180 Payments in respect of costs of optical appliances and sight tests
(1) The Secretary of State must provide by regulations for payments to be made by NHS England to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which—
(a) a prescription has been given for a person mentioned in subsection (2) in consequence of a sight test under this Act, or
(b) a prescription has been given for a person mentioned in subsection (2) in consequence of a sight test otherwise than under this Act which took place in prescribed circumstances.
(2) The persons are—
(a) a child,
(b) a person whose resources fall to be treated under the regulations as being less than or equal to his requirements,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) a person of such other description as may be prescribed.
(3) The Secretary of State may by regulations—
(za) provide for payments to be made by NHS England to meet, or to contribute towards, any cost accepted by NHS England as having been incurred for the cost of a sight test of a person who—
(i) falls within section 115(2)(c), but
(ii) at the time of the test has not been issued with a notice by the Secretary of State of entitlement to receive assistance in respect of the cost of a sight test (or has been issued with such a notice but has yet to receive it),
(a) provide for NHS England to contribute to the cost of a sight test which NHS England accepts as having been incurred by a person whose resources fall to be treated under the regulations as exceeding his requirements but only by an amount calculated under the regulations, and
(b) provide for payments to be made by NHS England to meet, or to contribute towards, any cost accepted by NHS England as having been incurred (whether by way of charge under this Act or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a sight test of a person of a prescribed description.
(3A) The amount of a payment by virtue of subsection (3)(za) or (a) must not exceed the amount for the time being set in regulations under this section as the applicable fee in the case in question for the provision of the sight-testing service under section 115(1)(a).
(4) Regulations under this section may direct how a person's resources and requirements must be calculated and may, in particular, direct that they must be calculated—
(a) by a method set out in the regulations,
(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications,
(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament, or
(d) by reference to the person's being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.
(5) Descriptions of persons may be prescribed for the purposes of this section by reference to any criterion and, in particular, by reference to any of the following criteria—
(a) their age,
(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition,
(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances,
(d) their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit,
(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits, and
(f) the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.
(6) Regulations under this section which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference must be construed as a reference to that Act or instrument—
(a) as it has effect at the time when the regulations are made, or
(b) both as it has effect at that time and as amended subsequently.
(6A) NHS England may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of NHS England’s functions under regulations under this section.
(7) In subsection (2)(a) “child” means—
(a) a person who is under the age of 16 years, or
(b) a person who is under the age of 19 years and receiving qualifying full-time education.
(8) In subsection (7)(b) “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State.
(9) For the purposes of subsection (8)—
(a) “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university, and
(b) regulations may prescribe the circumstances in which a person must, or must not, be treated as receiving full-time instruction.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Sums falling to be paid in pursuance of regulations under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine in accordance with the regulations.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Regulations under section 180 providing for payments for meeting or contributing towards the cost incurred for the supply of optical appliances or their replacement or repair may also provide as follows.
(2) They may make provision for such payments not to be made to any person falling within a prescribed description.
(3) They may make provision for the Secretary of State to give notice as mentioned in subsection (4) to a person to whom such payments have been made ....
(4) Such a notice is notice that no further such payments in respect of the supply, replacement or repair of optical appliances at a particular location or in a particular area, in either case specified in the notice, will be made to him after a date specified in the notice.
(5) If such a notice is given, no further payments as mentioned in subsection (4) may be made to him after the date specified in the notice, unless the notice is cancelled by the Secretary of State.
(6) The regulations may make provision conferring on the Secretary of State the right, if he has given a notice by virtue of subsection (3), to apply to the First-tier Tribunal for a stop order.
(7) A stop order is an order that no further such payments may be made (whether by the Secretary of State or by any relevant body) to the person in question in respect of the supply, replacement or repair of optical appliances, wherever the supply, replacement or repair occurred.
(8) If the regulations make the provision mentioned in subsection (3), they must also make provision conferring prescribed rights of appeal to the First-tier Tribunal upon the person to whom the notice was given.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may provide in relation to prescribed descriptions of person for the remission or repayment of the whole or any part of any charges which would otherwise be payable by virtue of section 172, 176 or 179.
Regulations may provide in relation to prescribed descriptions of persons—
(a) for the payment by the Secretary of State , NHS England, an integrated care board, ... an NHS trust or an NHS foundation trust, in such cases as may be prescribed, of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their obtaining—
(i) any services provided under this Act,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the reimbursement by NHS England, ... or an integrated care board to an NHS trust or an NHS foundation trust ... of such payments,
(c) for the reimbursement by NHS England, ... or an integrated care board to an NHS trust and, in such cases as may be prescribed, to a Local Health Board, of payments made by virtue of section 131(a) of the National Health Service (Wales) Act 2006 (c. 42).
