Law

Health and Social Care Act 2012

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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.

sha256 3533073a2a606333dd055d9343123c98f5d63e8c2a478d5a61b158e9d9047f33

Contents: 336 provisions
  1. Title and introductory text
  2. 1 Secretary of State's duty to promote comprehensive health service
  3. 2 The Secretary of State's duty as to improvement in quality of services
  4. 3 The Secretary of State's duty as to the NHS Constitution
  5. 4 The Secretary of State's duty as to reducing inequalities
  6. 5 The Secretary of State's duty as to promoting autonomy
  7. 6 The Secretary of State's duty as to research
  8. 7 The Secretary of State's duty as to education and training
  9. 8 Secretary of State's duty as to reporting on and reviewing treatment of providers
  10. 9 The NHS Commissioning Board
  11. 10 Clinical commissioning groups
  12. 11 The Secretary of State's duty as to protection of public health
  13. 12 Duties as to improvement of public health
  14. 13 Duties of clinical commissioning groups as to commissioning certain health services
  15. 14 Power of clinical commissioning groups as to commissioning certain health services
  16. 15 Power to require Board to commission certain health services
  17. 16 Secure psychiatric services
  18. 17 Other services etc. provided as part of the health service
  19. 18 Regulations as to the exercise by local authorities of certain public health functions
  20. 19 Regulations relating to EU obligations
  21. 20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
  22. 21 Functions of Special Health Authorities
  23. 22 Exercise of public health functions of the Secretary of State
  24. 23 The NHS Commissioning Board: further provision
  25. 24 Financial arrangements for the Board
  26. 25 Clinical commissioning groups: establishment etc.
  27. 26 Clinical commissioning groups: general duties etc.
  28. 27 Financial arrangements for clinical commissioning groups
  29. 28 Requirement for primary medical services provider to belong to clinical commissioning group
  30. 29 Other health service functions of local authorities under the 2006 Act
  31. 30 Appointment of directors of public health
  32. 31 Exercise of public health functions of local authorities
  33. 32 Complaints about exercise of public health functions by local authorities
  34. 33 Abolition of Strategic Health Authorities
  35. 34 Abolition of Primary Care Trusts
  36. 35 Fluoridation of water supplies
  37. 36 Procedural requirements in connection with fluoridation of water supplies
  38. 37 Fluoridation of water supplies: transitional provision
  39. 38 Approval functions
  40. 39 Discharge of patients
  41. 40 After-care
  42. 41 Provision of pocket money for in-patients
  43. 42 Transfers to and from special hospitals
  44. 43 Independent mental health advocates
  45. 44 Patients' correspondence
  46. 45 Notification of hospitals having arrangements for special cases
  47. 46 Role of the Board and clinical commissioning groups in respect of emergencies
  48. 47 Secretary of State's emergency powers
  49. 48 New Special Health Authorities
  50. 49 Primary care services: directions as to exercise of functions
  51. 50 Charges in respect of certain public health functions
  52. 51 Pharmaceutical services expenditure
  53. 52 Secretary of State's duty to keep health service functions under review
  54. 53 Secretary of State's annual report
  55. 54 Certification of death
  56. 55 Amendments related to Part 1 and transitional provision
  57. 56 Abolition of Health Protection Agency
  58. 57 Functions in relation to biological substances
  59. 58 Radiation protection functions
  60. 59 Repeal of AIDS (Control) Act 1987
  61. 60 Co-operation with bodies exercising functions in relation to public health
  62. 61 Monitor
  63. 62 General duties
  64. 63 Secretary of State's guidance on duty under section 62(9)
  65. 64 General duties: supplementary
  66. 65 Power to give Monitor functions relating to adult social care services
  67. 66 Matters to have regard to in exercise of functions
  68. 67 Conflicts between functions
  69. 68 Duty to review regulatory burdens
  70. 69 Duty to carry out impact assessments
  71. 70 Information
  72. 71 Failure to perform functions
  73. 72 Functions under the Competition Act 1998
  74. 73 Functions under Part 4 of the Enterprise Act 2002
