Hospital NHS Trust and the Whipps Cross University Hospital NHS Trust (Dissolution) Order 2012 (S.I. 2012/796)
  • the Local Authorities (Committee System) (England) Regulations 2012 (S.I. 2012/1020)
  • the Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012 (S.I. 2012/1313)
  • the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (S.I. 2012/2885)
  • the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 (S.I. 2012/2886)
  • the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996)
  • the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (S.I. 2012/3094), except regulations 12 and 47
  • the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), except regulations 19 and 34
  • the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013 (S.I. 2013/259)
  • the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/261)
  • the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349)
  • the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013 (S.I. 2013/351)
  • the Controlled Drugs (Supervision of Management and Use) Regulations 2013 (S.I. 2013/373)
  • the National Health Service (Clinical Commissioning Groups - Payments in Respect of Quality) Regulations 2013 (S.I. 2013/474)
  • the Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013 (S.I. 2013/531)
  • the National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617)
  • the National Health Service (Licensing and Pricing) Regulations 2013 (S.I. 2013/2214)
  • the National Health Service (Licence Exemptions, etc.) Regulations 2013 (S.I. 2013/2677)
  • the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Community Care) Regulations 2014 (S.I. 2014/1562)
  • the Local Audit (Auditor Resignation and Removal) Regulations 2014 (S.I. 2014/1710)
  • the Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530)
  • the London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) Order 2014 (S.I. 2014/2524)
  • the Care and Support (Provision of Health Services) Regulations 2014 (S.I. 2014/2821)
  • the Care and Support (Independent Advocacy Support) (No. 2) Regulations 2014 (S.I. 2014/2889)
  • the Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015 (S.I. 2015/18)
  • the National Health Service Pension Scheme Regulations 2015 (S.I. 2015/94)
  • the Local Audit (Appointing Person) Regulations 2015 (S.I. 2015/192)
  • the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202)
  • the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238)
  • the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (S.I. 2015/462)
  • the Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483)
  • the National Health Service (Clinical Negligence Scheme) Regulations 2015 (S.I. 2015/559)
  • the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570)
  • the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595)
  • the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596)
  • the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693)
  • the National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862)
  • the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879)
  • the Trade Union (Facility Time Publication Requirements) Regulations 2017 (S.I. 2017/328)
  • the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353)
  • the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67)
  • the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018 (S.I. 2018/756)
  • the National Health Service (Property Expenses Scheme) (England) Regulations 2018 (S.I. 2018/757)
  • the Health Service Products (Provision and Disclosure of Information) Regulations 2018 (S.I. 2018/677)
  • the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703)
  • the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (S.I. 2020/312)
  • the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (S.I. 2021/1264)
  • the School and Early Years Finance (England) Regulations 2022 (S.I. 2022/27)

Signed

Signed by authority of the Secretary of State for Health and Social Care

Edward Argar — Minister of State, — Department of Health and Social Care — 9th June 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to instruments which are consequential on, or related to, the Health and Care Act 2022 (“HCA 2022”), and related transitional provisions.

Part 2 and the Schedule make amendments which are consequential on the establishment of integrated care boards and the abolition of clinical commissioning groups (see section 19 of the HCA 2022).

Part 3 makes amendments which are consequential on the abolition of Monitor (see section 33(1) of the HCA 2022) and the transfer of its functions to NHS England.

Part 4 makes amendments which are consequential on the abolition of the NHS Trust Development Authority (see section 36(1) of the HCA 2022) and the transfer of its functions to NHS England.

Part 5 makes amendments which are consequential on the abolition of Local Education and Training Boards (see section 90(1) of the HCA 2022) and the transfer of their functions to Health Education England.

Part 6 makes amendments which are consequential on the new virginity testing and hymenoplasty offences (see Part 5 of the HCA 2022).

Part 7 makes further amendments which are consequential on the HCA 2022 and transitional provisions.

Part 8 makes amendments to the National Health Service Trusts (Membership and Procedure) Regulations 1990 (S.I. 1990/2024) which are related to the HCA 2022.

Part 9 revokes the National Health Service (Clinical Commissioning Groups) Regulations 2012 (S.I. 2012/1631) and the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350) in consequence of the abolition of clinical commissioning groups (see section 19 of the HCA 2022).

An impact assessment has been prepared in relation to the HCA 2022. A copy is available at 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.

[^f00003]: S.I. 1990/2024, relevant amending instruments are S.I. 1996/1755, 1998/646, 2000/2434, 2001/3786, 2004/696, 2008/1269, 2010/720, 2012/1641; there are other amending instruments but none is relevant.

