The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

• Citation: S.I. 2013/261
• Sections: 49

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013, and come into force on 1st April 2013.

(2) In these Regulations—

“ the 2006 Act ” means the National Health Service Act 2006;

“ the 2012 Act ” means the Health and Social Care Act 2012;

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“ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the 2006 Act.

“ NHS England ” means the body corporate established under section 1H of the 2006 Act.

Section 2 Interpretation of Part 2

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Section 3 Exercise of functions

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Section 4 Procedure for applications

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Section 5 Time for determination of an application

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Section 6 Form and content of determination

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Section 7 CCGs

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Section 8 Applications made before 1st April 2013

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Section 9 Relevant bodies

The relevant bodies for the purposes of section 269(2) and (4) of the 2006 Act (special notices of births and deaths), are—

(a) NHS England ;

(b) a local authority whose area includes the whole or part of the registrar's sub-district; and

(c) an integrated care board whose area coincides with or includes the whole or part of the registrar's sub-district.

Section 10 Manner and time for furnishing particulars

(1) The registrar must furnish the particulars of each birth and death entered in a register of births or deaths kept by the registrar for that sub-district, to each of the relevant bodies specified in regulation 9, by no later than 14 days from the date on which they are entered in that register.

(2) Particulars furnished under paragraph (1) must be provided in writing.

Section 11 Person to whom particulars of birth or death are to be given

Particulars furnished under regulation 10 must be given, in the case of—

(a) NHS England , to a person nominated for these purposes by the chief executive of NHS England ;

(b) a local authority, to the director of public health for the authority ;

(c) an integrated care board, to a person nominated for these purposes by the chief executive of the integrated care board.

Section 12 Revocation

The National Health Service (Notification of Births and Deaths) Regulations 1982 are revoked in relation to England.

Section 13 Functions of an integrated care board exercisable jointly with a Local Health Board

The functions of an integrated care board exercisable under the provisions listed in the Schedule may, subject to such restrictions and conditions as the integrated care board considers appropriate, be exercised jointly with a Local Health Board.

Section 14 Joint committees of an integrated care board and a Local Health Board

Any of the functions of an integrated care board that may be exercisable by an integrated care board jointly with a Local Health Board under regulation 13 may be exercised by a joint committee of the integrated care board and the Local Health Board.

Section 15 Prescribed public authorities

For the purposes of the seventh and sixteenth entries in column 2 of the Table in Schedule 23 to the 2012 Act (staff transfer schemes - permitted transferees), the prescribed public authorities exercising functions in relation to health are—

(a) a National Health Service trust established under section 25 of the 2006 Act ( NHS Trusts); and

(b) an NHS foundation trust established under section 30 of the 2006 Act (NHS foundation trusts).

Section 16 Amendment of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

(1) The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “commissioning body” substitute—

“ commissioning body ” means a local social services authority whose area is in England;

(b) for the definition of “section 130A functions” substitute—

“ section 130A functions ” means the functions under section 130A of the Act of a local social services authority whose area is in England.

(3) For regulation 3 (directions in respect of section 130A functions), substitute—

Circumstances in which a person may be appointed to be an Independent Mental Health Advocate

(3)

(1) A commissioning body, in exercising section 130A functions, may enter into arrangements to appoint an individual to act as an IMHA only if the commissioning body is satisfied that the conditions set out in regulation 6 are satisfied.

(2) A commissioning body, in exercising section 130A functions, may enter into arrangements with a provider of advocacy services only if such arrangements include a term that the provider is satisfied that the conditions set out in regulation 6 are satisfied in respect of an individual made available by the provider to act as an IMHA.

(3) A commissioning body may only enter into the arrangements described in paragraphs (1) or (2) above where it has had due regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients.

(4) Omit regulation 4 (amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 ).

(5) Omit regulation 5 (amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 ).

