National Health Service, England PART 1 General Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013, and come into force on 1st April 2013. 2 In these Regulations— “ the 2006 Act ” means the National Health Service Act 2006; “ the 2012 Act ” means the Health and Social Care Act 2012; ... ... “ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the 2006 Act. “ NHS England ” means the body corporate established under section 1H of the 2006 Act. PART 2 Exercise of EU functions by NHS England Interpretation of Part 2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exercise of functions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for applications 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time for determination of an application 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form and content of determination 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CCGs 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications made before 1st April 2013 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Notification of births and deaths Relevant bodies 9 The relevant bodies for the purposes of section 269(2) and (4) of the 2006 Act (special notices of births and deaths), are— a NHS England ; b a local authority whose area includes the whole or part of the registrar's sub-district; and c an integrated care board whose area coincides with or includes the whole or part of the registrar's sub-district. Manner and time for furnishing particulars 10 1 The registrar must furnish the particulars of each birth and death entered in a register of births or deaths kept by the registrar for that sub-district, to each of the relevant bodies specified in regulation 9, by no later than 14 days from the date on which they are entered in that register. 2 Particulars furnished under paragraph (1) must be provided in writing. Person to whom particulars of birth or death are to be given 11 Particulars furnished under regulation 10 must be given, in the case of— a NHS England , to a person nominated for these purposes by the chief executive of NHS England ; b a local authority, to the director of public health for the authority ; c an integrated care board, to a person nominated for these purposes by the chief executive of the integrated care board. Revocation 12 The National Health Service (Notification of Births and Deaths) Regulations 1982 are revoked in relation to England. PART 4 Integrated care board joint exercise of functions with Local Health Boards Functions of an integrated care board exercisable jointly with a Local Health Board 13 The functions of an integrated care board exercisable under the provisions listed in the Schedule may, subject to such restrictions and conditions as the integrated care board considers appropriate, be exercised jointly with a Local Health Board. Joint committees of an integrated care board and a Local Health Board 14 Any of the functions of an integrated care board that may be exercisable by an integrated care board jointly with a Local Health Board under regulation 13 may be exercised by a joint committee of the integrated care board and the Local Health Board. PART 5 Staff transfer schemes Prescribed public authorities 15 For the purposes of the seventh and sixteenth entries in column 2 of the Table in Schedule 23 to the 2012 Act (staff transfer schemes - permitted transferees), the prescribed public authorities exercising functions in relation to health are— a a National Health Service trust established under section 25 of the 2006 Act ( NHS Trusts); and b an NHS foundation trust established under section 30 of the 2006 Act (NHS foundation trusts). PART 6 Mental health Amendment of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 16 1 The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 are amended as follows. 2 In regulation 2 (interpretation)— a for the definition of “commissioning body” substitute— “ commissioning body ” means a local social services authority whose area is in England; ; and b for the definition of “section 130A functions” substitute— “ section 130A functions ” means the functions under section 130A of the Act of a local social services authority whose area is in England. . 3 For regulation 3 (directions in respect of section 130A functions), substitute— Circumstances in which a person may be appointed to be an Independent Mental Health Advocate 3 1 A commissioning body, in exercising section 130A functions, may enter into arrangements to appoint an individual to act as an IMHA only if the commissioning body is satisfied that the conditions set out in regulation 6 are satisfied. 2 A commissioning body, in exercising section 130A functions, may enter into arrangements with a provider of advocacy services only if such arrangements include a term that the provider is satisfied that the conditions set out in regulation 6 are satisfied in respect of an individual made available by the provider to act as an IMHA. 3 A commissioning body may only enter into the arrangements described in paragraphs (1) or (2) above where it has had due regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients. 4 Omit regulation 4 (amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 ). 5 Omit regulation 5 (amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 ). Prescribed integrated care board for the purposes of section 236 of the 2006 Act 17 The integrated care board prescribed for the purposes of section 236 of the 2006 Act (payments for certain medical examinations), for the purpose of paying a medical practitioner who carries out a medical examination of any person with a view to an application for admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983, is as follows— a where the person examined is usually resident in the area of an integrated care board , the integrated care board for that area; b where sub-paragraph (a) does not apply, the integrated care board for the area in which the person was examined. PART 7 Amendments to NHS England and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 Interpretation of Part 7 18 In this Part— “ the Principal Regulations ” means NHS England and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 . Amendment of regulation 5 of the Principal Regulations 19 In regulation 5 of the Principal Regulations (interpretation of Part 3)— a after the definition of “emergency services”, insert the following definition— “ mandatory dental services ” means dental services which are equivalent in nature to services which must be provided under a general dental services contract by virtue of provision in regulation 14 of the National Health Services (General Dental Services Contracts) Regulations 2005 (mandatory services); ; and b after the definition of “secondary care services”, insert the following definition— “ sedation services ” means a course of treatment provided to a patient in connection with the provision to that patient of mandatory dental services during which the provider of that treatment administers one or more drugs to the patient which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation— the drugs and techniques used to provide the sedation are deployed by the provider of the treatment in a manner that ensures loss of consciousness is rendered unlikely; and verbal contact with the patient is maintained in so far as is reasonably possible; . Amendment of regulation 10 of the Principal Regulations 20 In regulation 10 of the Principal Regulations (services for prisoners and other detainees)— a in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph— a community services (including mandatory dental services and sedation services); ; and b in paragraph (2)(e), delete the words “(except Ashfield Young Offender Institution)”. PART 8 Public health Amendment of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 21 In regulation 14 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (responsibilities of directors of public health), after paragraph (b) insert— c any of the authority's functions arising from its duty to provide, or arrange the provision of, healthy start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005. . Signed by authority of the Secretary of State for Health. Earl Howe Parliamentary Under-Secretary of State, Department of Health