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PART 1 INTRODUCTORY
Citation and commencement
1
1
These Regulations may be cited as the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010 and shall come into force on 29 th July 2010.
Revocation
2
1
The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2009 (“the 2009 Regulations”) are hereby revoked .
Interpretation
3
1
In these Regulations –
“the 1989 Act” means the Electricity Act 1989;
“the Authority” means the Gas and Electricity Markets Authority;
“best and final offer” means a submission by a qualifying bidder to the Authority in response to the best and final offer documentation issued in accordance with regulation 17(3);
“bidder” means any person who submits a pre-qualification questionnaire to the Authority in accordance with these Regulations;
“bidder group” means two or more persons approved by the Authority acting together for the purposes of any submission to the Authority in accordance with these Regulations;
“confidentiality agreement” means the standard form agreement between a developer and a qualifying bidder in respect of confidential information disclosed in connection with a tender exercise;
“connection offer” means an offer by the holder of a co-ordination licence of a connection to or modification of a connection to the transmission system;
“cost recovery methodology” means the methodology for calculating and recovering the Authority’s tender costs in relation to a particular tender exercise published by the Authority in accordance with regulation 9(4);
“data room” means a secure store of information in respect of a qualifying project to be maintained by the Authority;
“developer” means any person within section 6D(2)(a) of the 1989 Act;
“entry conditions” means the conditions specified in paragraph 1 or 2 of Schedule 2;
“information memorandum” means a memorandum of that description issued by the Authority to a qualifying bidder containing in summary form information in respect of a qualifying project;
“preferred bidder” has the meaning given in paragraph 35(1) of Schedule 2A to the 1989 Act;
“pre-qualification questionnaire” means a questionnaire of that description published by the Authority in accordance with regulation 11(1);
“qualification to tender questionnaire” means a questionnaire of that description published by the Authority in accordance with regulation 13(2);
“qualifying bidder” means a bidder determined as a qualifying bidder in accordance with regulation 12(1);
“qualifying project” means a project as determined in accordance with regulation 6(3);
“reserve bidder” means a qualifying bidder determined as a reserve bidder in accordance with regulation 17(5) in relation to the best and final offer stage or regulation 16(4) in any other case;
“security” includes a charge over a bank account or any other asset, a deposit of money, a performance bond or bank guarantee, an insurance policy or a letter of credit;
“tender” means a submission by a qualifying bidder to the Authority in response to the invitation to tender documentation issued in accordance with regulation 15(2);
“tender rules” means the rules in relation to a particular tender exercise published by the Authority in accordance with regulation 9(4);
“transfer agreement” means the agreement to transfer any property interests, rights or liabilities in or relating to transmission assets from a developer to a successful bidder in respect of a qualifying project subject to a transitional tender exercise;
“transmission assets” has the meaning given in paragraph 1(3)(a) of Schedule 2A to the 1989 Act; and
“transmission services” has the meaning given in the standard conditions of a transmission licence.
2
Any notice required to be given by the Authority in accordance with these Regulations shall be given by publication in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
PART 2 CALCULATION AND PAYMENT OF COSTS INCURRED IN CONNECTION WITH TRANSMISSION ASSETS FOR A TRANSITIONAL TENDER EXERCISE
Calculation of costs incurred in connection with transmission assets
4
1
In respect of a transitional tender exercise, the Authority shall calculate, based on all relevant information available to the Authority at that time, the economic and efficient costs which ought to be, or ought to have been, incurred in connection with developing and constructing the transmission assets in respect of a qualifying project in accordance with paragraph (2).
2
The calculation of costs in paragraph (1) shall be–
a
where the construction of the transmission assets has not reached the stage when those transmission assets are available for use for the transmission of electricity, an estimate of the costs which ought to be incurred in connection with the development and construction of those transmission assets, or
b
where the construction of the transmission assets has reached the stage when those transmission assets are available for use for the transmission of electricity, an assessment of the costs which ought to have been incurred in connection with the development and construction of those transmission assets.
3
In order to provide bidders, qualifying bidders, the preferred bidder, reserve bidder or successful bidder with the most accurate estimate of the costs which ought to be incurred in connection with developing and constructing the transmission assets in respect of a qualifying project, the Authority may request the developer to provide further information at a particular stage of a tender exercise for the purposes of enabling those bidders, qualifying bidders, or that preferred bidder, reserve bidder or successful bidder to take into account the most accurate estimate of the costs in order to meet any requirements of that particular stage.
4
Where the Authority considers that the information provided by the developer in accordance with paragraph (3) is a material change from the information already available to the Authority, it may, in order to provide bidders, qualifying bidders, the preferred bidder, reserve bidder or successful bidder with the most accurate estimate of the costs, undertake one or more further estimates of the costs which ought to be incurred in connection with the development and construction of those transmission assets, as it considers necessary, until such time as those transmission assets are available for use for the transmission of electricity in respect of that qualifying project.
5
Where the Authority–
a
has previously estimated the costs in accordance with paragraph (2)(a) or (4); and
b
is satisfied with the evidence provided by the developer that those transmission assets are available for use for the transmission of electricity,
the Authority shall, as soon as reasonably practicable, assess the costs which ought to have been incurred in connection with the development and construction of those transmission assets.
6
Where the Authority has determined to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project in accordance with regulation 23(2), the assessment undertaken in accordance with paragraph (2)(b) or (5) shall be used by the Authority to determine the value of the transmission assets to be transferred to the successful bidder.
Payment of costs
5
1
Where the Authority has estimated the costs in accordance with regulation 4(2)(a) or 4(4) in relation to a particular qualifying project, it shall, prior to the grant of an offshore transmission licence to the successful bidder in relation to that qualifying project, give notice to the developer to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to its costs in estimating the economic and efficient costs which ought to be incurred in connection with developing and constructing the transmission assets in respect of that qualifying project.
2
Where the Authority has assessed the costs in accordance with regulation 4(2)(b) or 4(5) in relation to a particular qualifying project, it shall, as soon as reasonably practicable after the transitional tender exercise in relation to that qualifying project has been held in accordance with these Regulations, give notice to the successful bidder to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to its costs in assessing the economic and efficient costs which ought to have been incurred in connection with developing and constructing the transmission assets in respect of that qualifying project.
PART 3 QUALIFYING PROJECTS AND DEVELOPER’S PAYMENT AND SECURITY
Qualifying projects
6
1
A developer who wishes the Authority to publish a notice in accordance with regulation 9 in order to commence a tender exercise, shall make a request to that effect in writing to the Authority.
2
Where the Authority has received one or more requests in accordance with paragraph (1), the Authority shall, as soon as reasonably practicable thereafter, determine whether each of those requests relate to a qualifying project.
3
A qualifying project is a project of which the Authority is satisfied–
a
in the case of a transitional tender exercise, it is one where either–
i
the requirements specified in paragraph 2 of Schedule 1 have been met; or
ii
the provision specified in paragraph 3 of Schedule 1 applies; or
b
in any other case, it is one where the requirements specified in paragraph 1 of Schedule 1 have been met.
4
For the purposes specified in paragraph (3)(b), the Authority may determine that the requirement in paragraph 1(a) of Schedule 1 is met where–
a
the connection offer has been referred to the Authority for determination in accordance with the provisions of a transmission licence; and
b
the matter that has been referred to the Authority would not, in the opinion of the Authority, have a material impact on the design of the changes required to be made to the transmission system as specified in that connection offer.
5
The Authority may request the developer to provide any other information it considers necessary in order to carry out its assessment in relation to paragraphs 1, 2 or 3 of Schedule 1.
6
Where the Authority determines that a request relates to a qualifying project in accordance with paragraph (2), it shall give notice of that fact to the developer who made the request.
7
Where the Authority determines that a request does not relate to a qualifying project in accordance with paragraph (2), it shall give notice of that fact to the developer who made the request and give reasons for its determination.
8
Where the developer disagrees with the Authority’s determination as notified to the developer in accordance with paragraph (7), the developer may make representations in writing to the Authority within seven days from receipt of the notice.
9
The Authority shall consider any representations received from a developer in accordance with paragraph (8) and decide whether to amend its determination made in accordance with paragraph (2).
10
The Authority shall give notice to the developer of the decision made in accordance with paragraph (9) and give reasons for its decision.
Developer’s payment and security
7
1
Prior to publishing a notice in accordance with regulation 9, the Authority shall give notice to the developer of–
a
the amount of payment that the Authority requires to be paid by the developer in relation to the Authority’s tender costs as calculated in accordance with the Authority’s cost recovery methodology for that tender exercise; and
b
the security that the Authority requires to be provided by the developer or such other person with whom the developer has made arrangements and has been approved by the Authority, in relation to the Authority’s tender costs as calculated in accordance with the Authority’s cost recovery methodology for that tender exercise.
PART 4 ENTRY CONDITIONS
Entry conditions in respect of qualifying projects
8
1
In respect of a qualifying project, the Authority shall notify the developer of–
a
the information that the Authority requires in order to be satisfied–
i
in the case of a transitional tender exercise, that the conditions specified in paragraph 2 of Schedule 2 have been met in respect of that particular qualifying project; or
ii
in any other case, that the conditions specified in paragraph 1 of Schedule 2 have been met in respect of that particular qualifying project; and
b
the date by which each of the conditions specified in paragraph 1 or 2 of Schedule 2, as the case may be, must be met by the developer in respect of that qualifying project.
