National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012: Difference between revisions

Revision as of 21:07, 5 September 2016

These regulations, among other things, set out the situations in which the duty on a CCG imposed by s117 ('CCG A') can be imposed on a different CCG ('CCG B'). Part 4, which relates to mental health after-care services, came into force on 1/2/13. Amended by National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 with effect from 1/4/16.

Situations

The duty imposed by s117 on 'CCG A' is instead imposed on 'CCG B' in the circumstances below:

1. ~~Regulation 14(2)(a) ("where CCG B has responsibility for P by virtue of section 3(1A) National Health Service Act 2006") which covers:~~

~~(a) Patients provided with primary medical services by a member of CCG B;~~

~~(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.~~

Regulation 14(2)(a) was repealed by National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016: see that page for further details.

2. Regulation 14(2)(b) ("where CCG B has responsibility for P by virtue of regulation 4 of, and sub-paragraph (c), (g), (h), (i) or (j) of paragraph 2 of Schedule 1 to these Regulations") which covers:

(a) Children coming within paragraphs 4 or 8 of Schedule 1.

(b) People present in the CCG's area who are resident outside the United Kingdom and not provided with primary medical services by a member of any CCG.

(c) People resident in Scotland, Wales or Northern Ireland and present in the CCG's area who are qualifying patients under s130C MHA 1983 and are not provided with primary medical services by a member of any CCG.

(d) Qualifying patients within the meaning of s130C MHA 1983 who are liable to be detained under that Act in a hospital or registered establishment in the CCG's area

External link

Legislation.gov.uk

If the link above does not work (sometimes a problem with the Legislaton.gov.uk website) then try this or this

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-These regulations, among other things, set out the situations in which the duty on a CCG imposed by [[s117]] can be imposed on a different CCG. The main consideration is where the patient is provided with primary medical services. Various in-force dates (Part 4 relates to mental health after-care services and is in force on 1/2/13). Amended by [[National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016]] with effect from 1/4/16.
+These regulations, among other things, set out the situations in which the duty on a CCG imposed by [[s117]] ('CCG A') can be imposed on a different CCG ('CCG B'). Part 4, which relates to mental health [[after-care]] services, came into force on 1/2/13. Amended by [[National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016]] with effect from 1/4/16.
 ==Situations==
-CCG B is responsible instead of CCG A for patients under the following provisions:
+The duty imposed by s117 on 'CCG A' is instead imposed on 'CCG B' in the circumstances below:
+. <strike>Regulation 14(2)(a) ("where CCG B has responsibility for P by virtue of section 3(1A) [[National Health Service Act 2006]]") which covers:
-. <strike>Regulation 14(2)(a) (see s3(1A) [[National Health Service Act 2006]]):
 :(a) Patients provided with primary medical services by a member of CCG B;
 :(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. </strike>
-::Regulation 14(2)(a) was repealed by [[National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016]] with effect from 1/4/16, with the transitional provision that where, immediately before the amendment came into force a CCG had s117 after-care responsiblity under regulation 14(1) and (2)(a), responsibility will remain with that CCG until "(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)(a) was repealed by [[National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016]]: see that page for further details.
-::The amending SI's Explanatory Note explains it as follows: "Regulation 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."
+. Regulation 14(2)(b) ("where CCG B has responsibility for P by virtue of regulation 4 of, and sub-paragraph (c), (g), (h), (i) or (j) of paragraph 2 of Schedule 1 to these Regulations") which covers:
-. Regulation 14(2)(b):
 :(a) Children coming within paragraphs 4 or 8 of Schedule 1.
 :(b) People present in the CCG's area who are resident outside the United Kingdom and not provided with primary medical services by a member of any CCG.