[^f00004]: S.I. 1991/194 (N.I. 1); relevant amending instruments are the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1) the Health and Social Care Act 2012 (c. 7).

[^f00005]: 2006 c. 41.

[^f00006]: S.I. 1992/1815, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00007]: S.I. 1992/3182; relevant amending instruments are S.I. 1993/582 and 2013/235.

[^f00008]: S.I. 1993/3167, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00009]: S.I. 1995/300, amended by S.I. 2005/661, 2009/2446 and 2013/413.

[^f00010]: S.I. 1995/2801; relevant amending instruments are S.I. 2000/696, 2002/2469, 2004/696, 2012/1641 and 2013/235.

[^f00011]: S.I. 1996/207; relevant amending instruments are S.I. 1998/563 and 2013/235.

[^f00012]: S.I. 1996/1023, amended by S.I. 2000/694; there are other amending instruments but none is relevant.

[^f00013]: S.I. 1996/2745, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00014]: S.I. 1996/2890, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00015]: S.I. 1999/2506, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00016]: S.I. 2001/2218; relevant amending instruments are S.I. 2010/1172 and 2013/235.

[^f00017]: S.I. 2001/3455, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00018]: S.I. 2003/2382, amended by S.I. 2013/475; there are other amending instruments but none is relevant.

[^f00019]: S.I. 2004/478 (W. 48), amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00020]: S.I. 2004/1031, amended by S.I. 2012/1641; there are other amending instruments but none is relevant.

[^f00021]: S.I. 2005/691, relevant amending instruments are S.I. 2013/235, 2010/1172.

[^f00022]: S.I. 2005/1109, relevant amending instruments are S.I. 2013/235, 2010/1172.

[^f00023]: S.I. 2005/1313 (W. 95), amended by S.I. 2013/325; there are other amending instruments but none is relevant.

[^f00024]: S.I. 2005/1512 (W. 116), amended by S.I. 2013/325; there are other amending instruments but none is relevant.

[^f00025]: S.I. 2005/1513 (W. 117), amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00026]: S.I. 2005/2415, amended by S.I. 2012/1641; there are other amending instruments but none is relevant.

[^f00027]: S.I. 2005/3262, amended by S.I. 2013/325; there are other amending instruments but none is relevant.

[^f00028]: S.I. 2006/1832, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00029]: S.I. 2007/310 (W. 27), amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00030]: S.I. 2008/653, amended by S.I. 2013/413; there are other amending instruments but none is relevant.

[^f00031]: S.I. 2008/1184, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00032]: S.I. 2008/2439 (W. 212), amended by S.I. 2013/235.

[^f00033]: S.I. 2009/309, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00034]: S.I. 2009/779 (W. 67), relevant amending instruments are S.I. 2012/1641, 2013/325, 2015/137.

[^f00035]: S.I. 2009/1385 (W. 141), relevant amending instruments are S.I. 2012/1641, 2013/325.

[^f00036]: S.I. 2009/1511 (W. 147), amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00037]: S.I. 2009/2264, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

[^f00038]: S.I. 2010/104, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

[^f00039]: S.I. 2010/279, amended by S.I. 2012/3081; there are other amending instruments but none is relevant.

[^f00040]: S.I. 2010/288 (W. 37), relevant amending instruments are S.I. 2013/235, 2015/137.

[^f00041]: S.I. 2010/2841, relevant amending instruments are S.I. 2012/1641, 2013/391, 2019/248.

[^f00042]: S.I. 2011/581, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00043]: S.I. 2011/582, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00044]: S.I. 2011/704 (W. 108), amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00045]: S.I. 2011/2055, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

[^f00046]: S.I. 2012/767, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00047]: S.I. 2012/1313, amended by S.I. 2013/218; there are other amending instruments but none is relevant.

[^f00048]: S.I. 2012/1916, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

[^f00049]: S.I. 2012/2996, relevant amending instruments are S.I. 2013/218, 2013/2891, 2014/3215, 2015/643.

[^f00050]: 2006 c. 41.

[^f00051]: A copy of the National framework for NHS continuing healthcare and NHS-funded nursing care (published on 28th November 2012 and last updated on 30th May 2022) may be obtained by writing to Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU, United Kingdom or be seen at https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care.

[^f00052]: S.I. 2013/218, to which there are amendments not relevant to these Regulations.

[^f00053]: S.I. 2013/259, to which there are amendments not relevant to these Regulations.