2
The Authority shall give notice to the developer in accordance with paragraph (1) at a time determined by the Authority.
3
The Authority may request the developer to provide any other information it considers necessary in order to satisfy itself that the conditions specified in paragraph 1 or 2 of Schedule 2, as the case may be, have been met.
4
Where the Authority is satisfied that the conditions specified in paragraph 1 or 2 of Schedule 2, as the case may be, have been met in accordance with paragraph (1), it shall give notice of that fact to the developer.
PART 5 COMMENCEMENT OF A TENDER EXERCISE
Commencement of a tender exercise
9
1
As soon as reasonably practicable after the Authority–
a
has determined that one or more requests relate to a qualifying project in accordance with regulation 6;
b
has received payment and security from the developer in accordance with regulation 7; and
c
is satisfied that any conditions specified in paragraph 1 or 2 of Schedule 2, as the case may be, which must be met by the developer prior to the publication of a notice under this Regulation, have been met pursuant to regulation 8(1)(b),
the Authority shall publish a notice of its intention to commence a tender exercise in respect of those determined qualifying projects specifying the date on which the tender exercise shall be commenced in a given calendar year.
2
The Authority may, after consulting a developer in respect of a particular qualifying project, publish a notice specifying the date on which that particular tender exercise in respect of that particular qualifying project shall be commenced (which may be earlier or later than the date specified in accordance with paragraph (1)).
3
Where the Authority has published a notice in accordance with paragraph (1) or (2) and the Authority subsequently determines that it is impracticable to commence a tender exercise on the date specified in that notice, the Authority shall publish a notice specifying a revised date on which that tender exercise shall be commenced.
4
The Authority shall publish the tender rules and the cost recovery methodology no later than the date on which the tender exercise is to be commenced as specified in a notice published in accordance with paragraph (1), (2) or (3).
PART 6 STAGES OF A TENDER EXERCISE
Stages of a tender exercise
10
1
A tender exercise to be held in accordance with these Regulations shall comprise the following stages–
a
a pre-qualification stage in order to determine which bidders shall become qualifying bidders in respect of all qualifying projects within that tender exercise;
b
a qualification to tender stage in order to determine which qualifying bidders shall be invited to participate in an invitation to tender stage in respect of each qualifying project within that tender exercise;
c
an invitation to tender stage in order to determine which qualifying bidders shall be selected to become preferred bidders or reserve bidders in respect of each qualifying project within that tender exercise;
d
in the event that the Authority considers that it is unable to determine a preferred bidder in respect of a particular qualifying project, a best and final offer stage in respect of that particular qualifying project; and
e
a preferred bidder stage in order to determine the successful bidders to whom offshore transmission licences are to be granted in respect of each qualifying project with that tender exercise.
PART 7 PRE-QUALIFICATION STAGE
Pre-qualification
11
1
On the date specified in the notice published in accordance with regulation 9, the Authority shall commence the pre-qualification stage by publishing the pre-qualification documentation, which shall include the information specified in Schedule 3.
Determination of qualifying bidders at the pre-qualification stage
12
1
The Authority shall evaluate each completed pre-qualification questionnaire submitted to it by a bidder in accordance with the selection criteria set out in the pre-qualification documentation, in order to determine which bidders shall become qualifying bidders in respect of all qualifying projects within that tender exercise and be invited to participate in the qualification to tender stage in accordance with regulation 13.
2
The Authority may decline to consider a pre-qualification questionnaire submitted to it by a bidder where the Authority determines that the submitted pre-qualification questionnaire does not comply in any material respect with the requirements specified in the pre-qualification documentation issued in accordance with regulation 11(1).
3
The Authority shall give notice to each bidder of its determination in accordance with paragraph (1) or (2) and give reasons for its determination.
PART 8 QUALIFICATION TO TENDER STAGE
Qualification to tender
13
1
In respect of the qualification to tender stage the Authority shall publish–
a
the confidentiality agreement in respect of each qualifying project to be signed and submitted to the Authority by qualifying bidders; and
b
any instructions that apply to the confidentiality agreement including the date, time and manner in which that confidentiality agreement is to be submitted to the Authority.
2
As soon as reasonably practicable after a qualifying bidder has submitted one or more signed confidentiality agreements in respect of particular qualifying projects to the Authority in accordance with paragraph (1), the Authority shall issue to that qualifying bidder the qualification to tender documentation, which shall include the information specified in Schedule 4.
3
The Authority shall invite all qualifying bidders who have been issued the qualification to tender documentation in accordance with paragraph (2) to submit a completed qualification to tender questionnaire in respect of one or more qualifying projects in accordance with the requirements set out in the qualification to tender documentation.
Determination of qualifying bidders to be invited to participate in the invitation to tender stage
14
1
The Authority shall evaluate each completed qualification to tender questionnaire submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the qualification to tender documentation, in order to determine which qualifying bidders shall be invited to participate in the invitation to tender stage in respect of each qualifying project.
2
The Authority may decline to consider a qualification to tender questionnaire submitted to it by a qualifying bidder where the Authority determines that the submitted qualification to tender questionnaire does not comply in any material respect with the requirements specified in the qualification to tender documentation issued in accordance with regulation 13(2).
3
The Authority shall give notice to each qualifying bidder of its determination in accordance with paragraph (1) or (2) and give reasons for its determination.
PART 9 INVITATION TO TENDER STAGE
Invitation to tender
15
1
In respect of the invitation to tender stage, the Authority shall give notice to all qualifying bidders of the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the invitation to tender stage of that tender exercise.
2
As soon as reasonably practicable after a qualifying bidder has made the payment referred to in paragraph (1), the Authority shall issue to that qualifying bidder the invitation to tender documentation, which shall include the information specified in Schedule 5.
3
The Authority shall invite all qualifying bidders who have been issued the invitation to tender documentation in accordance with paragraph (2) to submit a tender for providing offshore transmission services in respect of one or more qualifying projects in accordance with the requirements set out in the invitation to tender documentation.
4
The submission of a tender by a qualifying bidder is an application for the grant of an offshore transmission licence to that qualifying bidder where that qualifying bidder becomes the successful bidder in accordance with these Regulations.
Determination of preferred bidders at the invitation to tender stage
16
1
The Authority shall evaluate each tender in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the invitation to tender documentation, in order to determine which qualifying bidder shall become the preferred bidder in respect of that qualifying project.
2
The Authority may decline to consider a tender submitted to it by a qualifying bidder where the Authority determines that the submitted tender does not comply in any material respect with the requirements specified in the invitation to tender documentation issued in accordance with regulation 15(2).
3
Where the Authority considers that it is unable to determine the preferred bidder in accordance with paragraph (1), it may hold a best and final offer stage in accordance with regulation 17.
4
The Authority may evaluate each tender in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the invitation to tender documentation, in order to determine which qualifying bidder shall become the reserve bidder in respect of that qualifying project.
PART 10 BEST AND FINAL OFFER STAGE
Best and final offer
17
1
Where regulation 16(3) applies, the Authority shall determine in accordance with the evaluation criteria set out in the invitation to tender documentation, which qualifying bidders shall be invited to participate in a best and final offer stage.
2
The Authority shall give notice to each qualifying bidder as to whether they have or have not been invited to participate in a best and final offer stage.
3
The Authority shall issue to the selected qualifying bidders the best and final offer documentation, which shall include the information specified in Schedule 6.
4
The Authority shall evaluate each best and final offer in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the best and final offer documentation, in order to determine which qualifying bidder shall become the preferred bidder in respect of that qualifying project.
5
The Authority may evaluate each best and final offer in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the best and final offer documentation, in order to determine which qualifying bidder shall become the reserve bidder in respect of that qualifying project.
6
The Authority may decline to consider a best and final offer submitted to it by a qualifying bidder where the Authority determines that the submitted best and final offer does not comply in any material respect with the requirements specified in the best and final offer documentation issued in accordance with paragraph (3).
PART 11 PREFERRED BIDDER STAGE
Notification of preferred bidder and reserve bidder
18
1
As soon as reasonably practicable after the Authority has determined the preferred bidder in respect of a particular qualifying project in accordance with regulation 16(1) or 17(4), it shall publish a notice to that effect.
2
As soon as reasonably practicable after the Authority has determined the reserve bidder in respect of a particular qualifying project in accordance with regulation 16(4) or 17(5), it shall give notice of that fact to that reserve bidder.
3
The notice referred to in paragraph (1) must–
a
specify the name and address of the preferred bidder; and
b
describe, in general terms, the matters to be resolved by the preferred bidder to the Authority’s satisfaction as specified in paragraph (4), before that preferred bidder becomes the successful bidder in accordance with regulation 23(1).
