The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024

• Citation: S.I. 2024/1205
• Sections: 25

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 and come into force on 16th December 2024.

(2) This Part extends to England and Wales and Northern Ireland.

(3) Any amendment or revocation made by Parts 2 and 3 of these Regulations has the same extent as the provision amended or revoked.

Section 2 Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990

(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990 are amended as follows.

(2) In regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “clinical commissioning group,” insert “an integrated care board,” .

(3) In regulation 11 (disqualification for appointment of chairman, vice-chair and non-executive directors), after paragraph (6A) insert—

(6B) A person shall not be disqualified by paragraph (1)(e) from being the chairman or a non-executive director of an NHS trust in England where that person is an ordinary member of an integrated care board mentioned in paragraph 8(2)(a) of Schedule 1B to the 2006 Act

Section 3 Amendment of the Walsall Hospitals National Health Service Trust (Establishment) Order 1990

In the Walsall Hospitals National Health Service Trust (Establishment) Order 1990 , in article 1, in paragraph (2), in the definition of “community health services”—

(a) in paragraph (a), for “a clinical commissioning group under section 3(1)(d) or (e)” substitute “an integrated care board under section 3(1)(g) or (i)” ;

(b) in paragraph (b), in the words before sub-paragraph (i), for “section 3(1)(d) or (e)” substitute “section 3(1)(g) or (i)” .

Section 4 Amendment of the National Health Service Litigation Authority Regulations 1995

(1) The National Health Service Litigation Authority Regulations 1995 are amended as follows.

(2) In regulation 1, in paragraph (2), in the definition of “health service body”, after “means” insert “an integrated care board,” .

(3) In regulation 7 (disqualification for appointment), in paragraph (1), in sub-paragraph (e)—

(a) as it applies to England, after “director of” insert “an integrated care board” ;

(b) as it applies to Wales, after “director of” insert “an integrated care board or” .

Section 5 Amendment of the Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004

(1) The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004 are amended as follows.

(2) In regulation 1, in paragraph (2), in the definition of “health service body”, after sub-paragraph (ad) insert—

(ae) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 ;

(3) In regulation 4 (disqualification for appointment), in paragraph (1)—

(a) in sub-paragraph (f), omit “(other than a clinical commissioning group)”;

(b) omit sub-paragraph (fa).

Section 6 Amendment of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005

(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 are amended as follows.

(2) In regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “clinical commissioning group,” insert “an integrated care board,” .

(3) In regulation 3 (disqualification for appointment), in paragraph (1), after sub-paragraph (j) insert—

;

(k) he is a member of an integrated care board

Section 7 Amendment of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005

In the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005 , in regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “clinical commissioning group,” insert “an integrated care board,” .

Section 8 Amendment of the Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009

(1) The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In regulation 1, in paragraph (2)—

(a) in the definition of “former health service body”, after “means” insert “a clinical commissioning group,” ;

(b) in the definition of “health service body”, in paragraph (a)—

(i) omit sub-paragraph (iva);

(ii) after sub-paragraph (v) insert—

(vi) an integrated care board;

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)—

(i) in sub-paragraph (f), omit “(other than a clinical commissioning group)”;

(ii) omit sub-paragraph (fa);

(iii) in sub-paragraph (h)—

(aa) omit “(other than a clinical commissioning group)”;

(bb) after “former health service body” insert “(other than a clinical commissioning group)” ;

(b) in paragraph (3)(a)(i)—

(i) omit “(other than a clinical commissioning group)”;

(ii) after “former health service body” insert “(other than a clinical commissioning group)” .

Section 9 Amendment of the Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009

(1) The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In regulation 1, in paragraph (2)—

(a) in the definition of “former health service body”, after “means” insert “a clinical commissioning group,” ;

(b) in the definition of “health service body”, in paragraph (a)—

(i) omit sub-paragraph (iva);

(ii) after sub-paragraph (v) insert—

(vi) an integrated care board;

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)—

(i) in sub-paragraph (f) omit “(other than a clinical commissioning group)”;

(ii) omit sub-paragraph (fa);

(iii) in sub-paragraph (h)—

(aa) omit “(other than a clinical commissioning group)”;

(bb) after “former health service body” insert “(other than a clinical commissioning group)” ;

(b) in paragraph (3)(i)(a)—

(i) omit “(other than a clinical commissioning group)”;

(ii) after “former health service body” insert “(other than a clinical commissioning group)” .

