79C3C34C52B45572883A05D425EB0F82

Health and Social Care Act

https://www.legislation.gov.uk/ukpga/2012/7/pdfs/ukpga_20120007_en.pdf

http://leaux.net/URLS/ConvertAPI Text Files/F1A1079D7C322B9BF83A8F5BD21AB146.en.txt

Examining the file media/Synopses/F1A1079D7C322B9BF83A8F5BD21AB146.html:

This file was generated: 2020-12-01 07:18:45

Indicators in focus are typically shown highlighted in yellow; Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; Trigger Words/Phrases are shown highlighted in gray.

Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)


Applicable Type / Vulnerability / Indicator Overlay for this Input

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activitycrime8
PoliticalRefugee Statusasylum6
Politicalcriminalcriminal29
Politicaldisplaceddisplaced1
Politicalperson in detention centerdetained3
Politicalpolitical affiliationparty36
Politicalvulnerablevulnerable10
HealthCognitive Impairmentimpairment2
HealthDrug Dependencedependence4
HealthDrug Usagesubstance3
HealthMentally Disableddisabled9
HealthMentally Disabledmentally2
HealthMentally Disableddisability4
HealthMotherhood/Familyfamily2
HealthPhysically Disabledillness20
HealthPhysically Illsick2
Healthinjuredinjured2
Healthpatients in emergency situationsemergencies9
SocialAccess to Social Goodsaccess23
SocialAccess to informationfreedomXofXinformation16
SocialAgeage5
SocialChildchild5
SocialChildchildren31
SocialIncarceratedliberty1
SocialIncarceratedprison2
SocialIncarceratedrestricted2
SocialMarital Statussingle7
SocialPolice Officerofficer34
SocialPolice Officerpolice3
SocialProperty Ownershiphome5
SocialProperty Ownershipproperty101
SocialReligionconviction1
SocialSoldierarmed forces4
SocialThreat of Violenceviolence5
SocialTrade Union Membershipunion3
SocialVictim of Abuseabuse3
SocialYouth/Minorsminor9
SocialYouth/Minorsyouth3
Socialeducationeducation44
Socialeducationeducational1
Socialemployeesemployees41
Socialgendergender1
Socialparentsparent1
Socialphilosophical differences/differences of opinionopinion36
EconomicEconomic/Povertypoverty2
General/OtherImpaired Autonomyautonomy4
General/OtherIncapacitatedincapacity4
General/OtherPublic Emergencyemergency20
General/OtherRelationship to Authorityauthority767

Political / Illegal Activity

Searching for indicator crime:

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p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
p.000075: (f) in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
p.000075:
p.000075: 40 After-care
p.000075: (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
p.000075: (2) In subsection (2)—
p.000075: (a) after “duty of the” insert “clinical commissioning group or”,
p.000075: (b) omit “Primary Care Trust or” in each place it appears, and
p.000075: (c) after “such time as the” insert “clinical commissioning group or”.
p.000075: (3) After subsection (2C) insert—
p.000075: “(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide”
p.000075: there were substituted “to arrange for the provision of”.
p.000075: (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning
p.000075: group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead
p.000075: on another clinical commissioning group or the National Health Service Commissioning Board.
p.000075: (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is
p.000075: to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the
p.000075: reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
p.000075: (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under
p.000075: subsection (2E) as it applies to a power to make regulations under that Act.”
...

p.000349: (b) omit “a Primary Care Trust,”.
p.000349: (3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
p.000349: (4) In subsection (3) for “trust” substitute “other body”.
p.000349: 80 In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in
p.000349: paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
p.000349: Audit Commission Act 1998 (c. 18)
p.000349: 81 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain
p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
p.000350: Crime and Disorder Act 1998 (c. 37)
p.000350: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000350: 83 The Crime and Disorder Act 1998 is amended as follows.
p.000350: 84 In section 5 (authorities responsible for crime and disorder strategies), in subsection
p.000350: (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
p.000350: 85 In section 38 (local provision of youth justice services), in subsection (2)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”, and
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 86 In section 39 (Youth Offending Teams), in subsection (3)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”,
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 87 In that section, in subsection (5)(d)—
p.000350: (a) after “nominated by” insert “a clinical commissioning group or”, and
p.000350: (b) omit “a Primary Care Trust or”.
p.000350: 88 In section 41 (the Youth Justice Board), in subsection (10)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “and”, and
p.000350: (c) omit “and a Primary Care Trust”.
p.000350: 89 In section 42 (supplementary provisions), in subsection (3)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
...

p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
p.000357: (d) omit paragraph (e).
...

p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
...

Political / Refugee Status

Searching for indicator asylum:

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p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
p.000352: “(za) there may be a need for the provision to that person of services that may be provided pursuant
p.000352: to arrangements made by a clinical commissioning group under the National Health Service Act 2006
p.000352: (including by virtue of section 7A of that Act),”,
p.000352:
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) in paragraph (a) omit “a Primary Care Trust”, and
p.000352: (c) in the text following paragraph (b)—
p.000353: 353
p.000353: (i) after “notify that” insert “clinical commissioning group,”, and
p.000353: (ii) omit “Primary Care Trust,”.
p.000353: 106 In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
p.000353: (a) before paragraph (d) insert—
p.000353: “(ca) the National Health Service Commissioning Board,”, and
p.000353: (b) in paragraph (d)—
p.000353: (i) omit “, Primary Care Trust”, and
p.000353: (ii) before “(in Wales,” insert “, clinical commissioning group”.
p.000353: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000353: 107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000353: inspector to disclose information to health service bodies), in paragraph (a)—
p.000353: (a) omit sub-paragraph (i),
p.000353: (b) before sub-paragraph (ii) insert—
p.000353: “(ia) the National Health Service Commissioning Board,
p.000353: (ib) a clinical commissioning group established under section 14D of the National Health Service Act 2006,
p.000353: (ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000353: to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000353: (c) omit sub-paragraph (iii).
p.000353: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000353: 108 The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
p.000353: 109 In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the
p.000353: definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
p.000353: 110 In section 9 (dispute resolution)—
p.000353: (a) in subsection (1) omit “by Strategic Health Authorities in England and”,
p.000353: (b) at the end of that subsection insert “in relation to Wales”,
p.000353: (c) in subsection (2) omit —
p.000353: (i) “Strategic Health Authority or”, and
p.000353: (ii) “Authority or”,
p.000353: (d) in subsection (3)—
p.000353: (i) for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
p.000353: (ii) omit “a Strategic Health Authority or”, and
p.000353:
p.000354: 354
...

p.000372: 7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000372: membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
p.000372: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000372: 8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying
p.000372: for membership of the Assembly), omit the
p.000372:
p.000372: Health and Social Care Act 2012 (c. 7)
p.000372: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000373: 373
p.000373: entry for the chairman and any non-executive member of the Health Protection Agency.
p.000373: Employment Rights Act 1996 (c. 18)
p.000373: 9 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph
p.000373: (dd).
p.000373: Freedom of Information Act 2000 (c. 36)
p.000373: 10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the
p.000373: entry for the Health Protection Agency.
p.000373: International Development Act 2002 (c. 1)
p.000373: 11 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000373: powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
p.000373: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000373: 12 (1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to
p.000373: disclose information to health service bodies) is amended as follows.
p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
p.000373: (b) omit sub-paragraph (iv) and the “, or” preceding it.
p.000373: Scottish Public Services Ombudsman Act 2002 (asp 11)
p.000373: 13 The Scottish Public Services Ombudsman Act 2002 is amended as follows.
p.000373: 14 In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
p.000373:
p.000374: 374
p.000374: Health and Social Care Act 2012 (c. 7) Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000374: 15 In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
p.000374: Civil Contingencies Act 2004 (c. 36)
p.000374: 16 In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph
p.000374: 9 substitute—
...

p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
p.000410: Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: 87 In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the
p.000410: heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Licensing Act 2003 (c. 17)
p.000410: 88 In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in
p.000410: the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006
p.000410: or”.
p.000410: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000410: 89 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000410: 90 In section 148 (interpretation of Part 2)—
p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
...

Political / criminal

Searching for indicator criminal:

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p.000025: (a) discharge the functions to which it relates, or
p.000025: (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
p.000025: (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish
p.000025: the reasons for doing so.
p.000025: (5) For the purposes of this section a failure to discharge a function properly includes a failure to
p.000025: discharge it consistently with what the Secretary of State considers to be the interests of the health service.
p.000025:
p.000025: Disclosure of information
p.000025: 13Z3 Permitted disclosures of information
p.000025: (1) The Board may disclose information obtained by it in the exercise of its functions if—
p.000025: (a) the information has previously been lawfully disclosed to the public,
p.000025: (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care
p.000025: (Community Health and Standards) Act 2003 (complaints about health care or social services),
p.000025: (c) the disclosure is made in accordance with any enactment or court order,
p.000025: (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000025: (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have
p.000025: the information for the purpose of exercising functions of that person under any enactment,
p.000025: (f) the disclosure is made for the purpose of facilitating the exercise of any of the Board’s functions,
p.000025: (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000025: Kingdom), or
p.000025: (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
p.000025: (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of
p.000025: common law which would otherwise prohibit or restrict the disclosure.
p.000025:
p.000025: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000025:
p.000025:
p.000025: 13Z4 Interpretation
p.000025: (1) In this Chapter—
p.000027: 27
p.000027:
p.000027: Interpretation
p.000027: “the health service” means the health service in England;
p.000027: “health services” means services provided as part of the health service and, in sections 13O and 13Q, also
p.000027: includes services that are to be provided as part of the health service.
p.000027: (2) Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes
p.000027: a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of
p.000027: arrangements under section 7A—
p.000027: section 6E(7) and (10)(b), section 13A(2),
p.000027: section 13C(1), section 13D, section 13E(1), section 13F, section 13G, section 13H, section 13I, section 13J, section
p.000027: 13K(1), section 13L, section 13M,
p.000027: section 13N(1) and (2), section 13O(2),
p.000027: section 13Q(1), section 13T(1),
p.000027: section 13U(1) and (4), section 13W(2), section 13X(1),
p.000027: section 13Z2(1), section 13Z3(1), section 72(1),
p.000027: section 75(1)(a) and (2), section 82,
p.000027: section 223C(2)(a),
p.000027: in Schedule A1, paragraph 13.
p.000027: (3) Any reference (however expressed) in the following provisions of other Acts to the functions of the Board
p.000027: includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of
p.000027: arrangements under section 7A—
...

p.000047: functions.
p.000047: (2) For the purposes of this section—
p.000047: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000047: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000047: considers to be the interests of the health service.
p.000047: 14Z18 Power to require documents and information etc.
p.000047: (1) Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board
p.000047: any information, documents, records or other items that the Board considers it necessary or
p.000047: expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.
p.000047: (2) The persons mentioned in this subsection are—
p.000047: (a) the clinical commissioning group if it has possession or control of the item in question;
p.000047: (b) any member or employee of the group who has possession or control of the item in question.
p.000047: (3) A person must comply with a requirement imposed under subsection (1).
p.000047: (4) The power conferred by subsection (1) includes power to require that any information, documents or records kept
p.000047: by means of a computer be provided in legible form.
p.000047:
p.000047: Health and Social Care Act 2012 (c. 7)
p.000049: 49
p.000049: Part 1 — The health service in England
p.000049:
p.000049: (5) The power conferred by subsection (1) does not include power to require the provision of personal
p.000049: records.
p.000049: (6) In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence
p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
p.000049: (b) the accountable officer of the group,
...

p.000051: powers conferred by sections 14Z18, 14Z19 and 14Z21.
p.000051: (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
p.000051: (7) For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with,
p.000051: or includes the whole or any part of, the area of the clinical commissioning group.
p.000051:
p.000051: Disclosure of information
p.000051: 14Z23 Permitted disclosures of information
p.000051: (1) A clinical commissioning group may disclose information obtained by it in the exercise of its functions if—
p.000051: (a) the information has previously been lawfully disclosed to the public,
p.000051: (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care
p.000051: (Community Health and Standards) Act 2003 (complaints about health care or social services),
p.000051: (c) the disclosure is made in accordance with any enactment or court order,
p.000051: (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000051: (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have
p.000051: the information for the purpose of exercising functions of that person under any enactment,
p.000051: (f) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group’s
p.000051: functions,
p.000051: (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000051: Kingdom), or
p.000051: (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
p.000051: (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of
p.000051: common law which would otherwise prohibit or restrict the disclosure.
p.000051:
p.000052: 52
p.000052:
p.000052:
p.000052: 14Z24 Interpretation
p.000052: (1) In this Chapter—
p.000052:
p.000052:
p.000052: Interpretation
p.000052: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000052: “financial year”, in relation to a clinical commissioning group, includes the period which begins on the
p.000052: day the group is established and ends on the following 31 March;
p.000052: “the health service” means the health service in England;
p.000052: “health services” means services provided as part of the health service and, in section 14Z2, also includes
p.000052: services that are to be provided as part of the health service;
p.000052: “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning
p.000052: given by section 14Z11(9).
p.000052: (2) Any reference (however expressed) in the following provisions of this Act to the functions of a clinical
p.000052: commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the
p.000052: group by virtue of arrangements under section 7A—
p.000052: section 6E(7) and (10)(b), section 14C(2)(e), section 14P,
p.000052: section 14Q, section 14T, section 14U(1), section 14V, section 14W(1), section 14X, section 14Y, section 14Z,
p.000052: section 14Z1(1) and (2), section 14Z2(1),
p.000052: section 14Z4(1), section 14Z5(2), section 14Z6(1), section 14Z7(7), section 14Z11(1), section 14Z15(1), section
p.000052: 14Z16(2),
p.000052: sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3), section 14Z23(1),
...

p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
p.000059: (5) A local authority may terminate the appointment of its director of public health.
p.000059: (6) Before terminating the appointment of its director of public health, a local authority must consult the
...

p.000059: Care Act 2012 (c. 7)
p.000059: Part 1 — The health service in England
p.000059:
p.000059: (7) A local authority must have regard to any guidance given by the Secretary of State in relation to its
p.000059: director of public health, including guidance as to appointment and termination of appointment, terms and
p.000059: conditions and management.
p.000059: (8) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 31 Exercise of public health functions of local authorities
p.000059: In Part 3 of the National Health Service Act 2006 after section 73A insert—
p.000059: “73B Exercise of public health functions of local authorities: further provision
p.000059: (1) A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any
p.000059: document published by the Secretary of State for the purposes of this section.
p.000059: (2) The functions mentioned in this subsection are—
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (e) such other functions relating to public health as may be prescribed.
p.000059: (3) The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in
p.000059: subsection (2).
p.000059: (4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to
p.000059: the appointment of officers of the local authority to discharge any functions mentioned in subsection
p.000059: (2), and as to their terms and conditions, management and dismissal.
p.000059: (5) The director of public health for a local authority must prepare an annual report on the health
p.000059: of the people in the area of the local authority.
p.000059: (6) The local authority must publish the report.
p.000059: (7) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 32 Complaints about exercise of public health functions by local authorities
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B
p.000059: insert—
p.000059: “73C Complaints about exercise of public health functions by local authorities
p.000059: (1) Regulations may make provision about the handling and consideration of complaints made under the regulations
p.000059: about —
p.000059:
p.000059: Health and Social Care Act 2012 (c. 7)
p.000061: 61
p.000061: Part 1 — The health service in England
p.000061:
...

