The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012

Part 2, article 5(1)

SCHEDULE 1 Property and liabilities transferring to the Board

Furniture, fittings, plant, equipment and machinery

1.—(1) The property and liabilities which the Authority has in relation to the items specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The items referred to in sub-paragraph (1) are—

(a) all computers, mobile telephones, data cards and electronic instruments;

(b) all software, data and hardware relating to the National Reporting and Learning System(1) or to the performance by the Authority of any of its functions;

(c) all office furniture, including desks, chairs and filing cabinets;

(d) all goods, stocks, inventory, stores and raw materials used by or in connection with, or otherwise attributable, to the functions of the Authority;

(e) all assets, whether tangible or intangible, purchased through money supplied by the Department of Health in relation to the Authority’s work in preparing for the establishment of the Board.

Contracts and agreements

2.—(1) The property and liabilities which the Authority has in relation to the contracts and agreements specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The contracts and agreements referred to in sub-paragraph (1) are—

(a) all operating leases and maintenance contracts for cars, photocopiers, printers and other electronic equipment used by the Authority;

(b) all policies of insurance taken out and maintained by the Authority in relation to any of the functions of the Authority; and

(c) all other contracts, agreements, arrangements, engagements, assignments and orders which relate to any of the functions of the Authority.

Intellectual property and records

3.—(1) The intellectual property and liabilities which the Authority has in relation to the items specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The items referred to in sub-paragraph (1) are—

(a) all books, records and other documents created or held by the Authority (including any documents or records that are kept by means of a computer or other electronic device) including—

(i) employment records and other data relating to staff employed by the Authority at any time before the transfer date,

(ii) financial records,

(iii) records relating to the performance by the Authority of the patient safety function or the NRLS oversight function(2),

(iv) records relating to policy making;

(b) all software and IT systems relating to the performance by the Authority of any of its functions;

(c) all general correspondence; and

(d) all domain names registered by the Authority in respect of the Authority or the Board.

Part 2, article 8

SCHEDULE 2 Amendments and revocations consequential on the abolition of the Authority

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1.  In regulation 11(5) of the National Health Service (Membership and Procedure) Regulations 1990(3) (disqualification for appointment of chairman and non-executive directors), omit sub-paragraph (i).

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

2.  In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(4) (Special Health Authorities of which the Chairman and Members are not disqualified under regulation 5(1)(e)), omit “NHS Commissioning Board Authority”.

The NHS Commissioning Board Authority (Establishment and Constitution) Order 2011

3.  The NHS Commissioning Board Authority (Establishment and Constitution) Order 2011(5) is revoked.

The NHS Commissioning Board Authority Regulations 2011

4.  The NHS Commissioning Board Authority Regulations 2011(6) are revoked save as kept in force by article 6(4).

Part 3, article 9

SCHEDULE 3 Amendments consequential on the establishment of the National Health Service Commissioning Board and clinical commissioning groups

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(7) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”—

(a) in paragraph (a), after “Special Health Authority,” insert “a clinical commissioning group,”; and

(b) after paragraph (b), insert—

“(ba) the National Health Service Commissioning Board;”.

(3) In regulation 11(1) (disqualification for appointment of chairman and non-executive directors)—

(a) for sub-paragraph (d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”;

(b) after sub-paragraph (d), insert—

“(da) he is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in sub-paragraph (e), before “an NHS foundation trust” insert “a clinical commissioning group or”; and

(d) after sub-paragraph (e) insert—

“(ea) he is a person who is the chair or a member of the governing body of a clinical commissioning group, or an employee of such a group;”.

(4) For regulation 11(3), substitute—

“(3) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chairman, a member or a director of the health service body in question.”.

The National Health Service Litigation Authority Regulations 1995

2.—(1) The National Health Service Litigation Authority Regulations 1995(8) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after “Special Health Authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group,”.