Section 10 Amendment of the Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009

(1) The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In regulation 1, in paragraph (2)—

(a) in the definition of “former health service body”, after “means” insert “a clinical commissioning group,” ;

(b) in the definition of “health service body”, in paragraph (a)—

(i) omit sub-paragraph (iva);

(ii) after sub-paragraph (v) insert—

(vi) an integrated care board;

(3) In regulation 3 (disqualification for appointment)—

(a) in paragraph (1)—

(i) in sub-paragraph (f) omit “(other than a clinical commissioning group)”;

(ii) omit sub-paragraph (fa);

(iii) in sub-paragraph (h)—

(aa) omit “(other than a clinical commissioning group)”;

(bb) after “former health service body” insert “(other than a clinical commissioning group)” ;

(b) in paragraph (3)(a)(i)—

(i) omit “(other than a clinical commissioning group)”;

(ii) after “former health service body” insert “(other than a clinical commissioning group)” .

Section 11 Amendment of the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009

(1) The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In regulation 1, in paragraph (2)—

(a) in the definition of “former health service body”, after “means” insert “a clinical commissioning group,” ;

(b) in the definition of “health service body”, in paragraph (a)—

(i) omit sub-paragraph (iva);

(ii) after sub-paragraph (v) insert—

(vi) an integrated care board;

(3) In regulation 4 (disqualification for appointment)—

(a) in paragraph (1)—

(i) in sub-paragraph (f) omit “(other than a clinical commissioning group)”;

(ii) omit sub-paragraph (fa);

(iii) in sub-paragraph (h)—

(aa) omit “(other than a clinical commissioning group)”;

(bb) after “former health service body” insert “(other than a clinical commissioning group)” ;

(b) in paragraph (4)(a)(i)—

(i) omit “(other than a clinical commissioning group)”;

(ii) after “former health service body” insert “(other than a clinical commissioning group)” .

Section 12 Amendment of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (English language text)

In the English language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 , in regulation 2, in the definition of “health service body”, after “means” insert “an integrated care board,” .

Section 13 Amendment of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (Welsh language text)

In the Welsh language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (Rheoliadau Byrddau Iechyd Lleol (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) 2009), in regulation 2, in the definition of “corff gwasanaeth iechyd”, after “yw” insert “bwrdd gofal integredig,” .

Section 14 Amendment of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (English language text)

In the English language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 , in regulation 1, in paragraph (2), in the definition of “health service body”, in paragraph (a), after “an NHS foundation trust,” insert “an integrated care board,” .

Section 15 Amendment of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (Welsh language text)

In the Welsh language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (Rheoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009), in regulation 1, in paragraph (2), in the definition of “corff gwasanaeth iechyd”, in paragraph (a), after “ymddiriedolaeth sefydledig GIG,” insert “bwrdd gofal integredig,” .

Section 16 Amendment of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 (English language text)

In the English language text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 , in regulation 2, in the definition of “health service body”, after “means” insert “an integrated care board,” .

Section 17 Amendment of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 (Welsh language text)

In the Welsh language text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 (Rheoliadau Pwyllgor Cydwasanaethau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Felindre (Cymru) 2012), in regulation 2, in the definition of “corff gwasanaeth iechyd”, after “yw” insert “bwrdd gofal integredig;” .

Section 18 Amendment of the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012

(1) The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012 are amended as follows.

(2) In regulation 2—

(a) in the definition of “former health service body”, after “means” insert “a clinical commissioning group,” ;

(b) in the definition of “health service body”, in paragraph (a)—

(i) omit (iia);

(ii) after (v) insert—

(vi) an integrated care board;

(3) In regulation 5 (disqualification for appointment)—

(a) in paragraph (1)—

(i) in sub-paragraph (f) omit “(other than a clinical commissioning group)”;

(ii) omit sub-paragraph (fa);

(iii) in sub-paragraph (h)—

(aa) omit “(other than a clinical commissioning group)”;

(bb) after “former health service body” insert “(other than a clinical commissioning group),” ;

(b) in paragraph (3)(a)(i)—

(i) omit “(other than a clinical commissioning group)”;

(ii) after “former health service body” insert “(other than a clinical commissioning group),” .

