Law

National Health Service Act 2006

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 516 provisions
  1. Title and introductory text
  2. 1 Secretary of State's duty to promote comprehensive health service
  3. 1A Duty as to improvement in quality of services
  4. 1B Duty as to the NHS Constitution
  5. 1C Duty as to reducing inequalities
  6. 1D Duty as to promoting autonomy
  7. 1E Duty as to research
  8. 1F Duty as to education and training
  9. 1G Secretary of State's duty as to reporting on and reviewing treatment of providers
  10. 1GA Secretary of State’s duty to report on workforce systems
  11. 1H NHS England and its general functions
  12. 1I General functions of integrated care boards
  13. 2. General power
  14. 2A Secretary of State's duty as to protection of public health
  15. 2B Functions of local authorities and Secretary of State as to improvement of public health
  16. 3. Duties of integrated care boards as to commissioning certain health services
  17. 3A. Power of integrated care boards to commission certain health services
  18. 3B Secretary of State's power to require NHS England to commission services
  19. 4 High security psychiatric services
  20. 5 Other services
  21. 6 Performance of functions outside England
  22. 6A Reimbursement of cost of services provided in another EEA state
  23. 6B Prior authorisation for the purposes of section 6A
  24. 6BA Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013.
  25. 6BB Prior authorisation for the purposes of section 6BA
  26. 6C Regulations as to the exercise by local authorities of certain public health functions
  27. 6D Regulations relating to EU obligations
  28. 6E Regulations as to the exercise of functions by NHS England or integrated care boards
  29. 6F Enforcement of section 6E regulations relating to patient choice
  30. 6G Guidance relating to patient choice
  31. 7 Functions of Special Health Authorities
  32. 7A. Exercise of Secretary of State’s public health functions
  33. 7B Directions requiring NHS bodies to exercise public health functions
  34. 7C Power of direction: investigation functions
  35. 7D Transfer schemes in connection with a direction under section 7C
  36. 7E Transfer schemes under section 7D: taxation
  37. 8 Secretary of State's directions to certain health service bodies
  38. 9 NHS contracts
  39. 10 Provision for bodies in Northern Ireland
  40. 10A Provision for bodies in Scotland
  41. 11 Arrangements to be treated as NHS contracts
  42. 12 Secretary of State's arrangements with other bodies
  43. 12ZA Commissioning arrangements by NHS England or integrated care boards
  44. 12ZB Procurement regulations
  45. 12ZC Eradicating slavery and human trafficking in supply chains
  46. 12A Direct payments for health care
  47. 12B Regulations about direct payments
  48. 12C Direct payments pilot schemes
  49. 12D Arrangements with other bodies relating to direct payments
  50. 12E Secretary of State's duty as respects variation in provision of health services
  51. 12F Expected mental health spending
  52. 13A Mandate to NHS England
  53. 13B Review of NHS England’s performance in implementing the mandate
  54. 13C Duty to promote NHS Constitution
  55. 13D Duty as to effectiveness, efficiency etc.
  56. 13E Duty as to improvement in quality of services
  57. 13F Duty as to promoting autonomy
  58. 13G Duty as to reducing inequalities
  59. 13H Duty to promote involvement of each patient
  60. 13I Duty as to patient choice
  61. 13J Duty to obtain appropriate advice
  62. 13K Duty to promote innovation
  63. 13L Duty in respect of research
  64. 13M Duty as to promoting education and training
  65. 13N Duty as to promoting integration
  66. 13NA Duty to have regard to wider effect of decisions
  67. 13NB Guidance about discharge of duty
  68. 13NC Duties as to climate change etc
  69. 13ND Guidance about discharge of duty under section 13NC etc
  70. 13O Duty to have regard to impact on services in certain areas
  71. 13P Duty as respects variation in provision of health services
  72. 13PA Duty to cooperate for education and training functions and specified functions
  73. 13Q Public involvement and consultation by NHS England
  74. 13R Information on safety of services provided by the health service
  75. 13S Guidance in relation to processing of information
  76. 13SA Information about inequalities
  77. 13SB Minimising conflicts between regulatory and other functions
  78. 13SC Provision of regulatory information or assistance to the CMA
  79. 13T Business plan
  80. 13U Annual report
  81. 13UA Guidance about joint appointments
  82. 13V Establishment of pooled funds
  83. 13W NHS England’s power to generate income, etc.
  84. 13X Power to make grants etc.
  85. 13Y NHS England’s incidental powers: further provision
  86. 13YA Power of NHS England to provide assistance and support
  87. 13YB Directions in respect of functions relating to provision of services
  88. 13Z Exercise of functions
  89. 13ZA Section 13Z: further provision in relation to devolved arrangements
  90. 13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d)
  91. 13ZC Secretary of State directions as to exercise of NHS England functions
  92. 13ZD Power to give directions: exceptions
  93. 13ZE Compliance with directions: significant failure
  94. 13ZF Secretary of State directions to provide information
  95. 13Z1 Power to confer additional functions on NHS England
  96. 13Z2 Failure by the Board to discharge any of its functions
  97. 13Z3 Permitted disclosures of information
  98. 13Z4 Interpretation
  99. 14G Mergers
  100. 14Z25 Duty to establish integrated care boards
  101. 14Z26 Process for establishing initial integrated care boards
  102. 14Z27 Abolition of clinical commissioning groups
  103. 14Z28 Transfer schemes in connection with integrated care boards
  104. 14Z29 Duty for integrated care board to publish constitution
  105. 14Z30 Register of interests and management of conflicts of interests
  106. 14Z31 People for whom integrated care board has responsibility
  107. 14Z32 Duty to promote NHS Constitution
  108. 14Z33 Duty as to effectiveness, efficiency etc
  109. 14Z34 Duty as to improvement in quality of services
  110. 14Z35 Duties as to reducing inequalities
  111. 14Z36 Duty to promote involvement of each patient
  112. 14Z37 Duty as to patient choice
  113. 14Z38 Duty to obtain appropriate advice
  114. 14Z39 Duty to promote innovation
  115. 14Z40 Duty in respect of research
  116. 14Z41 Duty to promote education and training
  117. 14Z42 Duty to promote integration
  118. 14Z43 Duty to have regard to wider effect of decisions
  119. 14Z44 Duties as to climate change etc
  120. 14Z45 Public involvement and consultation by integrated care boards
  121. 14Z46 Joint exercise of functions with Local Health Boards
  122. 14Z47 Raising additional income
  123. 14Z48 Power to make grants
  124. 14Z49 Duty to keep experience of members under review etc
  125. 14Z50 Responsibility for payments to providers
  126. 14Z51 Guidance by NHS England
  127. 14Z52 Joint forward plans for integrated care board and its partners
  128. 14Z53 Revision of forward plans
  129. 14Z54 Consultation about forward plans
  130. 14Z55 Opinion of Health and Wellbeing Boards on forward plan
  131. 14Z56 Joint capital resource use plan for integrated care board and its partners
  132. 14Z57 Revision of joint capital resource use plans
  133. 14Z58 Annual report
  134. 14Z59 Performance assessment of integrated care boards
  135. 14Z60 Power of NHS England to obtain information
  136. 14Z61 Power to give directions to integrated care boards
  137. 14Z62 Section 14Z61 directions: consultation and cooperation
  138. 14Z63 Permitted disclosures of information
  139. 14Z64 Interpretation
  140. 25 NHS trusts
  141. 26 General duty of NHS trusts
  142. 26A Duty to have regard to wider effect of decisions
  143. 26B Duties in relation to climate change etc
  144. 27 Financial provisions relating to NHS trusts
  145. 27A Oversight and support of NHS trusts
  146. 27B NHS England’s directions to NHS trusts
  147. 27C Recommendations about restructuring
  148. 27D Intervention in NHS trusts: recommendations etc by NHS England
  149. 28 Special Health Authorities
  150. 28A Special Health Authorities: further provision
  151. 29 Exercise of Special Health Authority functions
  152. 29A Special Health Authorities: accounts and audit
  153. 30 NHS foundation trusts
  154. 31 Independent Regulator of NHS Foundation Trusts
  155. 32 General duty of regulator
  156. 33 Applications by NHS trusts
  157. 34 Other applications
  158. 35 Authorisation of NHS foundation trusts
  159. 36 Effect of authorisation
  160. 37 Amendments of constitution
  161. 38 Variation of authorisation
  162. 39 Register of NHS foundation trusts
  163. 39A Panel for advising governors
  164. 40 Power of Secretary of State to give financial assistance
  165. 41 Prudential borrowing code
  166. 42 Public dividend capital
  167. 42A Criteria for making loans etc.
  168. 42B Limits on capital expenditure