(3) In regulation 7(1) (disqualification for appointment)—

(a) for sub-paragraph (d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”;

(b) after sub-paragraph (d) insert—

“(da) he is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”; and

(c) in sub-paragraph (e), for “or an NHS trust” substitute “, an NHS trust or the National Health Service Commissioning Board or the chair or a member of the governing body of a clinical commissioning group”.

(4) For regulation 7(3) (disqualification for appointment – paid employment) substitute—

“(4) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chairman, a member or a director of the health service body in question.”.

The National Health Service Litigation Authority (Establishment and Constitution) Order 1995

3.  In article 1(2) of the National Health Service Litigation Authority (Establishment and Constitution) Order 1995(9) (interpretation), in the definition of “NHS body”, after “Special Health Authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group,”.

The National Health Service (Clinical Negligence Scheme) Regulations 1996

4.  In regulation 3(1) of the National Health Service (Clinical Negligence Scheme) Regulations 1996(10) (eligible bodies), before sub-paragraph (a), insert—

“(za) a clinical commissioning group,

(zb) the National Health Service Commissioning Board,”.

The National Health Service (Existing Liabilities Scheme) Regulations 1996

5.  In regulation 3(a) of the National Health Service (Existing Liabilities Scheme) Regulations 1996(11) (eligible bodies), after sub-paragraph (iv) insert—

“(v) the National Health Service Commissioning Board,”.

The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999

6.  In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999(12) (eligible bodies)—

(a) before paragraph (a), insert—

“(za) a clinical commissioning group,

(zb) the National Health Service Commissioning Board,”; and

(b) after paragraph (aa), insert—

“(ab) the company known as ‘NHS Property Services Limited’, a company registered in England and Wales with company number 7888110,”.

The National Health Service (Property Expenses Scheme) Regulations 1999

7.  In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 1999(13) (eligible bodies)—

(a) before paragraph (a), insert—

“(za) a clinical commissioning group,

(zb) the National Health Service Commissioning Board,”; and

(b) after paragraph (aa), insert—

“(ab) the company known as ‘NHS Property Services Limited’, a company registered in England and Wales with company number 7888110,”.

The Medicines for Human Use (Clinical Trials) Regulations 2004

8.—(1) The Medicines for Human Use (Clinical Trials) Regulations 2004(14) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “health service body”—

(a) in paragraph (b), after “Primary Care Trust” insert “, clinical commissioning group”; and

(b) after paragraph (b) insert—

“(ba) the National Health Service Commissioning Board,”.

(3) In Schedule 2 (additional provisions relating to Ethics Committees)—

(a) in paragraph 3(5)(b)(iii), at the end of paragraph (bb) insert—

“; or

(cc) the governing body of a clinical commissioning group”; and

(b) in paragraph 6(6)(a)(ii), after “health service body” insert “or the governing body of a clinical commissioning group”.

The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005

9.—(1) The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005(15) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”—

(a) in paragraph (a), after “Special Health Authority,” insert “clinical commissioning group,”; and

(b) after paragraph (f) insert—

“(fa) the National Health Service Commissioning Board;”.

(3) In regulation 3(1) (disqualification for appointment)—

(a) sub-paragraph (d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”; and

(b) after sub-paragraph (d) insert—

“(da) he is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”.

(4) For regulation 3(3) (disqualification for appointment – paid employment) substitute—

“(3) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chairman, a member or a director of the health service body in question.”.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005

10.—(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005(16) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”—

(a) in paragraph (a), after “Special Health Authority,” insert “clinical commissioning group,”; and

(b) after paragraph (f) insert—

“(fa) the National Health Service Commissioning Board;”.

(3) In regulation 3(1) (disqualification for appointment)—

(a) for sub-paragraph (d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”;

(b) after sub-paragraph (d) insert—

“(da) he is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in sub-paragraph (j), after sub-paragraph (i) insert—

“(ia) the National Health Service Commissioning Board,”; and

(d) after sub-paragraph (j) insert—

“(ja) he is the chair or a member of the governing body of a clinical commissioning group.”.