  75. 74 Competition functions: supplementary
  76. 76 Requirements under section 75: investigations, declarations and directions
  77. 77 Requirements under section 75: undertakings
  78. 79 Mergers involving NHS foundation trusts
  79. 80 Co-operation with the CMA
  80. 81 Requirement for health service providers to be licensed
  81. 82 Deemed breach of requirement to be licensed
  82. 83 Exemption regulations
  83. 84 Exemption regulations: supplementary
  84. 85 Application for licence
  85. 86 Licensing criteria
  86. 87 Grant or refusal of licence
  87. 87A Application and grant: NHS trusts
  88. 88 Application and grant: NHS foundation trusts
  89. 89 Revocation of licence
  90. 90 Right to make representations
  91. 91 Notice of decisions
  92. 92 Appeals to the Tribunal
  93. 93 Register of licence holders
  94. 94 Standard conditions
  95. 95 Special conditions
  96. 96 Limits on NHS England’s functions to set or modify licence conditions
  97. 97 Conditions: supplementary
  98. 98 Conditions relating to the continuation of the provision of services etc.
  99. 99 Notification of commissioners where continuation of services at risk
  100. 100 Modification of standard conditions
  101. 101 Modification references to the CMA
  102. 102 Modification of conditions by order under other enactments
  103. 103 Standard condition as to transparency of certain criteria
  104. 104 Power to require documents and information
  105. 105 Discretionary requirements
  106. 106 Enforcement undertakings
  107. 107 Further provision about enforcement powers
  108. 108 Guidance as to use of enforcement powers
  109. 109 Publication of enforcement action
  110. 110 Notification of enforcement action
  111. 111 Imposition of licence conditions on NHS foundation trusts
  112. 112 Duration of transitional period
  113. 113 Orders under section 112: criteria for deciding applicable trusts
  114. 114 Repeal of sections 112 and 113
  115. 114A The NHS payment scheme
  116. 114B The NHS payment scheme: enforcement
  117. 114C The NHS payment scheme: impact assessment and consultation
  118. 114D Objections to proposed NHS payment scheme
  119. 114E Amendments of the NHS payment scheme
  120. 114F Interpretation
  121. 115 Price payable by commissioners for NHS services
  122. 116 The national tariff
  123. 117 The national tariff: further provision
  124. 118 Consultation on proposals for the national tariff
  125. 119 Consultation: further provision
  126. 120 Responses to consultation
  127. 121 Determination on reference under section 120
  128. 122 Changes following determination on reference under section 120
  129. 123 Power to veto changes proposed under section 122
  130. 124 Local modifications of prices: agreements
  131. 125 Local modifications of prices: applications
  132. 126 Applications under section 125: notification of commissioners
  133. 127 Correction of mistakes
  134. 130 Health special administration regulations
  135. 131 Transfer schemes
  136. 132 Indemnities
  137. 133 Modification of this Chapter under Enterprise Act 2002
  138. 134 Duty to establish mechanisms for providing financial assistance
  139. 138 Power to impose charges on commissioners
  140. 140 Power of Secretary of State to set limit on levy and charges
  141. 142 Responses to consultation
  142. 144 Investment principles and reviews
  143. 145 Borrowing
  144. 146 Shortfall or excess of available funds, etc.
  145. 147 Secretary of State's duty as respects variation in provision of health services
  146. 148 Service of documents
  147. 149 Electronic communications
  148. 150 Interpretation, transitional provision and consequential amendments
  149. 151 Governors
  150. 152 Directors
  151. 153 Members
  152. 154 Accounts: initial arrangements
  153. 156 Annual report and forward plan
  154. 157 Meetings
  155. 158 Voting
  156. 159 Authorisation
  157. 160 Bodies which may apply for foundation trust status
  158. 161 Amendment of constitution
  159. 162 Panel for advising governors
  160. 163 Financial powers etc.
  161. 164 Goods and services
  162. 165 Private health care
  163. 166 Information
  164. 167 Significant transactions
  165. 168 Mergers
  166. 169 Acquisitions
  167. 170 Separations
  168. 171 Dissolution
  169. 172 Supplementary
  170. 173 Repeal of de-authorisation provisions
  171. 174 Trust special administrators
  172. 175 Objective of trust special administration