(1) Descriptions of persons may be prescribed for the purposes of section 182 or 183 by reference to any criterion and, in particular, by reference to any of the following criteria—
(a) their age,
(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition,
(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances,
(d) their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit,
(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits, and
(f) the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.
(2) Regulations under section 182 or 183 may direct how a person's resources and requirements must be calculated and may, in particular, direct that they must be calculated—
(a) by a method set out in the regulations,
(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications,
(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament, or
(d) by reference to the person's being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.
(3) Regulations under section 182 or 183 which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference must be construed as a reference to that Act or instrument—
(a) as it has effect at the time when the regulations are made, or
(b) both as it has effect at that time and as amended subsequently.
(1) Regulations may provide for the making and recovery of such charges falling within subsection (2) as may be prescribed.
(2) The charges are charges by the Secretary of State, NHS England, an integrated care board, a local authority, ... an NHS trust or an NHS foundation trust—
(a) in respect of the supply of any appliance or vehicle which is, at the request of the person supplied, of a more expensive type than the prescribed type, or
(b) in respect of the repair or replacement of any such appliance, or the replacement of any such vehicle, or the taking of any such action in relation to the vehicle as is mentioned in paragraph 10(2) of Schedule 1.
186 Charges for repairs and replacements in certain cases
(1) Regulations may provide for the making and recovery of such charges falling within subsection (2) as may be prescribed.
(2) The charges are charges by the Secretary of State, NHS England, an integrated care board, a local authority, ... an NHS trust or an NHS foundation trust, in respect of the repair or replacement of any appliance or vehicle, where it is determined in the prescribed manner—
(a) in any case, that the repair or replacement was necessitated by an act or omission of the person supplied, or
(b) in a case where the person supplied was under the age of 16, that the repair or replacement was necessitated by an act or omission, occurring while that person was under that age, of a person having charge of him.
186A Charges in respect of public health functions
(1) The Secretary of State may make charges under this subsection in respect of any step taken under section 2A.
(2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health.
(3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate.
(4) Regulations may provide for the making and recovery of charges in respect of—
(a) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and
(b) the taking of prescribed steps by a local authority under section 2B.
(5) Regulations under subsection (4) may make provision as to the calculation of charges authorised by the regulations, including provision prescribing the amount or the maximum amount that may be charged.
(6) Nothing in this section affects any other power conferred by or under this Act to make charges.
Regulations may provide for the making and recovery of charges in respect of services or facilities of a kind mentioned in section 3(1)(e) or (f) (whether provided in pursuance of those provisions or any other provision of this Act).
188 Sums otherwise payable to those providing services
(1) Subsection (2) applies to regulations under—
(a) section 172 (charges for drugs, medicines or appliances, or pharmaceutical service),
(b) section 179 (charges for optical appliances),
(c) section 185 (charges for more expensive supplies), or
(d) section 186 (charges for repairs and replacements in certain cases),
which provide for the making and recovery of charges in respect of any services.
(2) The regulations may provide for the sums which would otherwise be payable by NHS England or an integrated care board ... or Special Health Authority to the persons by whom the services are provided, to be reduced by the amount of the charges authorised by the regulations in respect of the services.
(1) The Secretary of State—
(a) may authorise accommodation to be made available for patients to such extent as he may determine, and
(b) may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis.
(2) Accommodation means—
(a) accommodation in single rooms or small wards which is not needed by any patient on medical grounds,
(b) accommodation at any health service hospital or group of hospitals, or a hospital in which patients are treated under arrangements made by virtue of section 12, or at the health service hospitals in a particular area or a hospital in which patients are so treated.
(3) References in subsection (2) to a health service hospital include references to such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42), but do not include references to a hospital vested in an NHS trust or an NHS foundation trust.
(1) The Secretary of State may require any person—
(a) who is a resident patient for whom the Secretary of State provides services under this Act, and
(b) who is absent during the day from the hospital where he is a patient for the purpose of engaging in remunerative employment,
to pay such part of the cost of his maintenance in the hospital and any incidental cost as may seem reasonable to the Secretary of State having regard to the amount of that person's remuneration.
(2) The Secretary of State may recover the amount required under subsection (1).
(1) All charges recoverable under this Act by—
(a) the Secretary of State,
(b) a local social services authority, or
(c) any body established under this Act,
may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
(2) If any person, for the purpose of evading the payment of any charge under this Act, or of reducing the amount of any such charge—
(a) knowingly makes any false statement or false representation, or
(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
the charge or the balance of the charge, may be recovered from him by the person by whom the cost of the service in question was defrayed.