(4) For regulation 3(3) (disqualification for appointment – paid employment) substitute—

“(3) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chairman, a member or a director of the health service body in question.”.

The Care Quality Commission (Registration) Regulations 2009

11.—(1) The Care Quality Commission (Registration) Regulations 2009(17) are amended as follows.

(2) In regulation 16(4) (notification of death of service user), for “the NHS Commissioning Board Authority established under article 2 of the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011”, substitute “the National Health Service Commissioning Board”.

(3) After regulation 16(4) insert—

“(4A) For the purposes of paragraph (4), where a person has reported a death to the NHS Commissioning Board Authority, established under Article 2 of the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011, before the establishment of the National Health Service Commissioning Board (“the Board”), that report is to be treated as having been made to the Board.”.

(4) In regulation 18(4) (notification of other incidents), for “the NHS Commissioning Board Authority established under article 2 of the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011”, substitute “the National Health Service Commissioning Board”.

(5) After regulation 18(4) insert—

“(4ZA) For the purposes of paragraph (4), where a person has reported an incident to the NHS Commissioning Board Authority, established under Article 2 of the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011, before the establishment of the National Health Service Commissioning Board (“the Board”), that report is to be treated as having been made to the Board.”.

The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

12.—(1) The English text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009(18) is amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”)—

(a) in paragraph (a), after “a Primary Care Trust,” insert “a clinical commissioning group,”; and

(b) at the end insert—

“(e) the National Health Service Commissioning Board;”.

(3) In regulation 15 (disqualification for appointment of chair and non-executive directors)—

(a) for sub-paragraph (1)(d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”;

(b) after sub-paragraph (1)(d), insert—

“(da) that person is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group; or”;

(c) in sub-paragraph (1)(e), after “health service body other than”, insert “a clinical commissioning group or an employee of such a group or”;

(d) after sub-paragraph (1)(e) insert—

“(ea) that person is the chair or a member of the governing body of a clinical commissioning group or an employee of the group; or”; and

(e) for paragraph (3) substitute—

“(3) For the purposes of paragraph (1)(c), a person will not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chair, a governor or a non-executive director;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chair, a member or a director of the health service body in question.”.

(4) The Welsh text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.

(5) In regulation 1(2) (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”)—

(a) in paragraph (a), after “Gofal Iechyd Sylfaenol”, insert “grŵp comisiynu clinigol,” and

(b) at the end insert—

“(d) Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol;”.

(6) In regulation 15 (datgymhwyso rhag penodi cadeirydd a chyfarwyddwyr anweithredol)—

(a) for sub-paragraph (1)(ch), substitute—

“(ch) os yw’r person hwnnw yn berson y mae ei ddeiliadaeth swydd fel cadeirydd corff gwasanaeth iechyd, neu fel aelod ohono, neu fel cyfarwyddwr neu lywodraethwr iddo, wedi ei therfynu oherwydd —

(i) nad oedd o fudd i’r corff gwasanaeth iechyd neu i’r gwasanaeth iechyd gwladol iddo barhau i ddal y swydd,

(ii) nad oedd yn mynychu cyfarfodydd,

(iii) nad oedd yn datgelu buddiant ariannol, neu

(iv) iddo gamymddwyn, gamweinyddu neu fethu â chyflawni ei ddyletswyddau;”;

(b) after sub-paragraph (1)(ch), insert—

“(cha) os yw’r person hwnnw yn berson a ddiswyddwyd fel cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol; neu”;

(c) for sub-paragraph (1)(d), substitute—

“(d) os yw’r person hwnnw’n gadeirydd corff gwasanaeth iechyd ac eithrio grŵp comisiynu clinigol neu gyflogai i’r grŵp hwnnw neu ymddiriedolaeth sefydledig GIG, neu os yw’n aelod o’r corff gwasanaeth iechyd hwnnw neu’n gyfarwyddwr neu’n gyflogai iddo; neu”;

