The Health and Care Act 2022 (Commencement No. 6 and Saving Provision) Regulations 2023

Made: 18th July 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 186(6), (9) and (11) of the Health and Care Act 2022[^f00001].

Citation

1

These Regulations may be cited as the Health and Care Act 2022 (Commencement No. 6 and Saving Provision) Regulations 2023.

Commencement of section 162 of the Health and Care Act 2022

2

Section 162 of the Health and Care Act 2022 comes into force on 18th August 2023.

Saving provision: planned healthcare applications in relation to Northern Ireland

3

• (1) Notwithstanding the amendments made to the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019[^f00002] (“the 2019 Act”) by section 162 of the Health and Care Act 2022, the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019[^f00003] (“the 2019 Regulations”) continue to have effect insofar as they relate to the determination of planned healthcare applications in relation to Northern Ireland.

• (2) For the purposes of the 2019 Regulations as they continue to have effect in accordance with paragraph (1), any term used in both the 2019 Regulations and the 2019 Act as it had effect immediately before 18th August 2023 continues to have the same meaning as it had for the purposes of the 2019 Act immediately before 18th August 2023.

Signed

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

Will Quince — Minister of State, — Department of Health and Social Care — 18th July 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force section 162 of the Health and Care Act 2022 (c. 31) (“the 2022 Act”) on 18th August 2023 (regulation 2). They are the sixth commencement regulations to be made under the Act. These Regulations also make saving provision in connection with the coming into force of section 162.

Section 162 provides that the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 (“the 2019 Act”) is renamed the Healthcare (International Arrangements) Act 2019, and makes certain amendments to that Act to enable the Government and the Devolved Authorities to implement reciprocal healthcare agreements with countries outside the EEA and Switzerland.

Regulation 3 saves the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 (S.I. 2019/1293) insofar as they relate to the determination of applications for planned healthcare made in relation to Northern Ireland. Those Regulations were made under provisions of the 2019 Act substituted by section 162 of the 2022 Act.

A full impact assessment has been prepared in relation to the 2022 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]: 2019 c. 14 (“the 2019 Act”); in particular, section 162 renamed the 2019 Act and substituted section 2 under which the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 (S.I. 2019/1293) were made.

[^f00003]: S.I. 2019/1293;see regulation 6 as to the determination of planned healthcare applications.