  173. 176 Procedure etc.
  174. 177 Action following final report
  175. 178 Sections 174 to 177: supplementary
  176. 181 Healthwatch England
  177. 182 Activities relating to local care services
  178. 183 Local authority arrangements
  179. 184 Local arrangements: power to make further provision
  180. 185 Independent advocacy services
  181. 186 Requests, rights of entry and referrals
  182. 187 Annual reports
  183. 188 Transitional arrangements
  184. 189 Consequential provision
  185. 190 Scrutiny functions of local authorities
  186. 191 Amendments consequential on section 190
  187. 192 Joint strategic needs assessments
  188. 193 Joint health and wellbeing strategies
  189. 194 Establishment of Health and Wellbeing Boards
  190. 195 Duty to encourage integrated working
  191. 196 Other functions of Health and Wellbeing Boards
  192. 197 Participation of NHS England
  193. 198 Discharge of functions of Health and Wellbeing Boards
  194. 199 Supply of information to Health and Wellbeing Boards
  195. 200 Care Trusts
  196. 201 Disclosure of reports etc. by the Health Service Commissioner
  197. 202 Medical services: minor amendments
  198. 203 Persons eligible to enter into general dental services contracts
  199. 204 Arrangements under section 107 of the National Health Service Act 2006
  200. 205 Payments in respect of costs of sight tests
  201. 206 Pharmaceutical needs assessments
  202. 207 Control of entry on pharmaceutical lists
  203. 208 Lists of performers of pharmaceutical services and assistants etc.
  204. 209 Power to regulate social workers etc. in England
  205. 210 Training etc. of approved mental health professionals in England
  206. 211 Orders regulating social care workers in England: further provision
  207. 212 Abolition of the General Social Care Council
  208. 213 Regulation of social workers in England
  209. 214 The Health and Care Professions Council
  210. 215 Functions of the Council in relation to social work in England
  211. 216 Appeals in cases involving social workers in England
  212. 217 Approval of courses for approved mental health professionals
  213. 218 Exercise of function of approving courses, etc.
  214. 219 Arrangements with other health or social care regulators
  215. 220 References in enactments to registered health professionals, etc.
  216. 221 Functions of the Secretary of State in relation to social care workers
  217. 222 The Professional Standards Authority for Health and Social Care
  218. 223 Functions of the Authority
  219. 224 Funding of the Authority
  220. 225 Power to advise regulatory bodies, investigate complaints, etc.
  221. 226 Accountability and governance
  222. 227 Appointments to regulatory bodies
  223. 228 Establishment of voluntary registers
  224. 229 Accreditation of voluntary registers
  225. 230 Consequential provisions and savings, etc.
  226. 231 Abolition of the Office of the Health Professions Adjudicator
  227. 232 The National Institute for Health and Care Excellence
  228. 233 General duties
  229. 234 Quality standards
  230. 235 Supply of quality standards to other persons
  231. 236 Advice or guidance to the Secretary of State or NHS England
  232. 237 Advice, guidance, information and recommendations
  233. 238 NICE recommendations: appeals
  234. 239 Training
  235. 240 Advisory services
  236. 241 Commissioning guidance
  237. 242 NICE's charter
  238. 243 Additional functions
  239. 244 Arrangements with other bodies
  240. 245 Failure by NICE to discharge any of its functions
  241. 246 Protection from personal liability
  242. 247 Interpretation of this Part
  243. 248 Dissolution of predecessor body
  244. 249 Consequential and transitional provision
  245. 250 Powers to publish information standards
  246. 250A Standards relating to information technology
  247. 251 ... Procedure etc
  248. 251ZA Monitoring compliance
  249. 251ZB Notice requesting compliance by relevant IT providers
  250. 251ZC Public censure of relevant IT providers
  251. 251ZD Exercise of functions of Secretary of State by other persons
  252. 251ZE Accreditation of information technology etc
  253. 251A Consistent identifiers
  254. 251B Duty to share information
  255. 251C Continuity of information: interpretation
  256. 252 The Health and Social Care Information Centre
  257. 253 NHS England data functions: general
  258. 254 Powers to direct NHS England to establish information systems