(d) after sub-paragraph (1)(d) insert—

“(da) os yw’r person hwnnw’n gadeirydd neu’n aelod o gorff llywodraethu grŵp comisiynu clinigol neu yn gyflogai i’r grŵp; neu”; and

(e) for paragraph (3) substitute—

“(3) At ddibenion paragraff (1)(c), ni thrinnir person fel petai wedi bod mewn cyflogaeth am dâl yn unig oherwydd iddo fod—

(a) yn achos ymddiriedolaeth sefydledig GIG, yn gadeirydd, llywodraethwr neu gyfarwyddwr anweithredol;

(b) yn achos grŵp comisiynu clinigol, yn gadeirydd neu’n aelod o gorff llywodraethu’r grŵp;

(c) yn achos unrhyw gorff gwasanaeth iechyd arall, cadeirydd, neu aelod neu gyfarwyddwr ar y corff gwasanaeth iechyd dan sylw.”.

The Welsh Health Specialised Services Committee (Wales) Regulations 2009

13.—(1) The English text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009(19) is amended as follows.

(2) In regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), for “means a”, substitute “means the National Health Service Commissioning Board, a clinical commissioning group,”.

(3) In paragraph 1(2) of Schedule 2 (eligibility requirements)—

(a) in sub-paragraph (d), after “health service body” (the first time it appears), insert “other than a clinical commissioning group”; and

(b) after sub-paragraph (d) insert—

“(e) has been removed from office as the chair or member of the governing body of a clinical commissioning group.”.

(4) At the end of paragraph 1(4) of Schedule 2, insert “other than a clinical commissioning group, or of having held the position of chair or member of the governing body of a clinical commissioning group”.

(5) The Welsh text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009 is amended as follows.

(6) In regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “yw” insert “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol, grŵp comisiynu clinigol,”.

(7) In paragraph 1(2) of Schedule 2 (y gofynion cymhwystra)—

(a) in sub-paragraph (ch), after “corff gwasanaeth iechyd” (the first time it appears), insert “ac eithrio grŵp comisiynu clinigol”; and

(b) after sub-paragraph (ch) insert—

“(d) wedi ei ddiswyddo fel cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol.”.

(8) At the end of paragraph 1(4) of Schedule 2, insert “ac eithrio grŵp comisiynu clinigol, neu fel un sydd wedi dal swydd cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol”.

The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

14.—(1) The English text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009(20) is amended as follows.

(2) In regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), for “means a”, substitute “means the National Health Service Commissioning Board, a clinical commissioning group,”.

(3) In paragraph 1(2) of Schedule 2 (eligibility requirements for members and associate members)—

(a) in sub-paragraph (d), after “health service body” (the first time it appears), insert “other than a clinical commissioning group”; and

(b) after sub-paragraph (d) insert—

“(e) has been removed from office as the chair or a member of the governing body of a clinical commissioning group.”.

(4) At the end of paragraph 1(4) of Schedule 2, insert “other than a clinical commissioning group, or of having held the position of chair or member of the governing body of a clinical commissioning group”.

(5) The Welsh text of the Local Health Boards (Constitution, Membership and Procedures) Regulations 2009 is amended as follows.

(6) In regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “yw” insert “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol, grŵp comisiynu clinigol,”.

(7) In paragraph 1(2)(ch) of Schedule 2 (y meini prawf cymhwystra ar gyfer aelodau ac aelodau cyswllt)—

(a) in sub-paragraph (ch), after “corff gwasanaeth iechyd” (the first time it appears), insert “ac eithrio grŵp comisiynu clinigol”; and

(b) after sub-paragraph (ch) insert—

“(d) wedi’i ddiswyddo fel cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol.”.

(8) At the end of paragraph 1(4) of Schedule 2, insert “ac eithrio grŵp comisiynu clinigol, neu fel un sydd wedi dal swydd cadeirydd neu aelod o gorff llywodraethu grŵp comisiynu clinigol”.

