Law

Health and Social Care Act 2012

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: 336 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

336 provisions

277 Consequential provision

Schedule 19 (which contains consequential provision) has effect.

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277A Provision of adult social care information to Secretary of State

(1) The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to— (a) the person on whom the requirement is imposed, (b) their activities in connection with the provision of adult social care in England, or (c) any person to whom they have provided — (i) adult social care in England, or (ii) adult social care, outside England, in pursuance of arrangements made by an English local authority. (2) The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England. (3) A requirement under subsection (1) may specify— (a) the form and manner in which information is to be provided, and (b) when information is to be provided. (4) A requirement under subsection (1) must be in writing. (5) The provision of information under this section— (a) does not breach any obligation of confidence owed by the person providing it, but (b) is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment). (6) For enforcement of requirements under subsection (1), see section 277E. (7) In this section— “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000; “English local authority” means— a county council in England; a district council for an area in England for which there is no county council; a London borough council; the Common Council of the City of London (in its capacity as a local authority); “relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.

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277B Restrictions on onward disclosure of information

(1) Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England. (2) Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates. (3) Subsections (1) and (2) do not restrict the disclosure of information where— (a) the person to whom the information relates has consented to the disclosure, (b) the information has previously been lawfully disclosed to the public, (c) the disclosure is in accordance with any court order, (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual, (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act, (f) the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or (g) the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom). (4) In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.

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277C Directions to certain bodies to exercise functions under this Chapter

(1) The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly). (2) The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly). (3) The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions). (4) For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.

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277D Arrangements with third parties

(1) The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section 277A (and where arrangements are made, section 277B applies accordingly). (2) Arrangements under subsection (1) may— (a) provide for the Secretary of State to make payments to the person; (b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State. (3) Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.

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277E Enforcement of provisions under this Part

(1) Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse— (a) fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B)); (b) fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1); (c) provides information in response to such a requirement that is false or misleading to a material extent. (2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations. (3) The regulations must include provision— (a) requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty; (b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty; (c) requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty; (d) requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty; (e) enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations; (f) as to the powers of the Tribunal on such an appeal. (4) The provision that may be made by the regulations includes provision— (a) enabling a notice of intent or final notice to be withdrawn or amended; (b) requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations; (c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment; (d) for the recovery of financial penalties in the county court. (5) In this section “public body” has the meaning given by section 250(7).

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277F Directions to Special Health Authority to exercise functions under section 277E

The Secretary of State may— (a) direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E; (b) give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).

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278 The Alcohol Education and Research Council

(1) The Alcohol Education and Research Council is abolished. (2) The Licensing (Alcohol Education and Research) Act 1981 is repealed. (3) Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.

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279 The Appointments Commission

(1) The Appointments Commission is abolished. (2) Part 5 of the Health Act 2006 (which established the Commission) is repealed. (3) Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.

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280 The National Information Governance Board for Health and Social Care

(1) The National Information Governance Board for Health and Social Care is abolished. (2) Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board). (3) After section 20 of the Health and Social Care Act 2008 insert— Functions relating to processing of information by registered persons 20A (1) The Commission has the following functions in relation to the processing of relevant information— (a) to monitor the practice followed by registered persons in relation to such processing, and (b) to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing. (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information. (3) In this section “relevant information” means— (a) patient information, (b) any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006, (c) any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and (d) any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care. (4) In subsection (3) “patient information” means— (a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and (b) information (however recorded) which is to any extent derived, directly or indirectly, from that information, whether or not the identity of the individual in question is ascertainable from the information. (5) In this section— “adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20; “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998; “registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity. (4) In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute— (a) the National Health Service Commissioning Board, . (5) In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that— (a) for the title to that section substitute “Consultation with the Care Quality Commission”, and (b) in section 271(3)(g) of that Act— (i) for “sections” substitute “section”, and (ii) omit “and 252 (consultation with National Information Governance Board)”. (6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015. (7) The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008. (8) Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.

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281 The National Patient Safety Agency

(1) The National Patient Safety Agency is abolished. (2) The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked. (3) In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).

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282 The NHS Institute for Innovation and Improvement

(1) The NHS Institute for Innovation and Improvement is abolished. (2) The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.

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283 Standing advisory committees

(1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees). (2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13. (3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.

