
2014 No. 2436
Regulatory Reform
National Health Service, England
The Legislative Reform (Clinical Commissioning Groups) Order 2014
Made 10th September 2014
Coming into force 1st October 2014

The Secretary of State for Health (“the Secretary of State”) makes the following Order, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 2006.
For the purposes of section 3(1) of the Legislative and Regulatory Reform Act 2006 the Secretary of State considers, where relevant, that the conditions under section 3(2) are satisfied.
The Secretary of State has consulted in accordance with section 13(1) of that Act.
The Secretary of State has laid a draft Order and an explanatory document before Parliament in accordance with section 14(1) of that Act.
Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of the Order.

In accordance with section 17(2) of that Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
Citation and commencement
1 

(1) This Order may be cited as the Legislative Reform (Clinical Commissioning Groups) Order 2014.
(2) This Order comes into force on 1st October 2014.
Amendment of the National Health Service Act 2006
2 
In section 14Z3 of the National Health Service Act 2006 (arrangements by clinical commissioning groups in respect of the exercise of functions), after subsection (2) insert—“
(2A) Where any functions are, by virtue of subsection (2)(b), exercisable jointly by two or more clinical commissioning groups, they may be exercised by a joint committee of the groups.”
3 

(1) Section 14Z9 of the National Health Service Act 2006 is amended as follows.
(2) For the heading substitute “Exercise of functions by, or jointly with,  NHS England”.
(3) After subsection (1) insert—“
(1A) NHS England  and one or more clinical commissioning groups may make arrangements for any functions of the group or groups under section 3 or 3A, and any other functions of the group or groups which are related to the exercise of those functions, to be exercised jointly by  NHS England  and the group or groups.
(1B) Where any functions are, by virtue of subsection (1A), exercisable jointly by  NHS England  and a clinical commissioning group or groups, they may be exercised by a joint committee of  NHS England  and the group or groups.”
(4) In subsection (2), after “subsection (1)” insert “or (1A)”.
(5) In subsection (3)—
(a) for “this section” substitute “subsection (1) or (1A)”, and
(b) after “clinical commissioning group” insert “or groups”.
(6) In subsection (4), for “this section” substitute “subsection (1) or (1A)”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
10th September 2014