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In force since 2023-09-29, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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2023 No. 945 National Health Service, England The National Health Service (Disapplication of NHS England’s Powers of Direction) (England) Regulations 2023 Made 30th August 2023 Laid before Parliament 1st September 2023 Coming into force 29th September 2023 The Secretary of State makes these Regulations in exercise of the power conferred by sections 13YB(3)(a) and 272(8) of the National Health Service Act 2006.
Propose a change(1) These Regulations may be cited as the National Health Service (Disapplication of NHS England’s Powers of Direction) (England) Regulations 2023. (2) These Regulations come into force on 29th September 2023. (3) These Regulations extend to England and Wales.
Propose a changeIn these Regulations— “the 2006 Act” means the National Health Service Act 2006; “the Standing Rules” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012.
Propose a changeThe power in section 13YB(1) of the 2006 Act does not apply in relation to the functions of NHS England— (a) arising under or by virtue of sections 3B(1)(b) and (c) of the 2006 Act insofar as they relate to— (i) deciding whether a person has a primary health need in accordance with paragraph (5)(b) of regulation 21 of the Standing Rules (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare); (ii) determining whether a person has a need for nursing care in accordance with regulation 28 of the Standing Rules (persons who enter relevant premises or who develop a need for nursing care) but the power continues to apply in relation to an assessment of the need for nursing care under paragraph (1) of that regulation; and (b) arising under regulation 23 of the Standing Rules (the Board’s duty: reviewing decisions) insofar as they are exercisable in connection with the functions of NHS England arising under or by virtue of sections 3B(1)(b) and (c) of the 2006 Act.
Propose a change