  259. 255 Powers to request NHS England to establish information systems
  260. 256 Requests for collection under section 255: confidential information
  261. 257 Requests under section 255: supplementary
  262. 258 Information systems: supplementary
  263. 259 Powers to require and request provision of information
  264. 260 Publication of information
  265. 261 Other dissemination of information
  266. 262 Other dissemination: directions and requests under sections 254 and 255
  267. 262A Publication and other dissemination: supplementary
  268. 263 Code of practice on confidential information
  269. 264 Information Register
  270. 265 Advice or guidance
  271. 266 Assessment of quality of information
  272. 267 Power to establish accreditation scheme
  273. 268 Database of quality indicators
  274. 269 Power to confer functions in relation to identification of GPs
  275. 270 Additional functions
  276. 272 Failure by Information Centre to discharge any of its functions
  277. 274 Powers of Secretary of State or NHS England to give directions
  278. 274A Secretary of State’s guidance about NHS England data functions
  279. 275 Interpretation of this Chapter
  280. 276 Dissolution of predecessor body
  281. 277 Consequential provision
  282. 277A Provision of adult social care information to Secretary of State
  283. 277B Restrictions on onward disclosure of information
  284. 277C Directions to certain bodies to exercise functions under this Chapter
  285. 277D Arrangements with third parties
  286. 277E Enforcement of provisions under this Part
  287. 277F Directions to Special Health Authority to exercise functions under section 277E
  288. 278 The Alcohol Education and Research Council
  289. 279 The Appointments Commission
  290. 280 The National Information Governance Board for Health and Social Care
  291. 281 The National Patient Safety Agency
  292. 282 The NHS Institute for Innovation and Improvement
  293. 283 Standing advisory committees
  294. 284 Special notices of births and deaths
  295. 285 Provision of information by Registrar General
  296. 286 Provision of information by Registrar General: Wales
  297. 287 Provision of statistical information by Statistics Board
  298. 288 Monitor: duty to co-operate with Care Quality Commission
  299. 289 Care Quality Commission: duty to co-operate with Monitor
  300. 290 Other duties to co-operate
  301. 291 Breaches of duties to co-operate
  302. 292 Requirement for Secretary of State to approve remuneration policy etc.
  303. 293 Conduct of reviews etc.
  304. 294 Failure to discharge functions
  305. 295 Arrangements between NHS England and Northern Ireland Ministers
  306. 296 Arrangements between NHS England and Scottish Ministers etc.
  307. 296A Arrangements between NHS England and devolved authorities in respect of education and training
  308. 297 Relationships between the health services
  309. 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
  310. 299 Certificate of consent of community patients to treatment
  311. 300 Transfer schemes
  312. 301 Transfer schemes: supplemental
  313. 302 Transfer schemes in respect of previously transferred property
  314. 303 Power to make consequential provision
  315. 304 Regulations, orders and directions
  316. 305 Financial provision
  317. 306 Commencement
  318. 307 Commencement: consultation with Scottish Ministers
  319. 308 Extent
  320. 309 Short title
  321. SCHEDULE 1 The National Health Service Commissioning Board
  322. SCHEDULE 2 Clinical commissioning groups
  323. SCHEDULE 3 Pharmaceutical remuneration
  324. SCHEDULE 4 Amendments of the National Health Service Act 2006
  325. SCHEDULE 5 Part 1: amendments of other enactments
  326. SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments
  327. SCHEDULE 8 Monitor
  328. SCHEDULE 11 Further provision about NHS England’s enforcement powers
  329. SCHEDULE 12 Procedure on references under section 120
  330. SCHEDULE 13 Part 3: minor and consequential amendments
  331. SCHEDULE 15 Part 7: consequential amendments and savings
  332. SCHEDULE 16 The National Institute for Health and Care Excellence
  333. SCHEDULE 17 Part 8: consequential amendments
  334. SCHEDULE 19 Part 9: consequential amendments
  335. SCHEDULE 20 Part 10: consequential amendments and savings
  336. SCHEDULE 21 Amendments relating to relationships between the health services