The Health Research Authority Regulations 2011

15.—(1) The Health Research Authority Regulations 2011(21) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) the definition of “health service body”—

(i) in paragraph (a), after “Special Health Authority,”, insert “a clinical commissioning group,”;

(ii) after paragraph (g) insert—

“(ga) the National Health Service Commissioning Board;”; and

(b) in the definition of “member”, for “regulation 2A(1)(d), (2) and (3)” substitute “regulation 2A(1)(d), (da), (2) and (3)”.

(3) In regulation 2A (disqualification for appointment)—

(a) in paragraph (1)(d), after “health service body” (the first time it appears), insert “other than a clinical commissioning group”;

(b) after paragraph (1)(d), insert—

“(da) that person is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in paragraph (2)(a), after “which is not”, insert “a clinical commissioning group,”; and

(d) after paragraph (2)(a) insert—

“(ab) in the case of a clinical commissioning group, the chair or a member of the governing body of the group;”.

The National Health Service Trust Development Authority Regulations 2012

16.—(1) The National Health Service Trust Development Authority Regulations 2012(22) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) the definition of “health service body”—

(i) in paragraph (a), after “Special Health Authority,”, insert “a clinical commissioning group,”;

(ii) after paragraph (g) insert—

“(ga) the National Health Service Commissioning Board;”; and

(b) in the definition of “member”, for “regulation 3(1)(d) and (h)” substitute “regulation 3(1)(d), (da), (h) and (k)”.

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

(a) in paragraph (1)(d), after “health service body” (the first time it appears), insert “other than a clinical commissioning group”;

(b) after paragraph (1)(d), insert—

“(da) that person is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in paragraph (1)(j), at the end of paragraph (iv), insert—

“; or

(v) the National Health Service Commissioning Board; or”;

(d) after paragraph (l)(j) insert—

“(k) that person is the chair or a member of the governing body of a clinical commissioning group.”;

(e) in paragraph (2)(a), after “which is not”, insert “a clinical commissioning group,”; and

(f) after paragraph (2)(a) insert—

“(ab) in the case of a clinical commissioning group, the chair or a member of the governing body of the group;”.

The Health Education England Regulations 2012

17.—(1) The Health Education England Regulations 2012(23) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) the definition of “health service body”—

(i) in paragraph (a), after “Special Health Authority,”, insert “a clinical commissioning group,”;

(ii) after paragraph (g) insert—

“(ga) the National Health Service Commissioning Board;”; and

(b) in the definition of “member”, for “regulation 3(1)(d) and (3)” substitute “regulation 3(1)(d), (da), (2) and (3)”.

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

(a) in paragraph (1)(d), after “health service body” (the first time it appears), insert “other than a clinical commissioning group”;

(b) after paragraph (1)(d), insert—

“(da) P is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in paragraph (2)(a), after “which is not”, insert “a clinical commissioning group,”; and

(d) after paragraph (2)(a) insert—

“(ab) in the case of a clinical commissioning group, the chair or a member of the governing body of the group;”.

Part 3, article 10

SCHEDULE 4 Amendments consequential on provisions relating to Monitor

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(24) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body”, for paragraph (h) substitute—

“(h) Monitor;”(25); and

(b) omit the definition of “the Independent Regulator of NHS Foundation Trusts”.

(3) In regulation 11(1) (disqualification for appointment of chairman and non-executive directors), in sub-paragraph (i) for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The National Health Service Litigation Authority Regulations 1995

2.—(1) The National Health Service Litigation Authority Regulations 1995(26) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body”, for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”; and

(b) omit the definition of “Independent Regulator of NHS Foundation Trusts”.

(3) In regulation 7(1)(g) (disqualification for appointment), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Health Authorities (Membership and Procedure) Regulations 1996

3.—(1) The Health Authorities (Membership and Procedure) Regulations 1996(27) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body”, for paragraph (f) substitute—

“(f) Monitor”; and

(b) omit the definition of “Independent Regulator of NHS Foundation Trusts”.