p.000073: Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
p.000073:
p.000073: Health and Social Care Act 2012 (c. 7)
p.000075: 75
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (3) This section, in so far as it authorises the provision of information by one relevant person to
p.000075: another relevant person, has effect notwithstanding any rule of common law which would otherwise
p.000075: prohibit or restrict the provision.
p.000075: (4) In this section, “information” includes documents and records.”
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
...

p.000175: governors.”
p.000175: (4) Omit subsections (3) to (5) of that section.
p.000175: (5) At the end of that section insert—
p.000175: “(6) Subsection (7) applies in the case of an NHS foundation trust.
p.000175: (7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
p.000175: (a) terminate the office of any governor or of any executive or non- executive director of the trust;
p.000175: (b) appoint a person to be a governor or an executive or non- executive director of the trust.”
p.000175: (6) After that section insert—
p.000175: “65LA Trusts to be dissolved
p.000175: (1) This section applies if—
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
p.000175: (b) the action recommended in the final report is to dissolve the NHS foundation trust in question.
p.000175: (2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation
p.000175: trust in question.
p.000175: (3) The regulator may make an order—
p.000175: (a) dissolving the trust, and
p.000175: (b) transferring, or providing for the transfer of, the property and liabilities of the trust—
p.000175: (i) to another NHS foundation trust or the Secretary of State, or
p.000175: (ii) between another NHS foundation trust and the Secretary of State.
p.000175: (4) An order under subsection (3) may include provision for the transfer of employees of the trust.
p.000175: (5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include
p.000175: criminal liabilities.”
p.000175: (7) For the cross-heading preceding section 65K substitute “Action by the Secretary of State and
p.000175: the regulator”.
p.000175:
p.000176: 176
p.000176:
p.000176: 178 Sections 174 to 177: supplementary
p.000176: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000176: (1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator)
p.000176: insert—
p.000176: “(3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000176: the Secretary of State are to be read as references to the regulator.”
p.000176: (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
p.000176: “(2A) It must include guidance about the publication of—
p.000176: (a) notices under section 65KC(4)(a);
p.000176: (b) statements under section 65KC(4)(b).”
p.000176: (3) At the end of that section insert—
p.000176: “(4) For the purposes of this section in its application to cases of NHS foundation trusts, the
p.000176: reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”
p.000176: (4) In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”,
p.000176: after “65B(6)(a)” insert “, section 65D(2)”.
p.000176: (5) In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert “,
p.000176: (g) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
p.000176: (h) a copy of any report laid under section 65D,
p.000176: (i) a copy of any information published under section 65D,
p.000176: (j) a copy of any draft report published under section 65F,
...

p.000210: the Board arranges unless the person is included in a list prepared by virtue of subsection (1)(a),
p.000210: (b) a person of a prescribed description may not perform local pharmaceutical services unless the person is
p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
p.000211: (6) The imposition of such conditions must be with a view to—
p.000211: (a) preventing any prejudice to the efficiency of the services to which a list relates, or
p.000211: (b) preventing any acts or omissions of the type described in section 151(3)(a).
...

p.000217: Professions Order 2001”—
p.000217: (a) section 18(e) of the London County Council (General Powers) Act 1920;
p.000217: (b) section 58(1A)(a) of the Medicines Act 1968;
p.000217: (c) section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
p.000217: (d) section 3(11) of the Video Recordings Act 1984;
p.000217: (e) paragraph (E) in the third column of the entry for the London County Council (General Powers) Act 1920 in
p.000217: Schedule 2 to the Greater London Council (General Powers) Act 1984;
p.000217: (f) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local
p.000217: Authorities Act 1991;
p.000217: (g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
p.000217: (h) section 69(1)(h) of the Data Protection Act 1998;
p.000217: (i) section 60(2)(c) of the Health Act 1999;
p.000217: (j) section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
p.000217: (k) section 126(4)(a) of the National Health Service Act 2006;
p.000217: (l) section 80(4)(a) of the National Health Service (Wales) Act 2006;
p.000217:
p.000218: 218
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218:
p.000218: (m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
p.000218: (8) In the definition of “registered psychologist” in each of the following provisions, for “the
p.000218: Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
p.000218: (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;
p.000218: (b) section 207(6) of the Criminal Justice Act 2003;
p.000218: (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
p.000218: (d) section 25 of the Gender Recognition Act 2004.
p.000218:
p.000218: 214 The Health and Care Professions Council
p.000218: (1) The body corporate known as the Health Professions Council—
p.000218: (a) is to continue to exist, and
p.000218: (b) is to change its name to the Health and Care Professions Council.
p.000218: (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
p.000218: 254) (the Council and its Committees), for sub-paragraph (1) substitute—
p.000218: “(1) The Health and Care Professions Council is referred to in this Order as “the Council”.”
p.000218: (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
p.000218:
p.000218: 215 Functions of the Council in relation to social work in England
p.000218: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000218: (2) In article 3 (the Council and its Committees), in paragraph (5)(b)—
p.000218: (a) in paragraph (ii), omit “other”,
p.000218: (b) omit the “and” following paragraph (iv), and
p.000218: (c) after paragraph (v) insert “,
p.000218: (vi) the regulation of social work in England, and
p.000218: (vii) the provision, supervision or management of the services of persons engaged in social work in England.”
...

p.000255: (3) A direction under section 260(2)(d) may require the Information Centre to disseminate information
p.000255: which the Centre is prohibited from publishing only by virtue of the direction.
p.000255: (4) The Information Centre may also disseminate, in such form and manner and at such times as it considers
p.000255: appropriate, any information which it collects pursuant to a direction under section 254 or a request
p.000255: under section 255 (whether or not it falls within subsection (2)) to any person to whom the information
p.000255: could have been lawfully disclosed by the person from whom the Centre collected the information.
p.000255: (5) The Information Centre may also disclose information which it obtains by complying with a direction
p.000255: under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
p.000255:
p.000256: 256
p.000256: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000256: Health and Social Care Information Centre
p.000256:
p.000256: (a) the information has previously been lawfully disclosed to the public,
p.000256: (b) the disclosure is made in accordance with any court order,
p.000256: (c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000256: (d) the disclosure is made to any person in circumstances where it is necessary or expedient for the
p.000256: person to have the information for the purpose of exercising functions of that person conferred under or by virtue of
p.000256: any provision of this or any other Act,
p.000256: (e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000256: Kingdom), or
p.000256: (f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United
p.000256: Kingdom).
p.000256: (6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would
p.000256: otherwise prohibit or restrict the disclosure.
p.000256: (7) Nothing in this section or section 262 prevents the Information Centre from disseminating information (otherwise
p.000256: than by publishing it) under or by virtue of any other provision of this or any other Act.
p.000256: (8) For the purposes of this section and section 262 the provision by the Information Centre of
p.000256: information which it has obtained by complying with a direction under section 254 or a request under section 255 to the
p.000256: person who gave the direction or made the request is to be treated as dissemination by the Centre of that information
p.000256: to that person.
p.000256:
p.000256: 262 Other dissemination: directions and requests under sections 254 and 255
p.000256: (1) A direction under section 254 may require the Information Centre to disseminate information
p.000256: which it obtains by complying with the direction if the information falls within subsection (2).
p.000256: (2) Information falls within this subsection if—
p.000256: (a) the information is required to be published under section 260;
p.000256: (b) the information is in a form which identifies any relevant person to whom the information relates or
p.000256: enables the identity of such a relevant person to be ascertained and—
p.000256: (i) the relevant person has consented to the dissemination, or
p.000256: (ii) the person giving the direction, after taking into account the public interest as well as the
p.000256: interests of the relevant person, considers that it is appropriate for the information to be disseminated;
...

p.000277: 277
p.000277:
p.000277: (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant
p.000277: of a lease.
p.000277: (8) In this section and Schedules 22 and 23, “qualifying company” means—
p.000277: (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned
p.000277: by the Secretary of State or the Board, or
p.000277: (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of
p.000277: State.
p.000277: (9) In section 301 and Schedules 22 and 23— “local authority” means—
p.000277: (a) a county council in England;
p.000277: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000277: council;
p.000277: (c) a London borough council;
p.000277: (d) the Council of the Isles of Scilly;
p.000277: (e) the Common Council of the City of London;
p.000277: “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
p.000277:
p.000277: 301 Transfer schemes: supplemental
p.000277: (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—
p.000277: (a) property, rights and liabilities that could not otherwise be transferred;
p.000277: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000277: (c) criminal liabilities but only where the transfer is to a person mentioned in subsection (2).
p.000277: (2) Those persons are—
p.000277: (a) the National Health Service Commissioning Board;
p.000277: (b) a clinical commissioning group;
p.000277: (c) a local authority;
p.000277: (d) the Care Quality Commission;
p.000277: (e) Monitor;
p.000277: (f) the National Institute for Health and Care Excellence;
p.000277: (g) the Health and Social Care Information Centre;
p.000277: (h) the Health and Care Professions Council;
p.000277: (i) a public authority other than a Minister of the Crown.
p.000277: (3) A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000277: transitional and consequential provision and may in particular—
p.000277: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000277: (b) make provision about the continuing effect of things done by the transferor in respect of anything
p.000277: transferred;
p.000277: (c) make provision about the continuation of things (including legal proceedings) in the process of being
p.000277: done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000277:
p.000278: 278
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 11 — Miscellaneous
p.000278:
p.000278: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000278: anything transferred to be treated as references to the transferee.
p.000278: (4) A property transfer scheme may make provision for the shared ownership or use of property.
p.000278: (5) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
p.000278: (6) A property transfer scheme or a staff transfer scheme may provide—
p.000278: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000278: (b) for any such modifications to have effect from the date when the original scheme comes into effect.
p.000278: (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this
p.000278: Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure
p.000278: that all the body’s liabilities (other than criminal liabilities) are dealt with.
p.000278: (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment)
p.000278: Regulations 2006 (SI 2006/246).
p.000278:
p.000278: 302 Subsequent property transfer schemes
p.000278: (1) This section applies in relation to any property, rights or liabilities which are transferred under a
p.000278: property transfer scheme under section 300(1) from a Primary Care Trust, a Strategic Health Authority or the
p.000278: Secretary of State to a Special Health Authority or a qualifying company.
p.000278: (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from
p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
...

p.000298: Incidental powers
p.000298: 20 The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—
p.000298: (a) enter into agreements,
p.000298: (b) acquire and dispose of property, and
p.000298: (c) accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).
p.000298: Seal and evidence
p.000298: 21 (1) The application of a clinical commissioning group’s seal must be authenticated by the signature of any
p.000298: person who has been authorised (generally or specially) for that purpose.
p.000298: (2) Any instrument which, if executed by an individual, would not need to be under seal may be executed on
p.000298: behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for
p.000298: that purpose.
p.000298: (3) A document purporting to be duly executed under a clinical commissioning group’s seal or to be signed on
p.000298: its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.
p.000298: PART 3 TRANSFER SCHEMES
p.000298: 22 The things that may be transferred under a property transfer scheme or a staff transfer scheme
p.000298: under section 14I include—
p.000298: (a) property, rights and liabilities that could not otherwise be transferred;
p.000298: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000298: (c) criminal liabilities.
p.000298: 23 A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000298: transitional and consequential provision and may in particular—
p.000298: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000298: (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;
p.000298: (c) make provision about the continuation of things (including legal proceedings) in the process
p.000298: of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000298:
p.000298: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000299: 299
p.000299: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000299: anything transferred to be treated as references to the transferee.
p.000299: 24 A property transfer scheme may make provision for the shared ownership or use of property.
p.000299: 25 A staff transfer scheme may make provision which is the same or similar to the Transfer of
p.000299: Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
p.000299: 26 A property transfer scheme or a staff transfer scheme may provide—
p.000299: (a) for the scheme to be modified by agreement after it comes into effect, and
...

p.000355: (b) omit subsections (3) and (4).
p.000355: 120 In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
p.000355: “(d) anything done by the National Health Service Commissioning Board or a clinical
p.000355: commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act
p.000355: 2006.”
p.000355: 121 In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
p.000355: (a) omit paragraph (a),
p.000355: (b) omit paragraph (b), and
p.000355: (c) before paragraph (d) insert—
p.000355: “(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;”.
p.000355: 122 In section 160 (provision of information)—
p.000355: (a) in subsection (1), after paragraph (g) insert—
p.000355: “(h) if the injured person received NHS treatment pursuant to arrangements made by a
p.000355: clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the
p.000355: clinical commissioning group.”, and
p.000355: (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or”
p.000355: preceding it.’.
p.000355: 123 In section 165 (power to apply provisions about recovery of charges to non- NHS hospitals), in subsection
p.000355: (3)(b)—
p.000355: (a) omit sub-paragraph (i), and
p.000355: (b) before sub-paragraph (ii) insert—
p.000355: “(ia) the National Health Service Commissioning Board,
p.000355: (ib) a clinical commissioning group,”.
p.000355:
p.000356: 356
p.000356:
p.000356: Criminal Justice Act 2003 (c. 44)
p.000356: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000356: 124 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
...

p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000361: (c) in that subsection, omit paragraph (c), and
p.000361: (d) in the title, for “services-providers” substitute “responsible persons”.
p.000361: 151 In section 225 (duties of services-providers to allow entry by local involvement
p.000361: networks), in subsection (7), omit paragraph (c).
p.000361: 152 In section 227 (annual reports), in subsection (4)(b)—
p.000361: (a) omit “each Primary Care Trust,”,
p.000361: (b) omit “and”,
p.000361: (c) omit “each Strategic Health Authority,”, and
p.000361:
p.000362: 362
p.000362: Health and Social Care Act 2012 (c. 7)
p.000362: Schedule 5 — Part 1: amendments of other enactments
p.000362: (d) omit the words from “any” to the end.
p.000362: Criminal Justice and Immigration Act 2008 (c. 4)
p.000362: 153 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance
p.000362: on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).
p.000362: Health and Social Care Act 2008 (c. 14)
p.000362: 154 The Health and Social Care Act 2008 is amended as follows.
p.000362: 155 In section 30 (urgent procedure for cancellation), in subsection (3)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 156 In section 39 (bodies required to be notified of certain matters), in subsection (1)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 157 In section 46 (reviews and investigations)—
p.000362: (a) omit subsection (1),
p.000362: (b) omit subsection (2), and
p.000362: (c) in subsections (4) and (6)(a), for “a body’s” substitute “a local authority’s”.
p.000362: 158 In section 48 (special reviews and investigations)—
...

p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
p.000412: 106 In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
p.000412: Criminal Justice and Immigration Act 2008 (c. 4)
p.000412: 107 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or
p.000412: disturbance on NHS premises), in the definition of “relevant English NHS body”—
p.000412: (a) omit paragraph (a), and
p.000412: (b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or”
p.000412: preceding that paragraph).
p.000412: Health and Social Care Act 2008 (c. 14)
p.000412: 108 The Health and Social Care Act 2008 is amended as follows.
p.000412: 109 In section 97(1) (general interpretation of Part 1)—
p.000412: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000412: (b) in the definition of “English NHS provider” omit paragraph (b).
p.000412: 110 In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial
p.000412: assistance), omit paragraph (c).
p.000412: Autism Act 2009 (c. 15)
p.000412: 111 In section 4(1) of the Autism Act 2009 (interpretation), in the definition of “NHS body”, omit paragraph
p.000412: (c).
p.000412: Health Act 2009 (c. 21)
p.000412: 112 The Health Act 2009 is amended as follows.
p.000412:
p.000412: Health and Social Care Act 2012 (c. 7)
p.000412: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000413: 413
p.000413: 113 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit paragraph (c).
p.000413: 114 In section 8(2) (bodies with duty to publish information on quality of services) omit paragraph
p.000413: (b).
p.000413: Corporation Tax Act 2010 (c. 4)
p.000413: 115 In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table, in the
...