Proposed changes to this act

No one has proposed a change to this act yet.

336 provisions

40 After-care

(1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows. (2) In subsection (2)— (a) after “duty of the” insert “clinical commissioning group or”, (b) omit “Primary Care Trust or” in each place it appears, and (c) after “such time as the” insert “clinical commissioning group or”. (3) After subsection (2C) insert— (2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”. (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board. (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board. (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act. (4) In subsection (3)— (a) after “section “the” insert “clinical commissioning group or”, (b) omit “Primary Care trust or” in each place it appears, and (c) after “means the”, in the first place it appears, insert “clinical commissioning group or”. (5) In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert— (5) In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)— (a) in section 223K(8), paragraph (a) of the definition of “relevant services”, (b) in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”, (c) in section 252A(10), the definition of “service arrangements”, (d) section 253(1A)(d)(ii). (6) In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”. (7) In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”. (8) In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.

Propose a change

41 Provision of pocket money for in-patients

(1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows. (2) In subsection (1)— (a) for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”, (b) for “he thinks fit” substitute “the Welsh Ministers think fit”, (c) for “their” substitute “those persons'”, (d) for “him” substitute “the Welsh Ministers”, and (e) for “they” substitute “those persons”. (3) In subsection (2)— (a) omit “the National Health Service Act 2006 and”, and (b) for “either of those Acts” substitute “that Act”. (4) In section 146 of that Act (application to Scotland), omit “122,”.

Propose a change

42 Transfers to and from special hospitals

(1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals). (2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)— (a) after paragraph (c), insert “or”, (b) omit the “or” following paragraph (d), and (c) omit paragraph (e). (3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”. (4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999. (5) This section does not affect— (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, (b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or (c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.

Propose a change

43 Independent mental health advocates

(1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)— (a) for “The Secretary of State” substitute “A local social services authority whose area is in England”, and (b) at the end insert “for whom the authority is responsible for the purposes of this section”. (2) In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”. (3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert— (4A) A local social services authority is responsible for a qualifying patient if— (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area; (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above; (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area; (d) in the case of a qualifying patient falling within subsection (3)— (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section. (4B) In subsection (4A)(d) above— (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; (c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. (4) In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Mental Health Act 1983, at the appropriate place insert— Section 130A | Making arrangements to enable independent mental health advocates to be available to help qualifying patients .

Propose a change

44 Patients' correspondence

(1) In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)— (a) before “the approved clinician” insert “or”, and (b) omit “or the Secretary of State”. (2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State under section 134(1) of that Act and having effect immediately before the commencement of this section.

Propose a change

45 Notification of hospitals having arrangements for special cases

(1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)— (a) after “the duty of” insert “every clinical commissioning group and of”, (b) omit “every Primary Care Trust and of”, (c) after “the area of the” insert “clinical commissioning group or”, (d) omit “Primary Care Trust or” in the first place it appears, (e) after “available to the” insert “clinical commissioning group or”, and (f) omit “Primary Care Trust or” in the second place it appears. (2) In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).

Propose a change

46 Role of the Board and clinical commissioning groups in respect of emergencies

For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert— Role of the Board and clinical commissioning groups in respect of emergencies 252A (1) The Board and each clinical commissioning group must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency. (2) The Board must take such steps as it considers appropriate for securing that each clinical commissioning group is properly prepared for dealing with a relevant emergency. (3) The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical commissioning group with its duty under subsection (1). (4) The Board must take such steps as it considers appropriate for securing that each relevant service provider is properly prepared for dealing with a relevant emergency. (5) The steps taken by the Board under subsection (4) must include monitoring compliance by the service provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is properly prepared for dealing with a relevant emergency. (6) The Board may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the clinical commissioning groups and relevant service providers for which it is a relevant emergency. (7) The Board may arrange for any body or person to exercise any functions of the Board under subsections (2) to (6). (8) Where the Board makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that the Board has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004. (9) A relevant service provider must appoint an individual to be responsible for— (a) securing that the provider is properly prepared for dealing with a relevant emergency, (b) securing that the provider complies with any requirements mentioned in subsection (5), and (c) providing the Board with such information as it may require for the purpose of discharging its functions under this section. (10) In this section— “relevant emergency”— in relation to the Board or a clinical commissioning group, means any emergency which might affect the Board or the group (whether by increasing the need for the services that it may arrange or in any other way); in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way); “relevant service provider” means any body or person providing services in pursuance of service arrangements; “service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.