Section 19 Amendment of the Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015

In the Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015 , in regulation 6 (meaning of independent etc.)—

(a) in paragraph (5)(f) for “board members of the health service body” substitute “members of the governing board of the health service body” ;

(b) in paragraph (5)(g) for “board” substitute “governing board” in each place it occurs;

(c) after paragraph (8) insert—

(9) For the purposes of paragraph (5)—

(a) in sub-paragraph (b), in paragraphs (i) and (ii), references to roles in an integrated care board are to be read as including equivalent roles in the predecessor clinical commissioning group for that integrated care board;

(b) in sub-paragraph (b), in paragraph (iii), references to ordinary members of an integrated care board nominated pursuant to paragraphs 8(2)(a) to (c) of Schedule 1B to the National Health Service Act 2006, are to be read as including members of the governing board of the predecessor clinical commissioning group of that integrated care board;

(c) in sub-paragraphs (c) and (d), references to a “health service body” are to be read as including, in the case of an integrated care board, the predecessor clinical commissioning group for that integrated care board;

(d) in sub-paragraph (g), the period of time for which a member has served on the governing board of an integrated care board includes any period of time for which the member has served on the governing body of the predecessor clinical commissioning group for that integrated care board.

(10) For the purposes of paragraph (9), “predecessor clinical commissioning group in relation to an integrated care board means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the National Health Service Act 2006 , and—

(a) whose area, as it was immediately before 1st July 2022, is wholly contained within the area of the integrated care board, or

(b) in relation to which the integrated care board is a transferee specified in a transfer scheme made pursuant to section 14Z28 of the National Health Service Act 2006 .

Section 20 Amendment of the Health Education and Improvement Wales Regulations 2017 (English language text)

In the English language text of the Health Education and Improvement Wales Regulations 2017 , in regulation 2, in the definition of “health service body”, after paragraph (d) insert—

(da) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 ,

Section 21 Amendment of the Health Education and Improvement Wales Regulations 2017 (Welsh language text)

In the Welsh language text of the Health Education and Improvement Wales Regulations 2017 (Rheoliadau Addysg a Gwella Iechyd Cymru 2017), in regulation 2, in the definition of “corff gwasanaeth iechyd”, after paragraph (d) insert—

(da) bwrdd gofal integredig a sefydlir o dan Bennod A3 o Ran 2 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006,

Section 22 Amendment of the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017 , in Schedule 2, in paragraph 3(2) (disqualification of persons for appointment (chairperson and non-officer members)), after paragraph (o) insert—

;

(p) an integrated care board

Section 23 Amendment of the Digital Health and Care Wales (Membership and Procedure) Regulations 2020 (English language text)

In the English language text of the Digital Health and Care Wales (Membership and Procedure) Regulations 2020 , in regulation 2, in the definition of “health service body”, after paragraph (e) insert—

(ea) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006,

Section 24 Amendment of the Digital Health and Care Wales (Membership and Procedure) Regulations 2020 (Welsh language text)

In the Welsh language text of the Digital Health and Care Wales (Membership and Procedure) Regulations 2020 (Rheoliadau Iechyd a Gofal Digidol Cymru (Aelodaeth a Gweithdrefn) 2020), in regulation 2, in the definition of “corff gwasanaeth iechyd”, after paragraph (e) insert—

(ea) bwrdd gofal integredig a sefydlir o dan Bennod A3 o Ran 2 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006,

Section 25 Amendment of the National Health Service (Licence Exemptions, etc.) Regulations 2013

In the National Health Service (Licence Exemptions, etc.) Regulations 2013 , in regulation 3 (exemptions from the requirement under section 81(1) of the 2012 Act to hold a licence: application to NHS foundation trusts)—

(a) in the heading, after “NHS foundation trusts” insert “and NHS trusts” ;

(b) after “NHS foundation trust” insert “or to an NHS trust” .