192 Recovery of charges and payments in relation to goods and services
(1) Where goods or services to which this section applies are provided and—
(a) any charge payable by any person under this Act in respect of the provision of the goods or services is reduced, remitted or repaid, but that person is not entitled to the reduction, remission or repayment, or
(b) any payment under this Act is made to, or for the benefit of, any person in respect of the cost of obtaining the goods or services, but that person is not entitled to, or to the benefit of, the payment,
the amount mentioned in subsection (2) is recoverable summarily as a civil debt from the person in question by the responsible authority.
(2) That amount—
(a) in a case within subsection (1)(a), is the amount of the charge or (where it has been reduced) reduction,
(b) in a case within subsection (1)(b), is the amount of the payment.
(3) Where two or more persons are liable under section 191(1) or this section to pay an amount in respect of the same charge or payment, those persons are jointly and severally liable.
(4) For the purposes of this section, the circumstances in which a person is treated as not entitled to a reduction, remission or repayment of a charge, or to (or to the benefit of) a payment, include in particular those in which it is received (wholly or partly)—
(a) on the ground that he or another is a person of a particular description, where the person in question is not of that description,
(b) on the ground that he or another holds a particular certificate, when the person in question does not hold such a certificate or does hold such a certificate but is not entitled to it,
(c) on the ground that he or another has made a particular statement, when the person in question has not made such a statement or the statement made by him is false.
(5) In this section and section 193, “responsible authority” means—
(a) in relation to the recovery of any charge under section 191(1) in respect of the provision of goods or services to which this section applies, the person by whom the charge is recoverable,
(b) in relation to the recovery by virtue of this section of the whole or part of the amount of any such charge, the person by whom the charge would have been recoverable,
(c) in a case within subsection (1)(b), the person who made the payment.
(6) But the Secretary of State may by directions provide for—
(a) the functions of any responsible authority of recovering any charges under this Act in respect of the provision of goods or services to which this section applies,
(b) the functions of any responsible authority under this section and section 193,
to be exercised on behalf of the authority by another health service body.
(7) This section applies to the following goods and services—
(a) dental treatment and appliances provided in pursuance of this Act,
(b) drugs and medicines provided in pursuance of this Act,
(c) sight tests,
(d) optical appliances,
(e) any other appliances provided in pursuance of this Act.
(8) “Health service body” means a body which is a health service body for the purposes of section 9.
(1) Regulations may provide that, where a person fails to pay—
(a) any amount recoverable from him under section 191(1) in respect of the provision of goods or services to which section 192 applies, or
(b) any amount recoverable from him under section 192,
a notice (referred to in this section as a penalty notice) may be served on the person by the responsible authority.
(2) A penalty notice is a notice requiring the person on whom it is served to pay the amount to the authority within a prescribed period, together with a charge (referred to in this section as a penalty charge) of an amount determined in accordance with the regulations.
(3) The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—
(a) £100,
(b) the amount referred to in subsection (1)(a) or (b) multiplied by 5.
(4) The Secretary of State may by order provide for subsection (3) to have effect as if, for the sum specified in paragraph (a) or the multiplier specified in paragraph (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or multiplier specified in the order.
(5) Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.
(6) The further sum must not exceed 50 per cent of the amount of the penalty charge.
(7) Any sum payable under the regulations (including the amount referred to in subsection (1)(a) or (b)) may be recovered by the responsible authority summarily as a civil debt.
(8) But a person is not liable by virtue of a penalty notice—
(a) to pay at any time so much of any amount referred to in subsection (1)(a) or (b) for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other, or
(b) to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.
(1) A person is guilty of an offence if he does any act mentioned in subsection (2) with a view to securing for himself or another—
(a) the evasion of the whole or part of any charge under this Act in respect of the provision of goods or services to which section 192 applies,
(b) the reduction, remission or repayment of any such charge, where he or the other is not entitled to the reduction, remission or repayment,
(c) a payment under this Act (whether to, or for the benefit of, himself or the other) in respect of the cost of obtaining such goods or services, where he or the other is not entitled to, or to the benefit of, the payment.
(2) The acts referred to in subsection (1) are—
(a) knowingly making, or causing or knowingly allowing another to make, a false statement or representation, or
(b) in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) A person ... may conduct any proceedings under this section before a magistrates' court if he is authorised to do so by the Secretary of State.
(5) Proceedings for an offence under this section may be begun within—
(a) the period of three months beginning with the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge, or
(b) the period of 12 months beginning with the commission of the offence.
(6) For the purposes of subsection (5), a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge, is conclusive evidence of that date.
(7) Where a person is convicted of an offence under this section in respect of any charge or payment under this Act, he is not liable in respect of the charge or payment to pay any penalty charge or further sum by way of penalty which would otherwise be recoverable from him under section 193.