Propose a change

47 Secretary of State's emergency powers

(1) Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows. (2) In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it is appropriate to do so”. (3) After subsection (1) insert— (1A) A direction under this section may be given to— (a) an NHS body other than a Local Health Board; (b) the National Institute for Health and Care Excellence; (c) the Health and Social Care Information Centre; (d) any body or person, other than an NHS body, providing services in pursuance of arrangements made— (i) by the Secretary of State under section 12, (ii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, (iii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or (iv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A. (4) For subsection (2) substitute— (2) In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be exercised— (a) to give directions to the body about the exercise of any of its functions; (b) to direct the body to cease to exercise any of its functions for a specified period; (c) to direct the body to exercise any of its functions concurrently with another body or person for a specified period; (d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person). (2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised— (a) to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d); (b) to direct the body or person to cease to provide any of those services for a specified period; (c) to direct the body or person to provide other services for the purposes of the health service for a specified period. (5) After subsection (2A) insert— (2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this section. (2C) The Secretary of State may give directions to the Board about its exercise of any functions that are the subject of a direction under subsection (2B). (2D) In this section, “specified” means specified in the direction. (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers). (7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.

Propose a change

48 New Special Health Authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

49 Primary care services: directions as to exercise of functions

(1) After section 98 of the National Health Service Act 2006 insert— Directions Exercise of functions 98A (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). (2) After section 114 of that Act insert— Directions Exercise of functions 114A (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 dental 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 dental services (including functions which the Board has been directed to exercise under subsection (1)). (3) After section 125 of that Act insert— Directions Exercise of functions 125A (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 ophthalmic 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 ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)). (4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services. (5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it 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 to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction. (8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates. (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 ophthalmic services in question, have regard to a report under subsection (8). (4) After section 168 of that Act insert— Directions Exercise of functions 168A (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part. (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 pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)).

Propose a change

50 Charges in respect of certain public health functions

(1) After section 186 of the National Health Service Act 2006 insert— Charges in respect of public health functions 186A (1) The Secretary of State may make charges under this subsection in respect of any step taken under section 2A. (2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health. (3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate. (4) Regulations may provide for the making and recovery of charges in respect of— (a) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and (b) the taking of prescribed steps by a local authority under section 2B. (5) Regulations under subsection (4) may make provision as to the calculation of charges authorised by the regulations, including provision prescribing the amount or the maximum amount that may be charged. (6) Nothing in this section affects any other power conferred by or under this Act to make charges. (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert— (zd) regulations under section 186A(4), .

Propose a change

51 Pharmaceutical services expenditure

(1) After section 165 of the National Health Service Act 2006 insert— Pharmaceutical remuneration: further provision 165A (1) The Board must provide the Secretary of State with such information relating to the remuneration paid by the Board to persons providing pharmaceutical services or local pharmaceutical services as the Secretary of State may require. (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require. (3) Schedule 12A makes further provision about pharmaceutical remuneration. (2) After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.

Propose a change

52 Secretary of State's duty to keep health service functions under review

In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert— Duty to keep under review Secretary of State's duty to keep health service functions under review 247C (1) The Secretary of State must keep under review the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service in England. (2) The bodies mentioned in this subsection are— (a) the Board; (b) Monitor; (c) the Care Quality Commission and its Healthwatch England committee; (d) the National Institute for Health and Care Excellence; (e) the Health and Social Care Information Centre; (f) Special Health Authorities. (3) The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.

Propose a change

53 Secretary of State's annual report

After section 247C of the National Health Service Act 2006 insert— Annual report Secretary of State's annual report 247D (1) The Secretary of State must publish an annual report on the performance of the health service in England. (2) The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C. (3) The Secretary of State must lay any report prepared under this section before Parliament.

