The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023

Made: 5th October 2023

Laid before Parliament: 9th October 2023

Coming into force: 6th November 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 182 and 183(1) of the Health and Care Act 2022[^f00001].

PART 1 — Introductory

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 and come into force on 6th November 2023.

• (2) Any amendment or revocation made by the provisions in Parts 2 and 3 has the same extent as the provision amended or revoked.

PART 2 — Provisions relating to the National Health Service Commissioning Board being renamed NHS England

Amendment of the Income Support (General) Regulations 1987

2

• (1) The Income Support (General) Regulations 1987[^f00002] are amended as follows.

• (2) In Schedule 9, in paragraph 27(db) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the National Health Service Pension Scheme Regulations 1995

3

• (1) The National Health Service Pension Scheme Regulations 1995[^f00003] are amended as follows.

• (2) In regulation A2, in the definition of “type 2 dental practitioner”, in paragraph (b) in the words before sub-paragraph (i)—

• (a) for “the National Health Service Commissioning Board or” substitute “NHS England or the”;

• (b) for “the Board” substitute “NHS England or the Local Health Board”.

• (3) In regulation A3, in paragraph (1)(b)(vii)(bb) for “Board” substitute “NHS England or that Local Health Board”.

• (4) In Schedule 2, in paragraph 2—

• (a) in sub-paragraph (1) for “the relevant Board” substitute “the relevant Local Health Board or NHS England, as appropriate,”;

• (b) in sub-paragraph (1A) for “the Board that” substitute “whichever of NHS England or the relevant Local Health Board”.

Amendment of the Jobseeker’s Allowance Regulations 1996

4

• (1) The Jobseeker’s Allowance Regulations 1996[^f00004] are amended as follows.

• (2) In Schedule 7, in paragraph 28(db) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000

5

• (1) The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000[^f00005] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the 2006 Act;

Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002

6

• (1) The Tax Credits (Definition and Calculation of Income) Regulations 2002[^f00006] are amended as follows.

• (2) In regulation 19, in Table 8, in item 3, in column 1, in paragraph (db) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

7

• (1) The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004[^f00007] are amended as follows.

• (2) In regulation 2, in the definition of “equivalent body” for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

8

• (1) The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004[^f00008] are amended as follows.

• (2) In regulation 2, in the definition of “medical card” for “the National Health Service Commissioning Board” substitute “NHS England”.

• (3) In Schedule 5—

• (a) in paragraph 22(1)(b) for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in paragraph 89(2) in the definition of “NHS body” for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004

9

• (1) The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004[^f00009] are amended as follows.

• (2) In regulation 2, in the definition of “equivalent body” for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Community Health Partnerships (Scotland) Regulations 2004

10

• (1) The Community Health Partnerships (Scotland) Regulations 2004[^f00010] are amended as follows.

• (2) In regulation 7(2)(g)(ia), for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Adoption Agencies (Wales) Regulations 2005 (English language text)

11

• (1) The English language text of the Adoption Agencies (Wales) Regulations 2005[^f00011] is amended as follows.

• (2) In regulation 36, in paragraph (4)(ba) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Adoption Agencies (Wales) Regulations 2005 (Welsh language text)

12

• (1) The Welsh language text of the Adoption Agencies (Wales) Regulations 2005 (Rheoliadau Asiantaethau Mabwysiadu (Cymru) 2005) is amended as follows.

• (2) In regulation 36, in paragraph (4)(ba) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Amendment of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (English language text)

13

• (1) The English language text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005[^f00012] is amended as follows.

• (2) In regulation 5, in paragraph (1)(db) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (3) In regulation 8, in paragraph (4)(a) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (4) In regulation 10, in paragraph (3)(b)(i) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (5) In regulation 13, in paragraph (2)—

• (a) for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) for “National Health Service Commissioning Board”, in the second place it occurs, substitute “NHS England”.

Amendment of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (Welsh language text)

14

• (1) The Welsh language text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (Rheoliadau Gwasanaethau Cymorth Mabwysiadu (Awdurdodau Lleol) (Cymru) 2005) is amended as follows.

• (2) In regulation 5, in paragraph (1)(chb) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (3) In regulation 8, in paragraph (4)(a) for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (4) In regulation 10, in paragraph (3)(b)(i) for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (5) In regulation 13, in paragraph (2) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol”, in each place it occurs, substitute “GIG Lloegr”.

Amendment of the Special Guardianship (Wales) Regulations 2005 (English language text)

15

• (1) The English language text of the Special Guardianship (Wales) Regulations 2005[^f00013] is amended as follows.

• (2) In regulation 3, in paragraph (3)(b) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (3) In regulation 6, in paragraph (1)(c) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (4) In regulation 11, in paragraph (3) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Special Guardianship (Wales) Regulations 2005 (Welsh language text)

16

• (1) The Welsh language text of the Special Guardianship (Wales) Regulations 2005 (Rheoliadau Gwarcheidiaeth Arbennig (Cymru) 2005) is amended as follows.