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p.000331: under this Act of the Secretary of State, the Board and each clinical commissioning group must be
p.000331: exercised”, and
p.000331: (b) for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may
p.000331: be)”.
p.000331: (3) In subsection (2), in paragraph (a)—
p.000331:
p.000332: 332
p.000332: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000332: Part 12 — Miscellaneous
p.000332: (a) after “exercisable by” insert “the Board,”,
p.000332: (b) after “a” insert “clinical commissioning group,”,
p.000332: (c) omit “Strategic Health Authority,”, and
p.000332: (d) omit “Primary Care Trust,”.
p.000332: 132 (1) Section 259 (sale of medical practices) is amended as follows.
p.000332: (2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.
p.000332: (3) After that subsection insert—
p.000332: “(4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a
p.000332: reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph
p.000332: 30 of Schedule 4 to the Health and Social Care Act 2012 (sub- paragraph (2) of which replaces section
p.000332: 83(2)).”
p.000332: (4) In subsection (5), in the definition of “relevant area”—
p.000332: (a) after ““relevant area”” insert “—
p.000332: (a) ”, and
p.000332: (b) at the end insert “;
p.000332: (b) in relation to the Board, in a case where a person has at any time provided or performed services by
p.000332: arrangement or contract with the Board, means the prescribed area (at the prescribed time).”
p.000332: 133 Omit section 268 (persons displaced by health service development), and the cross-heading which precedes
p.000332: it.
p.000332: 134 In section 271 (territorial limit of exercise of functions), in the words in brackets in
p.000332: subsection (3)(a), after “directions to” insert “certain”.
p.000332: 135 After section 271 insert—
p.000332: “271A Services to be treated as services of the Crown for certain purposes
p.000332: (1) Services to which this section applies are to be treated as services of the Crown for the purposes of—
p.000332: (a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services
p.000332: of the Crown etc.), and
p.000332: (b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).
p.000332: (2) This section applies to services provided in pursuance of—
p.000332: (a) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or
p.000332: (b) the public health functions of a local authority.”
p.000332: 136 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.
p.000332: (2) In subsection (3)—
p.000332: (a) omit paragraph (b), and
p.000332: (b) omit paragraph (d).
p.000332: (3) In subsection (5)—
p.000332:
p.000332: Health and Social Care Act 2012 (c. 7)
p.000332: Schedule 4 — Amendments of the National Health Service Act 2006 Part 12 — Miscellaneous
p.000332: (a) omit “a PCT order, or”, and
p.000332: (b) before paragraph (a) insert—
p.000332: “(za) section 14A(1),”.
p.000333: 333
p.000333: 137 (1) Section 273 (further provision about orders and directions) is amended as follows.
...

Political / person in detention center

Searching for indicator detained:

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p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
...

p.000077:
p.000077: 41 Provision of pocket money for in-patients
p.000077: (1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in- patients) is amended as follows.
p.000077: (2) In subsection (1)—
p.000077: (a) for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
p.000077: (b) for “he thinks fit” substitute “the Welsh Ministers think fit”,
p.000077: (c) for “their” substitute “those persons’”,
p.000077: (d) for “him” substitute “the Welsh Ministers”, and
p.000077: (e) for “they” substitute “those persons”.
p.000077: (3) In subsection (2)—
p.000077: (a) omit “the National Health Service Act 2006 and”, and
p.000077: (b) for “either of those Acts” substitute “that Act”.
p.000077: (4) In section 146 of that Act (application to Scotland), omit “122,”.
p.000077:
p.000077: 42 Transfers to and from special hospitals
p.000077: (1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
p.000077: (2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in
p.000077: subsection (4)—
p.000077: (a) after paragraph (c), insert “or”,
p.000077: (b) omit the “or” following paragraph (d), and
p.000077: (c) omit paragraph (e).
p.000077: (3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit
p.000077: “or under section 123 above”.
p.000077: (4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health
p.000077: Act 1999.
p.000077: (5) This section does not affect—
p.000077: (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before
p.000077: the commencement of this section,
p.000077:
p.000077: 78 Health and Social
p.000077: Care Act 2012 (c. 7)
p.000077: Part 1 — The health service in England
p.000077:
p.000077: (b) that Act in relation to any application, order or direction for admission or removal to a hospital
p.000077: made under that Act before that commencement, or
p.000077: (c) the authority for the retaking of a person who, before that commencement, escapes while
p.000077: being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
p.000077:
p.000077: 43 Independent mental health advocates
p.000077: (1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in
p.000077: subsection (1)—
p.000077: (a) for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
p.000077: (b) at the end insert “for whom the authority is responsible for the purposes of this section”.
p.000077: (2) In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
p.000077: (3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
p.000077: “(4A) A local social services authority is responsible for a qualifying patient if—
p.000077: (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered
p.000077: establishment in which he is liable to be detained is situated in that authority’s area;
p.000077: (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the
p.000077: responsible local social services authority within the meaning of section 34(3) above;
p.000077: (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is
p.000077: situated in that authority’s area;
p.000077: (d) in the case of a qualifying patient falling within subsection (3)—
p.000077: (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible
p.000077: for him for the purposes of section 130A above, or
p.000077: (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for
p.000077: the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the
p.000077: purposes of that section.
p.000077: (4B) In subsection (4A)(d) above—
p.000077: (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act
p.000077: 2005;
p.000077: (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of
...

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p.000023: (2) The payments may be made subject to such terms and conditions as the Board considers appropriate.
p.000023:
p.000023: Health and Social Care Act 2012 (c. 7)
p.000025: 25
p.000025: Part 1 — The health service in England
p.000025: 13Y Board’s incidental powers: further provision
p.000025: The power conferred on the Board by section 2 includes, in particular, power to—
p.000025: (a) enter into agreements,
p.000025: (b) acquire and dispose of property, and
p.000025: (c) accept gifts (including property to be held on trust for the purposes of the Board).
p.000025:
p.000025: Exercise of functions of Board
p.000025: 13Z Exercise of functions
p.000025: (1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed
p.000025: provision of any other Act.
p.000025: (2) The Board may arrange for any such function to be exercised by or jointly with—
p.000025: (a) a Special Health Authority,
p.000025: (b) a clinical commissioning group, or
p.000025: (c) such other body as may be prescribed.
p.000025: (3) Regulations may provide that the power in subsection (2) does not apply in relation to a function of a
p.000025: prescribed description.
p.000025: (4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body,
p.000025: they may be exercised by a joint committee of the Board and the other body.
p.000025: (5) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000025: agreed between the Board and the other party to the arrangements.
p.000025: (6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its
p.000025: functions.
p.000025:
p.000025: Power to confer additional functions
p.000025: 13Z1 Power to confer additional functions on the Board
p.000025: (1) Regulations may provide that the Board is to have such additional functions in relation to the
p.000025: health service as may be specified in the regulations.
p.000025: (2) A function may be specified in regulations under subsection (1) only if the function is connected to another
p.000025: function of the Board.
p.000025:
p.000025: Intervention powers
p.000025: 13Z2 Failure by the Board to discharge any of its functions
p.000025: (1) The Secretary of State may give a direction to the Board if the Secretary of State considers that—
p.000025: (a) the Board—
p.000025: (i) is failing or has failed to discharge any of its functions, or
p.000025:
p.000025: 26 Health and Social
p.000025: Care Act 2012 (c. 7)
p.000025: Part 1 — The health service in England
p.000025:
p.000025: (ii) is failing or has failed properly to discharge any of its functions, and
p.000025: (b) the failure is significant.
p.000025: (2) A direction under subsection (1) may direct the Board to discharge such of those functions, and in such
p.000025: manner and within such period or periods, as may be specified in the direction.
p.000025: (3) If the Board fails to comply with a direction under subsection (1), the Secretary of State may—
p.000025: (a) discharge the functions to which it relates, or
p.000025: (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
...

p.000029: (a) the Board to discharge any of its commissioning functions, or
p.000029: (b) a clinical commissioning group to discharge any of its functions.
p.000029: (3) The Board must publish guidance as to how it proposes to exercise its powers to make payments out of the
p.000029: contingency fund.
p.000029: (4) In this section, “commissioning functions” means functions in arranging for the provision of
p.000029: services as part of the health service.”
p.000029:
p.000029: Health and Social Care Act 2012 (c. 7)
p.000031: 31
p.000031: Part 1 — The health service in England
p.000031:
p.000031: Further provision about clinical commissioning groups
p.000031:
p.000031: 25 Clinical commissioning groups: establishment etc.
p.000031: (1) After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
p.000031: “CHAPTER A2
p.000031: CLINICAL COMMISSIONING GROUPS
p.000031:
p.000031: Establishment of clinical commissioning groups
p.000031: 14A General duties of Board in relation to clinical commissioning groups
p.000031: (1) The Board must exercise its functions under this Chapter so as to ensure that at any time after the day
p.000031: specified by order of the Secretary of State for the purposes of this section each provider of primary
p.000031: medical services is a member of a clinical commissioning group.
p.000031: (2) The Board must exercise its functions under this Chapter so as to ensure that at any time after the day
p.000031: so specified the areas specified in the constitutions of clinical commissioning groups—
p.000031: (a) together cover the whole of England, and
p.000031: (b) do not coincide or overlap.
p.000031: (3) For the purposes of this Chapter, “provider of primary medical services” means a person who is a party
p.000031: to an arrangement mentioned in subsection (4).
p.000031: (4) The arrangements mentioned in this subsection are—
p.000031: (a) a general medical services contract to provide primary medical services of a prescribed description,
p.000031: (b) arrangements under section 83(2) for the provision of primary medical services of a prescribed description,
p.000031: (c) section 92 arrangements for the provision of primary medical services of a prescribed description.
p.000031: (5) Where a person who is a provider of primary medical services is a party to more than one arrangement mentioned
p.000031: in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary
p.000031: medical services in respect of each of those arrangements.
p.000031: (6) Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection
p.000031: (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical
p.000031: services (and the individuals are not to be so treated).
p.000031: (7) Where two or more individuals are parties to an arrangement mentioned in subsection (4) but
p.000031: are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a
p.000031: provider of primary medical services (and the individuals are not to be so treated).
p.000031: 14B Applications for the establishment of clinical commissioning groups
p.000031: (1) An application for the establishment of a clinical commissioning group may be made to the Board.
p.000031:
p.000031: 32 Health and Social
p.000031: Care Act 2012 (c. 7)
p.000031: Part 1 — The health service in England
p.000031:
p.000031: (2) The application may be made by any two or more persons each of whom—
p.000031: (a) is or wishes to be a provider of primary medical services, and
p.000031: (b) wishes to be a member of the clinical commissioning group.
p.000031: (3) The application must be accompanied by—
p.000031: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000031: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see
p.000031: paragraph 12 of Schedule 1A), and
p.000031: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000031: (4) At any time before the Board determines the application—
p.000031: (a) a person who is or wishes to be a provider of primary medical services (and wishes to be a member
p.000031: of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the
p.000031: existing applicants;
p.000031: (b) any of the applicants may withdraw.
p.000031: (5) At any time before the Board determines the application, the applicants may modify the proposed constitution
p.000031: with the agreement of the Board.
p.000031: (6) Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.
p.000031: 14C Determination of applications
p.000031: (1) The Board must grant an application under section 14B if it is satisfied as to the following matters.
p.000031: (2) Those matters are—
p.000031: (a) that the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,
p.000031: (b) that each of the members specified in the constitution will be a provider of primary medical services on
p.000031: the date the clinical commissioning group is established,
p.000031: (c) that the area specified in the constitution is appropriate,
p.000031: (d) that it would be appropriate for the Board to appoint, as the accountable officer of the group, the
p.000031: person named by the group under section 14B(3)(b),
p.000031: (e) that the applicants have made appropriate arrangements to ensure that the clinical commissioning
p.000031: group will be able to discharge its functions,
p.000031: (f) that the applicants have made appropriate arrangements to ensure that the group will have a
p.000031: governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, and
p.000031: (g) such other matters as may be prescribed.
p.000031: (3) Regulations may make provision—
p.000031:
p.000031: Health and Social Care Act 2012 (c. 7)
p.000033: 33
...