(3) In regulation 10(1)(m) (disqualification for appointment), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The National Institute for Clinical Excellence Regulations 1999

4.  In regulation 1(2) of the National Institute for Clinical Excellence Regulations 1999(28) (interpretation)—

(a) in the definition of “health service body”, for paragraph (i) substitute—

“(i) Monitor,”; and

(b) omit the definition of “Independent Regulator of NHS Foundation Trusts”.

The Public Interest Disclosure (Prescribed Persons) Order 1999

5.—(1) In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999(29) (persons prescribed for the purposes of section 43F of the Employment Rights Act 1996)—

(a) for “Independent Regulator of NHS Foundation Trusts”, in each place it occurs, substitute “Monitor”; and

(b) in paragraph (b) of the description of matters in respect of which that body is prescribed omit “under the National Health Service Act 2006”.

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

6.—(1) The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(30) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body”, for the second paragraph (g) substitute—

“(ga) Monitor”; and

(b) omit the definition of “the Independent Regulator of NHS Foundation Trusts”.

(3) In regulation 5(1)(k) (disqualification for appointment: chairman and non-officer members), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The National Treatment Agency Regulations 2001

7.—(1) The National Treatment Agency Regulations 2001(31) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body”, for paragraph (c) substitute—

“(c) Monitor”; and

(b) omit the definition of “Independent Regulator of NHS Foundation Trusts”.

(3) In regulation 3(1)(g) (disqualification for appointment), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002

8.—(1) The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002(32) are amended as follows.

(2) In regulation 1(3) (interpretation), in the definition of “authorisation”, for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

(3) In regulation 4A(1)(a) (consultation of committees by NHS Foundation Trusts), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

9.  In the Annex to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(33) (list of regulators), for the entry for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Health Protection Agency Regulations 2005

10.  In regulation 1(3) of the Health Protection Agency Regulations 2005(34) (interpretation), in the definition of “health service body”, for paragraph (j) substitute—

“(j) Monitor,”.

The Health and Social Care Information Centre Regulations 2005

11.  In regulation 3(1)(h) of the Health and Social Care Information Centre Regulations 2005(35) (disqualification for appointment), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The NHS Institute for Innovation and Improvement Regulations 2005

12.  In regulation 3(1)(h) of the NHS Institute for Innovation and Improvement Regulations 2005(36) (disqualification for appointment), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005

13.  In regulation 3(1)(h) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005(37) (disqualification for appointment), for “the Independent Regulator of NHS foundation trusts” substitute “Monitor”.

NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005

14.  In regulation 3(1)(h) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005(38) (disqualification for appointment), for “the Independent Regulator of NHS foundation trusts” substitute “Monitor”.

The Care Quality Commission (Membership) Regulations 2008

15.  In regulation 1(2) of the Care Quality Commission (Membership) Regulations 2008(39) (interpretation), in the definition of “NHS body”, for paragraph (c) substitute—

“(c) Monitor;”.

The National Information Governance Board for Health and Social Care Regulations 2008

16.  In regulation 1(3) of the National Information Governance Board for Health and Social Care Regulations 2008(40) (interpretation), in the definition of “health service body”, for paragraph (h) substitute—

“(h) Monitor;”.

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

17.—(1) Schedule 3 to the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009(41) (transitory, transitional and saving provisions in relation to the functions of the CHAI and the CSCI under the 2003 Act) is amended as follows.

(2) In paragraph 8—

(a) in the heading to that paragraph, for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”; and

(b) in sub-paragraph (1)(b), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

18.—(1) The English text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009(42) is amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “health service body” (“corff gwasanaeth iechyd”), for paragraph (d) substitute—

“(d) Monitor;”; and

(b) omit the definition of “Independent Regulator of NHS Foundation Trusts” (“Rheoleiddiwr Annibynnol Ymddiriedolaethau Sefydledig GIG”).

(3) In regulation 15(1)(g) (disqualification for appointment of chair and non-executive directors), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

(4) The Welsh text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.