(8) Where a person pays any penalty charge, or further charge by way of penalty, recoverable under section 193 in respect of any charge or payment under this Act, he must not be convicted of an offence under this section in respect of the charge or payment.
(9) Subsection (4) of section 192 applies for the purposes of this section as it applies for the purposes of that.
(1) This Part confers power to require the production of documents in connection with the exercise of the Secretary of State's counter fraud functions or security management functions in relation to the health service.
(2) The Secretary of State's “counter fraud functions” in relation to the health service means his power (by virtue of section 2) to take action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities carried out against or otherwise affecting—
(a) the health service, or
(b) the Secretary of State in relation to his responsibilities for the health service.
(3) The Secretary of State's “security management functions” in relation to the health service means his power (by virtue of section 2) to take action for the purpose of protecting and improving the security of—
(a) persons employed by the Secretary of State or an NHS body in the provision of services for the purposes of the health service (“NHS services”) or in arranging for the provision of such services,
(b) health service providers and persons employed by them so far as they or persons so employed are engaged in any activity directly related to the provision of NHS services,
(c) NHS contractors and persons employed by them so far as they or persons so employed are engaged in any activity directly related to the provision of NHS services,
(d) persons not within paragraphs (a) to (c) who work in any capacity on premises used by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of NHS services or with arranging for the provision of such services,
(e) persons on such premises—
(i) who are there for the purpose of receiving, or are receiving or have received, treatment or other services as patients, or
(ii) who are accompanying persons within sub-paragraph (i),
(f) property and information used or held by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of NHS services or with arranging for the provision of such services.
(4) In this Part, the Secretary of State's counter fraud functions and security management functions in relation to the health service are collectively referred to as functions to which this Part applies.
(5) “Investigating” means investigating in relation to civil or criminal proceedings.
196 Persons and bodies about which provision is made by this Part
(1) This section applies for the purposes of this Part.
(2) Subject to subsection (3), and any provision made under subsection (7), “NHS body” has the meaning given by section 275(1).
(3) In section 195(3), and in section 197(1) so far as having effect in relation to the Secretary of State's security management functions referred to in section 195(3), an “NHS body” means—
(za) NHS England,
(zb) an integrated care board,
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a Special Health Authority, so far as performing functions in respect of England,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England, or
(e) an NHS foundation trust.
(4) A “health service provider” means any person (other than an NHS body) providing—
(a) primary medical services, primary dental services or pharmaceutical services under this Act or the National Health Service (Wales) Act 2006 (c. 42),
(b) general ophthalmic services under that Act, or
(c) primary ophthalmic services.
(5) An “NHS contractor” means any person (other than an NHS body or a person within subsection (4)) providing services of any description under arrangements made with an NHS body.
(5A) A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.
(6) A “statutory health body” means any body (other than an NHS body, or a person within subsection (4) or (5)) established by or under an enactment and—
(a) providing services in connection with the provision of, or
(b) exercising functions in relation to,
the health service in either England or Wales or both.
(7) The Secretary of State may by order—
(a) make such amendments of any of subsections (2) to (6) as he considers appropriate,
(b) make such consequential amendments of this Part as he considers appropriate.
(1) This section applies if it appears to the Secretary of State that there are reasonable grounds for suspecting—
(a) that any documents containing information relevant to the exercise of any of his functions to which this Part applies are in the possession or under the control of any NHS body, statutory health body, health service provider , public health service contractor or NHS contractor (“the relevant organisation”), and
(b) that a person within subsection (3) is accountable for the documents.
(2) The Secretary of State may serve on that person a notice requiring him to produce the documents to an authorised officer.
(3) The persons within this subsection are—
(a) any member, officer or director of the relevant organisation,
(b) any other person who takes part in the management of the affairs of that organisation,
(c) any person employed by that organisation, and
(d) (in the case of a health service provider , public health service contractor or NHS contractor who is an individual) that individual.
(4) A notice under this section must specify or describe the documents to which it relates.
(5) Subject to subsections (6) and (7), the notice may require those documents to be produced—
(a) at or by such time as is specified in the notice, or at once, and
(b) at such place, and in such manner, as is so specified.
(6) When specifying a time at or by which the documents must be produced, the notice must not require them to be produced otherwise than at a reasonable hour.
(7) If the notice requires documents to be produced at once, it may only be served at a reasonable hour.
(8) An authorised officer may, by agreement with the person served with a notice within subsection (6) or (7), vary the notice so as to extend the time for compliance with it.
(9) Any notice under this section, and any variation of such a notice under subsection (8), must be in writing.
