National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016
These regulations amend National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 by repealing regulation 14(2)(a) of those Regulations (which gave s117 after-care responsibility to 'CCG B' instead of the usual 'CCG A' for "(a) patients provided with primary medical services by a member of CCG B; or (b) patients who usually reside in the CCG B's area and are not provided with primary medical services by a member of any clinical commissioning group"). In force 1/4/16. A transitional provision states that where, immediately before the amendment came into force a 'CCG B' had s117 after-care responsibility under regulation 14(2)(a), responsibility will remain with that CCG "(a) for as long as that person needs after-care; or (b) until that person is detained under a provision referred to in section 117(1) of the 1983 Act". Regulation 14(2)(b), which sets out other circumstances in which responsibility is transferred to 'CCG B', has not been repealed. The amendments made in April 2016 to paragraphs 33 and 34 of the August 2013 ‘Who Pays?’ document (noted on the After-care page) should be read subject to the Regulations themselves.
Extract from Explanatory NoteRegulation 2 omits paragraph (2)(a) of regulation 14 of the principal Regulations. This means that the duty on a CCG ('CCG A') to provide a person with after-care services under section 117(2) of the 1983 Act will no longer be imposed on another CCG ('CCG B') in cases where CCG B has responsibility for that person by virtue of section 3(1A) of the National Health Service Act 2006. Regulation 5 makes transitional provisions which ensure that where CCG B has responsibility for providing a person with after-care services under regulation 14(1) and (2)(a) of the principal Regulations immediately before these Regulations come into force, responsibility continues to lie with CCG B until that person no longer requires after-care services or that person is detained under the provisions referred to in section 117(1) of the 1983 Act.