(5) In regulation 1(2) (dehongli)—

(a) in the definition of “corff gwasanaeth iechyd” (“health service body”), for paragraph (ch) substitute—

“(ch) Monitor;”; and

(b) omit the definition of “Rheoleiddiwr Annibynnol Ymddiriedolaethau Sefydledig GIG” (“Independent Regulator of NHS Foundation Trusts”).

(6) In regulation 15(1)(e) (datgymhwyso rhag penodi cadeirydd a chyfarwyddwyr anweithredol), for “Rheolydd Annibynnol Ymddiriedolaethau Sefydledig GIG” substitute “Monitor”.

The Medical Profession (Responsible Officers) Regulations 2010

19.  In regulation 9(4) of the Medical Profession (Responsible Officers) Regulations 2010(43) (nomination of responsible officer by the Secretary of State), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

The Equality Act 2010 (Specific Duties) Regulations 2011

20.  In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011(44) (public authorities required to publish information), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.

The Health Research Authority Regulations 2011

21.  In regulation 1(2) of the Health Research Authority Regulations 2011(45) (interpretation), in the definition of “health service body”, for sub-paragraph (f) substitute—

“(f) Monitor;”.

The National Health Service Trust Development Authority Regulations 2012

22.—(1) The National Health Service Trust Development Authority Regulations 2012(46) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, for sub-paragraph (f) substitute—

“(f) Monitor;”.

(3) In paragraph 3(1)(h) (disqualification for appointment), for “chairman or another member of the Independent Regulator of NHS foundation trusts” substitute “chair or another member of Monitor”.

The Health Education England Regulations 2012

23.  In regulation 1(2) of the Health Education England Regulations 2012(47) (interpretation), in the definition of “health service body”, for paragraph (f) substitute—

“(f) Monitor;”.

(1)

The National Reporting and Learning System is the system for recording patient safety incidents which was designed by the National Patient Safety Agency, a special health authority established by the National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743), and which is operated by Imperial College Healthcare National Health Service Trust pursuant to article 2(1) of the Imperial College Healthcare National Health Service Trust Directions 2012, signed on 30th March 2012. A “patient safety incident” is defined by article 1(4) of those Directions as meaning any unintended or unexpected incident that could have or did lead to harm for one or more patients receiving services provided under the National Health Service Act 2006.

(2)

The “patient safety function” and the “NRLS oversight function” are functions conferred on the Authority as of 1st June 2012 by virtue of amendments made to the NHS Commissioning Board Authority (Functions of the Authority) Directions 2011, signed on 31st October 2011, by paragraph 4 of the NHS Commissioning Board Authority (Functions of the Authority) (Amendment) Directions 2012, signed on 31st May 2012.

(3)

S.I. 1990/2024. Paragraph (5) of regulation 11 was inserted by S.I. 1997/2990 and sub-paragraph (i) was inserted by S.I. 2011/2237.

(4)

S.I. 2000/89.

(5)

S.I 2011/2237.

(6)

S.I 2011/2250.

(7)

S.I. 1990/2024. Relevant amending instruments are S.I. 1996/1755, S.I. 1998/646, S.I. 2000/2434, S.I. 2002/2469 and 2861, S.I. 2004/696, S.I. 2005/525, 1622 and 2078, S.I. 2006/552 and S.I. 2011/2581.

(8)

S.I. 1995/2801. Relevant amending instruments are S.I. 1998/646, S.I. 2000/696 and 2433, S.I. 2002/2469 and 2861, S.I. 2004/696 and S.I. 2006/552.

(9)

S.I. 1995/2800 as amended by S.I. 2005/1445. There are other amending instruments but none is relevant.

(10)

S.I. 1996/251. Relevant amending instruments are S.I. 1997/527, S.I. 2000/2341, S.I. 2002/1073 and 2469, S.I. 2004/696 and S.I. 2005/604.

(11)

S.I. 1996/686. Relevant amending instruments are S.I. 2004/696, S.I. 2005/604 and S.I. 2006/2469.

(12)

S.I. 1999/873 as amended by S.I. 2000/2385 and 2469, S.I. 2004/696 and S.I. 2005/604.