p.000071: a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that
p.000071: Act applies as if for subsection (3) there were substituted—
p.000071: “(3) The amount to be paid by each of the affected local authorities is to be determined by agreement between the
p.000071: local authorities.”.
p.000071: (4) Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in
p.000071: relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered
p.000071: into by a water undertaker with the Secretary of State under section 87(1) of that Act.
p.000071:
p.000071: Health and Social Care Act 2012 (c. 7)
p.000073: 73
p.000073: Part 1 — The health service in England
p.000073: Functions relating to mental health matters
p.000073:
p.000073: 38 Approval functions
p.000073: (1) After section 12 of the Mental Health Act 1983 insert—
p.000073: “12ZA Agreement for exercise of approval function: England
p.000073: (1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary
p.000073: of State to be exercisable by the Secretary of State concurrently—
p.000073: (a) with that other person, and
p.000073: (b) if a requirement under section 12ZB has effect, with the other person by whom the function is
p.000073: exercisable under that requirement.
p.000073: (2) In this section and sections 12ZB and 12ZC, “approval function” means—
p.000073: (a) the function under section 12(2), or
p.000073: (b) the function of approving persons as approved clinicians.
p.000073: (3) An agreement under this section may, in particular, provide for an approval function to be exercisable
p.000073: by the other party
p.000073: (a) in all circumstances or only in specified circumstances;
p.000073: (b) in all areas or only in specified areas.
p.000073: (4) An agreement under this section may provide for an approval function to be exercisable by the other party
p.000073: (a) for a period specified in the agreement, or
p.000073: (b) for a period determined in accordance with the agreement.
p.000073: (5) The other party to an agreement under this section must comply with such instructions as the Secretary of State
p.000073: may give with respect to the exercise of the approval function.
p.000073: (6) An instruction under subsection (5) may require the other party to cease to exercise the function to
p.000073: such extent as the instruction specifies.
p.000073: (7) The agreement may provide for the Secretary of State to pay compensation to the other party
p.000073: in the event of an instruction such as is mentioned in subsection (6) being given.
p.000073: (8) An instruction under subsection (5) may be given in such form as the Secretary of State may determine.
p.000073: (9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may
p.000073: determine; but that does not apply to an instruction such as is mentioned in subsection (6).
p.000073: (10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and
p.000073: the Secretary of State may make payments to other persons in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZB Requirement to exercise approval functions: England
p.000073: (1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board
p.000073: (“the Board”) or a Special Health
p.000073:
p.000073: 74 Health and Social
p.000073: Care Act 2012 (c. 7)
p.000073: Part 1 — The health service in England
p.000073:
p.000073: Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State
p.000073: concurrently—
p.000073: (a) with the Board or (as the case may be) Special Health Authority, and
p.000073: (b) if an agreement under section 12ZA has effect, with the other person by whom the function is
p.000073: exercisable under that agreement.
p.000073: (2) The Secretary of State may, in particular, require the body concerned to exercise an approval function—
p.000073: (a) in all circumstances or only in specified circumstances;
p.000073: (b) in all areas or only in specified areas.
p.000073: (3) The Secretary of State may require the body concerned to exercise an approval function—
p.000073: (a) for a period specified in the requirement, or
p.000073: (b) for a period determined in accordance with the requirement.
p.000073: (4) Where a requirement under subsection (1) is imposed, the Board or (as the case may be) Special Health
p.000073: Authority must comply with such instructions as the Secretary of State may give with respect to the
p.000073: exercise of the approval function.
p.000073: (5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine.
p.000073: (6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may
p.000073: determine.
p.000073: (7) Where the Board or a Special Health Authority has an approval function by virtue of this section, the
p.000073: function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that
p.000073: Act.
p.000073: (8) The Secretary of State may make payments in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZC Provision of information for the purposes of section 12ZA or 12ZB
p.000073: (1) A relevant person may provide another person with such information as the relevant person considers
p.000073: necessary or appropriate for or in connection with—
p.000073: (a) the exercise of an approval function; or
p.000073: (b) the exercise by the Secretary of State of the power—
p.000073: (i) to enter into an agreement under section 12ZA;
p.000073: (ii) to impose a requirement under section 12ZB; or
p.000073: (iii) to give an instruction under section 12ZA(5) or 12ZB(4).
p.000073: (2) The relevant persons are—
p.000073: (a) the Secretary of State;
p.000073: (b) a person who is a party to an agreement under section 12ZA; or
p.000073: (c) if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning
p.000073: Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
p.000073:
p.000073: Health and Social Care Act 2012 (c. 7)
p.000075: 75
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (3) This section, in so far as it authorises the provision of information by one relevant person to
p.000075: another relevant person, has effect notwithstanding any rule of common law which would otherwise
p.000075: prohibit or restrict the provision.
p.000075: (4) In this section, “information” includes documents and records.”
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
...

p.000151: (a) in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and
p.000151: 60(1) of that Act, for “board of governors” substitute “council of governors”,
p.000151: (b) in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for
p.000151: “the board” (in each place it appears) substitute “the council”,
p.000151: (c) for the cross-heading preceding paragraph 7 of that Schedule substitute “Council of Governors”,
p.000151: (d) in the cross-heading preceding paragraph 28 of that Schedule, for “board” substitute “council”, and
p.000151: (e) in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for “board of governors” substitute “council of
p.000151: governors”.
p.000151:
p.000151: 152 Directors
p.000151: (1) After paragraph 18 of Schedule 7 to the National Health Service Act 2006
p.000151:
p.000152: 152
p.000152:
p.000152:
p.000152: insert—
p.000152: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000152: “18A The general duty of the board of directors, and of each director individually, is to act with a
p.000152: view to promoting the success of the corporation so as to maximise the benefits for the members of the corporation as a
p.000152: whole and for the public.”
p.000152: (2) After paragraph 18A of that Schedule insert—
p.000152: “18B(1) The duties that a director of a public benefit corporation has by virtue of being a director include in
p.000152: particular—
p.000152: (a) a duty to avoid a situation in which the director has (or can have) a direct or indirect interest that conflicts
p.000152: (or possibly may conflict) with the interests of the corporation;
p.000152: (b) a duty not to accept a benefit from a third party by reason of being a director or doing (or not doing)
p.000152: anything in that capacity.
p.000152: (2) The duty referred to in sub-paragraph (1)(a) is not infringed if—
p.000152: (a) the situation cannot reasonably be regarded as likely to give rise to a conflict of interest, or
p.000152: (b) the matter has been authorised in accordance with the constitution.
p.000152: (3) The duty referred to in sub-paragraph (1)(b) is not infringed if acceptance of the benefit cannot
p.000152: reasonably be regarded as likely to give rise to a conflict of interest.
p.000152: (4) In sub-paragraph (1)(b), “third party” means a person other than—
p.000152: (a) the corporation, or
p.000152: (b) a person acting on its behalf.”
p.000152: (3) After paragraph 18B of that Schedule insert—
p.000152: “18C(1) If a director of a public benefit corporation has in any way a direct or indirect interest in a proposed
p.000152: transaction or arrangement with the corporation, the director must declare the nature and extent of that interest to
p.000152: the other directors.
p.000152: (2) If a declaration under this paragraph proves to be, or becomes, inaccurate or incomplete, a further
p.000152: declaration must be made.
p.000152: (3) Any declaration required by this paragraph must be made before the corporation enters into the transaction or
p.000152: arrangement.
p.000152: (4) This paragraph does not require a declaration of an interest of which the director is not aware or where the
p.000152: director is not aware of the transaction or arrangement in question.
p.000152: (5) A director need not declare an interest—
p.000152: (a) if it cannot reasonably be regarded as likely to give rise to a conflict of interest;
p.000152: (b) if, or to the extent that, the directors are already aware of it;
p.000152: (c) if, or to the extent that, it concerns terms of the director’s appointment that have been or are to
p.000152: be considered—
p.000152: (i) by a meeting of the board of directors, or
p.000152:
p.000152: Health and Social Care Act 2012 (c. 7)
p.000152: Part 4 — NHS foundation trusts & NHS trusts
p.000153: 153
p.000153:
p.000153: (ii) by a committee of the directors appointed for the purpose under the constitution.”
p.000153: (4) After paragraph 18C of that Schedule insert—
p.000153: “18D(1) Before holding a meeting, the board of directors must send a copy of the agenda of the meeting to the council
p.000153: of governors.
...

p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
p.000295: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000295: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000295: the transfer of
p.000295:
p.000296: 296
p.000296: Health and Social Care Act 2012 (c. 7)
p.000296: Schedule 2 — Clinical commissioning groups
p.000296:
p.000296: any trust property from the clinical commissioning group to the trustees.
p.000296: Externally financed development agreements
p.000296: 16 (1) The powers of a clinical commissioning group include power to enter into externally financed development
p.000296: agreements.
p.000296: (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is
p.000296: certified as such in writing by the Secretary of State.
p.000296: (3) The Secretary of State may give a certificate under this paragraph if—
p.000296: (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision
p.000296: of services or facilities in connection with the discharge by a clinical commissioning group of any of its
p.000296: functions, and
p.000296: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with
p.000296: the agreement.
p.000296: (4) If a clinical commissioning group enters into an externally financed development agreement it may
p.000296: also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in
p.000296: relation to the externally financed development agreement.
p.000296: (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning
p.000296: group.
p.000296: (6) The fact that an agreement made by a clinical commissioning group has not been certified under this
p.000296: paragraph does not affect its validity.
p.000296: Accounts and audits
p.000296: 17 (1) A clinical commissioning group must keep proper accounts and proper records in relation to the accounts.
p.000296: (2) A clinical commissioning group must prepare annual accounts in respect of each financial year.
p.000296: (3) The Board may, with the approval of the Secretary of State, direct a clinical commissioning group to prepare
p.000296: accounts in respect of such period or periods as may be specified in the direction.
p.000296: (4) The Board may, with the approval of the Secretary of State, give directions to a clinical commissioning group as
p.000296: to—
p.000296: (a) the methods and principles according to which its annual or other accounts must be prepared, and
p.000296: (b) the form and content of such accounts.
p.000296: (5) The annual accounts and, if the Board so directs, accounts prepared by virtue of
p.000296: sub-paragraph (3) must be audited in accordance with the Audit Commission Act 1998 by an auditor or
p.000296:
p.000296: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000297: 297
p.000297: auditors appointed in accordance with arrangements made by the Board for the purposes of this paragraph.
p.000297: (6) The Comptroller and Auditor General may examine—
p.000297: (a) the annual accounts and any records relating to them, and
p.000297: (b) any report on them by the auditor or auditors.
p.000297: (7) A clinical commissioning group must send its audited annual accounts, and any audited accounts
...

p.000322: (7) In paragraph 7 (making a scheme)—
p.000322: (a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and
p.000322: (b) in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
p.000322: (8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000322: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000322: and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the
p.000322: purposes of the scheme.
p.000322: 93 (1) Schedule 12 (LPS schemes) is amended as follows.
p.000322:
p.000322: Health and Social Care Act 2012 (c. 7)
p.000322: Schedule 4 — Amendments of the National Health Service Act 2006 Part 7 — Pharmaceutical services
p.000322: (2) In paragraph 1 (provision of local pharmaceutical services)—
p.000322: (a) in sub-paragraph (1)—
p.000323: 323
p.000323: (i) for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”,
p.000323: (b) in sub-paragraph (2)—
p.000323: (i) in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the
p.000323: “commissioner”)”,
p.000323: (ii) in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and
p.000323: (iii) in paragraph (b), for “the commissioning body” substitute “the commissioner”,
p.000323: (c) omit sub-paragraph (2A),
p.000323: (d) for sub-paragraph (2B) substitute—
p.000323: “(2B) The Secretary of State may establish an LPS scheme only where the other party is the Board.
p.000323: (2C) The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may
p.000323: be prescribed.”,
p.000323: (e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (f) in sub-paragraph (5), omit “in its area”.
p.000323: (3) In paragraph 2 (designation of priority neighbourhoods or premises)—
p.000323: (a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (b) in sub-paragraph (1), omit “or Strategic Health Authority”.
p.000323: (4) In paragraph 3 (regulations)—
p.000323: (a) in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and
p.000323: (b) in sub-paragraph (3)(k)—
p.000323: (i) for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”.
p.000323: (5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of
p.000323: the Health Act 2009.
p.000323: (6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000323: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000323: and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the
p.000323: scheme.
p.000323: PART 8 CHARGING
p.000323: 94 In section 176 (dental charging)—
p.000323: (a) in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
p.000323:
p.000324: 324
...

p.000342: Dartford-Thurrock Crossing Act 1988 (c. 20)
p.000342: 43 In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
p.000342: (a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
p.000342: (b) for “that Act” substitute “the National Health Service Act 2006”, and
p.000342: (c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
...

p.000401:
p.000401:
p.000401: SCHEDULE 14 Section 179
p.000401: ABOLITION OF NHS TRUSTS IN ENGLAND: CONSEQUENTIAL AMENDMENTS
p.000401: PART 1
p.000401: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006
p.000401: 1 The National Health Service Act 2006 is amended as follows.
p.000401: 2 In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule
p.000401: 4 (NHS trusts)”.
p.000401: 3 In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).
p.000401: 4 In section 9 (NHS contracts), omit subsection (3).
p.000401: 5 In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for
p.000401: subsection (4) substitute—
p.000401: “(4) For the purposes of subsection (3), an agreement is an externally financed development agreement
p.000401: if it is certified as such by the Secretary of State.
p.000401:
p.000402: 402
p.000402: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part
p.000402: 1 — Amendments of the National Health Service Act 2006
p.000402: (4A) The Secretary of State may give a certificate under subsection (4) if—
p.000402: (a) in the opinion of the Secretary of State, the purpose or main purpose of the agreement is the provision
p.000402: of facilities or services in connection with the discharge by the NHS foundation trust of any of its
p.000402: functions, and
p.000402: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in
p.000402: connection with the agreement.
p.000402: (4B) In subsection (4A)(b), “another party” means any party to the agreement other than the NHS foundation
p.000402: trust.”
p.000402: 6 In section 42 (public dividend capital), after subsection (1) insert—
p.000402: “(1A) The reference in subsection (1) to an NHS trust is a reference to an NHS trust which was established under
p.000402: section 25 of this Act before its repeal by section 179 of the Health and Social Care Act 2012.”
p.000402: 7 In section 51 (trust funds and trustees), omit subsection (4).
p.000402: 8 In section 56 (mergers of NHS foundation trusts)—
p.000402: (a) in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and
p.000402: (b) in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.
p.000402: 9 In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—
p.000402: (a) in subsection (1)(b), omit “or an NHS trust established under section 25”,
p.000402: (b) in subsection (2), omit “(that is an NHS foundation trust)”, and
p.000402: (c) in subsection (3), omit paragraph (a) (and the following “and”).
p.000402: 10 In section 57 (mergers, acquisitions and separation of NHS foundation trusts) (as amended by
p.000402: sections 172 and 173(2)(a))—
p.000402: (a) in subsection (3)(a), omit “, an NHS trust established under section 25”,
p.000402: (b) in subsection (4), omit “or an NHS trust established under section 25”, and
p.000402: (c) omit subsection (5).
p.000402: 11 In section 65(1) (interpretation for provisions about NHS foundation trusts), in the definition of “health
p.000402: service body”, omit “an NHS trust,”.
p.000402: 12 In section 65A(1) (application of trust special administration regime), omit paragraph (a).
...

p.000407: Health Service Act 2006 or”.
p.000407: 49 In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS
p.000407: trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
p.000408: 57 In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of
p.000408: “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
p.000408: Social Security Contributions and Benefits Act 1992 (c. 4)
p.000408: 58 The Social Security Contributions and Benefits Act 1992 is amended as follows.
p.000408: 59 In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
p.000408: 60 In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
p.000408: 61 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
p.000408: 62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
p.000408: Health Service Commissioners Act 1993 (c. 46)
...

