The Health and Care Act 2022 (Commencement No. 10 and Transitional and Saving Provision) Regulations 2025

Made: 7th July 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by section 186(6), (7), (9) and (11) of the Health and Care Act 2022[^f00001].

Citation, extent and interpretation

1

• (1) These Regulations may be cited as the Health and Care Act 2022 (Commencement No. 10 and Transitional and Saving Provision) Regulations 2025.

• (2) These Regulations extend to England and Wales.

• (3) In these Regulations—

• “the 2012 Act” means the Health and Social Care Act 2012[^f00002];

• “the 2022 Act” means the Health and Care Act 2022.

Commencement of section 95 of the 2022 Act

2

Subject to regulation 3, section 95 of the 2022 Act (information standards) comes into force on 7th July 2025.

Transitional and saving provision

3

• (1) This regulation applies to any information standard prepared and published under section 250[^f00003] of the 2012 Act which has effect immediately before 7th July 2025.

• (2) For the purposes of an information standard to which this regulation applies, the 2012 Act has effect as if the amendments made by section 95 of the 2022 Act had not been brought into force.

Signed

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

Karin Smyth — Minister of State — 7th July 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations bring into force section 95 (information standards) of the Health and Care Act 2022 (c. 31) (“the 2022 Act”) on 7th July 2025 (regulation 2). The Regulations are the 10th set of commencement regulations to be made under the 2022 Act. These Regulations also make transitional and saving provision in connection with the coming into force of section 95 of the 2022 Act.

Section 95 of the 2022 Act makes certain amendments to the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”). This includes an amendment to section 250 of the 2012 Act to make information standards prepared and published under that section applicable to any person who is carrying out a regulated activity as defined in Chapter 2 of Part 1 of the Health and Social Care Act 2008 (c. 14), as well as to require persons to whom information standards apply to comply with them.

Section 95 of the 2022 Act also substitutes section 251 of the 2012 Act to require the Secretary of State to make regulations about the procedure to be followed in connection with the preparation and publication of information standards. Section 95 of the 2022 Act also introduces a new section 251ZA into the 2012 Act to enable the Secretary of State to require persons to provide information to enable the Secretary of State to monitor compliance with information standards.

Regulation 3 makes transitional and saving provision to ensure that, for the purposes of any information standard published under section 250 of the 2012 Act and in effect before 7th July 2025 the 2012 Act continues to have effect as if it had not been amended by section 95 of the 2022 Act. This includes the continued application of section 250(6) of the 2012 Act which requires certain persons to have regard to information standards.

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]: 2012 c. 7.

[^f00003]: Section 250 was amended by paragraphs 171 and 172 of Schedule 19 to the Data Protection Act 2018 (c. 12), and section 95 of, and paragraphs 1, 15 and 19 of Schedule 1 and paragraphs 17 and 22 of Schedule 9 to, the Health and Care Act 2022.