4
The matters referred to in paragraph (3)(b) shall include–
a
that the preferred bidder has established necessary arrangements to provide offshore transmission services for that particular qualifying project;
b
that the preferred bidder has in place a bilateral agreement with the holder of a co-ordination licence to provide transmission services for that particular qualifying project;
c
that the preferred bidder has acceded to the contractual framework which defines the relationship between the holder of a co-ordination licence and any provider of transmission services that the co-ordination licence requires the holder of a co-ordination licence to have in force; and
d
any other matters which the Authority may determine are necessary in relation to that particular qualifying project.
5
As soon as reasonably practicable after the Authority has published a notice in accordance with paragraph (1), it shall give notice to the preferred bidder as to–
a
how the matters referred to in paragraph (4) shall be satisfied and by what date; and
b
the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the preferred bidder stage of that tender exercise.
6
Where–
a
the matters referred to in paragraph (4) are not resolved by the preferred bidder to the Authority’s satisfaction in accordance with the notice issued by virtue of paragraph (5)(a);
b
the preferred bidder fails to make the payment referred to in paragraph (5)(b);
c
the preferred bidder withdraws from the tender exercise in respect of that qualifying project in accordance with regulation 19(1); or
d
the preferred bidder is disqualified from the tender exercise in accordance with regulation 22(1),
the Authority may withdraw the notice published in accordance with paragraph (1) by publishing a further notice to that effect.
7
Where the Authority has published a further notice in accordance with paragraph (6), it shall discontinue the tender exercise with the preferred bidder and may determine to treat the reserve bidder (where such reserve bidder has been determined in accordance with regulation 16(4) or 17(5)), as if that reserve bidder were the preferred bidder in respect of a particular qualifying project.
8
Paragraphs (1) and (3), (4), (5) and (6) shall apply in circumstances where the Authority determines to treat the reserve bidder as if it were the preferred bidder.
9
The Authority shall give notice to any qualifying bidder of the fact that it is not a preferred bidder or a reserve bidder.
PART 12 WITHDRAWAL
Withdrawal
19
1
A bidder, qualifying bidder, preferred bidder, reserve bidder, successful bidder or bidder group may withdraw from the tender exercise in respect of a particular qualifying project by giving notice in writing of that fact to the Authority.
2
Where a bidder or qualifying bidder withdraws from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), that bidder or qualifying bidder may only be re-admitted to the tender exercise in respect of that or any other qualifying project, where there has been a permitted change to the membership of the bidder group incorporating that bidder or qualifying bidder in accordance with regulation 28.
3
Where a preferred bidder, reserve bidder or successful bidder withdraws from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), that preferred bidder, reserve bidder or successful bidder shall not be re-admitted to that tender exercise in respect of that qualifying project.
4
Where a bidder, qualifying bidder, preferred bidder, reserve bidder, successful bidder or bidder group has withdrawn from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), any payment provided to the Authority by that bidder, qualifying bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have accrued on that payment, will only be repaid by the Authority in accordance with the Authority’s cost recovery methodology in relation to that tender exercise.
PART 13 CANCELLATION AND TREATMENT OF PAYMENTS AND SECURITY ON CANCELLATION
Cancellation
20
1
Where the Authority is satisfied that one or more of the events in Schedule 7 are occurring or have occurred in respect of a qualifying project, it may, in the circumstances specified in paragraph (2), publish a notice cancelling that qualifying project from the tender exercise.
2
The circumstances in which the Authority may publish a notice in accordance with paragraph (1) are that the Authority has–
a
given seven days notice of its intention to cancel the qualifying project from the tender exercise; and
b
considered any representations which have been duly made in relation to the notice published in accordance with sub-paragraph (a).
3
Where the Authority has published a notice in accordance with paragraph (1), the Authority may–
a
re-run that tender exercise in respect of that qualifying project, from the beginning or a particular stage of that tender exercise in accordance with these Regulations; or
b
determine that the tender exercise in respect of that qualifying project has failed.
4
In the event that no preferred bidder, reserve bidder or successful bidder is determined pursuant to a tender exercise run as a consequence of a decision taken in accordance with paragraph (3), the Authority may–
a
re-run a further tender exercise in respect of that qualifying project, from the beginning or a particular stage of that tender exercise in accordance with these Regulations; or
b
determine that the tender exercise in respect of that qualifying project has failed.
5
Where the Authority determines that the tender exercise has failed in accordance with paragraph (3)(b) or (4)(b), that tender exercise is finished in respect of that qualifying project.
Treatment of payments and security on cancellation
21
1
This regulation applies where the Authority cancels a qualifying project from a tender exercise in accordance with regulation 20(1) (whether or not that tender exercise in respect of that qualifying project is re-run or is determined as failed).
2
Where one or more of the events in paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (s) of Schedule 7 are occurring or have occurred in respect of a qualifying project, the Authority shall, in accordance with its cost recovery methodology–
a
not repay wholly or in part any payment that has been made by a bidder, qualifying bidder, preferred bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment;
b
repay to the developer wholly or in part the payment that has been made in accordance with regulation 7(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
c
release to the developer or person approved by the Authority with whom the developer has made arrangements, wholly or in part the security that has been provided in accordance with regulation 7(1)(b), including any interest which may have been accrued where that security provided is a monetary deposit.
3
Where one or more of the events in paragraphs (a), (l), (m), (n), (o), (p), (q) and (r) of Schedule 7 are occurring or have occurred in respect of a qualifying project, the Authority shall, in accordance with its cost recovery methodology–
a
repay to a bidder, qualifying bidder, preferred bidder or successful bidder wholly or in part any payment that has been made by that bidder, qualifying bidder, preferred bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment;
b
not repay wholly or in part the payment that has been made in accordance with regulation 7(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
c
determine that the security provided in accordance with regulation 7(1)(b) shall be forfeited wholly or in part, including any interest which may have been accrued where that security provided is a monetary deposit.
PART 14 DISQUALIFICATION FROM A TENDER EXERCISE
Disqualification
22
1
Where the Authority is satisfied that one or more of the events in Schedule 8 are occurring or have occurred and that the occurrence would materially affect the outcome of the tender exercise, it shall disqualify that developer, bidder, qualifying bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, from the tender exercise in respect of that and any other qualifying project by giving notice of that fact to that developer, bidder, qualifying bidder, preferred bidder, reserve bidder or successful bidder, as the case may be.
2
Where the developer has been disqualified in accordance with paragraph (1), the Authority shall in accordance with its cost recovery methodology–
a
not repay wholly or in part the payment that has been made in accordance with regulation 7(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
b
determine that the security provided in accordance with regulation 7(1)(b) shall be forfeited wholly or in part, including any interest which may have been accrued where that security provided is a monetary deposit.
3
Where a bidder or qualifying bidder has been disqualified in accordance with paragraph (1), the Authority shall in accordance with its cost recovery methodology not repay wholly or in part any payment that has been made by that bidder or qualifying bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment.
4
Where a bidder, qualifying bidder, preferred bidder or reserve bidder, as the case may be, is disqualified from the tender exercise in accordance with paragraph (1), no document, tender or any information submitted by that bidder, qualifying bidder, preferred bidder or reserve bidder to the Authority shall be taken into consideration for the purpose of determining the successful bidder in respect of each qualifying project.
PART 15 NOTIFICATION OF SUCCESSFUL BIDDER
Notification of successful bidder
23
1
Where the Authority is satisfied that the preferred bidder has resolved the matters described in the notice published in accordance with regulation 18(5), that preferred bidder shall become the successful bidder.
2
As soon as reasonably practicable after the Authority has determined to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project it shall publish a notice to that effect.
3
The notice shall specify the name and address of the successful bidder.
4
The Authority shall give notice to the successful bidder of the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the offshore transmission licence grant stage of that tender exercise.
Information in respect of successful bidder
24
1
Subject to paragraph (3), the Authority shall as soon as practicable after a determination has been made in accordance with regulation 23(2), give notice to each qualifying bidder of its determination in relation to the successful bidder in respect of that qualifying project.
2
The notice referred to in paragraph (1) shall include–
a
the evaluation criteria applied by the Authority in evaluating tenders;
b
the reasons for the determination, including the characteristics and relative advantages of the successful tender;
c
the result obtained by–
i
the qualifying bidder which is to receive the notice; and
ii
the successful bidder;
d
the name of the successful bidder; and
e
a statement of when the period specified in paragraph (5) is expected to end.
3
The Authority may withhold any information to be provided in accordance with paragraph (1) where the disclosure of such information–
a
would impede law enforcement;
b
would otherwise be contrary to law;
c
would otherwise be contrary to the public interest;
d
would prejudice the legitimate commercial interests of any qualifying bidder; or
e
may prejudice fair competition between qualifying bidders.
4
Where paragraph (1) applies, the Authority shall not grant an offshore transmission licence to the successful bidder before the end of the period specified in paragraph (5).
5
Where the Authority gives notice to each qualifying bidder in accordance with paragraph (1), it shall allow a period to elapse ending not before midnight at the end of the tenth working day after the date on which the notices referred to in paragraph (1) are given.
6
As soon as reasonably practicable after the end of the period specified in paragraph (5), the Authority shall confirm its determination made pursuant to regulation 23(2), to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project and shall publish a notice to that effect.
7
Where the Authority publishes a notice in accordance with paragraph (6), that tender exercise is finished in respect of that qualifying project.
