Mental Health, England PART 1 General Citation, commencement, extent and application 1 1 These Regulations may be cited as the National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 and come into force on 1st July 2022. 2 These Regulations extend to England and Wales. 3 These Regulations apply in relation to England only . Interpretation 2 1 In these Regulations— “ after-care services ” has the meaning given in section 117(6) of the Mental Health Act 1983; “ the CCG Regulations 2012 ” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 ; “ ICB ” means integrated care board ; “ mental health services ” means services provided to patients in relation to a disorder or disability of the mind; “ the NHS Act 2006 ” means the National Health Service Act 2006; “ patient ” means any person who is receiving treatment provided as part of the health service; “ registered establishment ” has the meaning given in section 34(1) of the Mental Health Act 1983; “ treatment ” means an intervention that is intended to manage a person’s disease, condition or injury and includes prevention, examination and diagnosis; “ urgent treatment centre ” means a centre, other than a hospital accident and emergency department, at which urgent medical attention is provided to patients with conditions, other than life threatening conditions, and includes minor injury units and walk-in centres; “ walk-in centre ” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by an ICB or NHS England . 2 For the purposes of these Regulations, a person is discharged from after-care services when, in accordance with section 117(2) of the Mental Health Act 1983 (duty to arrange for the provision of after-care services), the local social services authority and, as the case may be, the ICB or Local Health Board are no longer subject to the duty imposed by that section in respect of the person. PART 2 Additional persons for whom an integrated care board has responsibility Additional persons for whom an ICB has responsibility: general 3 1 For the purposes of sections 3 and 3A of the NHS Act 2006 (duties and powers of ICBs to commission certain health services), in addition to the group of people for whom it has core responsibility (see section 14Z31 of that Act), an ICB has responsibility for the persons listed in paragraph 2 of the Schedule. 2 In the case of a person listed in paragraph 2(a), (b), (d), (e), (f), (h) or (j) of the Schedule, an ICB has responsibility only in relation to the provision of accommodation or services specified in the relevant sub-paragraph. 3 The responsibility for a person listed in paragraph 2(c), (g), (i) or (k) of the Schedule does not apply in relation to the provision of emergency ambulance services or accident and emergency services, whether provided at a hospital accident and emergency department, an urgent treatment centre or elsewhere (but excluding any services provided after the person has been accepted as an in-patient, or at an out-patient appointment). Additional persons for whom an ICB has responsibility: arrangements for the provision of vehicles 4 For the purposes of paragraph 9 of Schedule 1 to the NHS Act 2006 (arrangements for the provision of vehicles (including wheelchairs) for people for whom an ICB has responsibility), in addition to the group of people for whom it has core responsibility (see section 14Z31 of that Act), an ICB has responsibility for the persons listed in paragraph 2 of the Schedule. Additional persons for whom an ICB has responsibility: persons detained under the Mental Health Act 1983 pursuant to an application made on or after the coming into force of these Regulations 5 1 For the purposes of sections 3 and 3A of the NHS Act 2006 (duties and powers of ICBs to commission certain health services), in addition to the group of people for whom it has core responsibility (see section 14Z31 of that Act), an ICB has responsibility to arrange for the provision of mental health services during the course of the person’s detention under the Mental Health Act 1983 for each person— a who is detained under the Mental Health Act 1983 in a hospital or registered establishment pursuant to a relevant application made on or after the coming into force of these Regulations; b who is a qualifying patient within the meaning of section 130C of the Mental Health Act 1983; and c for whom the ICB had core responsibility when the relevant application resulting in the person’s detention was made. 2 In this regulation, an application for detention, made in respect of a person, is an application for the person’s admission to a hospital or registered establishment made in accordance with Part 2 of the Mental Health Act 1983. 3 In this regulation— “ exclusion period ”, in relation to a person who is detained under the Mental Health Act 1983, means a period— beginning with the person’s detention under the Mental Health Act 1983; and ending with the person’s next discharge from after-care services; “ relevant application ” means an application for detention made outside of the exclusion period. Additional persons for whom an ICB has responsibility: other persons detained, or in detention, under the Mental Health Act 1983 6 1 For the purposes of sections 3 and 3A of the NHS Act 2006 (duties and powers of ICBs to commission certain health services), in addition to the group of people for whom it has core responsibility (see section 14Z31 of that Act), an ICB has responsibility to arrange for the provision of mental health services during the course of the person’s detention under the Mental Health Act 1983 for each person— a to whom paragraph (2), (3) or (4) applies; b who is a qualifying patient within the meaning of section 130C of the Mental Health Act 1983; and c for whom the ICB has core responsibility on the coming into force of these Regulations. 