The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023

Health and Social Care Act 2012

12.—(1) The Health and Social Care Act 2012 is amended as follows.

(2) In section 290 (other duties to co-operate)(1), omit subsection (3)(ca).

(3) After section 296 (arrangements between NHS England and Scottish Ministers etc.), insert—

“Arrangements between NHS England and devolved authorities in respect of education and training

296A.— (1) NHS England may make arrangements with a devolved authority for NHS England—

(a) to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;

(b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

“devolved authority” means—

(a)

the Scottish Ministers,

(b)

the Welsh Ministers, and

(c)

a Northern Ireland Minister.

“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.”.

(1)

Paragraph (ca) of subsection (3) was inserted by paragraph 15(3) of Schedule 5 to the Care Act 2014. There are other amendments but none is relevant.