[^f00054]: S.I. 2013/261, to which there are amendments not relevant to these Regulations.

[^f00055]: S.I. 2013/349, to which there are amendments not relevant to these Regulations.

[^f00056]: S.I. 2013/351, to which there are amendments not relevant to these Regulations.

[^f00057]: S.I. 2013/373, to which there are amendments not relevant to these Regulations.

[^f00058]: S.I. 2013/378, amended by S.I. 2015/643; there are other amending instruments but none is relevant.

[^f00059]: S.I. 2013/379, amended by S.I. 2015/643; there are other amending instruments but none is relevant.

[^f00060]: S.I. 2013/474, amended by S.I. 2018/378; there are other amending instruments but none is relevant.

[^f00061]: S.I. 2013/1617, to which there are amendments not relevant to these Regulations.

[^f00062]: S.I. 2013/2214, to which there are amendments not relevant to these Regulations.

[^f00063]: S.I. 2013/2677, amended by S.I. 2019/248; there are other amending instruments but none is relevant.

[^f00064]: S.I. 2013/3029 (W. 301), amended by S.I. 2016/50; there are other amending instruments but none is relevant.

[^f00065]: S.I. 2013/3035 (W. 303), amended by S.I. 2016/50; there are other amending instruments but none is relevant.

[^f00066]: S.I. 2014/1710.

[^f00067]: S.I. 2015/18.

[^f00068]: S.I. 2015/94, amended by S.I. 2015/581; there are other amending instruments but none is relevant.

[^f00069]: S.I. 2015/192, to which there are amendments not relevant to these Regulations.

[^f00070]: S.S.I. 2015/202, to which there are amendments not relevant to these Regulations.

[^f00071]: S.I. 2015/462, to which there are amendments not relevant to these Regulations.

[^f00072]: S.I. 2015/541, to which there are amendments not relevant to these Regulations.

[^f00073]: S.I. 2015/559.

[^f00074]: S.I. 2015/570, amended by S.I. 2019/248; there are other amending instruments but none is relevant.

[^f00075]: S.I. 2015/1818 (W. 261), to which there are amendments not relevant to these Regulations.

[^f00076]: S.I. 2015/1862, amended by S.I. 2021/331; there are other amending instruments but none is relevant.

[^f00077]: S.I. 2015/1879, to which there are amendments not relevant to these Regulations.

[^f00078]: S.I. 2015/1919 (W. 285).

[^f00079]: S.I. 2017/47 (W. 21).

[^f00080]: S.S.I. 2018/67, to which there are amendments not relevant to these Regulations.

[^f00081]: S.I. 2018/191 (W. 42).

[^f00082]: S.I. 2018/893.

[^f00083]: S.I. 2019/762 (W. 145).

[^f00084]: S.S.I. 2020/321, to which there are amendments not relevant to these Regulations.

[^f00085]: S.I. 1990/2024, relevant amending instruments are S.I. 1996/1755, 1998/646, 2000/2434, 2001/3786, 2004/696, 2008/1269, 2010/720, 2012/1641; there are other amending instruments but none is relevant.

[^f00086]: S.I. 1995/2801, amended by S.I. 2004/696, 2006/552, 2012/1641, 2013/235, 2015/137, 2015/1683.

[^f00087]: S.I. 2005/2415, amended by S.I. 2012/1641; there are other amending instruments but none is relevant.

[^f00088]: S.I. 2005/2531, amended by S.I. 2012/1641; there are other amending instruments but none is relevant.

[^f00089]: S.I. 2007/3544, amended by S.I. 2014/860; there are other amending instruments but none is relevant.

[^f00090]: S.I. 2009/462, amended by S.I. 2012/1641.

[^f00091]: S.I. 2009/1385, relevant amending instruments are S.I. 2012/1641, 2013/325.

[^f00092]: S.I. 2010/2841, relevant amending instruments are S.I. 2012/1641, 2013/391, 2019/248.

[^f00093]: S.I. 2012/2996, relevant amending instruments are S.I. 2013/218, 2013/2891, 2014/3215, 2015/643.

[^f00094]: S.I. 2012/3094.

[^f00095]: S.I. 2013/2214, to which there are amendments not relevant to these Regulation.

[^f00096]: S.I. 2013/2677, amended by S.I. 2019/248; there are other amending instruments but none is relevant.

[^f00097]: S.I. 2013/2960.

[^f00098]: S.I. 2014/416, to which there are amendments not relevant to these Regulations.

[^f00099]: S.I. 2014/536.