p.000442: (2) In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
p.000442: (3) In subsection (2)—
p.000442: (a) after paragraph (c) insert —
p.000442: “(ca) the Scottish Ministers;”,
p.000442: (b) for paragraph (f) substitute—
p.000442: “(f) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;”,
p.000442: (c) for paragraph (ff) substitute—
p.000442: “(fa) Special Health Authorities established under section 28 of the National Health Service Act 2006;
p.000442: (fb) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;”,
p.000442: (d) omit paragraph (h),
p.000442: (e) before paragraph (k) insert—
p.000442: “(ja) the National Health Service Commissioning Board; (jb) clinical commissioning groups established
p.000442: under
p.000442: section 14D of the National Health Service Act 2006;”,
p.000442:
p.000442: Health and Social Care Act 2012 (c. 7)
p.000442: Schedule 21 — Amendments relating to relationships between the health services
p.000443: 443
p.000443: (f) in paragraph (k), for “section 5 of the National Health Service and Community Care Act 1990” substitute
p.000443: “section 18 of the National Health Service (Wales) Act 2006”,
p.000443: (g) omit paragraph (ka),
p.000443: (h) after paragraph (m) insert—
p.000443: “(ma) the Welsh Ministers;”,
p.000443: (i) after paragraph (p) omit the “and,”,
p.000443: (j) after paragraph (q) insert—
p.000443: “(r) the National Institute for Health and Care Excellence; and
p.000443: (s) the Health and Social Care Information Centre,”.
p.000443: (4) After subsection (10) insert—
p.000443: “(11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is
p.000443: a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006.
p.000443: (12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000443: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000443: for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting
p.000443: jointly.
p.000443: (13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is
p.000443: a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443: (14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the
p.000443: substitution for references to the Secretary of State—
p.000443: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000443: Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and
p.000443: (b) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly.
p.000443: (15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special
p.000443: Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and
p.000443: the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443:
p.000444: 444
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444:
p.000444: (16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000444: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000444: for references to the Secretary of State—
p.000444: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000444: references to the Secretary of State and the Scottish Ministers acting jointly;
p.000444: (b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh
p.000444: Ministers and the Scottish Ministers acting jointly; and
p.000444: (c) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000444: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000444: (17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority
...

p.000444: Act 2006;”.
p.000444: (4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to
p.000444: the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
p.000444: 4 In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in
p.000444: paragraph (b) of the definition of “NHS employee”—
p.000444: (a) in sub-paragraph (ii) omit “a Primary Care Trust or”,
p.000444: (b) in sub-paragraph (iii)—
p.000444: (i) after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
p.000444: (c) omit the words from “and in this paragraph” to the end.
p.000444:
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444: National Health Service Act 2006 (c. 41)
p.000444: 5 The National Health Service Act 2006 is amended as follows.
p.000444: 6 In section 9 (NHS contracts), in subsection (4)—
p.000444: (a) after paragraph (f) insert—
p.000445: 445
p.000445: “(fa) a Special Health Board constituted under that section,”, and
p.000445: (b) after paragraph (n) insert—
p.000445: “(na) the Scottish Ministers,
p.000445: (nb) Healthcare Improvement Scotland,”.
p.000445: 7 After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
p.000445: “10A Provision for bodies in Scotland
p.000445: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000445: (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed
p.000445: arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978.
p.000445: (2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State of references to the Secretary of State and
p.000445: the Scottish Ministers acting jointly.
p.000445: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a
p.000445: party or prospective party to an arrangement or proposed arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
p.000445: (4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State—
p.000445: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000445: references to the Secretary of State and the Scottish Ministers acting jointly; and
p.000445: (b) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000445: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000445: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000445: is established under the
p.000445:
p.000446: 446
p.000446: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000446:
p.000446: National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
...

p.000446: (2) Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Strategic Health Authorities.
p.000446: (3) Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Primary Care Trusts.
p.000446: 11 In section 78 (directed partnership arrangements), in subsection (3)—
p.000446: (a) in paragraph (c) after “NHS trusts” insert “established under section 25”, and
p.000446: (b) omit paragraph (d).
p.000446: National Health Service (Wales) Act 2006 (c. 42)
p.000446: 12 The National Health Service (Wales) Act 2006 is amended as follows.
p.000446:
p.000446: Health and Social Care Act 2012 (c. 7)
p.000446: Schedule 21 — Amendments relating to relationships between the health services
p.000446: 13 In section 7 (NHS contracts), in subsection (4)—
p.000446: (a) omit paragraph (a),
p.000446: (b) omit paragraph (b),
p.000446: (c) before paragraph (c) insert—
p.000447: 447
p.000447: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,”,
p.000447: (d) after paragraph (f) insert—
p.000447: “(fa) a Special Health Board constituted under that section,”,
p.000447: (e) omit paragraph (j), and
p.000447: (f) after paragraph (n) insert—
p.000447: “(na) the Scottish Ministers,
p.000447: (nb) Healthcare Improvement Scotland,”.
p.000447: 14 After section 8 insert—
p.000447: “8A Provision for bodies in Scotland
p.000447: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000447: (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed
p.000447: arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978.
p.000447: (2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement with the substitution for references to the Welsh Ministers—
p.000447: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000447: Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and
p.000447: (b) for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly.
p.000447: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a
p.000447: party or prospective party to an arrangement or proposed arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006.
p.000447: (4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000447: with the substitution for references to the Welsh Ministers—
p.000447: (a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references
p.000447: to the Welsh Ministers and the Scottish Ministers acting jointly, and
p.000447: (b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh
p.000447: Ministers and
p.000447:
p.000448: 448
p.000448: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000448:
p.000448: the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
p.000448: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000448: is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue
p.000448: of—
...

Political / vulnerable

Searching for indicator vulnerable:

(return to top)
p.000188: is subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a person who is an independent provider in Wales (within the meaning of
p.000188: the Public Services Ombudsman (Wales) Act 2005);
p.000188: “Welsh health body” means—
p.000188: (a) a Local Health Board,
p.000188: (b) an NHS trust managing a hospital or other establishment or facility in Wales,
p.000188:
p.000188: Health and Social Care Act 2012 (c. 7)
p.000188: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000189: 189
p.000189:
p.000189: (c) a Special Health Authority not discharging functions only or mainly in England,
p.000189: (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
p.000189: (e) a family health service provider in Wales (within the meaning of that Act), or
p.000189: (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and
p.000189: Standards) Act 2003.”
p.000189: (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the
p.000189: provision of independent advocacy arrangements).
p.000189: (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for
p.000189: “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public
p.000189: Involvement in Health Act 2007”.
p.000189: (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection
p.000189: (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the
p.000189: Local Government and Public Involvement in Health Act 2007”.
p.000189:
p.000189: 186 Requests, rights of entry and referrals
p.000189: (1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to
p.000189: respond to requests for information etc.) is amended as follows.
p.000189: (2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local
p.000189: Healthwatch organisation or a Local Healthwatch contractor”.
p.000189: (3) For subsection (3) substitute—
p.000189: “(3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is
p.000189: done by that organisation—
p.000189: (a) in the carrying-on, under arrangements made under section 221(1), of activities specified in section
p.000189: 221(2), or
p.000189: (b) in compliance with a requirement imposed by virtue of section 223(2)(i).
p.000189: (3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is
p.000189: done by that contractor in the carrying- on, under Local Healthwatch arrangements, of activities specified in
p.000189: section 221(2).”
p.000189: (4) After subsection (4) insert— “(5) In this section—
p.000189: “Local Healthwatch arrangements” has the meaning given by section 222;
p.000189: “Local Healthwatch contractor” has the meaning given by section 223.”
p.000189: (5) In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or
p.000189: contractors”.
p.000189:
p.000190: 190
p.000190: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
...

p.000217: Council, the Care Council for Wales, the Scottish Social Services Council or the Northern Ireland Social Care
p.000217: Council;”.
p.000217: (6) For the title to the Order substitute “Health and Social Work Professions Order 2001”.
p.000217: (7) In the following provisions, for “the Health Professions Order 2001” substitute “the Health and Social Work
p.000217: Professions Order 2001”—
p.000217: (a) section 18(e) of the London County Council (General Powers) Act 1920;
p.000217: (b) section 58(1A)(a) of the Medicines Act 1968;
p.000217: (c) section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
p.000217: (d) section 3(11) of the Video Recordings Act 1984;
p.000217: (e) paragraph (E) in the third column of the entry for the London County Council (General Powers) Act 1920 in
p.000217: Schedule 2 to the Greater London Council (General Powers) Act 1984;
p.000217: (f) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local
p.000217: Authorities Act 1991;
p.000217: (g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
p.000217: (h) section 69(1)(h) of the Data Protection Act 1998;
p.000217: (i) section 60(2)(c) of the Health Act 1999;
p.000217: (j) section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
p.000217: (k) section 126(4)(a) of the National Health Service Act 2006;
p.000217: (l) section 80(4)(a) of the National Health Service (Wales) Act 2006;
p.000217:
p.000218: 218
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218:
p.000218: (m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
p.000218: (8) In the definition of “registered psychologist” in each of the following provisions, for “the
p.000218: Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
p.000218: (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;
p.000218: (b) section 207(6) of the Criminal Justice Act 2003;
p.000218: (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
p.000218: (d) section 25 of the Gender Recognition Act 2004.
p.000218:
p.000218: 214 The Health and Care Professions Council
p.000218: (1) The body corporate known as the Health Professions Council—
p.000218: (a) is to continue to exist, and
p.000218: (b) is to change its name to the Health and Care Professions Council.
p.000218: (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
p.000218: 254) (the Council and its Committees), for sub-paragraph (1) substitute—
p.000218: “(1) The Health and Care Professions Council is referred to in this Order as “the Council”.”
p.000218: (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
...

p.000359:
p.000360: 360
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360:
p.000360: (a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National
p.000360: Health Service Act 2006;
p.000360: (b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.”
p.000360: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000360: 139 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
p.000360: (a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a),
p.000360: 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating
p.000360: to Primary Care Trusts), and
p.000360: (b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e)
p.000360: (which make amendments relating to Strategic Health Authorities).
p.000360: NHS Redress Act 2006 (c. 44)
p.000360: 140 The NHS Redress Act 2006 is amended as follows.
p.000360: 141 In section 1, in subsection (3)—
p.000360: (a) after paragraph (a) insert—
p.000360: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group,”,
p.000360: (b) omit paragraph (b),
p.000360: (c) omit paragraph (c), and
p.000360: (d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
p.000360: 142 In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic
p.000360: Health Authority”.
p.000360: Safeguarding Vulnerable Groups Act 2006 (c. 47)
p.000360: 143 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
p.000360: 144 In section 6 (regulated activity providers)—
p.000360: (a) omit subsection (8D), and
p.000360: (b) before subsection (9) insert—
p.000360: “(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make
p.000360: arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical
p.000360: commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health
p.000360: Service Act 2006 (direct payments for health services).”
p.000360: 145 In section 17 (NHS employment) in subsection (3)—
p.000360: (a) before paragraph (a) insert—
p.000360: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000360: (b) omit paragraph (b), and
p.000360:
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360: (c) omit paragraph (f).
p.000361: 361
p.000361: 146 In section 22 (controlled activity relating to vulnerable adults), in subsection
p.000361: (6) in the definition of “hospital services” omit paragraph (d).
p.000361: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000361: 147 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in
p.000361: subsection (7) in the definition of “relevant NHS body”—
p.000361: (a) before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board;”, and
p.000361: (b) in paragraph (a)—
p.000361: (i) at the beginning insert “a clinical commissioning group,”
p.000361: (ii) omit “a Strategic Health Authority,”, and
p.000361: (iii) omit “Primary Care Trust,”.
p.000361: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
...

p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
p.000419: (5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to
p.000419: “Welsh Ministers, on”.
p.000419: (6) In paragraph 8 (matters outside the scope of regulations)—
p.000419: (a) in sub-paragraph (1), omit “the General Social Care Council or”,
p.000419: (b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
p.000419: (c) in that sub-paragraph, for “that Council” substitute “the Council”.
p.000419: (7) Omit paragraph 9 (preliminary procedure for making regulations: England).
p.000419: (8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.
p.000419: Amendments to other Acts
p.000419: 50 In the following provisions, omit the entry for the General Social Care Council—
p.000419: (a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000419: (b) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000419: (c) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000419: (d) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000419: (e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000419: 51 In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for
p.000419: professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
p.000419: 52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in
p.000419: entry number 8 in the table in subsection (7)—
p.000419: (a) in the first column, after “social care workers” insert “in Wales”, and
p.000419: (b) in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
p.000419: PART 2
p.000419: THE HEALTH AND CARE PROFESSIONS COUNCIL
p.000419: 53 (1) A reference in any instrument or document to the Health Professions Council is to be read, in
p.000419: relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions
p.000419: Council.
p.000419: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and
p.000419: Care Professions Council is to be read, in relation to any time before the commencement of section
p.000419: 214(1), as a reference to the Health Professions Council.
p.000419: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000419: (a) an Act of Parliament,
p.000419: (b) an Act of the Scottish Parliament,
p.000419: (c) an Act or Measure of the National Assembly for Wales, or
p.000419: (d) Northern Ireland legislation.
p.000419:
p.000420: 420
p.000420: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 2 — The Health
p.000420: and Care Professions Council
p.000420: 54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000420: insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate
p.000420: place insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 56 In the following provisions, for “the Health Professions Council” substitute “the Health and Care
p.000420: Professions Council”—
p.000420: (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
p.000420: (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
p.000420: (c) section 4(4)(a) of the Health (Wales) Act 2003,
p.000420: (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
p.000420: (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
p.000420: (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
p.000420: 57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for
p.000420: paragraph (a) substitute—
p.000420: “(a) the Health and Care Professions Council;”.
p.000420: 58 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
p.000420: “(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that
p.000420: body in so far as it has functions relating to the social work profession in England or social care workers in England
p.000420: (each of those expressions having the same meaning as in section 60 of the Health Act 1999).”
p.000420: PART 3
p.000420: THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE
p.000420: General
p.000420: 59 (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be
p.000420: read, in relation to any time after the commencement of section 222(1), as a reference to the
p.000420: Professional Standards Authority for Health and Social Care.
p.000420: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional
p.000420: Standards Authority for Health and Social Care is to be read, in relation to any time before the
p.000420: commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
p.000420: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000420: (a) an Act of Parliament,
p.000420: (b) an Act of the Scottish Parliament,
p.000420:
p.000420: Health and Social Care Act 2012 (c. 7)
p.000420: Schedule 15 — Part 7: consequential amendments and savings
p.000420: Part 3 — The Professional Standards Authority for Health and Social Care
p.000420: (c) an Act or Measure of the National Assembly for Wales, or
...