PART 16 COST RECOVERY
Recovery of tender costs
25
1
The Authority shall recover its tender costs in relation to a tender exercise in accordance with the Authority’s cost recovery methodology published pursuant to regulation 9(4).
2
The Authority shall give notice to the developer in respect of any payment or security required in accordance with these Regulations of–
a
the amount of the payment or the nature of the security;
b
the date and time by which it is to be made or provided; and
c
the manner in which it is to be made or provided,
as calculated in accordance with the Authority’s cost recovery methodology.
3
The Authority shall give notice to a bidder, qualifying bidder, preferred bidder or successful bidder in respect of any payment required in accordance with these Regulations of–
a
the amount of the payment;
b
the date and time by which it is to be made; and
c
the manner in which it is to be made,
as calculated in accordance with the Authority’s cost recovery methodology.
4
As soon as reasonably practicable after a tender exercise is finished, the Authority shall–
a
calculate its total tender costs in relation to that particular tender exercise; and
b
undertake an aggregation of–
i
the payments made in accordance with these Regulations by a developer, bidder, qualifying bidder, preferred bidder or successful bidder and not repaid; and
ii
the value of any security forfeited in accordance with these Regulations by the developer or person approved by the Authority with whom the developer has made arrangements in accordance with regulation 7(1)(b),
in order to identify whether the total of the payments made and the security provided exceeds the Authority’s total tender costs in respect of that particular tender exercise.
5
Where the total amount identified as a result of the aggregation undertaken in accordance with paragraph (4)(b) exceeds the total tender costs incurred by the Authority in respect of that particular tender exercise, the Authority shall as soon as reasonably practicable after that tender exercise is finished-
a
repay wholly or in part any payment that has been made which exceeds the tender costs to any person in paragraph (4)(b)(i) who made the payment, including any interest which may have been accrued on the whole or part of that payment; and
b
release wholly or in part the security that has been provided which exceeds the tender costs to any person in paragraph (4)(b)(ii) who provided that security, including any interest which may have been accrued where that security provided is a monetary deposit,
in accordance with the Authority’s cost recovery methodology in relation to that tender exercise, so as to ensure that the Authority’s total tender costs have not been exceeded.
PART 17 MISCELLANEOUS
Failure to make payments or provide security
26
1
Where the developer fails to make the payment or provide the security in accordance with regulation 7, the Authority may permit that payment or security to be made or provided within a further period specified by the Authority by notice to the developer, such period to be no later than the date on which a notice is published in accordance with regulation 9.
2
Where the developer fails to make the payment or provide the security in accordance with regulation 7 within the further period specified in accordance with paragraph (1), the Authority may cancel that qualifying project from that tender exercise in accordance with regulation 20.
3
Where either a bidder or a qualifying bidder fails to make any payment in accordance with these Regulations, the Authority may disqualify that bidder or qualifying bidder from that tender exercise in accordance with regulation 22 if that failure is not remedied within a period not exceeding ten days specified by the Authority by notice to that bidder or qualifying bidder.
Application for a decision by the Authority
27
1
A bidder or qualifying bidder may apply to the Authority for a decision as to the effect of any–
a
restriction applied as a result of these Regulations on the making of an application for the grant of an offshore transmission licence; or
b
requirement applied by virtue of these Regulations that operates so as to prevent an application for the grant of an offshore transmission licence from being considered or further considered.
2
Where a bidder or qualifying bidder makes an application in accordance with paragraph (1), the Authority may charge that bidder or qualifying bidder a fee in accordance with the Authority’s cost recovery methodology for any decision given in response to it.
Changes to bidder groups
28
1
Where a bidder group seeks to change its membership between the pre-qualification and qualification to tender stages of a tender exercise, the Authority shall permit that change provided that the new membership of that bidder group meets the pre-qualification selection criteria set out in the pre-qualification documentation issued in accordance with regulation 11(1).
2
Any change to the membership of a bidder group after a qualification to tender questionnaire has been submitted to the Authority shall be considered by the Authority on a case by case basis and will be subject to the Authority’s discretion to determine whether or not to allow that change would be fair and equitable to all other bidders or qualifying bidders participating in the tender exercise in respect of that particular qualifying project.
3
Where the Authority has permitted any change to the membership of bidder group in accordance with paragraph (1) or (2), it may give notice to a bidder or qualifying bidder of the amount of any payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to its bidder group determination.
Changes to delivery of documents or actions
29
1
Where the Authority determines that it is impracticable–
a
for any document or notice which is to be delivered to or published by the Authority in accordance with these Regulations to be delivered or published by the time, date or in the manner specified in accordance with these Regulations; or
b
for any action which is required to be undertaken in accordance with these Regulations, to be completed by the time, date or in the manner specified,
then paragraph (2) applies.
2
Where this paragraph applies, the Authority shall take reasonable steps to give notice to a developer, bidder, qualifying bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, that–
a
delivery or publication shall be made by a different time or date or in a different manner; or
b
the action shall be completed by a different time or date or in a different manner.
Disapplication of certain provisions
30
1
No application for an offshore transmission licence shall be considered or granted by the Authority other than in accordance with these Regulations.
2
Sections 6A and 6B of the 1989 Act and any regulations made under them shall be dispensed with insofar as they relate to an application for an offshore transmission licence.
Transitional provisions
31
1
Where a tender exercise has commenced under the 2009 Regulations but has not finished in accordance with the 2009 Regulations at the date upon which these Regulations come into force, that tender exercise shall be treated thereafter as having being held under these Regulations.
2
A tender exercise to which paragraph (1) applies which conforms to the requirements of the 2009 Regulations shall not be treated as defective by virtue only of failure to comply with the requirements of these Regulations in respect of any aspect of the tender exercise held prior to the date upon which these Regulations come into force.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
Steve Smith
A member of the Gas and Electricity Markets Authority
20th July 2010
I approve
Charles Hendry
Minister of State
Department for Energy and Climate Change
22nd July 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2010 and shall come into force on the day after the day on which it is made.
Proscribed organisations
2
In Schedule 2 to the Terrorism Act 2000 (Proscribed Organisations) , at the end add “Al Shabaab”.
David Hanson
Minister of State
Home Office
4th March 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Qatar) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Agreement scheduled to this Order have been made with the Government of the State of Qatar;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of Qatar and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 Introductory
Introductory
1
1
These Regulations may be cited as the National Health Service (Direct Payments) Regulations 2010 and shall come into force on 1st June 2010.
2
In these Regulations —
“the 2002 Act ” means the National Health Service Reform and Health Care Professions Act 2002 ;
“the 2005 Act ” means the Mental Capacity Act 2005 ;
“after-care PCT ” means a pilot PCT which may make direct payments under regulation 2(7) in accordance with its pilot scheme;
“after-care services” means services that must be provided by a Primary Care Trust under section 117 of the Mental Health Act 1983 (after-care) ;
“care plan” means a plan prepared in accordance with regulation 11;
“child” means a person under the age of 16;
“nominee” has the meaning given in regulation 9(1) and (2);
“parental responsibility” has the meaning given in section 3 of the Children Act 1989 (meaning of parental responsibility) ;
“patient” means a person to or in respect of whom direct payments may be made in accordance with regulation 7 or 8(1) to (4) or (7);
“pilot PCT” means a Primary Care Trust in respect of which the Secretary of State has made a pilot scheme;
“regulated activity” has the meaning given in section 8 of the Health and Social Care Act 2008 (regulated activity) ;
“relevant services for a disabled person” means any services in relation to which direct payments regulations, within the meaning of section 42 of the Welfare Reform Act 2009 (provision that may be made about direct payments) , have been made;
“relevant services for social care” means relevant services within the meaning of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 ;
“representative” means —
in the case of a person in respect of whom any deputy has been appointed by the Court of Protection under section 16(2)(b) of the 2005 Act (powers to appoint deputies) to make decisions on that person’s behalf in relation to matters in respect of which direct payments may be made, any such deputy;
in the case of a person who has appointed any donee of a lasting power of attorney within the meaning of section 9 of the 2005 Act (lasting powers of attorney) to make decisions on that person’s behalf in relation to matters in respect of which direct payments may be made, any such donee;
in the case of a person who has created an enduring power of attorney within the meaning of Schedule 4 to the 2005 Act (provisions applying to existing enduring powers of attorney), which is registered in accordance with paragraphs 4 and 13 of that Schedule or in respect of which an application has been made for such registration, any attorney in whom the power is vested;
in the case of a child, any person with parental responsibility for the child;
in the case of a person aged 16 or over but who lacks capacity and in respect of whom there is a person with parental responsibility, any such person with parental responsibility; or
in the case of a person in respect of whom a person has been appointed under regulation 8(4), that other person.
3
In determining for the purposes of these Regulations what is in the best interests of a patient, other than a child, the person making the determination must comply with the requirements specified in section 4(1) to (7) of the 2005 Act (best interests).
PART 2 Pilot Schemes
Secretary of State’s power to make a pilot scheme
2
1
The Secretary of State may make pilot schemes in accordance with which direct payments may be made.
2
The Secretary of State may make a pilot scheme only in response to a pilot proposal made in accordance with regulation 3.