  169. 42C Guidance in relation to orders under section 42B
  170. 43 Provision of goods and services
  171. 44 Power to charge for accommodation etc.
  172. 45 Protection of property
  173. 46 Financial powers
  174. 47 General powers
  175. 47A Joint exercise of functions
  176. 48 Information
  177. 49 Entry and inspection of premises
  178. 50 Fees
  179. 51 Trust funds and trustees
  180. 51A Significant transactions
  181. 52 Failing NHS foundation trusts
  182. 52A Application of sections 52B to 52E
  183. 52B De-authorisation: regulator's notice
  184. 52C Grounds for de-authorisation notice
  185. 52D De-authorisation
  186. 52E Secretary of State's request
  187. 53 Voluntary arrangements
  188. 54 Dissolution etc
  189. 55 Sections 53 and 54: supplementary
  190. 56 Mergers
  191. 56A Acquisitions
  192. 56AA Acquisitions under section 56A: supplementary
  193. 56B Separations
  194. 57 Sections 56 to 56B: supplementary
  195. 57A Dissolution
  196. 58 Taxation
  197. 59 Conduct of elections
  198. 60 Voting and standing for election
  199. 61 Representative membership
  200. 62 Audit
  201. 63 General duty of NHS foundation trusts
  202. 63A Duty to have regard to wider effect of decisions
  203. 63B Duties in relation to climate change etc
  204. 64 Orders and regulations under this Chapter
  205. 65 Interpretation of this Chapter
  206. 65A Application
  207. 65B NHS trusts: appointment of trust special administrator
  208. 65BA Care Quality Commission report on safety and quality of services
  209. 65C Suspension of directors
  210. 65D NHS foundation trusts: appointment of trust special administrator
  211. 65DA Objective of trust special administration
  212. 65E NHS foundation trusts: de-authorisation and appointment of trust special administrator
  213. 65F Draft report
  214. 65G Consultation plan
  215. 65H Consultation requirements
  216. 65I Final report
  217. 65J Power to extend time
  218. 65K. Decision of NHS England or Secretary of State in case of NHS trust
  219. 65KA NHS England’s decision in case of NHS foundation trust
  220. 65KB Secretary of State's response to NHS England’s decision
  221. 65KC Action following Secretary of State's rejection of final report
  222. 65KD Secretary of State's response to re-submitted final report
  223. 65L Trusts coming out of administration
  224. 65LA Trusts to be dissolved
  225. 65M Replacement of trust special administrator
  226. 65N Guidance
  227. 65O Interpretation of this Chapter
  228. 65Z4 Consolidated accounts for NHS trusts and NHS foundation trusts
  229. 65Z5 Joint working and delegation arrangements
  230. 65Z6 Joint committees and pooled funds
  231. 65Z7 Joint working and delegation: guidance by NHS England
  232. 66 Intervention orders
  233. 67 Effect of intervention orders
  234. 68 Default powers
  235. 68A Reconfiguration of NHS services
  236. 69 Protection from personal liability
  237. 69A Transfer schemes: NHS trusts and NHS foundation trusts
  238. 70 Transfer of residual liabilities of certain health service bodies
  239. 71 Schemes for meeting losses and liabilities etc of certain health service bodies
  240. 72 Co-operation between NHS bodies
  241. 72A Exemption from Part 3 of the Enterprise Act 2002
  242. 73 Directions and regulations under this Part
  243. 73A Appointment of directors of public health
  244. 73B Exercise of public health functions of local authorities: further provision
  245. 73C Complaints about exercise of public health functions by local authorities
  246. 74 Supply of goods and services by local authorities
  247. 75 Arrangements between NHS bodies and local authorities
  248. 76 Power of local authorities to make payments
  249. 77 Care Trusts
  250. 78 Directed partnership arrangements
  251. 79 Further provision about directions and directed partnership arrangements
  252. 80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards
  253. 81 Conditions of supply under section 80
  254. 82 Co-operation between NHS bodies and local authorities
  255. 83 Primary medical services
  256. 84. General medical services contracts: introductory
  257. 85 Requirement to provide certain primary medical services
  258. 86. Persons eligible to enter into GMS contracts
  259. 87. GMS contracts: payments
  260. 88 GMS contracts: prescription of drugs, etc
  261. 89 GMS contracts: other required terms
  262. 90 GMS contracts: disputes and enforcement
  263. 91 Persons performing primary medical services
  264. 92. Arrangements by the Board for the provision of primary medical services
  265. 93. Persons with whom agreements may be made under section 92
  266. 94 Regulations about section 92 arrangements
  267. 95 Transfer of liabilities relating to section 92 arrangements
  268. 96. Assistance and support: primary medical services
  269. 97. Local Medical Committees
  270. 98 Use of accommodation: provision of primary medical services
  271. 98A. Exercise of functions
  272. 99. Primary dental services
  273. 100 General dental services contracts: introductory
  274. 101 Requirement to provide certain primary dental services
  275. 102 Persons eligible to enter into GDS contracts
  276. 103 GDS contracts: payments
  277. 104 GDS contracts: other required terms
  278. 105 GDS contracts: disputes and enforcement
  279. 106 Persons performing primary dental services
  280. 107 Arrangements by the Board for the provision of primary dental services
  281. 108 Persons with whom agreements may be made under section 107
  282. 109 Regulations about section 107 arrangements
  283. 110 Transfer of liabilities relating to section 107 arrangements
  284. 111 Dental public health
  285. 112 Assistance and support: primary dental services
  286. 113 Local Dental Committees
  287. 114 Use of accommodation: provision of primary dental services
  288. 114A. Exercise of functions
  289. 115. Primary ophthalmic services
  290. 116 Regulations under section 115: supplementary
  291. 117 General ophthalmic services contracts: introductory
  292. 118 Persons eligible to enter into GOS contracts
  293. 119 Exclusion of contractors
  294. 120 GOS contracts: payments
  295. 121 GOS contracts: other required terms
  296. 122 GOS contracts: disputes and enforcement
  297. 123 Persons performing primary ophthalmic services
  298. 124 Assistance and support: primary ophthalmic services
  299. 125 Local Optical Committees
  300. 125A Exercise of functions
  301. 126 Arrangements for pharmaceutical services
  302. 127 Arrangements for additional pharmaceutical services
  303. 128 Terms and conditions, etc
  304. 128A Pharmaceutical needs assessments
  305. 129 Regulations as to pharmaceutical services
  306. 130 Regulations under section 129: appeals, etc
  307. 131 Power to charge
  308. 132 Persons authorised to provide pharmaceutical services
  309. 133 Inadequate provision of pharmaceutical services
  310. 134 Pilot schemes
  311. 135 Making pilot schemes
  312. 136 Designation of priority neighbourhoods or premises
  313. 137 Reviews of pilot schemes
  314. 138 Variation and termination of pilot schemes
  315. 139 NHS contracts and the provision of piloted services
  316. 140 Funding of preparatory work
  317. 141 Application of this Act
  318. 142 Premises from which piloted services may be provided
  319. 143 Control of entry regulations
  320. 144 Local pharmaceutical services schemes
  321. 145 Application of enactments
  322. 146 Persons performing local pharmaceutical services
  323. 147 Assistance and support: local pharmaceutical services
  324. 147A Performers of pharmaceutical services and assistants
  325. 147B Further provision about regulations under section 147A
  326. 148 Conditional inclusion in pharmaceutical lists
  327. 149 Supplementary lists
  328. 150 Further provision about regulations under section 149
  329. 150A Notices and penalties
  330. 151 Disqualification of practitioners
  331. 152 Contingent removal
  332. 153 Fraud and unsuitability cases: supplementary
  333. 154 Suspension
  334. 155 Suspension pending appeal
  335. 156 Effect of suspension
  336. 157 Review of decisions
  337. 158 Appeals
  338. 159 National disqualification
  339. 160 Notification of decisions
  340. 161 Withdrawal from lists
  341. 162 Regulations about decisions under this Chapter
  342. 163 Corresponding provisions in Scotland and Northern Ireland
  343. 164 Remuneration for persons providing pharmaceutical services
  344. 165 Section 164: supplementary
  345. 165A Pharmaceutical remuneration: further provision
  346. 166 Indemnity cover
  347. 167 Local Pharmaceutical Committees
  348. 168 Use of accommodation: provision of pharmaceutical services and local pharmaceutical services
  349. 168A Exercise of functions
  350. 169 Appeals to the First-tier Tribunal
  351. 170 FHSAA: financial provisions
  352. 171 Conditions of use of services of persons under section 169
  353. 172 Charges for drugs, medicines or appliances, or pharmaceutical services
  354. 173 Exemptions from general charging
  355. 174 Pre-payment certificates
  356. 175 Charges in respect of non-residents
