The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2025
Source: legislation.gov.uk (2025-03-31)

These Regulations amend the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996) (“the Standing Rules”). They are made under the National Health Service Act 2006 (c. 41) (“the 2006 Act”), as amended by the Health and Care Act 2022 (c. 31) (“the 2022 Act”), and they amend the requirements, or ‘standing rules’, imposed on NHS England and integrated care boards. On 1st July 2022, the NHS Commissioning Board was renamed NHS England and integrated care boards became the successors of clinical commissioning groups, in accordance with the 2022 Act.

Statutory Instruments

2025 No. 245

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2025

Made

27th February 2025

Laid before Parliament

3rd March 2025

Coming into force

1st April 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 3B(1)(c), 6E(1) and (2)(a), and 272(7) of the National Health Service Act 2006(1 (\"#f00001\")).

Before deciding to make regulations under section 3B of that Act, the Secretary of State obtained appropriate advice for that purpose and consulted NHS England in accordance with subsection (4) of that section(2 (\"#f00002\")).

Citation, commencement, extent and application

1. These Regulations—

(a)may be cited as the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2025;

(b)come into force on 1st April 2025;

(c)extend to England and Wales;

(d)apply in relation to England only.

Amendment of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

2.—(1) The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012(3 (\"#f00003\")) are amended as follows.

(2) In regulation 10 (services for prisoners and other detainees), in paragraph (2)(c), omit the words that follow “secure training centre”.

(3) In regulation 20, in paragraph (1)(4 (\"#f00004\"))—

(a)in the definition of “flat rate payment”, for “£235.88” substitute “£254.06”;

(b)in the definition of “high band payment”, for “£324.50” substitute “£349.50”.

(4) In Schedule 3, Part 2 (secure training centres and immigration removal centres)(5 (\"#f00005\"))—

(a)in the heading, for “Secure training centres and immigration removal centres” substitute “Immigration removal centres”;

(b)omit Table 1.

Signed by authority of the Secretary of State for Health and Social Care

Stephen Kinnock

Minister of State,

Department of Health and Social Care

27th February 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996 (\"http://www.legislation.gov.uk/id/uksi/2012/2996\")) (“the Standing Rules”). They are made under the National Health Service Act 2006 (c. 41) (\"http://www.legislation.gov.uk/id/ukpga/2006/41\") (“the 2006 Act”), as amended by the Health and Care Act 2022 (c. 31) (\"http://www.legislation.gov.uk/id/ukpga/2022/31\") (“the 2022 Act”), and they amend the requirements, or ‘standing rules’, imposed on NHS England and integrated care boards. On 1st July 2022, the NHS Commissioning Board was renamed NHS England and integrated care boards became the successors of clinical commissioning groups, in accordance with the 2022 Act.

Regulation 2 amends the Standing Rules as follows:

Paragraphs 2 and 4 amend regulation 10 and Schedule 3 to establish NHS England’s responsibility for commissioning healthcare services in a secure training centre. This amendment is made under section 3B(1) of the 2006 Act following appropriate advice and consultation with NHS England in accordance with section 3B(4).

Paragraph 3 amends regulation 20 to increase the rates for NHS funded nursing care payable by NHS England or an integrated care board.

A full impact assessment has not been prepared for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

(1)

2006 c. 41 (\"http://www.legislation.gov.uk/id/ukpga/2006/41\"). Section 3B(1) was amended by paragraph 1(1) of Schedule 1 to the Health and Care Act 2022 (c. 31) (\"http://www.legislation.gov.uk/id/ukpga/2022/31\"). Section 6E was inserted by section 20(1) of the Health and Social Care Act 2012 (c. 7) (\"http://www.legislation.gov.uk/id/ukpga/2012/7\"). Section 6E(1) was amended by section 78(2)(a) of the Health and Care Act 2022. Sections 6E(1) and (2)(a) were amended by paragraph 1(1) of Schedule 1 and paragraph 89(3) of Schedule 4 to that Act.

(2)

Section 3B(4) was amended by paragraph 1(1) of Schedule 1 to the Health and Care Act 2022 (c. 31) (\"http://www.legislation.gov.uk/id/ukpga/2022/31\").

(3)

S.I. 2012/2996 (\"http://www.legislation.gov.uk/id/uksi/2012/2996\") (“the Standing Rules”); relevant amending instruments are S.I. 2013/261 (\"http://www.legislation.gov.uk/id/uksi/2013/261\"), 2014/1611 (\"http://www.legislation.gov.uk/id/uksi/2014/1611\"), 2022/634 (\"http://www.legislation.gov.uk/id/uksi/2022/634\"), 2023/1071 (\"http://www.legislation.gov.uk/id/uksi/2023/1071\") and 2024/302 (\"http://www.legislation.gov.uk/id/uksi/2024/302\"). Under section 1 of the Health and Care Act 2022 (c. 31) (\"http://www.legislation.gov.uk/id/ukpga/2022/31\"), the NHS Commissioning Board was renamed NHS England. On 1st July 2022, in accordance with Chapter A3 of Part 2 of the National Health Service Act 2006 (c. 41) (\"http://www.legislation.gov.uk/id/ukpga/2006/41\") (as inserted by section 19 of the Health and Care Act 2022) and S.I. 2022/632 (\"http://www.legislation.gov.uk/id/uksi/2022/632\"), NHS England established integrated care boards to take on the commissioning functions of clinical commissioning groups. As a consequence of those changes, paragraph 1(1) of the Schedule to S.I. 2022/634 (\"http://www.legislation.gov.uk/id/uksi/2022/634\") substitutes references to “clinical commissioning groups” with “integrated care board” in the Standing Rules. Paragraph 1 of the Schedule to S.I. 2023/1071 (\"http://www.legislation.gov.uk/id/uksi/2023/1071\") substitutes references to the “NHS Commissioning Board” with “NHS England” in the Standing Rules. There are other amending instruments but none is relevant.

(4)

Relevant amendments to regulation 20 were made by S.I. 2014/1611 (\"http://www.legislation.gov.uk/id/uksi/2014/1611\") and 2024/302 (\"http://www.legislation.gov.uk/id/uksi/2024/302\").

(5)

Amendments to Table 2 in Part 2 of Schedule 3 are not relevant to these Regulations.