Ministers have made the Health and Care Act 2022 (Consequential Amendments) Regulations 2025 (SI 2025/1312), updating the Down Syndrome Act 2022 to reflect post‑2022 NHS structures. The regulations apply in relation to NHS functions exercisable in England and are now in force.
The instrument amends paragraph 2(1) of the Schedule to the Down Syndrome Act 2022 by replacing references to the National Health Service Commissioning Board and to clinical commissioning groups with “NHS England” and “an integrated care board” respectively. Other listed NHS bodies in that paragraph remain unchanged.
This update follows section 1 of the Health and Care Act 2022, which legally renamed the National Health Service Commissioning Board as NHS England, and section 19, which provides for the establishment of integrated care boards in place of clinical commissioning groups.
The regulations are drafted to commence the day after they are made, ensuring the duty in the Down Syndrome Act attaches to the correct NHS bodies without delay. Publication on legislation.gov.uk followed on 12 December 2025.
Under section 1 of the Down Syndrome Act 2022, the Secretary of State issues statutory guidance and “relevant authorities” must have due regard to it when exercising their “relevant functions”. The Schedule defines those authorities and confirms that, for NHS bodies, all functions in or in relation to England are in scope.
During Lords consideration on 4 December, the Government stated the amendments are technical and intended solely to align the Act with NHS reforms made by the 2022 Act, bringing ICBs and NHS England clearly within the list of authorities bound by the duty to have due regard.
For system leaders, the change primarily clarifies governance rather than creating new functions. ICBs and NHS England should ensure board papers, decision records and equality/impact documentation can evidence “due regard” to the forthcoming guidance when exercising commissioning and oversight functions.
NHS England has previously indicated that each ICB should identify a board‑level lead responsible for championing improvement for people with Down syndrome, with links to leads for learning disability, autism and SEND. The clarified statutory references are intended to support that accountability.
Separate to the SI, the Department of Health and Social Care opened a public consultation on draft statutory guidance under the Down Syndrome Act on 5 November 2025. Final guidance will follow consultation; the due‑regard duty will then apply to NHS England and ICBs as amended.