  357. 176 Dental charging
  358. 177 Exemptions from dental charging
  359. 178 Charges, recovery of payments and penalties
  360. 179 Charges for optical appliances
  361. 180 Payments in respect of costs of optical appliances and sight tests
  362. 181 Section 180: supplementary
  363. 182 Remission and repayment of charges
  364. 183 Payment of travelling expenses
  365. 184 Sections 182 and 183: supplementary
  366. 185 Charges for more expensive supplies
  367. 186 Charges for repairs and replacements in certain cases
  368. 186A Charges in respect of public health functions
  369. 187 Charges for designated services or facilities
  370. 188 Sums otherwise payable to those providing services
  371. 189 Hospital accommodation on part payment
  372. 190 Expenses payable by employed patients
  373. 191 Recovery of charges
  374. 192 Recovery of charges and payments in relation to goods and services
  375. 193 Penalties relating to charges
  376. 194 Offences relating to charges
  377. 195 Compulsory disclosure of documents
  378. 196 Persons and bodies about which provision is made by this Part
  379. 197 Notice requiring production of documents
  380. 198 Production of documents
  381. 199 Delegation of functions
  382. 200 Code of practice relating to delegated functions
  383. 201 Disclosure of information
  384. 202 Protection of personal information disclosed for purposes of proceedings
  385. 203 Manner in which disclosure notice may be served
  386. 204 Offences in connection with production of documents
  387. 205 Offences relating to disclosure or use of information
  388. 206 Offences by bodies corporate etc
  389. 207 Offences committed by partnerships and other unincorporated associations
  390. 208 Penalties for offences under this Part: transitional modification
  391. 209 Orders and regulations under this Part
  392. 210 Interpretation of this Part
  393. 211 Acquisition, use and maintenance of property
  394. 212 Special trustees for a university hospital or teaching hospital
  395. 213 Transfers of trust property
  396. 214 Transfer of functions and property to or from Welsh special trustees
  397. 215 Trustees and property under section 222
  398. 216 Application of trust property: further provisions
  399. 217 Trusts: supplementary provisions
  400. 218 Private trusts for hospitals
  401. 219 Transferred property free of trusts
  402. 220 Trust property previously held for general hospital purposes
  403. 221 Voluntary hospitals
  404. 222 Power to raise money
  405. 223 Public-private partnerships
  406. 223A. Application of section 223 to integrated care boards
  407. 223B Funding of NHS England
  408. 223C. Financial duties of NHS England: expenditure
  409. 223CA NHS England: banking facilities
  410. 223D. Financial duties of NHS England: controls on total resource use
  411. 223E. Financial duties of NHS England: additional controls on resource use
  412. 223F Power to establish contingency fund
  413. 223G Means of meeting expenditure of integrated care boards out of public funds
  414. 223GA Expenditure on integration
  415. 223GB Power to impose financial requirements on integrated care boards
  416. 223GC Financial duties of integrated care boards: expenditure limits
  417. 223GD Integrated care boards: banking facilities
  418. 223H Financial duties of clinical commissioning groups: expenditure
  419. 223I Financial duties of clinical commissioning groups: use of resources
  420. 223J Financial duties of clinical commissioning groups: additional controls on resource use
  421. 223K Payments in respect of quality
  422. 223L Joint financial objectives for integrated care boards etc
  423. 223M Financial duties of integrated care boards etc: use of resources
  424. 223N Financial duties of integrated care boards etc: additional controls on resource use
  425. 223O Resources etc relevant to section 223D, 223E or 223M
  426. 224 Means of meeting expenditure of Strategic Health Authorities out of public funds
  427. 225 Means of meeting expenditure of Special Health Authorities out of public funds
  428. 226 Financial duties of ... Special Health Authorities
  429. 227 Resource limits for ... Special Health Authorities
  430. 228 Public funding of Primary Care Trusts
  431. 229 Financial duties of Primary Care Trusts
  432. 230 Resource limits for Primary Care Trusts
  433. 231 Further provision about the expenditure of Primary Care Trusts
  434. 232 Accounts and audit
  435. 233 Allowances for members of certain bodies
  436. 234 Special arrangement as to payment of remuneration
  437. 235 Superannuation of officers of certain hospitals
  438. 236 Payments for certain medical examinations
  439. 237 Establishment of Patients' Forums
  440. 238 Additional functions of PCT Patients' Forums
  441. 239 Entry and inspection of premises
  442. 240 Annual reports
  443. 241 Further provision about Patients' Forums
  444. 242 Public involvement and consultation
  445. 242A Strategic Health Authorities: further duty to involve users
  446. 242B Directions in cases where Strategic Health Authority arranges involvement
  447. 243 The Commission for Patient and Public Involvement in Health
  448. 244 Review and scrutiny by local authorities
  449. 245 Joint overview and scrutiny committees etc
  450. 246 Business relating to functions of local authorities by virtue of section 244: exempt information
  451. 247 Application to the City of London
  452. 247A Application to certain other local authorities without overview and scrutiny committees
  453. 247B Co-operation in relation to public health functions
  454. 247C Secretary of State's duty to keep health service functions under review
  455. 247D Secretary of State's annual report
  456. 248 Independent advocacy services
  457. 249 Joint working with the prison service
  458. 250 Secretary of State's standing advisory committees
  459. 250A National Information Governance Board: functions
  460. 250B National Information Governance Board: Wales
  461. 250C National Information Governance Board: further provisions.
  462. 250D National Information Governance Board: annual reports
  463. 251 Control of patient information
  464. 252 Consultation with the Care Quality Commission
  465. 252A Role of NHS England and integrated care boards in respect of emergencies
  466. 253 Emergency powers
  467. 254 Local social service authorities
  468. 254A
  469. 255 Supplies not readily obtainable
  470. 256 Power of NHS England or an integrated care board to make payments towards expenditure on community services
  471. 257 Payments in respect of voluntary organisations under section 256
  472. 258 University clinical teaching and research
  473. 259 Sale of medical practices
  474. 260 Control of maximum price of medical supplies other than health service medicines
  475. 261 Powers relating to voluntary schemes
  476. 262 Power to control prices
  477. 263 Statutory schemes
  478. 264 Statutory schemes: supplementary
  479. 264A Provision of information about health service products
  480. 264B Disclosure of information
  481. 264C Sections 264A and 264B: supplementary
  482. 265 Enforcement
  483. 266 Controls: supplementary
  484. 267 Permission for use of facilities in private practice
  485. 268 Persons displaced by health service development
  486. 269 Special notices of births and deaths
  487. 270 Provision of information by Registrar General
  488. 271 Territorial limit of exercise of functions
  489. 271A Services to be treated as services of the Crown for certain purposes
  490. 272 Orders, regulations, rules and directions
  491. 273 Further provision about orders and directions under this Act
  492. 274 Supplementary regulatory powers
  493. 275 Interpretation
  494. 275A References to functions: delegation etc
  495. 276 Index of defined expressions
  496. 277 Commencement
  497. 278 Short title, extent and application
  498. SCHEDULE A1 NHS England
  499. SCHEDULE 1 Further provision about the Secretary of State and services under this Act
  500. SCHEDULE 1ZA Patient choice: undertakings by integrated care boards
  501. SCHEDULE 1A Clinical commissioning groups
  502. SCHEDULE 1B Integrated care boards
  503. SCHEDULE 4 NHS trusts established under section 25
  504. SCHEDULE 5 Financial provision about NHS trusts established under section 25
  505. SCHEDULE 6 Special Health Authorities established under section 28
  506. SCHEDULE 7 Constitution of public benefit corporations
  507. SCHEDULE 10 Audit of accounts of NHS foundation trusts
  508. SCHEDULE 10A Intervention powers in relation to the reconfiguration of NHS services
  509. SCHEDULE 11 Pilot schemes
  510. SCHEDULE 12 LPS schemes
  511. SCHEDULE 12A Pharmaceutical remuneration
  512. SCHEDULE 16 The Commission for Patient and Public Involvement in Health
  513. SCHEDULE 17 Exempt information relating to health services
  514. SCHEDULE 18 Section 75 arrangements: transfer of staff
  515. SCHEDULE 21 Prohibition of sale of medical practices
  516. SCHEDULE 22 Control of maximum prices for medical supplies