Propose a change

54 Certification of death

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

55 Amendments related to Part 1 and transitional provision

(1) Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect. (2) Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect. (3) Schedule 6 (which makes transitional provision in connection with this Part) has effect.

Propose a change

56 Abolition of Health Protection Agency

(1) The Health Protection Agency is abolished. (2) The Health Protection Agency Act 2004 is repealed. (3) Subsection (2) does not apply to— (a) paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and (b) section 11(1) of that Act so far as it gives effect to that paragraph. (4) Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect.

Propose a change

57 Functions in relation to biological substances

(1) The appropriate authority must— (a) devise standards for the purity and potency of biological substances, (b) prepare, approve, hold and distribute standard preparations of biological substances, (c) design appropriate procedures for testing biological substances, (d) provide or arrange for the provision of laboratory facilities for testing biological substances, (e) carry out tests on biological substances, (f) examine records kept in connection with the manufacture and quality control of biological substances, (g) report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and (h) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g). (2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section. (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom). (4) The appropriate authority must co-operate with the person in the exercise of those functions. (5) The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section. (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section. (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly). (8) In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.

Propose a change

58 Radiation protection functions

(1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not). (2) The steps that may be taken under subsection (1) include— (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding; (b) providing technical services (whether in laboratories or otherwise); (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation; (d) providing training; (e) providing information and advice; (f) making available the services of any person or any facilities. (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section. (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section. (5) In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must— (a) consult the body, and (b) have regard to the body's policies. (6) Each of the following is a Health and Safety body— (a) the Health and Safety Executive; (b) the Health and Safety Executive for Northern Ireland. (c) the Office for Nuclear Regulation. (7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006. (8) In this section, “the appropriate authority” means— (a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998); (b) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998); (c) the Secretary of State in any other case. (9) In this section, “the public” means— (a) where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland, (b) where the appropriate authority is the Scottish Ministers, the public in Scotland, and (c) where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland. (10) This section does not apply in relation to England.

Propose a change

59 Repeal of AIDS (Control) Act 1987

(1) The AIDS (Control) Act 1987 is repealed. (2) The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.

Propose a change

60 Co-operation with bodies exercising functions in relation to public health

(1) In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert— Co-operation in relation to public health functions Co-operation in relation to public health functions 247B (1) This section applies to any body or other person that exercises functions similar to those of the Secretary of State under section 2A (whether or not in relation to the United Kingdom). (2) The Secretary of State must co-operate with the body or other person in the exercise by it of those functions. (3) If the Secretary of State acts under subsection (2) at the request of the body or other person, the Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so. (4) The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State of functions under section 2A. (5) If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose charges in respect of any costs incurred by it in doing so. (2) In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert— (da) section 247B (co-operation in relation to public health functions), .

Propose a change

61 Monitor

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

62 General duties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

63 Secretary of State's guidance on duty under section 62(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

64 General duties: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

65 Power to give Monitor functions relating to adult social care services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

66 Matters to have regard to in exercise of functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

67 Conflicts between functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

68 Duty to review regulatory burdens

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

69 Duty to carry out impact assessments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

70 Information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

71 Failure to perform functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

72 Functions under the Competition Act 1998

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

73 Functions under Part 4 of the Enterprise Act 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

74 Competition functions: supplementary

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In section 168 of that Act (regulated markets)— (a) in subsection (3) (meaning of “relevant action”), after paragraph (o) insert— (p) modifying the conditions of a licence issued under section 87 of the Health and Social Care Act 2012. , (b) in subsection (4) (meaning of “relevant statutory functions”), after paragraph (q) insert— (r) in relation to any licence issued under section 87 of the Health and Social Care Act 2012, the duties of Monitor under sections 62 and 66 of that Act. , and (c) in subsection (5) (meaning of “sectoral regulator”), after paragraph (i) insert— (ia) Monitor; .

Propose a change

76 Requirements under section 75: investigations, declarations and directions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

77 Requirements under section 75: undertakings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

79 Mergers involving NHS foundation trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

80 Co-operation with the CMA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

81 Requirement for health service providers to be licensed

(1) Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter. (2) Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service.

Propose a change

← Find another law