3
If a pilot proposal is submitted to the Secretary of State, the Secretary of State may make a pilot scheme —
a
in accordance with the terms of the pilot proposal; or
b
with provisions which differ from the terms of the pilot proposal, but which the Secretary of State considers appropriate in the interests of the health service .
4
The pilot scheme made by the Secretary of State may include, as respects payments to which the scheme applies, any provision within section 12B(2) of the National Health Service Act 2006 (regulations about direct payments).
5
The Secretary of State may not make a pilot scheme for the whole of England.
6
Where the Secretary of State has made a pilot scheme, the Secretary of State may direct a pilot PCT to exercise —
a
his powers to make a direct payment in accordance with that scheme; and
b
his functions in relation to the making of payments under that scheme under the following provisions —
i
regulation 8(4) and (6) to (8),
ii
regulation 9(1)(c), (4)(b) and (5),
iii
regulations 10 to 13,
iv
regulation 14(3), (5), (8) and (9),
v
regulation 15(c), and
vi
regulations 16 to 20.
7
Where the Secretary of State has made a pilot scheme which includes provision for the making of direct payments for the purpose of securing the provision of after-care services, the pilot PCT may make direct payments in accordance with these Regulations.
Pilot proposal for direct payments for health care
3
1
A Primary Care Trust which seeks to become a pilot PCT must make a pilot proposal and submit it to the Secretary of State.
2
A pilot proposal must specify —
a
the name of the proposed pilot PCT;
b
if there is more than one proposed pilot PCT, the name of the proposed pilot PCT which is to be principally responsible for the operation of the proposed pilot scheme;
c
the geographical area in respect of which the proposed pilot scheme will operate;
d
the health needs in respect of which services to patients may be secured by means of direct payments made in accordance with the proposed pilot scheme;
e
whether the proposed pilot PCT intends to secure the provision of after-care services under the proposed pilot scheme;
f
the other criteria by which patients who may benefit under the proposed pilot scheme may be identified;
g
the period for which the proposed pilot scheme is to have effect; and
h
any other provisions to be included in the proposed pilot scheme.
3
The period mentioned in paragraph (2)(g) must not exceed three years.
4
A Primary Care Trust making a pilot proposal must ensure that the proposals for the provisions to be included in the proposed pilot scheme, as respects the making of direct payments, are compatible with the requirements of regulations 7 to 20.
Secretary of State’s powers in relation to a pilot scheme
4
1
The Secretary of State may at any time amend a pilot scheme by a notice in writing to the pilot PCT if he considers that the amendment is appropriate in the interests of the health service.
2
An amendment under paragraph (1) may include —
a
an extension of the period for which a pilot scheme has effect, but the maximum period for which the pilot scheme has effect must not exceed five years; or
b
an additional restriction or obligation imposed on the pilot PCT in relation to the pilot scheme.
3
The Secretary of State may require a pilot PCT to notify the Secretary of State in writing of the intended arrangements to provide for continuity of care for patients on expiry of the pilot scheme, including —
a
arrangements for services to be procured for a patient by means of a direct payment under another pilot scheme; or
b
arrangements to continue to provide services to a patient by means other than by a direct payment.
4
The Secretary of State may at any time revoke a pilot scheme by notice in writing to the pilot PCT if he considers that revocation is appropriate in the interests of the health service.
Review of pilot schemes
5
1
The Secretary of State must in relation to each pilot scheme —
a
arrange for a person independent of the Secretary of State to review the pilot scheme; or
b
require a pilot PCT to arrange for a person not employed or otherwise engaged by the pilot PCT or the Secretary of State to review the pilot scheme of the pilot PCT.
2
Arrangements under paragraph (1) may provide for the person to conduct a review of a pilot scheme in conjunction with a review of one or more other pilot schemes.
3
A review may be commenced at any time but must be completed within a reasonable time following the expiry of the period for which the pilot scheme is to have effect.
4
The findings of a review must be published by the Secretary of State on completion of the review.
5
The Secretary of State or pilot PCT may require that the following matters are considered as part of a review of a pilot scheme —
a
the effect of direct payments on the health, well-being and satisfaction of —
i
patients,
ii
representatives,
iii
nominees,
iv
persons with parental responsibility for a child,
v
persons who principally care for a child, and
vi
carers who normally provide unpaid care for a member of the carer’s family or a friend;
b
substantial differences in relation to the use of direct payments for, by or in respect of patients, or the effect on the health, well-being or satisfaction of patients, who vary one from another in —
i
socio-economic background,
ii
age,
iii
gender,
iv
ethnicity,
v
disability, or
vi
health needs;
c
the effect of direct payments on the cost-effectiveness of care received by patients;
d
the effect of direct payments on the provision of services to persons for whom no direct payment has been made with similar health needs to those of patients for whom direct payments have been made;
e
the effect of direct payments on the satisfaction, development of skills and knowledge or on the workload of —
i
care workers who are paid to support a person with health needs with everyday tasks,
ii
persons providing a service secured by a direct payment,
iii
any other persons involved in the administration of direct payments under these Regulations, or
iv
persons involved in the administration of a service secured by means of a direct payment;
f
the extent to which direct payments have led to innovation in the provision of health services within the meaning of section 14 of the Health Act 2009 (innovation prizes) ; and
g
the administration, governance and management of direct payments within a pilot scheme.
6
Nothing in paragraph (5) shall prevent consideration in a review of matters not mentioned in that paragraph.
7
A pilot PCT must —
a
at the request of the person reviewing a pilot scheme, provide information which may reasonably be required for the purposes of the review; and
b
co-operate with the person who is reviewing the pilot scheme.
8
Information provided by a pilot PCT under paragraph (7)(a) must be accurate, and provided within a reasonable time of receipt of the request by the pilot PCT.
PART 3 Direct Payments
Direct payments
6
Regulations 7 to 20 apply to the making of direct payments under a pilot scheme subject to any provisions included within the scheme pursuant to regulation 2(4).
Persons to whom a direct payment may be made
7
1
A direct payment may be made to a person who —
a
is a person —
i
for whose benefit the pilot PCT is responsible, under or by virtue of the National Health Service Act 2006, for providing or securing the provision of services; or
ii
who is entitled to receive after-care services from the pilot PCT;
b
meets the criteria set out in the pilot scheme; and
c
consents to the making of a direct payment to them.
2
A direct payment may only be made to a person falling within paragraph (1) if the person —
a
is aged 16 or over;
b
has capacity to consent to the making of a direct payment to them; and
c
is not a person described in the Schedule.
Direct payments in respect of children and persons who lack capacity
8
1
A direct payment may be made in respect of a person who is a child or a person to whom paragraph (2) or (3) applies, if that person —
a
is a person —
i
for whose benefit the pilot PCT is responsible, under or by virtue of the National Health Service Act 2006, for providing or securing the provision of services; or
ii
who is entitled to receive after-care services from the pilot PCT;
b
meets the criteria set out in the pilot scheme;
c
is not a person described in the Schedule; and
d
has a representative who consents to the making of direct payments in respect of them.
2
This paragraph applies to a person, other than a child, who lacks capacity to consent to the making of a direct payment to them and in respect of whom there is a deputy, donee, attorney or person with parental responsibility as mentioned in the definition of “representative” in regulation 1(2).
3
This paragraph applies to a person, other than a child, who lacks capacity to consent to the making of a direct payment to them but is a person in respect of whom there is no deputy, donee, attorney or person with parental responsibility as mentioned in the definition of “representative” in regulation 1(2).
4
Where paragraph (3) applies to a person, the Secretary of State or after-care PCT may appoint another person they consider appropriate to receive and manage a direct payment in respect of that person.
5
A representative to whom a direct payment is made in respect of a patient must —
a
agree to act on the patient’s behalf in relation to the direct payment;
b
act in the best interests of the patient when securing the provision of services in respect of which the direct payment is made;
c
be responsible as a principal for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payment;
d
use the direct payment in accordance with the care plan; and
e
comply with the provisions of these Regulations.
6
Paragraph (7) applies where a person has been receiving direct payments on the basis that they were a patient eligible under regulation 7, but the person no longer has capacity to consent to the making of a direct payment to them, or the Secretary of State or after-care PCT reasonably believes that the person no longer has the necessary capacity.
7
Where this paragraph applies, the Secretary of State or after-care PCT may continue to make direct payments in respect of the person if —
a
the Secretary of State or after-care PCT is reasonably satisfied that the person’s lack of capacity is likely to be temporary;
b
a representative or nominee in respect of the person continues, or agrees pursuant to paragraph (5)(a) or regulation 9(4)(a), to receive direct payments on behalf of the person; and
c
direct payments are made subject to the condition that the representative or nominee must allow the person to manage the direct payments themselves for any period in respect of which the Secretary of State or after-care PCT is satisfied that the person has capacity to consent to the making of the direct payments and is capable of managing direct payments.
8
Where a patient without capacity gains or regains capacity to consent to the making of a direct payment to them —
a
if the patient and their representative or nominee consents, the Secretary of State or after-care PCT may continue to make direct payments to the representative or nominee of the patient in accordance with the care plan;
b
if the patient does not consent to the continued making of direct payments to the representative or nominee, the Secretary of State or after-care PCT must stop making the direct payments; and
c
the Secretary of State or after-care PCT must as soon as reasonably possible review the making of the direct payments in accordance with regulation 17.