2 This paragraph applies to a person who— a was in detention under the Mental Health Act 1983 on the coming into force of these Regulations; and b either— i has not been discharged from that detention; or ii where the person has been discharged from that detention, has not been discharged from after-care services subsequent to that detention prior to being further detained under the Mental Health Act 1983. 3 This paragraph applies to a person who— a is detained under the Mental Health Act 1983 on or after the coming into force of these Regulations in pursuance of an application for detention made before these Regulations came into force; and b either— i has not been discharged from that detention; or ii where the person has been discharged from that detention, has not been discharged from after-care services subsequent to that detention prior to being further detained under the Mental Health Act 1983. 4 This paragraph applies to a person who— a was being provided with after-care services on the coming into force of these Regulations in relation to a period of detention under the Mental Health Act 1983 occurring before these Regulations came into force; b has not been discharged from those after-care services; c is detained under that Act after the coming into force of these Regulations (“detention 2”) (regardless of when the application for detention relating to detention 2 was made); and d either— i has not been discharged from detention 2; or ii where the person has been discharged from detention 2, has not been discharged from after-care services subsequent to detention 2 prior to being further detained under the Mental Health Act 1983. 5 In this regulation— a an application for detention, made in relation to a person, is an application for the person’s admission to a hospital or registered establishment made in accordance with Part 2 of the Mental Health Act 1983; b references to a person’s detention are to a person’s detention in a hospital or registered establishment. PART 3 Mental health after-care services After-care services: imposition of ICB responsibility 7 1 The duty imposed by section 117(2) of the Mental Health Act 1983 on an ICB to arrange for the provision of after-care services for a person to whom that section applies is to be imposed instead on another ICB (“ICB A”) in the circumstances described in paragraph (2), (3), (4) or (5). 2 The circumstances described in this paragraph are— a ICB A had responsibility to arrange for the provision of mental health services to the person during the detention to which the after-care services relate; and b the person is usually resident in England. 3 The circumstances described in this paragraph are— a the after-care services relate to a period of detention from which the person was discharged before these Regulations came into force; b ICB A has core responsibility for the person on the coming into force of these Regulations; and c the person is usually resident in England. 4 The circumstances described in this paragraph are— a the after-care services relate to a period of detention the provision of which was arranged by NHS England; b the period of detention began before these Regulations came into force; c the person is discharged from that period of detention on, or after, the coming into force of these Regulations; d ICB A had core responsibility for the person on the date of their discharge from that period of detention; e regulation 8 does not apply to the after-care services; and f the person is usually resident in England. 5 The circumstances described in this paragraph are— a the after-care services relate to a period of detention the provision of which was arranged by NHS England; b the period of detention began on, or after, the coming into force of these Regulations; c ICB A had core responsibility for the person on the first day of the person’s detention; d regulation 8 does not apply to the after-care services; and e the person is usually resident in England. After-care services: imposition of NHS England responsibility 8 1 The duty imposed by section 117(2) of the Mental Health Act 1983 on an ICB to arrange for the provision of after-care services for a person to whom that section applies is to be imposed instead on NHS England in the circumstances described in paragraph (2). 2 The circumstances described in this paragraph are that the person is receiving after-care services under section 117 of the Mental Health Act 1983 which, if it were being provided under the NHS Act 2006, would be a service the provision of which NHS England had a duty to arrange (see sections 3B and 4 of the NHS Act 2006). PART 4 Consequential amendments Consequential amendments of the CCG Regulations 2012 9 1 The CCG Regulations 2012 are amended as follows. 2 In regulation 1 (citation and commencement), in paragraph (2)— a omit sub-paragraph (b); b omit sub-paragraph (d)(ii). 3 In regulation 2 (interpretation), in paragraph (2), for the words “Parts 2, 4 and”, substitute “Part” . 4 Omit— a Part 2 (additional persons for whom a CCG has responsibility); b Part 4 (mental health after-care services); and c Schedule 1 (additional persons for whom a CCG has responsibility). Edward Argar Minister of State, Department of Health and Social Care At 10.50 a.m. on 9th June 2022