(10) An individual is “accountable” for any documents if he has either day-to-day, or an overall, responsibility for the custody or control of the documents.
(1) This section applies where a notice has been served under section 197.
(2) An authorised officer may—
(a) take away any documents produced in compliance with the notice,
(b) take copies of or extracts from any documents so produced,
(c) require the person producing any such documents to provide an explanation of any of them.
(3) If—
(a) the officer takes away any such document,
(b) the person producing it requests the officer to provide him with a copy of it, and
(c) the request appears to the officer to be reasonable in the circumstances,
the officer must, as soon as is reasonably practicable, provide that person with a copy of the document (in such form as the officer considers appropriate).
(4) Documents produced in compliance with a notice under section 197 may be retained for so long as the Secretary of State considers that it is necessary to retain them (rather than copies of them) in connection with the exercise of any of his functions to which this Part applies.
(5) If the Secretary of State has reasonable grounds for believing—
(a) that any such documents may have to be produced for the purposes of any legal proceedings, and
(b) that they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
(6) If a person who is required by a notice under section 197 to produce any documents does not produce the documents in compliance with the notice, an authorised officer may require that person to state, to the best of his knowledge and belief, where they are.
(7) A person is not bound to comply with any requirement imposed by a notice under section 197 or any requirement under subsection (6) unless evidence of authority is given—
(a) at the time when the notice is served, or
(b) at the time when the requirement is imposed under subsection (6).
(8) In addition, a person may not be required under section 197 or subsection (6) to produce any document or disclose any information which he would be entitled to refuse to produce or disclose in proceedings in the High Court on grounds of legal professional privilege.
(1) This section applies if the Secretary of State gives a direction under section 7 directing a Special Health Authority to exercise so much of his functions under sections 197 and 198 as is specified in the directions (“the delegated functions”).
(2) The Secretary of State may give directions providing for senior officers of the Special Health Authority to exercise the delegated functions on behalf of the Special Health Authority.
(3) “Senior officer” means an officer of or above a level specified in the directions.
(4) The Secretary of State may by regulations make such provision as he considers appropriate in connection with the exercise of the delegated functions.
(5) The regulations may, in particular, make provision—
(a) specifying conditions as to training that must be satisfied in relation to officers of the Special Health Authority involved in the exercise of the delegated functions,
(b) for requiring officers to obtain specific authorisation before the delegated functions are exercised in relation to personal records,
(c) providing for the designation of officers for the purpose of giving such authorisations,
(d) otherwise prescribing the manner in which the delegated functions may be exercised.
200 Code of practice relating to delegated functions
(1) The Secretary of State may issue a code of practice relating to—
(a) the exercise of functions under section 197 or 198 by or on behalf of a Special Health Authority,
(b) procedures to be followed in relation to the disclosure (in accordance with sections 201 and 202) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions.
(2) The Secretary of State must keep the code under review and may from time to time—
(a) revise the whole or any part of the code, and
(b) issue a revised code.
(3) Where the Secretary of State proposes to issue a code of practice under this section he must—
(a) prepare a draft of the code, and
(b) consult such persons as he considers appropriate about the draft.
(4) Where the Secretary of State proposes to issue a revised code under this section which in his opinion would result in a substantial change in the code, he must—
(a) prepare a draft of the revised code, and
(b) consult such persons as he considers appropriate about the change.
(5) Where, following consultation under subsection (3) or (4), the Secretary of State issues the code or revised code (whether in the form of the draft or with such modifications as he considers appropriate), it comes into force at the time when it is issued by the Secretary of State.
(6) A failure to observe any provision of a code or revised code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
(7) A code or revised code issued under this section is admissible in evidence in any criminal or civil proceedings.
(8) Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
(1) This section applies to information which—
(a) is held by or on behalf of the Secretary of State, and
(b) was obtained by virtue of section 197 or 198.
(2) The information must not be disclosed except in accordance with subsection (3).
(3) A disclosure is made in accordance with this subsection if it is made—
(a) for the purposes of the exercise of any of the functions of the Secretary of State, NHS England, an integrated care board or a local authority in relation to the health service in England,
(b) for the purposes of the exercise of any of the Welsh Ministers' functions in relation to the health service in Wales,
(c) for the purposes of any civil proceedings brought in the exercise of any of the functions mentioned in paragraph (a) or (b),
(d) for the purposes of any criminal investigation or proceedings,
(e) for the purposes of any relevant disciplinary proceedings, or
(f) in accordance with an enactment or order of a court or tribunal.
(4) In subsection (3)—
“relevant disciplinary proceedings” means disciplinary proceedings conducted in relation to an individual by—
an NHS body, statutory health body or health service provider, or
any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (bodies within remit of the Professional Standards Authority for Health and Social Care).