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284 Special notices of births and deaths

(1) Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows. (2) For subsection (2) substitute— (2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed. (3) In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”. (4) In subsection (6)— (a) after “under subsection (4)” insert “to a relevant body”, and (b) for “the Primary Care Trust” (in each place where it occurs) substitute “the body”. (5) In subsection (7)— (a) for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection (4)”, and (b) for “any medical practitioner or midwife residing or practising within its area” substitute “such descriptions of medical practitioners or midwives as may be prescribed”. (6) In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to whom the failure relates”. (7) In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”. (8) After subsection (10) insert— (11) For the purposes of this section, the following are relevant bodies— (a) the National Health Service Commissioning Board, (b) clinical commissioning groups, (c) local authorities. (12) Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service. (13) In this section, “local authority” has the same meaning as in section 2B. (9) Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.

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285 Provision of information by Registrar General

(1) Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows. (2) In subsection (1) — (a) for “the Secretary of State” substitute “any of the following persons”, and (b) at the end insert — (a) the Secretary of State, (b) the Board, (c) a clinical commissioning group, (d) a local authority, (e) the National Institute for Health and Care Excellence, (f) the Health and Social Care Information Centre, (g) a Special Health Authority which has functions that are exercisable in relation to England, (h) the Care Quality Commission, and (i) such other persons as the Secretary of State may specify in a direction. (3) In subsection (2) — (a) for “the Secretary of State” substitute “the person to whom the information is provided”, and (b) for “his functions” substitute “functions exercisable by the person”. (4) After subsection (4) insert— (5) In this section, “local authority” has the same meaning as in section 2B.

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286 Provision of information by Registrar General: Wales

(1) Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows. (2) In subsection (1) — (a) for “the Welsh Ministers” substitute “any of the following persons”, and (b) at the end insert — (a) the Welsh Ministers, (b) a Special Health Authority which has functions that are exercisable in relation to Wales, (c) a Local Health Board, (d) an NHS trust established under section 18, and (e) such other persons as the Welsh Ministers may specify in a direction. (3) In subsection (2) — (a) for “the Welsh Ministers” substitute “the person to whom the information is provided”, and (b) for “their functions” substitute “functions exercisable by the person”.

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287 Provision of statistical information by Statistics Board

(1) Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows. (2) For subsection (4) substitute— (4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if— (a) the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or (b) the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service. (4A) Those persons are— (a) the Secretary of State, (b) the Welsh Ministers, (c) the National Health Service Commissioning Board, (d) a clinical commissioning group, (e) a local authority, (f) a Local Health Board, (g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006, (h) the National Institute for Health and Care Excellence, (i) the Health and Social Care Information Centre, (j) a Special Health Authority, (k) the Care Quality Commission, and (l) such other persons as the appropriate authority may specify in a direction given for the purposes of this section. (4B) For the purposes of subsection (4A)(l), the appropriate authority is— (a) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and (b) in any other case, the Secretary of State. (3) After subsection (5) insert— (5A) A direction under subsection (4A)(l) must be given by an instrument in writing. (5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act. (5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act. (4) After subsection (6) insert— (7) In subsection (4A)— “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health Service Act 2006; “local authority” has the same meaning as in section 2B of that Act of 2006.

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288 Monitor: duty to co-operate with Care Quality Commission

(1) NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions. (2) In particular NHS England must— (a) give the Commission any relevant information NHS England has about the provision of health care services which NHS England or the Commission considers would assist the Commission in the exercise of its functions, (b) make arrangements with the Commission to ensure that— (i) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form, (ii) such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and (c) seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act. (2A) In subsection (2)(a) “relevant information” means information held by NHS England in connection with— (a) its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or (b) its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.

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289 Care Quality Commission: duty to co-operate with Monitor

(1) Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows. (2) For subsection (1) substitute— (1) The Commission must co-operate with Monitor in the exercise of their respective functions. (3) For subsection (2) substitute— (2) In particular the Commission must— (a) give Monitor any information the Commission has about the provision of health care which the Commission or Monitor considers would assist Monitor in the exercise of its functions, (b) make arrangements with Monitor to ensure that— (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act. (4) In subsection (3)— (a) for “Independent Regulator” substitute “Monitor”, and (b) for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”. (5) After that subsection insert— (4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act. (6) In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

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290 Other duties to co-operate

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions (including any functions that consist of exercising the functions of other persons). (3) The relevant bodies are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the National Institute for Health and Care Excellence, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) Special Health Authorities which have functions that are exercisable in relation to England. (4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State). (8) References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.

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291 Breaches of duties to co-operate

(1) If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body. (2) The relevant co-operation duties are— (a) the duty under section 288 (co-operation by NHS England with the Care Quality Commission), (b) the duty under section 290(2), (c) the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with NHS England), (d) any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their respective functions. (3) The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate. (4) Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that— (a) the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and (b) the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental). (5) The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so. (6) The power to make an order under subsection (5)— (a) may be exercised so as to specify different functions in relation to each body, but (b) may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal. (7) In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration. (8) An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force. (9) But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect. (10) In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.