Proposed changes to this act

No one has proposed a change to this act yet.

516 provisions

72A Exemption from Part 3 of the Enterprise Act 2002

(1) For the purposes of Part 3 of the Enterprise Act 2002 (mergers), a relevant merger situation is not to be treated as having been created where two or more relevant NHS enterprises cease to be distinct enterprises. (2) But subsection (1) does not apply to a case where two or more relevant NHS enterprises and one or more enterprises that are not relevant NHS enterprises cease to be distinct enterprises. (3) In this section “relevant NHS enterprise” means the activities, or part of the activities, of— (a) an NHS trust established under section 25; (b) an NHS foundation trust.

Propose a change

73 Directions and regulations under this Part

(1) This section applies to directions and regulations under any of— (a) section 7, (aa) section 7B, (ab) section 7C, (b) section 8, (ba) section 13YB, (bb) section 27B, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) section 29. (2) Except in prescribed cases, the directions and regulations must not preclude a person or body by whom the function is exercisable apart from the directions or regulations from exercising the function.

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73A Appointment of directors of public health

(1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have responsibility for — (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1, (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3), (c) anything done by the authority in pursuance of arrangements under section 7A, (ca) the exercise by the authority of any public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75, (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies involving a risk to public health, (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and (f) such other functions relating to public health as may be prescribed. (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of public health. (3) Subsection (4) applies if the Secretary of State— (a) considers that the director has failed or might have failed to discharge (or to discharge properly) the responsibilities of the director under— (i) subsection (1)(b), or (ii) subsection (1)(c) where the arrangements relate to the Secretary of State's functions under section 2A, and (b) has consulted the local authority. (4) The Secretary of State may direct the local authority to— (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a); (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities; (c) consider taking any steps specified in the direction; (d) report to the Secretary of State on the action it has taken in pursuance of a direction given under any of the preceding paragraphs. (5) A local authority may terminate the appointment of its director of public health. (6) Before terminating the appointment of its director of public health, a local authority must consult the Secretary of State. (7) A local authority must have regard to any guidance given by the Secretary of State in relation to its director of public health, including guidance as to appointment and termination of appointment, terms and conditions and management. (8) In this section, “local authority” has the same meaning as in section 2B.

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73B Exercise of public health functions of local authorities: further provision

(1) A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any document published by the Secretary of State for the purposes of this section. (2) The functions mentioned in this subsection are— (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1, (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3), (c) anything done by the authority in pursuance of arrangements under section 7A, (ca) any public health functions of the Secretary of State exercisable by the authority in pursuance of arrangements made with another body by virtue of section 65Z5 or 75, (d) the functions of the authority under section 325 of the Criminal Justice Act 2003, and (e) such other functions relating to public health as may be prescribed. (3) The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in subsection (2). (4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to the appointment of officers of the local authority to discharge any functions mentioned in subsection (2), and as to their terms and conditions, management and dismissal. (5) The director of public health for a local authority must prepare an annual report on the health of the people in the area of the local authority. (6) The local authority must publish the report. (7) In this section, “local authority” has the same meaning as in section 2B.

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73C Complaints about exercise of public health functions by local authorities

(1) Regulations may make provision about the handling and consideration of complaints made under the regulations about — (a) the exercise by a local authority of any of its public health functions; (b) the exercise by a local authority of its functions by virtue of section 6C(1) or (3); (c) anything done by a local authority in pursuance of arrangements made under section 7A; (ca) anything done by a local authority in the exercise of public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75; (d) the exercise by a local authority of any of its other functions— (i) which relate to public health, and (ii) for which its director of public health has responsibility; (e) the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d). (2) The regulations may provide for a complaint to be considered by one or more of the following— (a) the local authority in respect of whose functions the complaint is made; (b) an independent panel established under the regulations; (c) any other person or body. (3) The regulations may provide for a complaint or any matter raised by a complaint— (a) to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part; (b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations. (4) Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974. (5) Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act. (6) In this section, “local authority” has the same meaning as in section 2B.

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74 Supply of goods and services by local authorities

(1) In the Local Authorities (Goods and Services) Act 1970 (c. 39) the expression “public body” includes— (a) NHS England and any integrated care board or... Special Health Authority ..., and (b) so far as relates to his functions under this Act, the Secretary of State. (2) Subsection (1) has effect as if made by an order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 and may be varied or revoked by such an order. (3) Each local authority must make services available to each NHS body acting in its area, so far as is reasonably necessary and practicable to enable the NHS body to discharge its functions under this Act. (4) “services” means— (a) in relation to a local authority in England, the services of persons employed by the authority for the purposes of its functions under the Local Authority Social Services Act 1970 (c. 42); (b) in relation to a local authority in Wales, the services of persons employed by the authority for the purposes of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

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75 Arrangements between NHS bodies and local authorities

(1) The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and prescribed local authorities (on the other) to enter into prescribed arrangements in relation to the exercise of— (a) prescribed functions of the NHS bodies, and (b) prescribed health-related functions of the local authorities, if the arrangements are likely to lead to an improvement in the way in which those functions are exercised. (2) The arrangements which may be prescribed include arrangements— (a) for or in connection with the establishment and maintenance of a fund— (i) which is made up of contributions by one or more NHS bodies and one or more local authorities, and (ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the authority or authorities, (b) for or in connection with the exercise by an NHS body on behalf of a local authority of prescribed health-related functions of the authority in conjunction with the exercise by the NHS body of prescribed functions of the NHS body, (c) for or in connection with the exercise by a local authority on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the local authority of prescribed health-related functions of the local authority, (d) as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c), (e) as to the making of payments by a local authority to an NHS body in connection with any arrangements mentioned in paragraph (b), (f) as to the making of payments by an NHS body to a local authority in connection with any arrangements mentioned in paragraph (c). (3) Regulations under this section may make provision— (a) as to the cases in which NHS bodies and local authorities may enter into prescribed arrangements, (b) as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation), (c) for or in connection with requiring the consent of the Secretary of State to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval), (d) in relation to the duration of prescribed arrangements, (e) for or in connection with the variation or termination of prescribed arrangements, (f) as to the responsibility for, and the operation and management of, prescribed arrangements, (g) as to the sharing of information between NHS bodies and local authorities. (4) The provision which may be made by virtue of subsection (3)(f) includes provision in relation to— (a) the formation and operation of joint committees of NHS bodies and local authorities, (b) the exercise of functions which are the subject of prescribed arrangements (including provision in relation to the exercise of such functions by joint committees or employees of NHS bodies and local authorities), (c) the drawing up and implementation of plans in respect of prescribed arrangements, (d) the monitoring of prescribed arrangements, (e) the provision of reports on, and information about, prescribed arrangements, (f) complaints and disputes about prescribed arrangements, (g) accounts and audit in respect of prescribed arrangements. (5) Arrangements made by virtue of this section do not affect— (a) the liability of NHS bodies for the exercise of any of their functions, (b) the liability of local authorities for the exercise of any of their functions, or (c) any power or duty to recover charges in respect of services provided in the exercise of any local authority functions. (6) The Secretary of State may issue guidance to NHS bodies and local authorities in relation to consultation or applications for consent in respect of prescribed arrangements. (7) The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate. (7A) For the purposes of this section, a combined authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body. (7B) “Voluntary arrangements” means arrangements made with the combined authority under— (a) section 7A (exercise of Secretary of State's public health functions), or (b) section 65Z5 (joint working and delegation arrangements). (7C) Regulations under this section, so far as made before or in the same Session as that in which the Cities and Local Government Devolution Act 2016 is passed, apply to a combined authority that is treated as an NHS body by virtue of subsection (7A) as if it were a prescribed NHS body for the purposes of those regulations. (7D) But a combined authority to which regulations under this section apply by virtue of subsection (7C) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements. (7E) Regulations under this section may provide for the regulations to apply in relation to a combined authority subject to any prescribed limitations or conditions. (7F) Nothing in subsection (7D) prevents a combined authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (public authority functions exercisable by combined authorities). (7G) For the purposes of this section, a combined county authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body. (7H) “Voluntary arrangements” means arrangements made with the combined county authority under— (a) section 7A (exercise of Secretary of State’s public health functions), or (b) section 65Z5 (joint working and delegation arrangements). (7I) Regulations under this section, so far as made before or in the same Session as that in which the Levelling-up and Regeneration Act 2023 is passed, apply to a combined county authority that is treated as an NHS body by virtue of subsection (7G) as if it were a prescribed NHS body for the purposes of those regulations. (7J) But a combined county authority to which regulations under this section apply by virtue of subsection (7I) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements. (7K) Regulations under this section may provide for the regulations to apply in relation to a combined county authority subject to any prescribed limitations or conditions. (7L) Nothing in subsection (7J) prevents a combined county authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of regulations under section 19 of the Levelling-up and Regeneration Act 2023 (public authority functions exercisable by combined county authorities). (8) In this section— “health-related functions”, in relation to a local authority, means functions of the authority which, in the opinion of the Secretary of State— have an effect on the health of any individuals, have an effect on, or are affected by, any functions of NHS bodies, or are connected with any functions of NHS bodies, “NHS body” does not include a Special Health Authority. (9) Schedule 18 makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section.