(5) Where information to which this section applies is disclosed to any person in accordance with subsection (3), the information must not be used or further disclosed except—
(a) for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or
(b) in accordance with an enactment or order of a court or tribunal.
(6) Information to which this section applies may be disclosed in accordance with subsection (3) despite any obligation of confidence that would otherwise prohibit or restrict the disclosure.
(7) This section does not prohibit any disclosure or use of information relating to a particular person if it is made with the consent of that person.
202 Protection of personal information disclosed for purposes of proceedings
(1) Information obtained from personal records produced in compliance with a notice under section 197 is “protected information” for the purposes of this section if—
(a) a person (“the discloser”), in accordance with section 201(3), discloses the information for the purposes of any proceedings, and
(b) either—
(i) the identity of the individual in question can be ascertained from the information itself, or
(ii) the discloser has reasonable cause to believe that it will be possible for a person who obtains the information as a direct or indirect consequence of the disclosure to ascertain the individual's identity from that information taken with other information obtained by virtue of section 197 or 198 and disclosed by or on behalf of the Secretary of State.
(2) The discloser must take all reasonable steps to ensure that, once disclosed by him in accordance with section 201(3), the protected information is not further disclosed to any person who is not someone to whom it is necessary to disclose the information for any purpose connected with the proceedings mentioned in subsection (1)(a).
(3) In subsection (2) the reference to further disclosure of the information does not include any such disclosure—
(a) by way of evidence in any proceedings, or
(b) in accordance with an enactment or order of a court or tribunal.
(4) The Secretary of State must make provision, whether in a code of practice issued under section 200 or otherwise, for requiring any person disclosing protected information in accordance with section 201(3) to ensure, by the use of a distinguishing mark or in some other way, that the information is clearly identified as protected information for the purposes of this section.
(5) Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless—
(a) the whole of the proceedings are held in private, or
(b) in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).
(6) If, on an application by a party to—
(a) proceedings before a court, or
(b) proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,
the court or tribunal is satisfied that it is in the interests of justice for any information that appears to be protected information to be disclosed by way of evidence in the proceedings, it may give permission for the information to be so disclosed, on such terms as it thinks fit.
(7) When determining such an application, the court or tribunal must consider whether, in the interests of protecting the identity of the individual to whom the information relates, the whole or part of the proceedings should be held in private.
(8) If the court or tribunal is satisfied that the whole or part of the proceedings should be held in private, it must give such directions, or take such other steps, as appear to it to be appropriate.
(9) In this section “proceedings” means—
(a) criminal or civil proceedings, or
(b) relevant disciplinary proceedings (as defined by section 201(4)).
203 Manner in which disclosure notice may be served
(1) This section provides for the manner in which a notice may be served under section 197.
(2) The notice may be served on a person by—
(a) delivering it to him,
(b) leaving it at his proper address,
(c) sending it by post to him at that address.
(3) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—
(a) in the case of a notice to be served on the secretary, clerk or similar officer of a body corporate, it is the address of the registered office of that body or its principal office in the United Kingdom,
(b) in the case of a notice to be served on a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership in the United Kingdom, and
(c) in the case of a notice to be served on an officer of an unincorporated association (other than a partnership), it is the address of the principal office of the association in the United Kingdom.
204 Offences in connection with production of documents
(1) A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 197 or 198.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 3 on the standard scale,
or to both.
(3) If a person is convicted of an offence under subsection (1) in respect of a failure to produce a document and the failure continues after the date of his conviction, the person—
(a) commits a further offence, and
(b) is liable on summary conviction to a fine not exceeding 2% of level 3 on the standard scale for each day on which the failure so continues.
(4) A person commits an offence if, in purported compliance with any requirement imposed on him under section 198—
(a) he makes a statement which is false or misleading, and
(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
(5) “False or misleading” means false or misleading in a material particular.
(6) A person guilty of an offence under subsection (4) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both,
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both.
205 Offences relating to disclosure or use of information
(1) A person commits an offence if he fails to comply with section 201(2) or (5) or section 202(2).
(2) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both,
(b) on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.
(3) It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—
(a) any of the circumstances in subsection (4) applied, or
(b) he reasonably believed that they applied.
(4) The circumstances referred to in subsection (3) are—
(a) that the disclosure was lawful,
(b) that the information had already been lawfully made available to the public,
(c) that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,
(d) that the disclosure was made in a form in which no person to whom the information relates is identified.
(5) Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—
(a) from the information itself, or
(b) from that information taken with other information obtained by virtue of section 197 or 198 and disclosed by or on behalf of the Secretary of State.