9
Where a patient reaches the age of 16, paragraph (8) shall apply as if the patient were a patient without capacity who gained capacity to consent to the making of a direct payment to them.
Nominated person
9
1
The following persons may nominate another person (a “nominee”) to receive a direct payment on the patient’s behalf —
a
a patient with capacity to consent to the making of a direct payment who is not a child;
b
the representative of a patient who is a donee, deputy, attorney or person with parental responsibility for the patient mentioned in the definition of “representative” in regulation 1(2); or
c
in a case where regulation 8(7) applies, the Secretary of State or after-care PCT.
2
If a patient who lacks capacity to consent to the making of a direct payment to them has indicated in advance of losing capacity a wish to have another person nominated to receive direct payments on the patient’s behalf, that other person shall be a nominee.
3
A nominee to whom a direct payment is made in respect of a patient must —
a
be responsible as a principal for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payment;
b
use the direct payment in accordance with the care plan; and
c
comply with the provisions of these Regulations.
4
Before making a direct payment to a nominee —
a
the nominee must agree to receive the direct payment in respect of the patient; and
b
the Secretary of State or an after-care PCT must agree to the making of the direct payment to the nominee.
5
If the person who has nominated a nominee pursuant to paragraph (1) notifies the Secretary of State or an after-care PCT in writing that they wish to withdraw or change the nomination, the Secretary of State or after-care PCT must consider whether to —
a
stop making the direct payments; and
b
as soon as reasonably possible review the making of the direct payments in accordance with regulation 17.
Decision to make a direct payment
10
1
The Secretary of State or an after-care PCT must make any decision to make a direct payment to or in respect of a patient in accordance with this regulation.
2
Before deciding whether to make a direct payment to a patient the Secretary of State or an after-care PCT —
a
may consult the following persons —
i
anyone identified by the patient as a person to be consulted for the purpose,
ii
if the patient is a person aged 16 or over but under the age of 18, a person with parental responsibility for the patient,
iii
the person primarily involved in the care of the patient,
iv
any other person who provides care for the patient,
v
any independent mental capacity advocate or independent mental health advocate appointed for the patient,
vi
any health professional or other professional person who provides health services to the patient,
vii
any local authority social care team that is responsible for ensuring that the patient’s social care needs are met, and
viii
any other person who appears to the Secretary of State or after-care PCT to be able to provide information of relevance;
b
may require the patient to provide information relating to —
i
the patient’s state of health,
ii
any health condition of the patient in respect of which a direct payment is contemplated, and
iii
any bank, building society, post office or other account into which a direct payment may be made; and
c
must be satisfied that the patient is capable of managing a direct payment by themselves or with the assistance that may be available to them.
3
Before deciding whether to make a direct payment in respect of a patient to the representative of the patient, the Secretary of State or after-care PCT may consult —
a
the patient;
b
any deputy appointed in respect of the patient by the Court of Protection under section 16(2)(b) of the 2005 Act but who lacks authority to make decisions on behalf of the patient in relation to matters in respect of which direct payments may be made;
c
any donee of a lasting power of attorney within the meaning of section 9 of the 2005 Act in respect of the patient but who lacks authority to make decisions on behalf of the patient in relation to matters in respect of which direct payments may be made;
d
the persons mentioned in paragraph (2)(a)(iii) to (viii); and
e
anyone named by the patient when the patient had capacity as a person to be consulted for this purpose.
4
Before deciding whether to make a direct payment in respect of a patient to the representative of the patient, the Secretary of State or after-care PCT —
a
may require the representative to provide information relating to any bank, building society, post office or other account into which the direct payment may be made; and
b
must be satisfied that the representative is capable of managing a direct payment by themselves or with the assistance that may be available to them.
5
When deciding whether to make a direct payment in respect of a patient to a representative, the Secretary of State or after-care PCT may, in particular, consider —
a
whether the patient has in the past when the patient had capacity expressed in writing, or by other means which are understandable, a wish for direct payments to be made to them or for their benefit;
b
so far as reasonably ascertainable, the beliefs and values that would be likely to influence the patient’s decision as to whether or not to consent to receive a direct payment if the patient had capacity; and
c
any other factors that the patient would be likely to consider on the issue of whether to consent to receive a direct payment if the patient were able to do so, including the patient’s wishes and feelings.
6
Before deciding whether to make a direct payment in respect of a patient to a nominee, the Secretary of State or an after-care PCT may —
a
consult the persons mentioned in paragraphs (2)(a) and (3)(a) to (c) and, where relevant, (e);
b
require a patient with the necessary capacity or competence to provide information relating to the patient’s state of health or any health condition in respect of which the direct payment is contemplated;
c
require the nominee to provide information relating to any bank, building society, post office or other account into which the direct payment may be made; and
d
require the nominee to apply for an enhanced criminal record certificate issued under section 113B of the Police Act 1997 (enhanced criminal record certificates) including suitability information relating to vulnerable adults under section 113BB of that Act (suitability information relating to vulnerable adults) , where the nominee is an individual living in the same household as the patient, a family member mentioned in paragraph (8) or a friend involved in the provision of the patient’s care.
7
Before deciding whether to make a direct payment in respect of a patient to a nominee the Secretary of State or an after-care PCT must —
a
be satisfied that the nominee is capable of managing a direct payment by themselves or with the assistance that may be available to them;
b
where the nominee is an individual and not a person mentioned in paragraph (6)(d), require the nominee to apply for an enhanced criminal record certificate issued under section 113B of the Police Act 1997 including suitability information relating to vulnerable adults under section 113BB of that Act; and
c
where the nominee is a body corporate or an unincorporated body of persons, require that the individual whom the nominee has decided will, on behalf of the nominee, have overall responsibility for the day-to-day management of the patient’s direct payments, applies for an enhanced criminal record certificate issued under section 113B of the Police Act 1997 including suitability information relating to vulnerable adults under section 113BB of that Act.
8
The family members are —
a
the spouse or civil partner of the patient;
b
a person who lives with the patient as if their spouse or civil partner;
c
a person who is the patient’s —
i
parent or parent-in-law,
ii
son or daughter,
iii
son-in-law or daughter-in-law,
iv
stepson or stepdaughter,
v
brother or sister,
vi
aunt or uncle, or
vii
grandparent;
d
the spouse or civil partner of any person specified in sub-paragraph (c); and
e
a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.
9
In deciding whether a patient, representative or nominee is capable of managing a direct payment, the Secretary of State or after-care PCT may, in particular, consider whether —
a
the patient, representative or nominee would be a suitable person to employ another as an employee to provide any services secured by means of direct payments for the patient;
b
the patient, representative or nominee has not been able to manage a direct payment or a direct payment to secure relevant services for social care under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 ; or
c
the patient, representative or nominee is capable of preventing fraudulent use of the direct payment.
10
If the Secretary of State or after-care PCT considers making a direct payment to a patient in accordance with this regulation and decides not to make such a payment, they must inform the patient and any representative or nominee in writing of the decision, and state the reasons for the decision.
Care plan and care co-ordinator
11
1
Before the Secretary of State or an after-care PCT may make a direct payment, the Secretary of State or the after-care PCT must —
a
prepare a care plan in respect only of the services to be secured for a patient by way of direct payments;
b
advise the patient, representative or nominee of significant potential risks arising in relation to the making of direct payments in respect of the patient, the potential consequences of the risks and any proportionate means of mitigating the risks;
c
agree with the patient, representative or nominee the procedure for managing any significant potential risk, and include the agreed procedure in the care plan; and
d
be satisfied —
i
that the health needs identified in the care plan of the patient can be met by the services specified in the care plan, and
ii
that the amount represented by the direct payments will be sufficient to provide for the full cost of each of the services specified in the care plan.
2
The risks mentioned in paragraph (1)(b) may in particular include —
a
risks to the patient’s health;
b
medical or surgical risk arising from the procurement of a particular type of service;
c
risks arising from the employment relationship where direct payments are used to secure services from an employee;
d
risks arising from a provider of services secured by means of direct payments operating under an inadequate or no procedure for the investigation of complaints arising from the provision of the services;
e
risks arising from a provider of services secured by means of direct payments operating under inadequate or no insurance or indemnity cover for the services to be provided; or
f
a risk that monies paid by way of a direct payment may go missing, be misused or be subject to fraud.
3
The Secretary of State or an after-care PCT must nominate a care co-ordinator who is to be responsible for the following functions in respect of the patient —
a
managing the assessment of the health needs of the patient for the care plan;
b
ensuring that the patient or their representative has agreed the matters listed in paragraph (8);
c
monitoring or arranging for the monitoring of —
i
the making of the direct payments, and
ii
the health conditions of the patient in respect of which the direct payments are made;
d
arranging for review of the direct payments; and
e
liaising between the patient or the representative or nominee and the Secretary of State or after-care PCT in relation to direct payments.
