National Health Service, England Citation, commencement and extent 1 1 These Regulations may be cited as the National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023. 2 These Regulations come into force on 10th April 2023. 3 These Regulations extend to England and Wales. Amendment of the National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 2022 2 1 The National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 2022 are amended as follows. 2 After regulation 1 insert— Interpretation 1A In these Regulations— “ the 2006 Act ” means the National Health Service Act 2006; “ relevant body ” has the meaning given in regulation 2(1) of the Standing Rules; “ the Standing Rules ” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 . 3 In regulation 2 (joint working and delegation arrangements)— a for “the National Health Service Act 2006” substitute “the 2006 Act” ; b in paragraph (a), for “the National Health Service Act 2006” substitute “the 2006 Act” ; c at the end of sub-paragraph (b)(iii), omit “and”; d at the end of paragraph (c), for “.” substitute “; and” ; and e after paragraph (c) insert— d regulation 23 of the Standing Rules (the Board’s duty: reviewing decisions). . 4 After regulation 2 insert— Functions relating to NHS Continuing Healthcare and NHS funded nursing care 3 The power in section 65Z5(1) of the 2006 Act does not apply in relation to the functions of NHS England and integrated care boards arising under or by virtue of sections 3, 3A or 3B of the 2006 Act insofar as they relate to— a deciding whether a person has a primary health need in accordance with paragraph (5)(b) of regulation 21 of the Standing Rules (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare); and b determining whether a person has a need for nursing care in accordance with regulation 28 of the Standing Rules (persons who enter relevant premises or who develop a need for nursing care) but the power continues to apply in relation to an assessment of the need for nursing care under paragraph (1) of that regulation. . Saving provision: decisions and determinations relating to NHS Continuing Healthcare and NHS funded nursing care 3 1 This regulation applies where NHS England or an integrated care board has entered into a relevant delegation or joint working arrangement in the period beginning with 1st July 2022 and ending when this instrument comes into force. 2 Any determination or decision made on behalf of, or jointly with, NHS England or an integrated care board (“the delegating authorities”) pursuant to a relevant delegation or joint working arrangement continues to be effective as if the decision or determination was a decision or determination of the relevant delegating authority alone. 3 For the purposes of this regulation, a “relevant delegation or joint working arrangement” is an arrangement entered into by NHS England or an integrated care board with a relevant body pursuant to section 65Z5(1) of the 2006 Act for the exercise of their respective functions under or by virtue of sections 3, 3A of 3B of the 2006 Act insofar as they relate to— a deciding whether a person has a primary health need in accordance with paragraph (5)(b) of regulation 21 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (“the Standing Rules”); or b determining whether a person has a need for nursing care as prescribed by regulation 28 of the Standing Rules. Signed by authority of the Secretary of State for Health and Social Care Helen Whately Minister of State, Department of Health and Social Care 27th February 2023