The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2025
These regulations amend the 2012 National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations.
Key changes include updating the rates for NHS-funded nursing care, increasing the ‘flat rate payment’ from £235.88 to £254.06 and the ‘high band payment’ from £324.50 to £349.50.
The regulations also remove references to secure training centers from NHS England's commissioning responsibilities, focusing instead solely on immigration removal centers.
These amendments took effect on April 1st, 2025, and apply to England only, having been made under the authority of the National Health Service Act 2006.
Arguments For
Improved Efficiency and Accuracy: The updated payment rates for NHS-funded nursing care reflect current costs, ensuring fair compensation for providers and efficient allocation of resources.
Clarified Responsibilities: The amendments clarify NHS England's responsibilities for healthcare services in immigration removal centers, improving coordination and service delivery.
Legal Compliance: These regulations are made under the authority of the National Health Service Act 2006, ensuring legal compliance and maintaining the integrity of the NHS system.
Evidence-Based Decision Making: The Secretary of State consulted with NHS England and obtained appropriate advice before making these regulations, demonstrating a commitment to evidence-based policymaking.
Arguments Against
Potential Budgetary Implications: Increasing the rates for NHS-funded nursing care could have budgetary implications that require careful monitoring and management.
Unforeseen Consequences: Amendments to responsibilities regarding healthcare services might create unanticipated implications or challenges in implementation.
Alternative Approaches: The government might explore different ways to address potentially insufficient healthcare provision within immigration removal centers without amending standing regulations.
Complexity of Implementation: Updating financial rates and clarifying responsibilities across multiple levels of the NHS might be complex to implement without thorough communication and support.
- Citation, commencement, extent and application (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.
This section details the citation, effective date, geographical scope, and application of the regulations.
The regulations are officially titled the 'National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2025' and came into force on April 1st, 2025.
While extending to both England and Wales in principle, the regulations only apply to England in practice.
- Amendment of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (1) The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 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)— (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)— (a) in the heading, for “Secure training centres and immigration removal centres” substitute “Immigration removal centres”; (b) omit Table 1.
This section outlines specific amendments to the 2012 regulations.
It removes references to 'secure training centers' from regulation 10, concerning services for prisoners and detainees, focusing future NHS commissioning efforts solely on immigration removal centers.
Further, this section increases the flat rate payment for NHS-funded nursing care from £235.88 to £254.06 and the high band payment from £324.50 to £349.50 within regulation 20.
Finally, it removes Table 1 from Schedule 3, Part 2, aligning the title to solely reflect 'Immigration removal centers' instead of including 'Secure training centers'.
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
This section contains the signature and ministerial authorisation of the regulations, confirming their official endorsement by the Minister of State for the Department of Health and Social Care on February 27th, 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) (“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. 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.
The explanatory note provides context and justification for the amendments.
It clarifies that the changes are made under the 2006 Act, as amended by the 2022 Act, and that they update the responsibilities of NHS England and integrated care boards.
The Note explains that the amendments to regulations 10 and Schedule 3 clarify NHS England's responsibility for healthcare services in immigration removal centers, while the changes to regulation 20 increase rates for NHS-funded nursing care.
The note further states that a full impact assessment was deemed unnecessary due to an anticipated lack of significant impact on various sectors.
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