4
The Secretary of State or an after-care PCT must in the care plan specify —
a
the health needs to be met by services secured by means of direct payments, and the health outcomes intended to be achieved through the provision of the services;
b
the services to be secured by means of direct payments that the Secretary of State or after-care PCT considers necessary to meet the health needs of the patient;
c
the amount to be paid by way of direct payments, and the intervals at which monies are to be paid;
d
the name of the person who is the care co-ordinator in respect of the patient;
e
who is to be responsible for monitoring each health condition of the patient in respect of which direct payments may be made;
f
the anticipated date of the first review mentioned in regulation 17(2)(a), and how it is intended to be carried out; and
g
the period of notice that is to apply if, following a review under regulation 17, the Secretary of State or after-care PCT decides to reduce the amount of the direct payments or to stop making the direct payments.
5
The services that may be secured by means of direct payments exclude services —
a
which consist of the supply or procurement of alcohol or tobacco;
b
which consist of the provision of gambling services or facilities; or
c
to repay a debt otherwise than in respect of a service specified in the care plan.
6
The Secretary of State or an after-care PCT may specify in a care plan that a service may be secured in respect of a patient from a person mentioned in regulation 10(6)(d) (whether or not a nominee), only if the Secretary of State or the PCT is satisfied that to secure a service from that person is necessary —
a
to meet satisfactorily the patient’s need for that service; or
b
to promote the welfare of a patient who is a child.
7
If the Secretary of State or an after-care PCT has considered including a particular service in the care plan as a service to be secured by means of direct payments but decides not to include that service —
a
the patient, representative or nominee may request the Secretary of State or after-care PCT to inform them of the reason for the decision; and
b
the Secretary of State or after-care PCT must inform them of the reason for the decision.
8
Before the Secretary of State or an after-care PCT may make a direct payment the patient or their representative must agree —
a
that the patient’s specified health needs can be met by the services specified in the care plan;
b
that the amount of the direct payments is sufficient to provide for the full cost of each of the services specified in the care plan; and
c
that the patient’s requirements may be re-assessed in accordance with regulation 17(2).
Information, advice and other support
12
1
The Secretary of State or an after-care PCT must make arrangements for a patient, representative or nominee to whom direct payments are made to obtain information, advice or other support in connection with the making of direct payments.
2
The arrangements for information, advice or other support mentioned in paragraph (1) may include provision for —
a
advocacy services, whereby a third party assists a patient, representative or nominee in relation to the terms of a care plan, or the management of any contract under which services secured by means of direct payments are provided, or otherwise;
b
commissioning services, whereby a person assists the patient, representative or nominee in procuring services that may be secured by means of direct payments; or
c
payroll, training, sickness cover or other employment related services to assist a patient, representative or nominee where an employee provides services secured by direct payments for the patient.
3
If the care plan specifies a requirement for information, advice or other support, that support may be a service in respect of which direct payments may be made.
Conditions applying to the making of direct payments by the Secretary of State or an after-care PCT
13
1
Where the Secretary of State or an after-care PCT has decided to make direct payments to or in respect of a patient, the Secretary of State or an after-care PCT may only make the payments into an account approved by the Secretary of State or after-care PCT for the benefit of the patient if they are satisfied that the requirements in paragraphs (2), (3) and (5) are met.
2
The account mentioned at paragraph (1) must be capable of —
a
providing for monies paid into the account to be held only for the purposes of securing services by means of —
i
direct payments under these Regulations,
ii
direct payments to secure relevant services for social care,
iii
payments made by the Independent Living Fund (2006) , or
iv
other payments to secure relevant services for a disabled person; and
b
being audited (by reference to statements setting out the source of monies deposited and the destination of monies withdrawn) by —
i
the Secretary of State or after-care PCT, or
ii
anyone authorised in writing by the Secretary of State or after-care PCT.
3
The account mentioned in paragraph (1) must be —
a
accessible only by named persons approved by the Secretary of State or after-care PCT;
b
used only to hold monies paid into the account by way of the payments mentioned in paragraph (2)(a).
4
The Secretary of State or an after-care PCT may require a patient, representative or nominee to provide the Secretary of State or the after-care PCT with access to information about an account into which a direct payment is, or may be, made.
5
The Secretary of State or after-care PCT must ensure that an account mentioned in paragraph (1) is subject to arrangements or procedures that the Secretary of State or after-care PCT considers adequate to —
a
enable the monitoring and review mentioned in regulation 17(1)(a) and (6)(c) to be carried out; and
b
ensure that direct payments paid into it will be used only for services agreed in a patient’s care plan.
Conditions to be complied with by the patient, representative or nominee
14
1
A patient, representative or nominee must —
a
use the direct payments to procure services specified in the care plan;
b
only use the direct payments in accordance with the patient’s care plan, in particular, to secure the provision of the whole of a service specified in the care plan.
2
A patient, representative or nominee must make enquiries before securing services from a provider —
a
to ascertain that the provider —
i
if carrying on a regulated activity, is registered as a service provider in respect of that activity with the Care Quality Commission,
ii
has complied with any obligation that the provider has to be registered as a member of a profession regulated by a body mentioned in section 25(3) of the 2002 Act (the Council for Healthcare Regulatory Excellence) , and
b
with a view to ascertaining whether the provider must operate under insurance or indemnity cover, and if so whether the insurance or indemnity cover under which the provider operates is —
i
proportionate to the risks involved in providing the service, and
ii
otherwise appropriate in relation to the services provided to the patient.
3
If a patient, representative or nominee requests that the Secretary of State or after-care PCT be responsible in place of that person for ensuring that the enquiries mentioned in paragraph (2)(a) or (b) have been carried out in respect of any particular provider of services, the Secretary of State or after-care PCT must make the enquiries mentioned.
4
A patient, representative or nominee may use direct payments to secure a service in respect of the patient from a person mentioned in regulation 10(6)(d) only if the care plan specifies, pursuant to regulation 11(6), that the service may be secured from that person.
5
A patient, representative or nominee must on request, or at intervals specified by the Secretary of State or after-care PCT, provide the Secretary of State or after-care PCT with information or evidence relating to —
a
the state of health or any health condition of the patient in respect of which the direct payment is made; or
b
the health outcomes expected from the provision of any service.
6
If the patient, representative or nominee considers that it is reasonable to do so, the patient, representative or nominee must notify the Secretary of State or after-care PCT when the state of health or other relevant circumstances of the patient change substantially.
7
A patient, representative or nominee must ensure that the account approved by the Secretary of State or after-care PCT into which direct payments are paid is —
a
used only for the purposes of securing services by means of —
i
direct payments under these Regulations,
ii
direct payments to secure relevant services for social care,
iii
payments made by the Independent Living Fund (2006), or
iv
other payments to secure relevant services for a disabled person; and
b
accessible only by named persons approved by the Secretary of State or after-care PCT.
8
A patient, representative or nominee must, on request, or at intervals specified by the Secretary of State or after-care PCT provide the Secretary of State or after-care PCT with information or evidence relating to —
a
the account mentioned in paragraph (7); or
b
the services secured by means of the direct payments.
9
The Secretary of State or an after-care PCT may impose on a patient, representative or nominee either or both of the following conditions in connection with the making of a direct payment, that —
a
the recipient, whether the patient, or the representative or nominee in respect of the patient, must not secure a service from a particular person; or
b
the patient, the representative or the nominee must provide information that the Secretary of State or after-care PCT considers necessary other than as described at paragraph (5) or (8) or regulations 10(2)(b), (4)(a) or (6)(c).
10
If information or evidence requested from a person referred to in paragraph (8) is within the control of another person referred to in that paragraph then it must be provided by that other person.
Provision of information
15
Information provided under regulations 10(2)(b), (4)(a) or (6)(c), 14(5), (8) or (9) or 17(8)(d)(ii) must be —
a
legible;
b
accompanied with the relevant authorisation enabling the taking of copies or making of extracts, where appropriate;
c
if so requested by the Secretary of State or an after-care PCT, accompanied by —
i
an explanation by the information provider of anything which has been provided, or
ii
a statement to the best of the knowledge and belief of the information provider as to where information or evidence that the person has failed to provide is held.
Amount of direct payment
16
1
The Secretary of State or an after-care PCT must ensure that the amount of the direct payments paid to or in respect of a patient is sufficient to provide for the full cost of each of the services specified in the care plan.
2
Where the Secretary of State or after-care PCT is notified, or becomes aware, that the state of health of the patient has changed significantly, but in the view of the Secretary of State or after-care PCT a review mentioned in regulation 17 is not necessary, the Secretary of State or after-care PCT must be satisfied that the amount of the direct payments continues to be sufficient in accordance with paragraph (1).
3
The Secretary of State or an after-care PCT may at any time increase or reduce the amount of the direct payments if satisfied that the new amount is sufficient in accordance with paragraph (1).
4
The Secretary of State or after-care PCT may reduce the amount paid by way of direct payments by an amount not exceeding the amount due in respect of a period for which payment falls to be made where —
a
direct payments have accumulated and remain unused; and
b
the Secretary of State or after-care PCT considers that it is reasonable to offset the monies accumulated against the outstanding amount to be paid for that period.
5
Where the Secretary of State or after-care PCT decides to reduce the amount of the direct payments, the Secretary of State or after-care PCT must provide reasonable notice in writing to the patient, representative or nominee stating the reasons for the decision.