(13)

S.I. 1999/874 as amended by S.I. 2000/2342, S.I. 2002/2469, S.I. 2004/696 and S.I. 2005/604.

(14)

S.I. 2004/1031. Relevant amending instruments are S.I. 2006/562, S.I. 2008/941 and S.I. 2011/2581.

(15)

S.I. 2005/2531. Relevant amending instruments are S.I. 2008/2250 and S.I. 2011/2851.

(16)

S.I. 2005/2415. Relevant amending instruments are S.I. 2006/633, S.I. 2008/2250 and S.I. 2011/2581.

(17)

S.I. 2009/3112 as amended by S.I. 2012/1186. There are other amending instruments but none is relevant.

(18)

S.I. 2009/1385 (W. 141) as amended by S.I. 2011/990 and 2581.

(19)

S.I. 2009/3097 (W. 270).

(20)

S.I. 2009/779 (W. 67).

(21)

S.I. 2011/2341, as amended by S.I. 2012/1108.

(22)

S.I. 2012/922.

(23)

S.I. 2012/1290.

(24)

S.I.1990/2024. Relevant amendments were made by S.I. 2004/696.

(25)

Monitor is the body corporate, formerly known as the Independent Regulator of NHS Foundation Trusts, continued under section 61(1) of the Health and Social Care Act 2012.

(26)

S.I.1995/2801. Relevant amendments were made by S.I. 1998/646, S.I. 2000/696 and 2433, S.I. 2002/2469, S.I. 2004/696 and S.I. 2006/1722.

(27)

S.I.1996/707. Relevant amendments were made by S.I. 2004/696.

(28)

S.I.1999/260. Relevant amendments were made by S.I. 2004/696, S.I. 2005/498, S.I. 2005/1622, S.I. 2008/2250 and S.I. 2011/2851.

(29)

S.I.1999/1549. The Schedule to the Order was substituted by S.I. 2003/1993. The entry relating to the Independent Regulator of NHS Foundation Trusts was inserted by S.I. 2009/2457. There are other amending instruments but none is relevant.

(30)

S.I. 2000/89. Relevant amendments were made by S.I. 2002/2469 and 2861, S.I. 2003/1616, S.I. 2004/664 and 696, S.I. 2005/525 and 1622, S.I. 2006/552 and 562, S.I. 2008/2250 and S.I. 2011/2851.

(31)

S.I. 2001/715. Relevant amendments were made by S.I. 2001/4044, S.I. 2004/696 and S.I. 2006/1722.

(32)

S.I. 2002/3048. Relevant amendments were made by S.I. 2004/696 and S.I. 2010/720.

(33)

S.I. 2004/1861. The Annex to Schedule 1 was substituted by S.I. 2010/131 and amended by S.I. 2011/2581 and S.I. 2012/725.

(34)

S.I. 2005/408. Relevant amendments were made by S.I. 2005/1622 and 3491 and S.I. 2008/2250.

(35)

S.I. 2005/500. There are no relevant amendments.

(36)

S.I. 2005/1447. There are no relevant amendments.

(37)

S.I. 2005/2415. Relevant amendments were made by S.I. 2006/633.

(38)

S.I. 2005/2531. Relevant amendments were made by S.I. 2006/640 and S.I. 2010/671.

(39)

S.I. 2008/2252. Relevant amendments were made by S.I. 2011/2851.

(40)

S.I. 2008/2558. Relevant amendments were made by S.I. 2011/2851.

(41)

S.I. 2009/462. There are no relevant amendments.

(42)

S.I. 2009/1385 (W.141). Relevant amendments were made by S.I. 2011/2581.

(43)

S.I. 2010/2841. There are no relevant amendments.

(44)

S.I. 2011/2260. Schedule 1 was amended by S.I. 2012/641.

(45)

S.I. 2011/2341 as amended by S.I. 2012/1108.

(46)

S.I. 2012/922.

(47)

S.I. 2012/1290.