Section 17 Prescribed integrated care board for the purposes of section 236 of the 2006 Act

The integrated care board prescribed for the purposes of section 236 of the 2006 Act (payments for certain medical examinations), for the purpose of paying a medical practitioner who carries out a medical examination of any person with a view to an application for admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983, is as follows—

(a) where the person examined is usually resident in the area of an integrated care board , the integrated care board for that area;

(b) where sub-paragraph (a) does not apply, the integrated care board for the area in which the person was examined.

Section 18 Interpretation of Part 7

In this Part—

“ the Principal Regulations ” means NHS England and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 .

Section 19 Amendment of regulation 5 of the Principal Regulations

In regulation 5 of the Principal Regulations (interpretation of Part 3)—

(a) after the definition of “emergency services”, insert the following definition—

“ mandatory dental services ” means dental services which are equivalent in nature to services which must be provided under a general dental services contract by virtue of provision in regulation 14 of the National Health Services (General Dental Services Contracts) Regulations 2005 (mandatory services);

(b) after the definition of “secondary care services”, insert the following definition—

“ sedation services ” means a course of treatment provided to a patient in connection with the provision to that patient of mandatory dental services during which the provider of that treatment administers one or more drugs to the patient which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—

the drugs and techniques used to provide the sedation are deployed by the provider of the treatment in a manner that ensures loss of consciousness is rendered unlikely; and

verbal contact with the patient is maintained in so far as is reasonably possible;

Section 20 Amendment of regulation 10 of the Principal Regulations

In regulation 10 of the Principal Regulations (services for prisoners and other detainees)—

(a) in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph—

(a) community services (including mandatory dental services and sedation services);

(b) in paragraph (2)(e), delete the words “(except Ashfield Young Offender Institution)”.

Section 21 Amendment of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

In regulation 14 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (responsibilities of directors of public health), after paragraph (b) insert—

(c) any of the authority's functions arising from its duty to provide, or arrange the provision of, healthy start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005.

Section 1

Section 2 (general power) ;

Section 2

Section 3 (duties of integrated care boards as to commissioning certain health services) ;

Section 3

Section 3A (power of integrated care boards to commission certain health services) ;

Section 4

Section 7A (exercise of Secretary of State's public health functions) ;

Section 5

Section12ZA (commissioning arrangements by NHS England or integrated care boards ) ;

Section 6

Section 14Z38 (duty to obtain appropriate advice);

Section 7

Section 14Z45 (public involvement and consultation by integrated care boards );

Section 8

Section 80 (supply of goods and services by Secretary of State, NHS England and integrated care boards ) ;

Section 9

Section 98A (exercise of functions) ;

Section 10

Section 125B (NHS England’s power to direct integrated care boards);

Section 11

Section 222 (power to raise money) ;

Section 12

Section 252A (emergency powers) ;

Section 13

Section 256 (power of NHS England or an integrated care board to make payments towards expenditure on community services) ;

Section 14

Section 257 (payments in respect of voluntary organisations under section 256) ;

Section 15

Paragraphs 9 and 10 of Schedule 1 (provision of vehicles for disabled persons) ;

Section 16

Paragraph 13 of Schedule 1 (powers in relation to research etc ) ;

Section 17

Paragraph 21 of Schedule 1B (externally financed development agreements).

Section 18

Section 117 of the Mental Health Act 1983 (after-care) ;

Section 19

Section 27 of the Children Act 1989 (co-operation between authorities) ;

Section 20

Section 47 of the Children Act 1989 (local authority's duty to investigate) ;

Section 21

Section 322 of the Education Act 1996 (duty of certain bodies to help local authorities) ;

Section 22

Section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies) ;

Section 23

Section 38 of the Crime and Disorder Act 1998 (local provision of youth justice services) ;

Section 24

Section 4 of the Adoption and Children Act 2002 (assessments etc for adoption support services) ;

Section 25

Section 6(1) of the Care Act 2014 (co-operating generally);

Section 25A

Section 7(1) of the Care Act 2014 (co-operating in specific cases);

Section 26

Section 10 of the Children Act 2004 (co-operation to improve wellbeing) ;

Section 27

Section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare) .