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76 Power of local authorities to make payments

(1) A local authority may make payments to NHS England, an integrated care board ... ... or a Local Health Board towards expenditure incurred or to be incurred by the body in connection with the performance by it of prescribed functions. (2) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure. (3) The Secretary of State may by directions prescribe conditions relating to payments under this section. (4) The power under subsection (3) may in particular be exercised so as to require, in such circumstances as may be specified— (a) repayment of the whole or part of a payment under this section, or (b) in respect of property acquired with payments under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition. (5) No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (3).

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77 Care Trusts

(1) Where— (a) ... an integrated care board, an NHS trust or an NHS foundation trust is, or will be, a party to any existing or proposed LA delegation arrangements, ... (b) the body and the local authority concerned consider that designation of the body as a Care Trust would be likely to promote the effective exercise by the body of prescribed health-related functions of the local authority (in accordance with the arrangements) in conjunction with prescribed NHS functions of the body , and (c) the requirements in subsection (1A) are satisfied, the body and the local authority may jointly designate the body as a Care Trust. (1A) The body and the local authority must, before designating the body as a Care Trust under this section— (a) publish in the prescribed form and manner— (i) the reasons why they consider that the proposed designation would be likely to have the result mentioned in subsection (1)(b), and (ii) information about the proposed governance arrangements of the Care Trust, and (b) consult on the proposed designation in accordance with regulations. (1B) Where a body has been designated as a Care Trust under this section, the body and the local authority must notify prescribed persons of the designation. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A body designated as a Care Trust under this section may (in addition to exercising health-related functions of the local authority as mentioned in subsection (1)(b)) exercise such prescribed health-related functions of the local authority as are agreed in relation to persons in any area so agreed, even though it does not exercise any NHS functions in relation to persons in that area; and “agreed” means agreed by the body and the local authority. (5) Where a body is designated as a Care Trust under this section, the body and the local authority may jointly revoke that designation. (5A) Before revoking a designation as a Care Trust under this section, the body and the local authority must consult on the proposed revocation of the designation in accordance with regulations. (5B) Where the designation of a body as a Care Trust under this section has been revoked, the body and the local authority must notify prescribed persons of the revocation. (5C) Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local authority to publish prescribed information following a consultation. (5D) Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make arrangements for the function to be discharged— (a) by both of them acting jointly, (b) by each of them acting separately, or (c) by one of them acting on behalf of both of them. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Regulations may make such incidental, supplementary or consequential provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers expedient in connection with the preceding provisions of this section. (9) Regulations under subsection (8) may, in particular, make provision— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) for supplementing or modifying, in connection with the operation of subsection (4), any provision made by regulations under section 75. (10) The designation of a body as a Care Trust under this section does not affect any of the functions, rights or liabilities of that body in its capacity as ... an integrated care board, NHS trust or NHS foundation trust. (11) In connection with the exercise by a body so designated of any relevant social services functions of a local authority in England under LA delegation arrangements— (a) section 7 of the Local Authority Social Services Act 1970 (c. 42) (authorities to exercise social services functions under guidance), and (b) section 7A of that Act (directions as to exercise of such functions), apply to the body as if it were a local authority within the meaning of that Act. (11A) In connection with the exercise by a body so designated of any relevant social services functions under LA delegation arrangements, sections 145 to 149 of the Social Services and Well-being (Wales) Act 2014 (codes on the exercise of social services functions) apply to the body as if it were a local authority within the meaning of that Act. (12) In this section— “health-related functions” has the meaning given by section 75(8), “LA delegation arrangements” means arrangements falling within section 75(2)(b), whether or not made in conjunction with any pooled fund arrangements, “NHS functions” means functions exercisable by ... an integrated care board, NHS trust or NHS foundation trust in its capacity as such, “pooled fund arrangements” means arrangements falling within section 75(2)(a), “relevant social services functions” means— in relation to a local authority in England, health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970; in relation to a local authority in Wales, health-related functions which are social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.

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78 Directed partnership arrangements

(1) If the Secretary of State is of the opinion— (a) that a body to which this section applies (“the failing body”) is not exercising any of its functions adequately, and (b) that it would be likely to lead to an improvement in the way in which that function is exercised if it were to be exercised— (i) by another body to which this section applies under delegation arrangements, or (ii) in accordance with pooled fund arrangements made with another such body, the Secretary of State may direct those bodies to enter into such delegation arrangements or pooled fund arrangements in relation to the exercise of the appropriate function or functions as are specified in the direction. (2) In subsection (1) “the appropriate function or functions” means— (a) the function of the failing body mentioned in that subsection, and (b) such other function of that body (if any) as the Secretary of State considers would, if exercised under or in accordance with the arrangements in question, be likely to contribute to an improvement in the exercise of the function referred to in paragraph (a). (3) The bodies to which this section applies are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) NHS trusts established under section 25, (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) local authorities, but in subsections (1) and (2) any reference to functions is, in relation to a local authority, a reference only to relevant social services functions of the authority. (4) In this section any reference to an improvement in the way in which any function is exercised includes an improvement in the provision to any individuals of any services to which that function relates. (5) In this section— “delegation arrangements” means arrangements falling within section 75(2)(b) or (c), whether or not made in conjunction with any pooled fund arrangements, “health-related functions” has the meaning given by section 75(8), “pooled fund arrangements” means arrangements falling within section 75(2)(a), “relevant social services functions” means health-related functions which are social services functions of local authorities in England within the meaning of the Local Authority Social Services Act 1970 (c. 42) or of local authorities in Wales within the meaning of the Social Services and Well-being (Wales) Act 2014 (anaw 4),

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79 Further provision about directions and directed partnership arrangements

(1) A direction under section 78(1) (a “principal direction”) may make provision with respect to— (a) any of the matters with respect to which provision is required to be made by the specified arrangements by virtue of regulations under section 75, and (b) such other matters as the Secretary of State considers appropriate. (2) The Secretary of State may in particular (either in a principal direction or in any subsequent direction) make provision— (a) for the determination, whether— (i) by agreement, or (ii) (in default of agreement) by the Secretary of State or an arbitrator appointed by him, of the amount of any payments which need to be made by one body to another for the purposes of the effective operation of the specified arrangements, and for the variation of any such determination, (b) specifying the manner in which the amount of any such payments must be so determined (or varied), (c) requiring a body specified in the direction to supply to the Secretary of State or an arbitrator, for the purpose of enabling any such amount to be so determined (or varied), such information or documents as may be so specified, (d) requiring any amount so determined (or varied) to be paid by and to such bodies as are specified in the direction, (e) requiring capital assets specified in the direction to be made available by and to such bodies as are so specified. (3) The Secretary of State may, when giving a principal direction to any bodies to which section 78 applies, give such directions to any other such body as he considers appropriate for or in connection with securing that full effect is given to the principal direction. (4) Before giving a principal direction to any bodies to which section 78 applies, the Secretary of State may— (a) direct either or both of the bodies in question to take such steps specified in the direction, or (b) give such other directions, as he considers appropriate with a view to enabling him to determine whether the principal direction should be given. (5) The revocation of a principal direction does not affect the continued operation of the specified arrangements. (6) “The specified arrangements”, in relation to a principal direction, means the arrangements specified in the direction in pursuance of section 78(1).

