National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

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Regulation 14(2)(a) was repealed by National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016: see that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

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2012🔍

Number: 2996

Subject: Miscellaneous legislation🔍

What links here:

• National Health Service Act 2006
• National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016
• Which authority pays for aftercare
• Landmark Chambers, 'Delayed Transfer of Care leads to £100k legal bill for an ICB' (24/11/22)
• National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022