Health / Cognitive Impairment

Searching for indicator impairment:

(return to top)
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
p.000011: 12 Health and Social
p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
p.000011: (vii) in that paragraph for “execute” substitute “the execution of”,
p.000011: (c) in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
p.000011: (d) in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
p.000011: (12) In paragraph 12 (provision of a microbiological service)—
p.000011: (a) in sub-paragraph (1)—
p.000011: (i) omit paragraph (a) and the word “and” immediately following it,
p.000011: (ii) in paragraph (b) omit “other”, and
...

Health / Drug Dependence

Searching for indicator dependence:

(return to top)
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
...

p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
p.000240: section to give NICE a direction to prepare a quality standard in relation to the same matter or connected
p.000240: matters.
p.000240: (9) In such a case—
...

p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
...

p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
...

Health / Drug Usage

Searching for indicator substance:

(return to top)
p.000087: information or training, as it considers appropriate in connection with the functions mentioned in paragraphs
p.000087: (a) to (g).
p.000087: (2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or
p.000087: conducive to, the exercise of any of its functions under this section.
p.000087: (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate
p.000087: authority under this section (whether or not in relation to the United Kingdom).
p.000087: (4) The appropriate authority must co-operate with the person in the exercise of those functions.
p.000087: (5) The person must co-operate with the appropriate authority in the exercise of the authority’s functions under
p.000087: this section.
p.000087: (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
...

p.000241: the Secretary of State or (as the case may be) the Board.
p.000241: (2) “Quality matter”—
p.000241: (a) in relation to the Secretary of State, means any matter in relation to which the Secretary of State
p.000241: has the power to direct NICE to prepare a quality standard, and
p.000241: (b) in relation to the Board, means any matter in relation to which the Board has the power to direct
p.000241: NICE to prepare a quality standard.
p.000241:
p.000242: 242
p.000242: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000242:
p.000242: Functions: advice, guidance etc.
p.000242:
p.000242: 237 Advice, guidance, information and recommendations
p.000242: (1) Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of
p.000242: information or making of recommendations about any matter concerning or connected with the provision of—
p.000242: (a) NHS services,
p.000242: (b) public health services, or
p.000242: (c) social care in England.
p.000242: (2) The regulations may provide that a function conferred under subsection (1)(a)—
p.000242: (a) is only exercisable on the direction of the Secretary of State or the Board;
p.000242: (b) is subject to directions given by the Secretary of State or (as the case may be) the Board about NICE’s exercise
p.000242: of the function.
p.000242: (3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—
p.000242: (a) is only exercisable on the direction of the Secretary of State;
p.000242: (b) is subject to directions given by the Secretary of State about NICE’s exercise of the function.
p.000242: (4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance
p.000242: of advice, guidance or recommendations of NICE.
p.000242: (5) The regulations may make provision about—
p.000242: (a) the persons who may request or require that advice, guidance, information or recommendations
p.000242: be given, provided or (as the case may be) made by NICE,
p.000242: (b) the publication or other dissemination of the advice, guidance, information or recommendations
p.000242: (whether by NICE, the Secretary of State or the Board), and
p.000242: (c) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision
p.000242: of information or making of recommendations.
p.000242: (6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE
p.000242: considers to be the appropriate commercial basis.
p.000242: (7) The regulations must make provision about—
p.000242: (a) the establishment by NICE of procedures for the giving of advice or guidance, provision of information or
p.000242: making of recommendations under the regulations, and
p.000242: (b) consultation by NICE in establishing the procedures.
p.000242: (8) The regulations may make provision requiring specified health or social care bodies, or health or social care
p.000242: bodies of a specified description, to—
p.000242: (a) have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE
p.000242: pursuant to the regulations;
p.000242: (b) comply with specified recommendations, or recommendations of a specified description, made by NICE
p.000242: pursuant to the regulations.
p.000242:
p.000242: Health and Social Care Act 2012 (c. 7)
p.000242: Part 8 — The National Institute for Health and Care Excellence
p.000243: 243
p.000243:
...

Health / Mentally Disabled

Searching for indicator disabled:

(return to top)
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
p.000011: (ii) for “a local authority” substitute “the local authority”.
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
p.000011: 12 Health and Social
p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
...

p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
p.000338: (ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
p.000338: (iii) omit “Primary Care Trust,” (in each place where it occurs),
p.000338: (iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (b) in subsection (4)—
p.000338: (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of
p.000338: functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
...

p.000341: (c) omit the definition of “Primary Care Trust”, and
p.000341: (d) omit the definition of “Strategic Health Authority”.
p.000341: (2) In consequence of the repeals made by sub-paragraph (1)—
p.000341: (a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act
p.000341: 2002, and
p.000341: (b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.
p.000341: Public Health (Control of Disease) Act 1984 (c. 22)
p.000341: 32 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain
p.000341: diseases), in subsection (4)(a)—
p.000341: (a) omit “Strategic Health Authorities,”, and
p.000341: (b) omit “, Primary Care Trusts”.
p.000341: Dentists Act 1984 (c. 24)
p.000341: 33 The Dentists Act 1984 is amended as follows.
p.000341: 34 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
p.000341: 35 In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
p.000341: 36 In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
p.000341: (a) omit “under section 92 of the National Health Service Act 2006 or”,
p.000341: (b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
p.000341: (c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
p.000341: (d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
p.000341: 37 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
p.000341: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000341: 38 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
p.000341: 39 In section 2 (rights of authorised representatives of disabled persons)—
p.000341: (a) in subsection (5) in paragraph (a)—
p.000341: (i) after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements
p.000341: made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000341: Service Act 2006 or”,
p.000341: (ii) for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or
p.000341: 2B”, and
p.000341: (iii) omit “by a Primary Care Trust established under that Act,”,
p.000341: (b) in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision
p.000341: of services,”, and
p.000341:
p.000342: 342
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342:
p.000342: (c) in subsection (9) in the definition of “health authority”, in paragraph (a)—
p.000342: (i) after “means” insert “the National Health Service Commissioning Board, a clinical
p.000342: commissioning group or”,
p.000342: (ii) omit “a Strategic Health Authority,”, and
p.000342: (iii) omit “or a Primary Care Trust”.
p.000342: 40 In section 7 (persons discharged from hospital), in subsection (9)—
p.000342: (a) in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a
p.000342: clinical commissioning group”, and
p.000342: (b) in the definition of “the managers”—
p.000342: (i) in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS
p.000342: foundation trust”,
...

p.000406: insurance requirement), omit “section 25 of the National Health Service Act 2006,”.
p.000406:
p.000406: Health and Social Care Act 2012 (c. 7)
p.000406: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000406: Local Government Act 1972 (c. 70)
p.000407: 407
p.000407: 45 In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal
p.000407: of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.
p.000407: House of Commons Disqualification Act 1975 (c. 24)
p.000407: 46 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000407: membership of the House), in the entry for National Health Service trusts omit “the National Health Service Act
p.000407: 2006 or”.
p.000407: Acquisition of Land Act 1981 (c. 67)
p.000407: 47 The Acquisition of Land Act 1981 is amended as follows.
p.000407: 48 In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase), omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: 49 In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS
p.000407: trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
...

Searching for indicator mentally:

(return to top)
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
...

Searching for indicator disability:

(return to top)
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
...

p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
...

p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
...

p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
...

Health / Motherhood/Family

Searching for indicator family:

(return to top)
p.000188: section.
p.000188: (9) A direction under subsection (8) may be varied or revoked.
p.000188: (10) In this section—
p.000188: “the health service” has the same meaning as in the National Health Service Act 2006;
p.000188: “health service body” means—
p.000188: (a) in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is
p.000188: subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales)
p.000188: Act 2005);
p.000188: “independent provider” means—
p.000188: (a) in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993,
p.000188: is subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a person who is an independent provider in Wales (within the meaning of
p.000188: the Public Services Ombudsman (Wales) Act 2005);
p.000188: “Welsh health body” means—
p.000188: (a) a Local Health Board,
p.000188: (b) an NHS trust managing a hospital or other establishment or facility in Wales,
p.000188:
p.000188: Health and Social Care Act 2012 (c. 7)
p.000188: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000189: 189
p.000189:
p.000189: (c) a Special Health Authority not discharging functions only or mainly in England,
p.000189: (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
p.000189: (e) a family health service provider in Wales (within the meaning of that Act), or
p.000189: (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and
p.000189: Standards) Act 2003.”
p.000189: (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the
p.000189: provision of independent advocacy arrangements).
p.000189: (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for
p.000189: “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public
p.000189: Involvement in Health Act 2007”.
p.000189: (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection
p.000189: (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the
p.000189: Local Government and Public Involvement in Health Act 2007”.
p.000189:
p.000189: 186 Requests, rights of entry and referrals
p.000189: (1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to
p.000189: respond to requests for information etc.) is amended as follows.
p.000189: (2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local
p.000189: Healthwatch organisation or a Local Healthwatch contractor”.
p.000189: (3) For subsection (3) substitute—
p.000189: “(3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is
p.000189: done by that organisation—
...

p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
...

Health / Physically Disabled

Searching for indicator illness:

(return to top)
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002:
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: For section 1 of the National Health Service Act 2006 (Secretary of State’s duty
p.000002:
p.000002: 2
p.000002:
p.000002: to promote health service) substitute—
p.000002: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000002: “1 Secretary of State’s duty to promote comprehensive health service
p.000002: (1) The Secretary of State must continue the promotion in England of a comprehensive health service
p.000002: designed to secure improvement—
p.000002: (a) in the physical and mental health of the people of England, and
p.000002: (b) in the prevention, diagnosis and treatment of physical and mental illness.
p.000002: (2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as
p.000002: to secure that services are provided in accordance with this Act.
p.000002: (3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service
p.000002: in England.
p.000002: (4) The services provided as part of the health service in England must be free of charge except in so far as the
p.000002: making and recovery of charges is expressly provided for by or under any enactment, whenever passed.”
p.000002:
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: After section 1 of the National Health Service Act 2006 insert—
p.000002: “1A Duty as to improvement in quality of services
p.000002: (1) The Secretary of State must exercise the functions of the Secretary of State in relation to the health service
p.000002: with a view to securing continuous improvement in the quality of services provided to individuals for or in connection
p.000002: with—
p.000002: (a) the prevention, diagnosis or treatment of illness, or
p.000002: (b) the protection or improvement of public health.
p.000002: (2) In discharging the duty under subsection (1) the Secretary of State must, in particular, act
p.000002: with a view to securing continuous improvement in the outcomes that are achieved from the provision of the
p.000002: services.
p.000002: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000002: (a) the effectiveness of the services,
p.000002: (b) the safety of the services, and
p.000002: (c) the quality of the experience undergone by patients.
p.000002: (4) In discharging the duty under subsection (1), the Secretary of State must have regard to the
p.000002: quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.”
p.000002:
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: After section 1A of the National Health Service Act 2006 insert—
p.000002: “1B Duty as to the NHS Constitution
p.000002: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS
p.000002: Constitution.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000003: 3
p.000003: Part 1 — The health service in England
p.000003:
p.000003: (2) In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see
p.000003: section 1 of that Act).”
p.000003:
p.000003: 4 The Secretary of State’s duty as to reducing inequalities
p.000003: After section 1B of the National Health Service Act 2006 insert—
p.000003: “1C Duty as to reducing inequalities
p.000003: In exercising functions in relation to the health service, the Secretary of State must have regard to the need to
...

p.000005: Chapter A2 of Part 2.
p.000005: (2) Each clinical commissioning group has the function of arranging for the provision of services for the purposes
p.000005: of the health service in England in accordance with this Act.”
p.000005:
p.000005: 6 Health and Social
p.000005: Care Act 2012 (c. 7)
p.000005: Part 1 — The health service in England
p.000005:
p.000005: Arrangements for provision of health services
p.000005:
p.000005: 11 The Secretary of State’s duty as to protection of public health
p.000005: After section 2 of the National Health Service Act 2006 insert—
p.000005:
p.000005: “Provision for protection or improvement of public health
p.000005: 2A Secretary of State’s duty as to protection of public health
p.000005: (1) The Secretary of State must take such steps as the Secretary of State considers appropriate for the
p.000005: purpose of protecting the public in England from disease or other dangers to health.
p.000005: (2) The steps that may be taken under subsection (1) include—
p.000005: (a) the conduct of research or such other steps as the Secretary of State considers appropriate for advancing
p.000005: knowledge and understanding;
p.000005: (b) providing microbiological or other technical services (whether in laboratories or otherwise);
p.000005: (c) providing vaccination, immunisation or screening services;
p.000005: (d) providing other services or facilities for the prevention, diagnosis or treatment of illness;
p.000005: (e) providing training;
p.000005: (f) providing information and advice;
p.000005: (g) making available the services of any person or any facilities.
p.000005: (3) Subsection (4) applies in relation to any function under this section which relates to—
p.000005: (a) the protection of the public from ionising or non-ionising radiation, and
p.000005: (b) a matter in respect of which the Health and Safety Executive has a function.
p.000005: (4) In exercising the function, the Secretary of State must—
p.000005: (a) consult the Health and Safety Executive, and
p.000005: (b) have regard to its policies.”
p.000005:
p.000005: 12 Duties as to improvement of public health
p.000005: After section 2A of the National Health Service Act 2006 insert—
p.000005: “2B Functions of local authorities and Secretary of State as to improvement of public health
p.000005: (1) Each local authority must take such steps as it considers appropriate for improving the health of the people in
p.000005: its area.
p.000005: (2) The Secretary of State may take such steps as the Secretary of State considers appropriate for
p.000005: improving the health of the people of England.
p.000005: (3) The steps that may be taken under subsection (1) or (2) include—
p.000005: (a) providing information and advice;
p.000005:
p.000005: Health and Social Care Act 2012 (c. 7)
p.000007: 7
p.000007: Part 1 — The health service in England
p.000007:
p.000007: (b) providing services or facilities designed to promote healthy living (whether by helping individuals
p.000007: to address behaviour that is detrimental to health or in any other way);
p.000007: (c) providing services or facilities for the prevention, diagnosis or treatment of illness;
p.000007: (d) providing financial incentives to encourage individuals to adopt healthier lifestyles;
p.000007: (e) providing assistance (including financial assistance) to help individuals to minimise any risks to health
p.000007: arising from their accommodation or environment;
p.000007: (f) providing or participating in the provision of training for persons working or seeking to work in
p.000007: the field of health improvement;
p.000007: (g) making available the services of any person or any facilities.
p.000007: (4) The steps that may be taken under subsection (1) also include providing grants or loans
p.000007: (on such terms as the local authority considers appropriate).
p.000007: (5) In this section, “local authority” means—
p.000007: (a) a county council in England;
p.000007: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000007: council;
p.000007: (c) a London borough council;
p.000007: (d) the Council of the Isles of Scilly;
p.000007: (e) the Common Council of the City of London.”
p.000007:
p.000007: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000007: (1) Section 3 of the National Health Service Act 2006 is amended as follows.
p.000007: (2) In subsection (1)—
p.000007: (a) for the words from the beginning to “reasonable requirements” substitute “A clinical
p.000007: commissioning group must arrange for the provision of the following to such extent as it considers necessary to
p.000007: meet the reasonable requirements of the persons for whom it has responsibility”, and
...