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80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards

(1) The Secretary of State , NHS England or an integrated care board may supply to— (a) local authorities, and (b) such public bodies or classes of public bodies as the Secretary of State may determine, any goods or materials of a kind used in the health service. (2) In subsection (1) “public bodies” includes public bodies in Northern Ireland. (3) The Secretary of State may make available to persons falling within subsection (1)— (a) any facilities provided by him ... for any service under this Act, and (b) the services of persons employed by the Secretary of State or by ... ... a Special Health Authority or a Local Health Board. (3A) NHS England or an integrated care board may make available to persons falling within subsection (1)— (a) any facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act; (b) any facilities of NHS England or (as the case may be) the integrated care board; (c) the services of persons employed by NHS England or (as the case may be) the integrated care board. (4) The Secretary of State may carry out , and NHS England or an integrated care board may arrange for the carrying out of, maintenance work (including minor renewals, minor improvements and minor extensions) in connection with any land or building for the maintenance of which a local authority is responsible. (5) NHS England may supply or make available to persons— (a) providing pharmaceutical services, (b) providing services under a general medical services contract, a general dental services contract or a general ophthalmic services contract, (c) providing services in accordance with section 92 arrangements or section 107 arrangements, or (d) providing services under a pilot scheme established under section 134(1) of this Act or an LPS scheme, such goods, materials or other facilities as may be prescribed. (6) The Secretary of State must make available to local authorities— (a) any services (other than the services of any person) or other facilities provided by the Secretary of State under this Act, (b) the services provided as part of the health service by any person employed by the Secretary of State, ... ... a Special Health Authority or a Local Health Board, and (c) the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State, ... ... a Special Health Authority or a Local Health Board otherwise than to provide services which are part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. (6A) NHS England and each integrated care board must make available to local authorities— (a) any services (other than the services of any person) or other facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act; (b) the services of persons employed by NHS England or (as the case may be) the integrated care board; (c) any facilities of NHS England or (as the case may be) the integrated care board, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. (7) NHS England may arrange to make available to local authorities the services of persons— (a) providing pharmaceutical services, (b) performing services under a general medical services contract, a general dental services contract or a general ophthalmic services contract, (c) providing services in accordance with section 92 arrangements or section 107 arrangements, or (d) performing services under a pilot scheme established under section 134(1) of this Act or an LPS scheme, ... (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. (8) The Secretary of State may arrange to make available to local authorities the services of persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. (9) NHS England or an integrated care board may arrange to make available to local authorities the services of persons providing services pursuant to arrangements made under this Act by NHS England or (as the case may be) the integrated care board in the exercise of its functions, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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81 Conditions of supply under section 80

(1) Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must — (a) consult the officer or a body recognised by the person as representing the officer, or (b) where the person is the Secretary of State and is not the officer's employer, satisfy himself that the body who employs the officer has consulted the officer about the matter. (2) The person concerned may disregard the provisions of subsection (1) in a case where it — (a) considers it necessary to make the services of an officer available for the purpose of dealing temporarily with an emergency, and (b) has previously consulted a body such as is mentioned in subsection (1)(b) about making services available in an emergency. (3) The Secretary of State may, for the purposes of subsection (3)(b) of section 80, or subsection (6)(b) or (c) of that section, give such directions to ... ... Special Health Authorities and Local Health Boards to make the services of their officers available as he considers appropriate. (4) Powers under this section and section 80 may be exercised on such terms as may be agreed, including terms as to the making of payments to the person who makes the services available. (5) A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them as may be agreed between the person and the local authority or, in default of agreement, as may be determined by arbitration. (6) Any power to supply goods or materials under section 80 includes— (a) a power to purchase and store them, and (b) a power to arrange with third parties for the supply of goods or materials by those third parties.

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82 Co-operation between NHS bodies and local authorities

(1) In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) must co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales. (2) The Secretary of State may publish guidance on the discharge of the duty under this section in relation to England. (3) The following must have regard to any guidance published under subsection (2)— (a) an NHS body other than a Welsh NHS body; (b) a local authority in England. (4) In this section “Welsh NHS body” means— (a) an NHS trust established under the National Health Service (Wales) Act 2006, (b) a Special Health Authority established under that Act, or (c) a Local Health Board.

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83 Primary medical services

(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary medical services throughout England. (2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any person. (2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance of a service outside England. (3) The Board must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary medical services for the purposes of this Act. (6) Regulations under this section may in particular describe services by reference to the manner or circumstances in which they are provided.

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84. General medical services contracts: introductory

(1) The Board may enter into a contract under which primary medical services are provided in accordance with the following provisions of this Part. (2) A contract under this section is called in this Act a “general medical services contract”. (3) A general medical services contract may make such provision as may be agreed between the Board and the contractor or contractors in relation to— (a) the services to be provided under the contract, (b) remuneration under the contract, and (c) any other matters. (4) The services to be provided under a general medical services contract may include— (a) services which are not primary medical services, (b) services to be performed outside England. (5) In this Part, “contractor”, in relation to a general medical services contract, means any person entering into the contract with the Board.

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85 Requirement to provide certain primary medical services

(1) A general medical services contract must require the contractor or contractors to provide, for his or their patients, primary medical services of such descriptions as may be prescribed. (2) Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.

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86. Persons eligible to enter into GMS contracts

(1) The Board may, subject to such conditions as may be prescribed, enter into a general medical services contract with— (a) a medical practitioner, (b) two or more individuals practising in partnership where the conditions in subsection (2) are satisfied, or (c) a company limited by shares where the conditions in subsection (3) are satisfied. (2) The conditions referred to in subsection (1)(b) are that— (a) at least one partner is a medical practitioner, and (b) any partner who is not a medical practitioner is either— (i) an NHS employee, (ii) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee, (iii) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006 (c. 42), or (iv) an individual falling within section 93(1)(d). (3) The conditions referred to in subsection (1)(c) are that— (a) at least one share in the company is both legally and beneficially owned by a medical practitioner, and (b) any share which is not so owned is both legally and beneficially owned by a person referred to in subsection (2)(b). (4) Regulations may make provision as to the effect, in relation to a general medical services contract entered into by individuals practising in partnership, of a change in the membership of the partnership. (5) In this section— “health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 93.

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87. GMS contracts: payments

(1) The Secretary of State may give directions as to payments to be made under general medical services contracts. (2) A general medical services contract must require payments to be made under the contract in accordance with directions under this section. (3) Directions under subsection (1) may in particular— (a) provide for payments to be made by reference to compliance with standards or the achievement of levels of performance, (b) provide for payments to be made by reference to— (i) any scheme or scale specified in the direction, or (ii) a determination made by any person in accordance with factors specified in the direction, (c) provide for the making of payments in respect of individual practitioners, (d) provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by the Board only if it is satisfied as to certain conditions), (e) make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates. (4) Before giving a direction under subsection (1), the Secretary of State— (a) must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate, and (b) may consult such other persons as he considers appropriate. (5) “Payments” includes fees, allowances, reimbursements, loans and repayments.

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88 GMS contracts: prescription of drugs, etc

(1) A general medical services contract must contain provision requiring the contractor or contractors to comply with any directions given by the Secretary of State for the purposes of this section as to the drugs, medicines or other substances which may or may not be ordered for patients in the provision of medical services under the contract. (2) A direction under this section must, subject to subsection (3), be given by regulations. (3) A direction under this section may be given by an instrument in writing where it gives effect to a request made in writing to the Secretary of State by a person who is a holder of a UK marketing authorisation in respect of the drug, medicine or other substance to which the request relates. (4) “UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916).