• (2) In regulation 3, in paragraph (3)(b) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (3) In regulation 6, in paragraph (1)(c) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (4) In regulation 11, in paragraph (3) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005

17

• (1) The National Health Service (General Dental Services Contracts) Regulations 2005[^f00014] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the 2006 Act;

Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005

18

• (1) The National Health Service (Personal Dental Services Agreements) Regulations 2005[^f00015] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the 2006 Act;

Amendment of the National Health Service (Dental Charges) Regulations 2005

19

• (1) The National Health Service (Dental Charges) Regulations 2005[^f00016] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the 2006 Act;

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

20

• (1) The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006[^f00017] are amended as follows.

• (2) In regulation 2(1), in paragraph (a) of the definition of “equivalent body”, for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Housing Benefit Regulations 2006

21

• (1) The Housing Benefit Regulations 2006[^f00018] are amended as follows.

• (2) In Schedule 5, in paragraph 27(db) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

22

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[^f00019] are amended as follows.

• (2) In regulation 38, in paragraph (2)(d)(ivb) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (English language text)

23

• (1) The English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007[^f00020] is amended as follows.

• (2) In regulation 11, in paragraph (3)(b) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (Welsh language text)

24

• (1) The Welsh language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007) is amended as follows.

• (2) In regulation 11, in paragraph (3)(b) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Amendment of the Placement of Children (Wales) Regulations 2007 (English language text)

25

• (1) The English language text of the Placement of Children (Wales) Regulations 2007[^f00021] is amended as follows.

• (2) In regulation 6, in paragraph (1)(ba) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Placement of Children (Wales) Regulations 2007 (Welsh language text)

26

• (1) The Welsh language text of the Placement of Children (Wales) Regulations 2007 (Rheoliadau Lleoli Plant (Cymru) 2007) is amended as follows.

• (2) In regulation 6, in paragraph (1)(ba) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Amendment of the National Health Service Pension Scheme Regulations 2008

27

• (1) The National Health Service Pension Scheme Regulations 2008[^f00022] are amended as follows.

• (2) In regulation 2.A.1, in sub-paragraph (2) in the definition of “host Board”—

• (a) in paragraph (b) for “the appropriate Board” substitute “the Local Health Board or NHS England, as appropriate”;

• (b) in paragraph (b)(ii) for “the NHS Commissioning Board” substitute “NHS England”.

• (3) In regulation 2.A.15, in paragraph (1)(b)(vii)(bb) for “Board” substitute “NHS England, or that Local Health Board”.

• (4) In regulation 3.A.1—

• (a) in sub-paragraph (1), in the definition of “type 2 dental practitioner”—

• (i) in paragraph (b) for “the National Health Service Commissioning Board or” substitute “NHS England or the”;

• (ii) in paragraph (b) for “the Board” substitute “NHS England or the Local Health Board”;

• (b) in sub-paragraph (2), in the definition of “host Board”—

• (i) in paragraph (b) for “the appropriate Board” substitute “the Local Health Board or NHS England, as appropriate”;

• (ii) in paragraph (b)(ii) for “the NHS Commissioning Board” substitute “NHS England”;

• (iii) in paragraph (c) for “the appropriate Board” substitute “the Local Health Board or NHS England, as appropriate”.

• (5) In regulation 3.A.16, in paragraph (1)(b)(vii)(bb) for “Board” substitute “NHS England or that Local Health Board”.

Amendment of the Employment and Support Allowance Regulations 2008

28

• (1) The Employment and Support Allowance Regulations 2008[^f00023] are amended as follows.

• (2) In Schedule 8, paragraph 29(db) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the General Ophthalmic Services Contracts Regulations 2008

29

• (1) The General Ophthalmic Services Contracts Regulations 2008[^f00024] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the Act;

• (3) In Schedule 1, in the title of paragraph 14 for “Board” substitute “NHS England”.

Amendment of the Primary Ophthalmic Services Regulations 2008

30

• (1) The Primary Ophthalmic Services Regulations 2008[^f00025] are amended as follows.

• (2) In regulation 2, in paragraph (1)—

• (a) omit the definition of “the Board”;

• (b) at the appropriate place insert—

• “NHS England” means the body corporate established under section 1H of the Act;

Amendment of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 (English language text)

31

• (1) The English language text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008[^f00026] is amended as follows.

• (2) In regulation 23, in paragraph (6)(b) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (3) In regulation 25, in paragraph (5) for “the National Health Service Commissioning Board” substitute “NHS England”.

• (4) In regulation 26, in paragraph (6)(b) for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 (Welsh language text)

32

• (1) The Welsh language text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 (Rheoliadau Iechyd Meddwl (Ysbyty, Gwarcheidiaeth, Triniaeth Gymunedol a Chydsynio i Driniaeth) (Cymru) 2008) is amended as follows

• (2) In regulation 23, in paragraph (6)(b) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (3) In regulation 25, in paragraph (5) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

• (4) In regulation 26, in paragraph (6) for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

33

• (1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009[^f00027] are amended as follows.

• (2) In regulation 2, in paragraph (1), in the definition of “equivalent body” in sub-paragraph (a), for “the National Health Service Commissioning Board” substitute “NHS England”.

Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

34

• (1) The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009[^f00028] are amended as follows.

• (2) In regulation 7—