The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014

• Citation: S.I. 2014/1611
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014 and come into force on 1st October 2014.

(2) In these Regulations, “the 2012 Regulations ” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 .

Section 2 Amendment in relation to citation

In regulation 1 of the 2012 Regulations (citation and commencement), in paragraph (1) after “These Regulations may be cited as” insert “the”.

Section 3 Amendments in relation to Standing Rules: NHS Continuing Healthcare and NHS funded nursing care

(1) In regulation 20 of the 2012 Regulations (interpretation)—

(a) for the definition of “flat rate payment” substitute—

“flat rate payment” except in regulation 29(1), means a payment of £110.89 per week;

(b) for the definition of “high band payment” substitute—

“high band payment” except in regulation 30(1), means a payment of £152.61 per week;

(2) In regulation 28 of the 2012 Regulations (persons who enter relevant premises or who develop a need for nursing care), in paragraph (6), after “flat rate”, insert “payment”.

(3) In regulation 29 of the 2012 Regulations (persons in receipt of flat rate payments immediately before the relevant date), in paragraph (2), delete the words “continue to” and “on and after the relevant date”.

(4) In regulation 30 of the 2012 Regulations (persons in receipt of high band payments immediately before the relevant date), in paragraph (2) delete the words “continue to” and “on and after the relevant date”.

Section 4 Amendments in relation to personal health budgets

(1) In regulation 32A of the 2012 Regulations (interpretation), in the definition of “personal health budget”, before “a relevant health service” insert “all or part of”.

(2) In regulation 32B of the 2012 Regulations (duties of relevant bodies in relation to personal health budgets) —

(a) for paragraph (4), substitute—

(4) Where a request is made by or on behalf of an eligible person for a personal health budget, a relevant body must grant that request, save to the extent that it is not appropriate to secure provision of all or any part of the relevant health service by that means in the circumstances of the eligible person’s case.

(4A) Where a relevant body arranges a personal health budget under paragraph (4), it must decide which of the ways mentioned in paragraph (2) would be the most appropriate way in which to manage that personal health budget.

(b) in paragraph (7), after “eligible person” insert “in full or in part”; and

(c) in paragraph (8), for the words “On receipt of written reasons in accordance with paragraph (7),” substitute—

(8) On receipt of—

(a) a decision under paragraph (4A); or

(b) written reasons in accordance with paragraph (7),

Section 5 Amendment in relation to choice of health service provider

In regulation 41(b) of the 2012 Regulations (persons to whom the duties as to choice do not apply), after “prison” insert “or other accommodation described in regulation 10(2)”.

Section 6 Amendment of Schedule 5 (Persons disqualified from being a chair, CCG member or social services authority member of a review panel)

In Schedule 5 to the 2012 regulations, in paragraph 6, for “A person’s term” substitute “A person whose term”.