p.000007: duty to arrange for its provision.”
p.000007: (4) After subsection (1E) insert—
p.000007: “(1F) In exercising its functions under this section and section 3A, a clinical commissioning group must act
p.000007: consistently with—
p.000007: (a) the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a
p.000007: comprehensive health service), and
p.000007: (b) the objectives and requirements for the time being specified in the mandate published under section 13A.”
p.000007: (5) Omit subsections (2) and (3).
p.000007: (6) For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning
p.000007: certain health services”.
p.000007: (7) For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health
p.000007: services”.
p.000007: (8) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before
p.000007: paragraph (za) insert—
p.000007: “(zza) regulations under section 3(1D),”.
p.000007:
p.000007: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000007: After section 3 of the National Health Service Act 2006 insert—
p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
...

p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
p.000011: (vii) in that paragraph for “execute” substitute “the execution of”,
p.000011: (c) in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
p.000011: (d) in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
p.000011: (12) In paragraph 12 (provision of a microbiological service)—
p.000011: (a) in sub-paragraph (1)—
p.000011: (i) omit paragraph (a) and the word “and” immediately following it,
p.000011: (ii) in paragraph (b) omit “other”, and
p.000011: (iii) in that paragraph for “that service” substitute “a microbiological service
p.000011: provided under section 2A”, and
p.000011: (b) omit sub-paragraph (2).
p.000011: (13) For paragraph 13 and the cross-heading preceding it substitute—
p.000011: “Powers in relation to research etc.
p.000011: 13 (1) The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the
p.000011: conduct of research into—
p.000011: (a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and
p.000011: (b) any such other matters connected with any service provided under this Act as the Secretary of State, the
p.000011: Board or the clinical commissioning group (as the case may be) considers appropriate.
p.000011: (2) A local authority may conduct, commission or assist the conduct of research for any purpose connected with the
p.000011: exercise of its functions in relation to the health service.
p.000011: (3) The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose
p.000011: connected with the exercise of its functions in relation to the health service—
p.000011: (a) obtain and analyse data or other information;
p.000011: (b) obtain advice from persons with appropriate professional expertise.
p.000011: (4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to
p.000011: do so by providing financial assistance or making the services of any person or other resources available.
p.000011:
p.000011: Health and Social Care Act 2012 (c. 7)
p.000013: 13
p.000013: Part 1 — The health service in England
p.000013:
p.000013: (5) In this paragraph, “local authority” has the same meaning as in section 2B.”
p.000013:
p.000013: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000013: (1) After section 6B of the National Health Service Act 2006 insert—
p.000013:
p.000013: “Regulations as to the exercise of functions
p.000013: 6C Regulations as to the exercise by local authorities of certain public health functions
...

p.000017: (c) the Secretary of State considers that there are exceptional circumstances that make the revision
p.000017: necessary.
p.000017: (4) Revisions to the mandate which consist of adding, omitting or modifying requirements have
p.000017: effect only if regulations so provide.
p.000017: (5) If the Secretary of State revises the mandate, the Secretary of State must—
p.000017: (a) publish the mandate (as so revised), and
p.000017: (b) lay it before Parliament, together with an explanation of the reasons for making the revision.
p.000017:
p.000017: General duties of the Board
p.000017: 13C Duty to promote NHS Constitution
p.000017: (1) The Board must, in the exercise of its functions—
p.000017:
p.000017: Health and Social Care Act 2012 (c. 7)
p.000019: 19
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
p.000019: (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
p.000019: (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health
p.000019: Act 2009 (see section 3(7) of that Act).
p.000019: 13D Duty as to effectiveness, efficiency etc.
p.000019: The Board must exercise its functions effectively, efficiently and economically.
p.000019: 13E Duty as to improvement in quality of services
p.000019: (1) The Board must exercise its functions with a view to securing continuous improvement in
p.000019: the quality of services provided to individuals for or in connection with—
p.000019: (a) the prevention, diagnosis or treatment of illness, or
p.000019: (b) the protection or improvement of public health.
p.000019: (2) In discharging its duty under subsection (1), the Board must, in particular, act with a view to
p.000019: securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000019: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000019: (a) the effectiveness of the services,
p.000019: (b) the safety of the services, and
p.000019: (c) the quality of the experience undergone by patients.
p.000019: (4) In discharging its duty under subsection (1), the Board must have regard to—
p.000019: (a) any document published by the Secretary of State for the purposes of this section, and
p.000019: (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
p.000019: 13F Duty as to promoting autonomy
p.000019: (1) In exercising its functions, the Board must have regard to the desirability of securing,
p.000019: so far as consistent with the interests of the health service—
p.000019: (a) that any other person exercising functions in relation to the health service or providing services for
p.000019: its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate,
p.000019: and
p.000019: (b) that unnecessary burdens are not imposed on any such person.
p.000019: (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters
p.000019: mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board
p.000019: must give priority to those duties.
p.000019: 13G Duty as to reducing inequalities
p.000019: The Board must, in the exercise of its functions, have regard to the need to—
p.000019:
p.000019: 20 Health and Social
p.000019: Care Act 2012 (c. 7)
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000019: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000019: provision of health services.
p.000019: 13H Duty to promote involvement of each patient
p.000019: The Board must, in the exercise of its functions, promote the involvement of patients, and their
p.000019: carers and representatives (if any), in decisions which relate to—
p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
...

p.000037: (7) For the purposes of this section, the commissioning functions of a clinical commissioning group
p.000037: are the functions of the group in arranging for the provision of services as part of the health service.”
p.000037: (2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
p.000037:
p.000037: 26 Clinical commissioning groups: general duties etc.
p.000037: After section 14O of the National Health Service Act 2006 insert—
p.000037:
p.000037: “General duties of clinical commissioning groups
p.000037: 14P Duty to promote NHS Constitution
p.000037: (1) Each clinical commissioning group must, in the exercise of its functions—
p.000037: (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
p.000037: (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
p.000037: (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health
p.000037: Act 2009 (see section 3(7) of that Act).
p.000037:
p.000037: Health and Social Care Act 2012 (c. 7)
p.000039: 39
p.000039: Part 1 — The health service in England
p.000039: 14Q Duty as to effectiveness, efficiency etc.
p.000039: Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
p.000039: 14R Duty as to improvement in quality of services
p.000039: (1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement
p.000039: in the quality of services provided to individuals for or in connection with the prevention, diagnosis or
p.000039: treatment of illness.
p.000039: (2) In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with
p.000039: a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000039: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000039: (a) the effectiveness of the services,
p.000039: (b) the safety of the services, and
p.000039: (c) the quality of the experience undergone by patients.
p.000039: (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance
p.000039: published under section 14Z8.
p.000039: 14S Duty in relation to quality of primary medical services
p.000039: Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as
p.000039: relating to securing continuous improvement in the quality of primary medical services.
p.000039: 14T Duties as to reducing inequalities
p.000039: Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
p.000039: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000039: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000039: provision of health services.
p.000039: 14U Duty to promote involvement of each patient
p.000039: (1) Each clinical commissioning group must, in the exercise of its functions, promote the
p.000039: involvement of patients, and their carers and representatives (if any), in decisions which relate to—
p.000039: (a) the prevention or diagnosis of illness in the patients, or
p.000039: (b) their care or treatment.
p.000039: (2) The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this
p.000039: section.
p.000039: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000039: (2).
p.000039:
p.000040: 40
p.000040:
p.000040: 14V Duty as to patient choice
p.000040: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000040: Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling
p.000040: patients to make choices with respect to aspects of health services provided to them.
p.000040: 14W Duty to obtain appropriate advice
p.000040: (1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge
p.000040: its functions from persons who (taken together) have a broad range of professional expertise in—
p.000040: (a) the prevention, diagnosis or treatment of illness, and
p.000040: (b) the protection or improvement of public health.
p.000040: (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under
p.000040: subsection (1).
p.000040: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000040: (2).
p.000040: 14X Duty to promote innovation
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote innovation in
p.000040: the provision of health services (including innovation in the arrangements made for their provision).
p.000040: 14Y Duty in respect of research
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote—
p.000040: (a) research on matters relevant to the health service, and
p.000040: (b) the use in the health service of evidence obtained from research.
p.000040: 14Z Duty as to promoting education and training
p.000040: Each clinical commissioning group must, in exercising its functions, have regard to the need to promote
p.000040: education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the
p.000040: discharge of the duty under that section.
p.000040: 14Z1 Duty as to promoting integration
p.000040: (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
...

p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
p.000089: (5) In the exercise of any function under this section which relates to a matter in respect of which a Health
p.000089: and Safety body has a function, the appropriate authority must—
p.000089: (a) consult the body, and
p.000089: (b) have regard to the body’s policies.
p.000089: (6) Each of the following is a Health and Safety body—
p.000089: (a) the Health and Safety Executive;
p.000089: (b) the Health and Safety Executive for Northern Ireland.
p.000089: (7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
p.000089: (8) In this section, “the appropriate authority” means—
p.000089: (a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the
p.000089: meaning of the Scotland Act 1998);
p.000089: (b) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent
...

p.000091: those services.
p.000091: (5) Monitor must exercise its functions with a view to enabling the provision of health care services provided for
p.000091: the purposes of the NHS to be integrated with the provision of health-related services or social care services
p.000091: where it considers that this would—
p.000091: (a) improve the quality of those health care services (including the outcomes that are achieved from their
p.000091: provision) or the efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those health care services,
p.000091: or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those health care services.
p.000091: (6) Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
p.000091: (a) the National Health Service Commissioning Board carries out its duties under section 13N of the National Health
p.000091: Service Act 2006, and
p.000091: (b) clinical commissioning groups carry out their duties under section 14Z1 of that Act.
p.000091: (7) Monitor must secure that people who use health care services, and other members of the public, are
p.000091: involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than
p.000091: decisions it makes about the exercise of its functions in a particular case).
p.000091: (8) Monitor must obtain advice appropriate for enabling it effectively to discharge its functions from persons
p.000091: who (taken together) have a broad range of professional expertise in—
p.000091: (a) the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006),
p.000091: and
p.000091: (b) the protection or improvement of public health.
p.000091: (9) Monitor must exercise its functions in a manner consistent with the performance by the
p.000091: Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of
p.000091: comprehensive health service).
p.000091: (10) Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care
p.000091: services provided for the purposes of the NHS that is provided by persons of a particular description if that
p.000091: description is by reference to—
p.000091: (a) whether the persons in question are in the public or (as the case may be) private sector, or
p.000091:
p.000091: 92 Health and Social
p.000091: Care Act 2012 (c. 7)
p.000091: Part 3 — Regulation of health and adult social care services
p.000091: Chapter 1 — Monitor
p.000091:
p.000091: (b) some other aspect of their status.
p.000091: (11) In this section—
p.000091: “health-related services” means services that may have an effect on people’s health but are not health care
p.000091: services or social care services;
p.000091: “social care services” means services that are provided in pursuance of the social services functions of local
p.000091: authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000091:
p.000091: 63 Secretary of State’s guidance on duty under section 62(9)
p.000091: (1) The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 62(9),
...

p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
...

p.000161: decided.
p.000161: (6) In preparing guidance under this section, the Secretary of State must have regard (among other things) to any
p.000161: generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and
p.000161: the terms on which to make loans to them.
p.000161: (7) Before publishing the guidance, the Secretary of State must consult—
p.000161: (a) the Treasury,
p.000161: (b) the regulator, and
p.000161: (c) such other persons as the Secretary of State considers appropriate.”
p.000161: (7) Omit section 45 of that Act (disposal of protected property).
p.000161: (8) Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
p.000161: (9) For section 50 of that Act (fees) substitute—
p.000161: “50 Fees
p.000161: An NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its
p.000161: exercise of functions under—
p.000161: (a) section 39;
p.000161: (b) section 39A.”
p.000161:
p.000161: Functions
p.000161:
p.000161: 164 Goods and services
p.000161: (1) In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2)
p.000161: substitute—
p.000161: “(1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the
p.000161: health service in England.
p.000161: (2) An NHS foundation trust may provide goods and services for any purposes related to—
p.000161: (a) the provision of services provided to individuals for or in connection with the prevention,
p.000161: diagnosis or treatment of illness, and
p.000161: (b) the promotion and protection of public health.
p.000161: (2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income
p.000161: from the provision of goods and services for the purposes of the health service in England is greater than its total
p.000161: income from the provision of goods and services for any other purposes.”
p.000161: (2) In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: (a) for “The” substitute “An”,
p.000162: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000162: (b) for “subsection (1)” substitute “subsection (2)”, and
p.000162: (c) omit “, subject to any restrictions in the authorisation,”.
p.000162: (3) After that subsection insert—
p.000162: “(3A) Each annual report prepared by an NHS foundation trust must give information on the impact that income
p.000162: received by the trust otherwise than from the provision of goods and services for the purposes of the health service in
p.000162: England has had on the provision by the trust of goods and services for those purposes.
p.000162: (3B) Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include
p.000162: information about—
p.000162: (a) the activities other than the provision of goods and services for the purposes of the health service in
p.000162: England that the trust proposes to carry on, and
p.000162: (b) the income it expects to receive from doing so.
p.000162: (3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an
...

p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
...

p.000248: INFORMATION STANDARDS
p.000248:
p.000248: 250 Powers to publish information standards
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
...

p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
...

p.000327: 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 116 (1) Section 222 (power to raise money) is amended as follows.
p.000327:
p.000328: 328
p.000328: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000328: Part 10 — Property and finance
p.000328:
p.000328: (2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
p.000328: (3) After subsection (3) insert—
p.000328: “(3A) In subsection (3) “appropriate authority” means—
p.000328: (a) in relation to a clinical commissioning group, the Board, and
p.000328: (b) in relation to any other body to which this section applies, the Secretary of State.”
p.000328: (4) In subsection (9), for “section 224 or 226” substitute “section 225”.
p.000328: 117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State”
p.000328: insert “or the Board”.
p.000328: (2) After that section insert—
p.000328: “223A Application of section 223 to clinical commissioning groups
p.000328: (1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
p.000328: (2) But the powers conferred by that section are exercisable by a clinical commissioning group only for
p.000328: the purpose of securing improvement—
p.000328: (a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
p.000328: (b) in the prevention, diagnosis and treatment of illness in such people.”
p.000328: 118 Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
p.000328: 119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is
p.000328: amended as follows.
p.000328: (2) Omit subsection (1).
p.000328: (3) In subsection (3) —
p.000328: (a) omit “Strategic Health Authority or”, and
p.000328: (b) for “subsection (1) or (2)” substitute “subsection (2)”.
p.000328: (4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
p.000328: (5) In subsection (5) omit “Strategic Health Authority or”.
p.000328: (6) In subsection (6) omit “Strategic Health Authority or”.
p.000328: (7) In subsection (7)—
p.000328: (a) in paragraph (a) omit “specified Strategic Health Authority or”,
p.000328: (b) omit paragraph (b)(i) and the word “or” immediately following it, and
p.000328: (c) omit paragraph (c)(i) and the word “or” immediately following it, and
p.000328: (d) in the words following paragraph (c) omit “Strategic Health Authority or”.
p.000328: (8) In the heading to the section, omit “Strategic Health Authorities and”.
p.000328:
p.000328: Health and Social Care Act 2012 (c. 7)
p.000328: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000329: 329
p.000329: 120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is
...