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292 Requirement for Secretary of State to approve remuneration policy etc.

In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the end insert— (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.

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293 Conduct of reviews etc.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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294 Failure to discharge functions

(1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert , and that the failure is significant. (2) After subsection (2) of that section insert— (2A) But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case. (3) After subsection (3) of that section insert— (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so. (5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006. (4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”. (5) In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”. (6) After that subsection insert— (3) A direction under section 82 must be given by regulations or by an instrument in writing.

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295 Arrangements between NHS England and Northern Ireland Ministers

(1) NHS England may make arrangements with a Northern Ireland Minister for NHS England to commission services for the purposes of the Northern Ireland health service. (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements. (3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements. (4) In this section— “commission” means arrange for the provision of, “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

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296 Arrangements between NHS England and Scottish Ministers etc.

(1) NHS England may make arrangements with the Scottish Ministers or a Scottish health body for NHS England to commission services for the purposes of the Scottish health service. (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements. (3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements. (4) In this section— “commission” means arrange for the provision of, and “Scottish health body” means— a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, and the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.

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296A Arrangements between NHS England and devolved authorities in respect of education and training

(1) NHS England may make arrangements with a devolved authority for NHS England— (a) to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014; (b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function. (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements. (3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements. (4) In this section— “devolved authority” means— the Scottish Ministers, the Welsh Ministers, and a Northern Ireland Minister. “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

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297 Relationships between the health services

Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.

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298 Advice or assistance to public authorities in the Isle of Man or Channel Islands

(1) NHS England or an integrated care board may provide advice or assistance to any public authority in the Isle of Man or Channel Islands. (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to payment, as NHS England or (as the case may be) the integrated care board considers appropriate.

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299 Certificate of consent of community patients to treatment

(1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows. (2) In section 64C (treatment of adult community patients), after subsection (4) insert— (4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it. (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment. (3) In section 64E (treatment of child community patients), in subsection (7)— (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and (b) at the end insert ; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as if— (a) the references to treatment were references only to section 58 type treatment, (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and (c) the reference to capacity to consent were a reference to competence to consent. (4) After section 64F insert— Withdrawal of consent 64FA (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment. (2) Subsection (3) below applies where— (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above; but (b) before the completion of the treatment, the patient loses capacity or (as the case may be) competence to consent to the treatment. (3) The patient shall be treated as having withdrawn his consent and section 64B or (as the case may be) section 64E above shall then apply as if the remainder of the treatment were a separate form of treatment. (4) Without prejudice to the application of subsections (1) to (3) above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan. (5) This section shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58, 58A, 64B or 64E above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient. (5) In section 64H (certificates: supplementary provision)— (a) in subsection (2), at the end insert “; and the regulations may make different provision for the different descriptions of Part 4A certificate”, and (b) in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”. (6) In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”. (7) In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert “that falls within section 64C(4) below”. (8) In section 62A of that Act (treatment on recall of community patient or revocation of order), in subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”. (9) In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”. (10) After that subsection insert— (6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.

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300 Transfer schemes

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301 Transfer schemes: supplemental

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302 Transfer schemes in respect of previously transferred property

(1) This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company. (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following— (a) a Minister of the Crown; (b) NHS England; (c) an integrated care board; (d) an NHS trust; (e) an NHS foundation trust; (f) a qualifying company. (3) The things that may be transferred under a scheme under this section include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme; (c) criminal liabilities, except where transfer is to a Minister of the Crown. (4) A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee. (5) A transfer scheme under this section may make provision for the shared ownership or use of property. (6) A transfer scheme under this section may provide— (a) for the scheme to be modified by agreement after it comes into effect, and (b) for any such modifications to have effect from the date when the original scheme comes into effect. (7) In this section references to the transfer of property include references to the grant of a lease. (8) In this section “qualifying company” means— (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.

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303 Power to make consequential provision

(1) The Secretary of State may by order make provision in consequence of this Act. (2) An order under this section may, in particular— (a) amend, repeal, revoke or otherwise modify any enactment; (b) include transitional, transitory or saving provision in connection with the commencement of provision made by the order. (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made by the order pending the commencement of— (a) another provision of the order, (b) a provision of this Act, (c) any other enactment. (4) Before making an order under this section that contains provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers. (5) The power conferred by this section is not restricted by any other provision of this Act. (6) In this section, “enactment” includes— (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation, and references to an enactment include a reference to an enactment passed or made after the passing of this Act.