[^f00100]: S.I. 2014/2418, amended by S.I. 2015/1981; there are other amending instruments but none is relevant.

[^f00101]: 2006 c. 41.

[^f00102]: S.I. 2015/94, amended by S.I. 2015/581; there are other amending instruments but none is relevant.

[^f00103]: S.I. 2015/238, to which there are amendments not relevant to these Regulations.

[^f00104]: S.I. 2015/1479.

[^f00105]: S.I. 2017/328.

[^f00106]: S.I. 2017/353, to which there are amendments not relevant to these Regulations.

[^f00107]: S.I. 2012/3072.

[^f00108]: S.I. 2014/2418.

[^f00109]: S.I. 2014/2936, to which there are amendments not relevant to these Regulations.

[^f00110]: S.I. 2017/353, to which there are amendments not relevant to these Regulations.

[^f00111]: S.I. 2010/2841, amended by S.I. 2013/391; there are other amending instruments but none is relevant.

[^f00112]: S.I. 2012/2996, relevant amending instruments are S.I. 2014/3215, 2016/293.

[^f00113]: 2014 c. 23.

[^f00114]: S.I. 2014/2418, amended by S.I. 2015/1981; there are other amending instruments but none is relevant.

[^f00115]: S.I. 2014/3215.

[^f00116]: S.I. 2005/389, amended by S.I. 2013/985; there are other amending instruments but none is relevant.

[^f00117]: 2022 c. 31.

[^f00118]: S.I. 2005/1313 (W. 95), amended by S.I. 2020/163 (W. 31); there are other amending instruments but none is relevant.

[^f00119]: S.I. 2011/581, amended by S.I. 2013/984; there are other amending instruments but none is relevant.

[^f00120]: S.I. 2018/1333 (W. 133), to which there are amendments not relevant to these Regulations.

[^f00121]: S.I. 1990/2435, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00122]: S.I. 1990/2455, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00123]: S.I. 1991/109, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00124]: S.I. 1991/2328, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00125]: S.I. 1991/2370, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00126]: S.I. 1991/2392, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00127]: S.I. 1991/2401, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00128]: S.I. 1992/2461, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00129]: S.I. 1992/2510, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00130]: S.I. 1992/2559, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00131]: S.I. 1993/27, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00132]: S.I. 1993/694, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00133]: S.I. 1993/811, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00134]: S.I. 1993/823, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00135]: S.I. 1993/2544, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00136]: S.I. 1993/2551, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00137]: S.I. 1993/2552, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00138]: S.I. 1993/2561, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00139]: S.I. 1993/2568, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00140]: S.I. 1993/2574, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00141]: S.I. 1993/2635, amended by S.I. 2013/593.

[^f00142]: S.I. 1993/2642, amended by S.I. 2013/2375.

[^f00143]: S.I. 1994/3178, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00144]: S.I. 1996/90, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00145]: S.I. 1998/651, amended by S.I. 2013/593.

[^f00146]: S.I. 1998/3069, amended by S.I. 2013/593.

[^f00147]: S.I. 1999/625.

[^f00148]: S.I. 1999/848, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00149]: S.I. 1999/2921, amended by S.I. 2013/593.

[^f00150]: S.I. 2000/237, amended by S.I. 2013/593.

[^f00151]: S.I. 2000/535, amended by S.I. 2013/593.

[^f00152]: S.I. 2000/2562, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00153]: S.I. 2000/2908, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00154]: S.I. 2001/1230, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00155]: S.I. 2001/1330, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00156]: S.I. 2001/1888, amended by S.I. 2013/593.

[^f00157]: S.I. 2002/1322, amended by S.I. 2013/593.

[^f00158]: S.I. 2002/1341, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00159]: S.I. 2002/1364, amended by S.I. 2013/593.

[^f00160]: S.I. 2002/2073, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00161]: S.I. 2002/2419, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00162]: S.I. 2003/216, amended by S.I. 2013/593; there are other amending instruments but none is relevant.

[^f00163]: S.I. 2003/2346, amended by S.I. 2013/593.

[^f00164]: S.I. 2006/782, amended by S.I. 2013/593.

[^f00165]: S.I. 2006/1619, amended by S.I. 2013/593.

[^f00166]: S.I. 2006/1620, amended by S.I. 2013/593.

[^f00167]: S.I. 2006/1622, amended by S.I. 2013/593.

[^f00168]: S.I. 2006/1627, amended by S.I. 2013/593.

[^f00169]: S.I. 2006/2524, amended by S.I. 2014/360.

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