(1) If an offence committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer, or
(b) to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) “Officer”, in relation to the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) If an offence committed by a partnership is proved—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) “Partner” includes a person purporting to act as a partner.
(6) If an offence committed by an unincorporated association (other than a partnership) is proved—
(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
(b) to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
(7) “Offence” means an offence under this Part.
207 Offences committed by partnerships and other unincorporated associations
(1) Proceedings for an offence alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(2) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).
(3) Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate.
(4) In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.
(5) A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
(6) A fine imposed on an unincorporated association on its conviction for an offence must be paid out of the funds of the association.
(7) Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 206(4) or (6).
(8) “Offence” means an offence under this Part.
208 Penalties for offences under this Part: transitional modification
(1) In relation to an offence committed before 2 May 2022, the reference in section 204(6)(b) to a period of imprisonment of the general limit in a magistrates’ court is a reference to a period of imprisonment of 6 months.
(2) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in sections 204(2)(a) and 205(2)(b) to periods of imprisonment of 51 weeks are references to periods of imprisonment of 3 months.
(1) Any power under this Part to make an order or regulations is exercisable by statutory instrument.
(2) Subject to subsection (3) a statutory instrument made by virtue of this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) A statutory instrument containing an order under section 196(7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Any power under this Part to make an order or regulations—
(a) may make different provision for different cases or descriptions of case or different purposes or areas, and
(b) may make incidental, supplementary, consequential, transitory, transitional or saving provision.
(1) In this Part—
“authorised officer”, in relation to any function, means (subject to subsection (5)) an officer of the Secretary of State authorised by him to act in exercise of the function,
“document” means anything in which information of any description is recorded,
“enactment” includes any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), and references to enactments include enactments passed or made after the passing of this Act,
“employed” means employed whether under a contract of service or a contract for services or otherwise, and whether for remuneration or not,
“functions to which this Part applies” has the meaning given by section 195(4),
“health service provider” , “public health service contractor” and “NHS contractor” have the meaning given by section 196,
“NHS body” must be construed in accordance with section 196,
“personal records” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984 (c. 60),
“statutory health body” has the meaning given by section 196.
(2) References in this Part to the provision of services—
(a) in relation to the Secretary of State, local authorities, statutory health bodies, health service providers , public health service contractors or NHS contractors, include references to the provision of goods or facilities, and
(b) include references to the provision of services (or goods or facilities) wherever that takes place.
(3) References in this Part to the health service are references to the health service in England.
(4) In relation to information recorded otherwise than in legible form, any reference in this Part to the production of documents is a reference to the production of a copy of the information in legible form.
(5) Where functions of the Secretary of State are exercisable by a Special Health Authority—
(a) references in this Part to authorised officers include officers of the Special Health Authority authorised by or on behalf of the Special Health Authority to act in exercise of the functions, and
(b) references in this Part to information held or disclosed by or on behalf of the Secretary of State include information held or disclosed by or on behalf of the Special Health Authority.
(1) The Secretary of State may acquire—
(a) any land, either by agreement or compulsorily,
(b) any other property,
required by him for the purposes of this Act.
(2) In particular, land may be so acquired to provide residential accommodation for persons employed for any of those purposes.
(3) The Secretary of State may use for the purposes of any of the functions conferred on him by this Act any property belonging to him by virtue of this Act, and he has power to maintain all such property.
(4) A local authority may be authorised to purchase land compulsorily for the purposes of this Act by means of an order made by the authority and confirmed by the Secretary of State.
(4A) In subsection (4), “local authority” has the same meaning as in section 2B.
(5) The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase of land under this section.
(6) Section 120(3) of the Local Government Act 1972 (c. 70) (which relates to the application of Part 1 of the Compulsory Purchase Act 1965 (c. 56) where a council is authorised to acquire land by agreement) applies to the acquisition of land by the Secretary of State under this section as it applies to such acquisition by a council under that section.
(7) Sections 238 and 239 of the Town and Country Planning Act 1990 (c. 8) (use and development of consecrated land and burial grounds) apply to consecrated land or land comprised in a burial ground (within the meaning of section 240 of that Act) which—
(a) the Secretary of State holds for the purposes of the health service, and
(b) has not been the subject of a relevant acquisition (within the meaning of that section) by him,
as if that land had been the subject of such an acquisition by him for those purposes.
(1) The Secretary of State may, having regard to any change or proposed change—
(a) in the arrangements for the administration of a hospital or other establishment or facility, or
(b) in the area or functions of any NHS body other than an NHS foundation trust,
by order provide for the transfer of any trust property from any relevant health service body to any other relevant health service body.
(2) In this section “relevant health service body” means—
(a) an NHS body,
(b) Welsh special trustees, or
(c) trustees for ... ... an NHS trust ....