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304 Regulations, orders and directions

(1) A power to make regulations under this Act is exercisable by the Secretary of State. (2) Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council under this Act, must be made by statutory instrument. (3) Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Subsection (3) does not apply to an order under section 306 (commencement). (5) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the first regulations under section 83 (licensing requirement: exemption regulations); (c) the first order under section 86 (approval by Secretary of State of licensing criteria); (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) regulations under section 105(4) (manner in which turnover to be calculated for purposes of penalty for breach of licence conditions etc.); (f) regulations under section 106(3)(d) (descriptions of action for specifying in enforcement undertaking for breach of licence conditions etc.); (g) regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme); (h) regulations under section 130 (health special administration regulations); (i) an order under section 140 (maximum amount that may be raised from levy to raise funds for special administration cases); (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ja) regulations under section 250(6B) or 251(1) (regulations about waiver of information standards and the procedure for setting standards); (jb) regulations under section 277E (regulations about enforcement); (k) an order under section 290(4) (addition to list of bodies subject to duty co-operate); (l) an order under section 291(5) (order prohibiting bodies subject to duty to co-operate from exercising specified functions etc.); (m) an order under section 303 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament; (n) regulations which, by virtue of subsection (10)(a), include provision that amends or repeals a provision of an Act of Parliament. (6) An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)). (7) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument. (8) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament. (9) A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act— (a) may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case, (b) may be exercised so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition, and (c) may, in particular, make different provision for different areas. (10) Any such power includes— (a) power to make incidental, supplementary, consequential, saving, transitional or transitory provision (including, in the case of a power to make regulations, provision amending, repealing or revoking enactments), and (b) power to provide for a person to exercise a discretion in dealing with any matter. (11) A power to give directions under or by virtue of this Act includes power to vary or revoke the directions by subsequent directions. (12) A direction under this Act by a Minister of the Crown (acting alone)— (a) must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) section 234(1) (direction to NICE to prepare quality standards); (iii) section 245(1) (direction to NICE to perform functions); (iv) section 249(8) (direction to NHS England to be transitional commissioner in relation to pre-commencement statements of quality standards); (v) section 254(1) (direction to NHS England to establish information systems); (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vii) section 260(2)(d) (direction to NHS England that information of specified description is not subject to duty to publish); (viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ix) paragraph 7 of Schedule 6 (direction to NHS England to exercise functions of Secretary of State relating to Primary Care Trusts), and (b) must, in the case of any other direction, be given by an instrument in writing. (13) A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in writing.

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305 Financial provision

There is to be paid out of money provided by Parliament— (a) any expenditure incurred by virtue of this Act by the Secretary of State, and (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

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306 Commencement

(1) The following provisions come into force on the day on which this Act is passed— (a) section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators); (b) section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition); (c) the provisions of this Part; (d) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it. (2) Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint. (3) In subsection (2) “the appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers. (4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint. (5) Different days may be appointed under subsection (2) or (4) for different purposes (including different areas). (6) Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of— (a) another provision of this Act, or (b) any other enactment (within the meaning of section 303). (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement.

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307 Commencement: consultation with Scottish Ministers

(1) The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to— (a) section 58 (radiation protection functions), so far as relating to the Scottish Ministers, (b) section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies, (c) section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers, (d) section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions), (e) section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to— (i) unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland, (ii) a body that maintains a register of persons within sub-paragraph (i), (iii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or (iv) a body that regulates a profession within sub-paragraph (iii), (f) section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors), (g) section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament, (h) section 227 (appointments to regulatory bodies), so far as relating to— (i) the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or (ii) subsection (4) of that provision, (i) section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers, (j) section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers, (k) Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and (l) paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs. (2) In this section— “relevant registers” means— registers of unregulated health professionals in Scotland, registers of unregulated health care workers in Scotland, or registers of relevant students in Scotland, “relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming— an unregulated health professional, an unregulated health care worker, or a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, “unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and “unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.

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308 Extent

(1) Subject to subsections (2) to (5), this Act extends to England and Wales only. (2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked. (3) The following provisions extend to England and Wales, Scotland and Northern Ireland— (a) section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006; (b) sections 56(1) and (3), 57, 58 and 60 (public health functions); (c) section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.); (d) section 214(1) (the Health and Care Professions Council); (e) section 222(1) (the Professional Standards Authority for Health and Social Care); (f) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.); (g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator); (h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission); (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) this Part. (4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland. (5) The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.

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309 Short title

This Act may be cited as the Health and Social Care Act 2012.

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