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89 GMS contracts: other required terms

(1) A general medical services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part). (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Regulations under subsection (1) may in particular make provision as to— (a) the manner in which, and standards to which, services must be provided, (b) the persons who perform services, (c) the persons to whom services will be provided, (d) the variation of contract terms (other than terms required by or under this Part), (e) rights of entry and inspection (including inspection of clinical records and other documents), (f) the circumstances in which, and the manner in which, the contract may be terminated, (g) enforcement, (h) the adjudication of disputes. (3) Regulations making provision under subsection (2)(c) must make provision as to the circumstances in which a contractor or contractors— (a) must or may accept a person as a patient to whom services are provided under the contract, (b) may decline to accept a person as such a patient, or (c) may terminate his or their responsibility for a patient. (4) Regulations under subsection (2)(d) may— (a) make provision as to the circumstances in which the Board may impose a variation of contract terms, (b) make provision as to the suspension or termination of any duty under the contract to provide services of a prescribed description. (5) Regulations making provision of the kind described in subsection (4)(b) may prescribe services by reference to the manner or circumstances in which they are provided. (6) Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they receive services.

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90 GMS contracts: disputes and enforcement

(1) Regulations may make provision for the resolution of disputes as to the terms of a proposed general medical services contract. (2) Regulations under subsection (1) may make provision— (a) for the referral of the terms of the proposed contract to the Secretary of State, and (b) for the Secretary of State, or a person appointed by him, to determine the terms on which the contract may be entered into. (3) Regulations may make provision for a person or persons entering into a general medical services contract to be regarded as a health service body for any purposes of section 9, in circumstances where he or they so elect. (4) Regulations under subsection (3) may include provision as to the application of section 9 in cases where— (a) persons practising in partnership elect to become a health service body, and (b) there is a change in the membership of the partnership. (5) Where— (a) by virtue of regulations under subsection (3), section 9(11) applies in relation to a general medical services contract, and (b) a direction as to payments is made under that subsection in relation to the contract, the direction is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.

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91 Persons performing primary medical services

(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service for which the Board is responsible unless he is included in a list maintained under the regulations by NHS England. (2) For the purposes of this section— (a) “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17), (b) the Board is responsible for a medical service if it secures its provision by or under any enactment. (3) Regulations under this section may make provision in relation to lists under this section and in particular as to— (a) the preparation, maintenance and publication of a list, (b) eligibility for inclusion in a list, (c) applications for inclusion (including provision ... for the procedure for applications and the documents to be supplied on application), (d) the grounds on which an application for inclusion may or must be granted or refused, (e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits), (f) suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal), (g) circumstances in which a person included in a list may not withdraw from it, (h) payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him), (i) the criteria to be applied in making decisions under the regulations, (j) appeals against decisions made by NHS England under the regulations, and (k) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals, and may make any provision corresponding to anything in sections 151 to 159. (4) Regulations under this section may, in particular, also provide for— (a) a person's inclusion in a list to be subject to conditions determined by NHS England, (b) NHS England to vary the conditions or impose different ones, (c) the consequences of failing to comply with a condition (including removal from a list), (d) the review by NHS England of decisions made by it by virtue of the regulations. (5) The imposition of such conditions must be with a view to— (a) preventing any prejudice to the efficiency of the services to which a list relates, or (b) preventing fraud. (6) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information— (a) by NHS England to the Secretary of State, and (b) by the Secretary of State to NHS England.

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92. Arrangements by the Board for the provision of primary medical services

(1) The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services contracts, under which primary medical services are provided. (2) An agreement must be in accordance with regulations under section 94. (3) An agreement may not combine arrangements for the provision of primary medical services with arrangements for the provision of primary dental services. (4) An agreement may not combine arrangements for the provision of primary medical services with arrangements for the provision of local pharmaceutical services. (5) But an agreement may include arrangements for the provision of services which are not primary medical services but which may be provided under this Act, other than under Chapter 1 or 2 of Part 7 (pharmaceutical services and local pharmaceutical services under pilot schemes). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this Act, arrangements for the provision of services made under this section are called “section 92 arrangements”.

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93. Persons with whom agreements may be made under section 92

(1) The Board may make an agreement under section 92 only with one or more of the following— (a) an NHS trust or an NHS foundation trust, (b) a medical practitioner who meets the prescribed conditions, (c) a health care professional who meets the prescribed conditions, (d) an individual who is providing services— (i) under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract, (ii) in accordance with section 92 arrangements, section 107 arrangements, section 50 arrangements, section 64 arrangements, section 17C arrangements or Article 15B arrangements, or (iii) under section 17J or 25 of the 1978 Act or Article 57 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)), or has so provided them within such period as may be prescribed, (e) an NHS employee, a section 92 employee, a section 107 employee, a section 50 employee, a section 64 employee, a section 17C employee or an Article 15B employee, (f) a qualifying body, (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The power under subsection (1) to make an agreement with a person falling within paragraph (d) or (e) of that subsection is subject to such conditions as may be prescribed. (3) In this section— “the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29), “Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)), “Article 15B employee” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing or performing those services, “health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17), “NHS employee” means an individual who, in connection with the provision of services in the health service, the Scottish health service or the Northern Ireland health service, is employed by— an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust, a ... Local Health Board, a person who is providing services under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract, an individual who is providing services as specified in subsection (1)(d)(iii), “the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, “qualifying body” means a company which is limited by shares all of which are both legally and beneficially owned by persons falling within paragraph (a), (b), (c), (d) or (e) of subsection (1), “the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978, “section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act, “section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by a person providing or performing those services, “section 50 arrangements” means arrangements for the provision of services made under section 50 of the National Health Service (Wales) Act 2006 (c. 42), “section 64 arrangements” means arrangements for the provision of services made under section 64 of that Act, “section 107 employee” means an individual who, in connection with the provision of services in accordance with section 107 arrangements, is employed by a person providing or performing those services, “section 92 employee” means an individual who, in connection with the provision of services in accordance with section 92 arrangements, is employed by a person providing or performing those services, “section 50 employee” means an individual who, in connection with the provision of services in accordance with section 50 arrangements, is employed by a person providing or performing those services, “section 64 employee” means an individual who, in connection with the provision of services in accordance with section 64 arrangements, is employed by a person providing or performing those services, “Welsh general medical services contract” means a contract under section 42(2) of the National Health Service (Wales) Act 2006 (c. 42), and “Welsh general dental services contract” means a contract under section 57(2) of that Act.

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94 Regulations about section 92 arrangements

(1) The Secretary of State may make regulations about the provision of services in accordance with section 92 arrangements. (2) The regulations must include provision for participants other than the Board to withdraw from section 92 arrangements if they wish to do so. (3) The regulations may, in particular— (a) provide that section 92 arrangements may be made only in prescribed circumstances, (b) provide that section 92 arrangements may be made only in prescribed areas, (c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 92 arrangements, (ca) make provision with respect to the performance outside England of services to be provided in accordance with section 92 arrangements, (d) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing services in accordance with section 92 arrangements, (e) require details of section 92 arrangements to be published, (f) make provision with respect to the variation and termination of section 92 arrangements, (g) provide for parties to section 92 arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9, (h) provide for directions, as to payments, made under section 9(11) (as it has effect as a result of regulations made by virtue of paragraph (g)) to be enforceable in the county court (if the court so orders) as if they were judgments or orders of that court. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The regulations may also require payments to be made under the arrangements in accordance with directions given for the purpose by the Secretary of State. (5) A direction may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates. (6) The regulations may also include provision requiring the Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person who is providing services under section 92 arrangements and who so requests. (7) The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 92 arrangements, and in particular may make provision— (a) for the referral of the terms of the proposed arrangements to the Secretary of State, and (b) for the Secretary of State or a person appointed by him to determine the terms on which the arrangements may be entered into. (8) The regulations must provide for the circumstances in which a person providing primary medical services under section 92 arrangements— (a) must or may accept a person as a patient to whom such services are so provided, (b) may decline to accept a person as such a patient, (c) may terminate his responsibility for a patient. (9) The regulations must make provision as to the right of patients to choose the persons from whom they receive services under section 92 arrangements.

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95 Transfer of liabilities relating to section 92 arrangements

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96. Assistance and support: primary medical services

(1) The Board may provide assistance or support to any person providing or proposing to provide— (za) primary medical services pursuant to section 83(2), (a) primary medical services under a general medical services contract, or (b) primary medical services in accordance with section 92 arrangements. (2) Assistance or support provided by the Board under subsection (1) is provided on such terms, including terms as to payment, as the Board considers appropriate. (3) “Assistance” includes financial assistance.