(3) Where property is transferred by an order under this section to two or more bodies, it must be apportioned by them in such proportions as they may agree, or as may in default of agreement be determined by the Secretary of State, and the order may provide for the way in which the property must be apportioned.
(4) Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
(5) In this section “Welsh special trustees” means special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006 (c. 42).
214 Transfer of functions and property to or from Welsh special trustees
(1) If it appears to the Secretary of State at any time that all the functions of any Welsh special trustees should be discharged by NHS England, an integrated care board, ... an NHS trust, a Special Health Authority or an NHS foundation trust, he may by order provide for the transfer of all trust property from the Welsh special trustees to the body or, in such proportions as may be specified in the order, to those bodies.
(2) Before acting under subsection (1) the Secretary of State must consult the Welsh special trustees and other bodies concerned.
(3) If it appears to the Secretary of State at any time that—
(a) the functions of any Welsh special trustees should be discharged by the trustees for ... ... an NHS trust ... (“the trustees of the body”), or
(b) the functions of the trustees of the body should be discharged by Welsh special trustees,
he may, after consulting the Welsh special trustees and the trustees of the body, by order provide for the transfer of all trust property from the Welsh special trustees to the trustees of the body, or from the trustees of the body to the Welsh special trustees.
(4) Where property is transferred by an order under this section to two or more bodies, it must be apportioned by them in such proportions as they may agree, or as may in default of agreement be determined by the Secretary of State, and the order may provide for the way in which the property must be apportioned.
(5) Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
(6) “Welsh special trustees” means special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.
216 Application of trust property: further provisions
(1) Any discretion given by a trust instrument to the trustees of property transferred under—
(a) section 24 of the National Health Service Reorganisation Act 1973 (c. 32) (transfer of trust property from abolished authorities),
(b) section 25 of that Act (transfer of trust property held for health services by local health authorities),
(c) section 92 of the National Health Service Act 1977 (c. 49) (further transfers of trust property), or
(d) section 213 or 214 of this Act,
is exercisable by the person to whom the property is so transferred and, subject to this section, the transfer does not affect the trusts on which the property is held.
(2) Where—
(a) property has been transferred under section 24 of the National Health Service Reorganisation Act 1973, or section 92 of the National Health Service Act 1977, and
(b) any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees consider appropriate without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,
the discretion is enlarged so as to allow the application of the property or of the income arising from the property, to such extent as the trustees consider appropriate, for any other part of the health service associated with any hospital.
(3) Subsection (2) applies on any subsequent transfer of the property under section 213 or 214 of this Act or section 300 or 302 of the Health and Social Care Act 2012.
(1) This section applies in relation to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) sections 213 and 214,
(c) section 216,
(d) section 218,
(e) section 220,
(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(eb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(i) paragraph 8 of Schedule 6.
(2) A provision—
(a) contained in a provision to which this section applies,
(b) for the transfer of any property,
includes provision for the transfer of any rights and liabilities arising from that property.
(3) Where a transfer of property by virtue of a provision to which this section applies is of, or includes—
(a) land held on lease from a third party, or
(b) any other asset leased or hired from a third party or in which a third party has an interest,
the transfer is binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.
(4) “Third party” means a person other than the Secretary of State or an NHS body.
(5) Nothing in a provision to which this section applies affects any power of Her Majesty, the court (as defined in the Charities Act 2011) or any other person, to alter the trusts of any charity.
(6) Nothing in section 12 of the Finance Act 1895 (c. 16) (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to—
(a) a provision to which this section applies, or
(b) an order made in pursuance of any such provision.
(7) Stamp duty is not payable on an order falling within subsection (6)(b).
(1) Subsection (2) applies where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any health service hospital.
(2) The trust instrument must be construed as authorising or requiring the trustees to apply the trust property to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate hospital authority.
(3) Any sum paid to the appropriate hospital authority must, so far as practicable, be applied by it for the purpose specified in the trust instrument.
(4) “The appropriate hospital authority” means—
(a) where Welsh special trustees are appointed for the hospital, those trustees,
(b) where the hospital is managed by, and trustees have been appointed for, an NHS trust, ... ..., the trustees,
(c) where the hospital is managed by an NHS trust, an NHS foundation trust ... and neither paragraph (a) nor paragraph (b) applies, the NHS trust, NHS foundation trust ..., and
(d) in any other case—
(i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,
(ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.
(5) Nothing in this section applies to property transferred under section 24 of the National Health Service Reorganisation Act 1973.
(6) In this section—
“health service hospital” includes such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42), and
“Welsh special trustees” means special trustees within the meaning of section 160 of that Act.