Monitoring and review of direct payments
17
1
The Secretary of State or an after-care PCT must monitor —
a
the making of direct payments to or in respect of a patient; and
b
the health conditions of the patient in respect of which direct payments are made.
2
The Secretary of State or an after-care PCT must review the making of direct payments to or in respect of the patient at appropriate intervals and —
a
at least once within the first three months of the direct payments being made; and
b
subsequently, at intervals not exceeding twelve months.
3
Where the Secretary of State or an after-care PCT is notified, or becomes aware, that the state of health of the patient has changed significantly, the Secretary of State or an after-care PCT must consider whether a review is appropriate.
4
Where the Secretary of State or an after-care PCT becomes aware that direct payments have not been sufficient to secure the services specified in a care plan, the Secretary of State or an after-care PCT must carry out a review.
5
When carrying out a review the Secretary of State or an after-care PCT must —
a
review the care plan to establish whether it continues to provide appropriately for the health needs of the patient;
b
consider whether the direct payments have been used effectively;
c
consider whether the amount of the direct payments paid to or in respect of the patient is sufficient to provide for the full cost of each of the services specified in the care plan; and
d
consider whether the patient, representative or nominee has complied with the obligations imposed on them by or under regulation 14.
6
When carrying out a review the Secretary of State or an after-care PCT may —
a
re-assess the health needs of the patient for services to be secured by way of direct payments;
b
consult any of the persons mentioned in regulation 10(2)(a) or (3)(a) to (c) or, where relevant, (e);
c
review receipts, bank statements or other information relating to the use of the direct payments;
d
consider whether the direct payments have been effectively managed, including whether any provider of services secured by means of the direct payments —
i
if carrying on a regulated activity, is registered as a service provider in respect of that activity with the Care Quality Commission,
ii
has complied with any obligation that the provider has to be registered as a member of a profession regulated by a body mentioned in section 25(3) of the 2002 Act, or
iii
operates under insurance or indemnity cover which is proportionate to the risks involved in providing the service and otherwise appropriate in relation to the services provided to the patient.
7
If a patient, representative or nominee requests the Secretary of State or after-care PCT to review the making of direct payments —
a
the Secretary of State or after-care PCT must decide whether to carry out a review, taking into account relevant local practices and circumstances; and
b
if the Secretary of State or after-care PCT decides to carry out a review, they must carry out the review in accordance with this regulation.
8
Following a review, the Secretary of State or after-care PCT may, having regard to the purposes of the care plan and the consultations and enquiries under regulation 10 —
a
amend the care plan;
b
substitute the patient for the nominee or representative of the patient, or substitute a representative or nominee for the patient, as the person to whom the direct payments are made;
c
increase, maintain or reduce the amount of the direct payments;
d
impose on the patient, representative or nominee either or both of the following conditions in connection with the making of direct payments, that —
i
the recipient, whether the patient, their representative or their nominee, must not secure a service from a particular person, or
ii
the patient, their representative or their nominee must provide information that the Secretary of State or after-care PCT considers necessary other than as described at regulations 10(2)(b), (4)(a) or (6)(c), or 14(5), (8) or (9); or
e
take other action that the Secretary of State or after-care PCT considers appropriate.
9
Where, following a review, the Secretary of State or after-care PCT decides to reduce the amount of or stop making the direct payments the Secretary of State or after-care PCT must give reasonable notice in writing to the patient and any representative or nominee, stating the reasons for the decision.
10
On receipt of a notice under paragraph (9), a patient, representative or nominee may require the Secretary of State or after-care PCT to undertake a further review and may provide evidence or relevant information for the Secretary of State or after-care PCT to consider as part of that review.
11
The Secretary of State or after-care PCT must give written notice to the patient and any representative or nominee of the decision on any further review, stating the reasons for the decision.
12
The Secretary of State or after-care PCT may not be required to undertake more than one further review following a decision under paragraph (9).
Repayment of direct payments
18
1
The Secretary of State or an after-care PCT may require that part or all of a direct payment must be repaid to the Secretary of State or the after-care PCT, if satisfied that it is appropriate to require repayment having regard in particular to whether —
a
the care plan has changed substantially;
b
the patient’s circumstances have changed substantially;
c
a substantial proportion of the direct payments received by a patient, representative or nominee have not been used to secure services specified in the care plan and have accumulated;
d
the direct payments have been used otherwise than for a service specified in the care plan;
e
theft, fraud or another offence may have occurred in connection with the direct payments; or
f
the patient has died.
2
Where the Secretary of State or an after-care PCT decides under paragraph (1) that a sum must be repaid, the Secretary of State or after-care PCT must give reasonable notice in writing to the patient and any representative or nominee, stating —
a
the reasons for the decision;
b
the amount to be repaid;
c
the time within which the sum must be repaid; and
d
identifying the person who must repay.
3
In the case of a patient who has died, the notice mentioned in paragraph (2) must be given to the personal representatives of the patient.
4
On receipt of a notice under paragraph (2), a patient, personal representative, representative or nominee may require the Secretary of State or after-care PCT to re-consider the decision, and may provide evidence or relevant information for the Secretary of State or after-care PCT to consider as part of that deliberation.
5
The Secretary of State or after-care PCT must inform the patient and any personal representative, representative or nominee in writing of the decision on a re-consideration, stating the reasons for the decision, the amount to be repaid, if any, the time within which any sum must be repaid and identifying the person who must repay, if any.
6
The Secretary of State or after-care PCT may not be required to undertake more than one re-consideration following a decision under paragraph (1).
7
The Secretary of State or after-care PCT may waive any requirement pursuant to a decision under paragraph (1) or (4) for part or all of a direct payment to be repaid.
Recovery of amounts due as a civil debt
19
1
Where a sum must be repaid to the Secretary of State or an after-care PCT pursuant to regulation 18 and the reason for the decision to require repayment is that theft, fraud or another offence may have occurred in connection with a direct payment, that sum may be recovered summarily as a civil debt.
2
Paragraph (1) does not affect any other method of recovery.
Stopping direct payments
20
1
The Secretary of State or an after-care PCT must stop making direct payments —
a
in the case of a patient, other than a child, who has capacity to consent to the making of direct payments, when the patient does not, or has withdrawn, consent to the making of the payments;
b
in the case of a child or a patient who lacks capacity to consent to the making of direct payments, when the representative has withdrawn consent to the making of the payments and there is no other representative who consents pursuant to regulation 8(1)(d) or (7)(b); and
c
in the circumstances mentioned in regulation 8(8)(b).
2
The Secretary of State or an after-care PCT may stop making direct payments if satisfied that it is appropriate to do so and in particular if —
a
a person in respect of whom a direct payment is made is not a patient;
b
the Secretary of State or after-care PCT does not consider that the representative or nominee is a suitable person to receive direct payments in respect of the patient;
c
the nominee does not agree to receive the direct payments in respect of the patient;
d
the person who has nominated the nominee pursuant to regulation 9(1) has withdrawn the nomination;
e
the direct payments have been used otherwise than for a service specified in the care plan;
f
the Secretary of State or after-care PCT considers that theft, fraud or another offence may have occurred in connection with the direct payments;
g
the Secretary of State or after-care PCT considers that the health needs of the patient cannot be, or are not being, met by services secured by means of direct payments; or
h
the patient has died.
3
Where the Secretary of State or an after-care PCT decides under paragraph (1) or (2) to stop making direct payments, the Secretary of State or after-care PCT must give reasonable notice in writing to the patient and any representative or nominee, stating the reasons for the decision.
4
In the case of a patient who has died, the notice mentioned in paragraph (3) must be given to the personal representatives of the patient.
5
On receipt of a notice under paragraph (3), a patient, personal representative, representative or nominee may require the Secretary of State or after-care PCT to re-consider the decision, and may provide evidence or relevant information for the Secretary of State or after-care PCT to consider as part of that deliberation.
6
The Secretary of State or after-care PCT must inform the patient and any personal representatives, representative or nominee in writing of the decision on a re-consideration, stating the reasons for the decision.
7
The Secretary of State or after-care PCT may not be required to undertake more than one re-consideration following a decision under paragraph (1) or (2).
8
The Secretary of State or after-care PCT may stop making direct payments following reasonable notice even though a decision under paragraph (1) or (2) is being re-considered.
9
Any right or liability of the patient, personal representatives, representative or nominee to a third party acquired or incurred in respect of a service secured by means of a direct payment shall transfer to the Secretary of State or after-care PCT when the Secretary of State or after-care PCT stops making direct payments pursuant to paragraph (1) or (2).
10
The transfer of any liability under paragraph (9) is binding on the third party, even though, apart from this paragraph, it would have required the consent or concurrence of that party.
PART 4 Partnership Arrangements
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
21
1
The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 are amended as follows.
2
In regulation 5 of those Regulations (functions of NHS bodies), after paragraph (b), insert —
bb
the functions of making direct payments under —
i
section 12A(1) of the National Health Service Act 2006 (direct payments for health care) ; and
ii
regulation 2(7) of the National Health Service (Direct Payments) Regulations 2010
.
Signed by authority of the Secretary of State for Health
Phil Hope
Minister of State,
Department of Health
25th March 2010