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97. Local Medical Committees

(1) The Board may recognise a committee formed for an area, which it is satisfied is representative of— (a) the persons to whom subsection (2) applies, and (b) the persons to whom subsection (3) applies. (2) This subsection applies to— (a) each medical practitioner who, under a general medical services contract entered into by him, is providing primary medical services in the area for which the committee is formed, and (b) each medical practitioner who, under a general ophthalmic services contract entered into by him, is providing primary ophthalmic services in that area. (3) This subsection applies to each other medical practitioner— (a) who is performing primary medical services or primary ophthalmic services in the area for which the committee is formed— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) in accordance with section 92 arrangements, or (iii) under a general medical services contract or a general ophthalmic services contract, and (b) who has notified the Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented). (4) A committee recognised under this section is called the Local Medical Committee for the area for which it is formed. (5) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee. (6) Regulations may require the Board, in the exercise of its functions relating to primary medical services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) A committee recognised under this section has such other functions as may be prescribed. (9) A committee recognised under this section must in respect of each year determine— (a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a), and (b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b). (10) The Board may— (a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (9)(a) as the Board may determine, and (b) deduct the amount of such sums from the remuneration of persons of whom the committee is representative under subsection (1)(a) under the general medical services contracts entered into by those persons with the Board. (11) A committee recognised under this section must apportion the amount determined by it under subsection (9)(b) among the persons of whom it is representative under subsection (1)(b); and each such person must pay in accordance with the committee's directions the amount so apportioned to him. (12) The administrative expenses of a committee include the travelling and subsistence allowances payable to its members.

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98 Use of accommodation: provision of primary medical services

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of primary medical services, he may make the accommodation available on such terms as he considers appropriate to persons providing those services.

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98A. Exercise of functions

(1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)). (4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services. (5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)). (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed. (7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction. (8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function. (9) A report under subsection (8) must be made in such form and manner as the Board may specify. (10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).

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99. Primary dental services

(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary dental services throughout England. (1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Board must publish information about such matters as may be prescribed in relation to the primary dental services for which provision is made under this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary dental services for the purposes of this Act. (6) Regulations under subsection (5) may in particular describe services by reference to the manner or circumstances in which they are provided.

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100 General dental services contracts: introductory

(1) The Board may enter into a contract under which primary dental services are provided in accordance with the following provisions of this Part. (2) A contract under this section is called in this Act a “general dental services contract”. (3) A general dental services contract may make such provision as may be agreed between the Board and the contractor in relation to— (a) the services to be provided under the contract (which may include services which are not primary dental services or services which are to be performed outside England), (b) remuneration under the contract, and (c) any other matters. (4) In this Part, “contractor”, in relation to a general dental services contract, means any person entering into the contract with the Board.

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101 Requirement to provide certain primary dental services

(1) A general dental services contract must require the contractor or contractors to provide, for his or their patients, primary dental services of such descriptions as may be prescribed. (2) Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.

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102 Persons eligible to enter into GDS contracts

(1) The Board may, subject to such conditions as may be prescribed, enter into a general dental services contract with— (a) a dental practitioner, (b) a dental corporation, (c) two or more persons practising in partnership where the conditions in subsection (2) are satisfied , (d) a limited liability partnership where the conditions in subsection (2A) are satisfied. (2) The conditions referred to in subsection (1)(c) are that— (a) at least one partner is a dental practitioner, and (b) subsection (3A) or (3B) applies. (2A) The conditions referred to in subsection (1)(d) are that— (a) at least one member is a dental practitioner, and (b) subsection (3A) or (3B) applies. (3) Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership. (3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes. (3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C). (3C) A person falls within this subsection if the person is— (a) an NHS employee, (b) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee, (c) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006, or (d) an individual falling within section 108(1)(d). (4) In this section— “dental corporation” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984 (c. 24) “health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 108.

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103 GDS contracts: payments

(1) The Secretary of State may give directions as to payments to be made under general dental services contracts. (2) A general dental services contract must require payments to be made under the contract in accordance with directions under this section. (3) A direction under subsection (1) may in particular— (a) provide for payments to be made by reference to compliance with standards or the achievement of levels of performance, (b) provide for payments to be made by reference to— (i) any scheme or scale specified in the direction, or (ii) a determination made by any person in accordance with factors specified in the direction, (c) provide for the making of payments in respect of individual practitioners, (d) provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by the Board only if it is satisfied as to certain conditions), (e) make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates. (4) Before giving a direction under subsection (1), the Secretary of State— (a) must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate, and (b) may consult such other persons as he considers appropriate. (5) “Payments” includes fees, allowances, reimbursements, loans and repayments.

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104 GDS contracts: other required terms

(1) A general dental services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part). (2) Regulations under subsection (1) may in particular make provision as to— (a) the manner in which, and standards to which, services must be provided, (b) the persons who perform services, (c) the persons to whom services will be provided, (d) the variation of contract terms (other than terms required by or under this Part), (e) rights of entry and inspection (including inspection of clinical records and other documents), (f) the circumstances in which, and the manner in which, the contract may be terminated, (g) enforcement, (h) the adjudication of disputes. (3) Regulations under subsection (2)(d) may make provision as to the circumstances in which the Board may impose a variation of contract terms. (4) Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they receive services.

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105 GDS contracts: disputes and enforcement

(1) Regulations may make provision for the resolution of disputes as to the terms of a proposed general dental services contract. (2) Regulations under subsection (1) may make provision— (a) for the referral of the terms of the proposed contract to the Secretary of State, and (b) for the Secretary of State, or a person appointed by him, to determine the terms on which the contract may be entered into. (3) Regulations may make provision for a person or persons entering into a general dental services contract to be regarded as a health service body for any purposes of section 9, in circumstances where he or they so elect. (4) Regulations under subsection (3) may include provision as to the application of section 9 in cases where— (a) persons practising in partnership elect to become a health service body, and (b) there is a change in the membership of the partnership. (5) Where— (a) by virtue of regulations under subsection (3), section 9(11) applies in relation to a general dental services contract, and (b) a direction as to payments is made under that provision in relation to the contract, the direction is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.

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106 Persons performing primary dental services

(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary dental service for which the Board is responsible unless he is included in a list maintained under the regulations by NHS England. (2) For the purposes of this section— (a) “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17), (b) the Board is responsible for a dental service if it secures its provision by or under any enactment. (3) Regulations under this section may make provision in relation to lists under this section and in particular as to— (a) the preparation, maintenance and publication of a list, (b) eligibility for inclusion in a list, (c) applications for inclusion (including provision ... for the procedure for applications and the documents to be supplied on application), (d) the grounds on which an application for inclusion may or must be granted or refused, (e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits), (f) suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal), (g) circumstances in which a person included in a list may not withdraw from it, (h) payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him), (i) the criteria to be applied in making decisions under the regulations, (j) appeals against decisions made by NHS England under the regulations, and (k) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals, and may make any provision corresponding to anything in sections 151 to 159. (4) Regulations under this section may, in particular, also provide for— (a) a person's inclusion in a list to be subject to conditions determined by NHS England, (b) NHS England to vary the conditions or impose different ones, (c) the consequences of failing to comply with a condition (including removal from a list), (d) the review by NHS England of decisions made by it by virtue of the regulations. (5) The imposition of such conditions must be with a view to— (a) preventing any prejudice to the efficiency of the services to which a list relates, or (b) preventing fraud. (6) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information— (a) by NHS England to the Secretary of State, and (b) by the Secretary of State to NHS England.

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107 Arrangements by the Board for the provision of primary dental services

(1) The Board may make agreements, other than general dental services contracts, under which primary dental services are provided. (2) An agreement must be in accordance with regulations under section 109. (3) An agreement may not combine arrangements for the provision of primary dental services with arrangements for the provision of primary medical services. (4) An agreement may not combine arrangements for the provision of primary dental services with arrangements for the provision of local pharmaceutical services. (5) But an agreement may include arrangements for the provision of services which are not primary dental services but which may be provided under this Act, other than under Chapter 1 or 2 of Part 7 (pharmaceutical services and local pharmaceutical services under pilot schemes). (6) This Act has effect, in relation to primary dental services provided under an agreement, as if those services were provided as a result of the delegation by the Secretary of State of his functions (by directions given under section 7). (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this Act, arrangements for the provision of services made under this section are called “section 107 arrangements”.

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