Health / Physically Ill

Searching for indicator sick:

(return to top)
p.000337: Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
p.000338: (ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
p.000338: (iii) omit “Primary Care Trust,” (in each place where it occurs),
p.000338: (iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (b) in subsection (4)—
p.000338: (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of
...

Health / injured

Searching for indicator injured:

(return to top)
p.000354: paragraph 7C,
p.000354:
p.000354: Health and Social Care Act 2012 (c. 7)
p.000354: Schedule 5 — Part 1: amendments of other enactments
p.000355: 355
p.000355: 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000355: (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000355: to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000355: (b) omit paragraph (c).
p.000355: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000355: 118 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000355: 119 In section 71 (reporting to Secretary of State and regulator)—
p.000355: (a) in subsection (2), after “special measures” insert “or request another person to take special measures”, and
p.000355: (b) omit subsections (3) and (4).
p.000355: 120 In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
p.000355: “(d) anything done by the National Health Service Commissioning Board or a clinical
p.000355: commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act
p.000355: 2006.”
p.000355: 121 In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
p.000355: (a) omit paragraph (a),
p.000355: (b) omit paragraph (b), and
p.000355: (c) before paragraph (d) insert—
p.000355: “(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;”.
p.000355: 122 In section 160 (provision of information)—
p.000355: (a) in subsection (1), after paragraph (g) insert—
p.000355: “(h) if the injured person received NHS treatment pursuant to arrangements made by a
p.000355: clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the
p.000355: clinical commissioning group.”, and
p.000355: (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or”
p.000355: preceding it.’.
p.000355: 123 In section 165 (power to apply provisions about recovery of charges to non- NHS hospitals), in subsection
p.000355: (3)(b)—
p.000355: (a) omit sub-paragraph (i), and
p.000355: (b) before sub-paragraph (ii) insert—
p.000355: “(ia) the National Health Service Commissioning Board,
p.000355: (ib) a clinical commissioning group,”.
p.000355:
p.000356: 356
p.000356:
p.000356: Criminal Justice Act 2003 (c. 44)
p.000356: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000356: 124 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
...

p.000410: heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Licensing Act 2003 (c. 17)
p.000410: 88 In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in
p.000410: the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006
p.000410: or”.
p.000410: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000410: 89 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000410: 90 In section 148 (interpretation of Part 2)—
p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
p.000410: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
...

Health / patients in emergency situations

Searching for indicator emergencies:

(return to top)
p.000002: 25 Clinical commissioning groups: establishment etc.
p.000002: 26 Clinical commissioning groups: general duties etc.
p.000002: 27 Financial arrangements for clinical commissioning groups
p.000002: 28 Requirement for primary medical services provider to belong to clinical commissioning group
p.000002:
p.000002: Further provision about local authorities’ role in the health service
p.000002: 29 Other health service functions of local authorities under the 2006 Act
p.000002: 30 Appointment of directors of public health
p.000002: 31 Exercise of public health functions of local authorities
p.000002: 32 Complaints about exercise of public health functions by local authorities
p.000002:
p.000002: Abolition of Strategic Health Authorities and Primary Care Trusts
p.000002: 33 Abolition of Strategic Health Authorities
p.000002: 34 Abolition of Primary Care Trusts
p.000002:
p.000002: Functions relating to fluoridation of water
p.000002: 35 Fluoridation of water supplies
p.000002: 36 Procedural requirements in connection with fluoridation of water supplies
p.000002: 37 Fluoridation of water supplies: transitional provision
p.000002:
p.000002: Functions relating to mental health matters
p.000002: 38 Approval functions
p.000002: 39 Discharge of patients
p.000002: 40 After-care
p.000002: 41 Provision of pocket money for in-patients
p.000002: 42 Transfers to and from special hospitals
p.000002: 43 Independent mental health advocates
p.000002: 44 Patients’ correspondence
p.000002: 45 Notification of hospitals having arrangements for special cases
p.000002:
p.000002: Emergency powers
p.000002: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000002: 47 Secretary of State’s emergency powers
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: iii
p.000002:
p.000002:
p.000002: Miscellaneous
p.000002: 48 New Special Health Authorities
p.000002: 49 Primary care services: directions as to exercise of functions
p.000002: 50 Charges in respect of certain public health functions
p.000002: 51 Pharmaceutical services expenditure
p.000002: 52 Secretary of State’s duty to keep health service functions under review
p.000002: 53 Secretary of State’s annual report
p.000002: 54 Certification of death
p.000002: 55 Amendments related to Part 1 and transitional provision
p.000002: PART 2
p.000002: FURTHER PROVISION ABOUT PUBLIC HEALTH
p.000002: 56 Abolition of Health Protection Agency
p.000002: 57 Functions in relation to biological substances
p.000002: 58 Radiation protection functions
p.000002: 59 Repeal of AIDS (Control) Act 1987
p.000002: 60 Co-operation with bodies exercising functions in relation to public health
p.000002: PART 3
p.000002: REGULATION OF HEALTH AND ADULT SOCIAL CARE SERVICES
p.000002: CHAPTER 1
p.000002: MONITOR
p.000002: 61 Monitor
p.000002: 62 General duties
p.000002: 63 Secretary of State’s guidance on duty under section 62(9)
p.000002: 64 General duties: supplementary
p.000002: 65 Power to give Monitor functions relating to adult social care services
p.000002: 66 Matters to have regard to in exercise of functions
p.000002: 67 Conflicts between functions
p.000002: 68 Duty to review regulatory burdens
p.000002: 69 Duty to carry out impact assessments
p.000002: 70 Information
p.000002: 71 Failure to perform functions
p.000002: CHAPTER 2
p.000002: COMPETITION
...

p.000057: (c) after subsection (2) insert—
p.000057: “(3) In this section, “local authority” has the same meaning as in section 2B.”
p.000057: (3) In section 249 (joint working with the prison service) after subsection (4)
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
...

p.000079:
p.000079: “Section 130A
p.000079: Making arrangements to enable independent mental health advocates to be available to help qualifying
p.000079: patients”.
p.000079:
p.000079: 44 Patients’ correspondence
p.000079: (1) In section 134 of the Mental Health Act 1983 (patients’ correspondence), in subsection (1)—
p.000079: (a) before “the approved clinician” insert “or”, and
p.000079: (b) omit “or the Secretary of State”.
p.000079: (2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State
p.000079: under section 134(1) of that Act and having effect immediately before the commencement of this section.
p.000079:
p.000079: 45 Notification of hospitals having arrangements for special cases
p.000079: (1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
p.000079: (a) after “the duty of” insert “every clinical commissioning group and of”,
p.000079: (b) omit “every Primary Care Trust and of”,
p.000079: (c) after “the area of the” insert “clinical commissioning group or”,
p.000079: (d) omit “Primary Care Trust or” in the first place it appears,
p.000079: (e) after “available to the” insert “clinical commissioning group or”, and
p.000079: (f) omit “Primary Care Trust or” in the second place it appears.
p.000079: (2) In consequence of the repeals made by this section, in the National Health Service Reform and
p.000079: Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
p.000079:
p.000079: Emergency powers
p.000079:
p.000079: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role
p.000079: of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
p.000079: “252A Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: (1) The Board and each clinical commissioning group must take appropriate steps for securing that it
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079:
p.000079: 80 Health and Social
p.000079: Care Act 2012 (c. 7)
p.000079: Part 1 — The health service in England
p.000079:
p.000079: (2) The Board must take such steps as it considers appropriate for securing that each clinical commissioning
p.000079: group is properly prepared for dealing with a relevant emergency.
p.000079: (3) The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical
p.000079: commissioning group with its duty under subsection (1).
p.000079: (4) The Board must take such steps as it considers appropriate for securing that each relevant service provider
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079: (5) The steps taken by the Board under subsection (4) must include monitoring compliance by the service
p.000079: provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is
p.000079: properly prepared for dealing with a relevant emergency.
p.000079: (6) The Board may take such steps as it considers appropriate for facilitating a co-ordinated
p.000079: response to an emergency by the clinical commissioning groups and relevant service providers for which it is a
...

p.000360: Health Authority”.
p.000360: Safeguarding Vulnerable Groups Act 2006 (c. 47)
p.000360: 143 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
p.000360: 144 In section 6 (regulated activity providers)—
p.000360: (a) omit subsection (8D), and
p.000360: (b) before subsection (9) insert—
p.000360: “(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make
p.000360: arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical
p.000360: commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health
p.000360: Service Act 2006 (direct payments for health services).”
p.000360: 145 In section 17 (NHS employment) in subsection (3)—
p.000360: (a) before paragraph (a) insert—
p.000360: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000360: (b) omit paragraph (b), and
p.000360:
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360: (c) omit paragraph (f).
p.000361: 361
p.000361: 146 In section 22 (controlled activity relating to vulnerable adults), in subsection
p.000361: (6) in the definition of “hospital services” omit paragraph (d).
p.000361: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000361: 147 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in
p.000361: subsection (7) in the definition of “relevant NHS body”—
p.000361: (a) before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board;”, and
p.000361: (b) in paragraph (a)—
p.000361: (i) at the beginning insert “a clinical commissioning group,”
p.000361: (ii) omit “a Strategic Health Authority,”, and
p.000361: (iii) omit “Primary Care Trust,”.
p.000361: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000361: (c) in that subsection, omit paragraph (c), and
p.000361: (d) in the title, for “services-providers” substitute “responsible persons”.
p.000361: 151 In section 225 (duties of services-providers to allow entry by local involvement
p.000361: networks), in subsection (7), omit paragraph (c).
...

p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
p.000373: (b) omit sub-paragraph (iv) and the “, or” preceding it.
p.000373: Scottish Public Services Ombudsman Act 2002 (asp 11)
p.000373: 13 The Scottish Public Services Ombudsman Act 2002 is amended as follows.
p.000373: 14 In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
p.000373:
p.000374: 374
p.000374: Health and Social Care Act 2012 (c. 7) Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000374: 15 In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
p.000374: Civil Contingencies Act 2004 (c. 36)
p.000374: 16 In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph
p.000374: 9 substitute—
p.000374: “9 The Secretary of State, in so far as the functions of the Secretary of State include responding to
p.000374: emergencies by virtue of —
p.000374: (a) the Secretary of State’s functions under section 2A of the National Health Service Act 2006,
p.000374: (b) the Secretary of State’s functions under section 58 of the Health and Social Care Act 2012 in so far as it
p.000374: applies in relation to Wales or Scotland, or
p.000374: (c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State
p.000374: exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other
p.000374: dangers to health.”
p.000374: National Health Service Act 2006 (c. 41)
p.000374: 17 The National Health Service Act 2006 is amended as follows.
p.000374: 18 In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 19 In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
p.000374: (a) in subsection (2) omit paragraph (g), and
p.000374: (b) in subsection (5) for “, (f) and (g)” substitute “and (f)”.
p.000374: National Health Service (Wales) Act 2006 (c. 42)
p.000374: 20 The National Health Service (Wales) Act 2006 is amended as follows.
p.000374: 21 In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 22 In section 30 (schemes for meeting losses and liabilities of certain health bodies), in
p.000374: subsection (2)—
p.000374: (a) after paragraph (b) insert “and”, and
p.000374: (b) omit paragraph (e) and the preceding “and”.
p.000374: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000374: 23 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential
p.000374: amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).
p.000374: Health and Social Care Act 2008 (c. 14)
...

p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
p.000412: 106 In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
p.000412: Criminal Justice and Immigration Act 2008 (c. 4)
p.000412: 107 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or
p.000412: disturbance on NHS premises), in the definition of “relevant English NHS body”—
p.000412: (a) omit paragraph (a), and
p.000412: (b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or”
p.000412: preceding that paragraph).
p.000412: Health and Social Care Act 2008 (c. 14)
p.000412: 108 The Health and Social Care Act 2008 is amended as follows.
p.000412: 109 In section 97(1) (general interpretation of Part 1)—
p.000412: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000412: (b) in the definition of “English NHS provider” omit paragraph (b).
p.000412: 110 In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial
p.000412: assistance), omit paragraph (c).
...

Social / Access to Social Goods

Searching for indicator access:

(return to top)
p.000019: (b) the safety of the services, and
p.000019: (c) the quality of the experience undergone by patients.
p.000019: (4) In discharging its duty under subsection (1), the Board must have regard to—
p.000019: (a) any document published by the Secretary of State for the purposes of this section, and
p.000019: (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
p.000019: 13F Duty as to promoting autonomy
p.000019: (1) In exercising its functions, the Board must have regard to the desirability of securing,
p.000019: so far as consistent with the interests of the health service—
p.000019: (a) that any other person exercising functions in relation to the health service or providing services for
p.000019: its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate,
p.000019: and
p.000019: (b) that unnecessary burdens are not imposed on any such person.
p.000019: (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters
p.000019: mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board
p.000019: must give priority to those duties.
p.000019: 13G Duty as to reducing inequalities
p.000019: The Board must, in the exercise of its functions, have regard to the need to—
p.000019:
p.000019: 20 Health and Social
p.000019: Care Act 2012 (c. 7)
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000019: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000019: provision of health services.
p.000019: 13H Duty to promote involvement of each patient
p.000019: The Board must, in the exercise of its functions, promote the involvement of patients, and their
p.000019: carers and representatives (if any), in decisions which relate to—
p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
p.000021: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (2) The Board must exercise its functions with a view to securing that the provision of health services is
p.000021: integrated with the provision of health- related services or social care services where it considers that
p.000021: this would—
p.000021: (a) improve the quality of the health services (including the outcomes that are achieved
p.000021: from the provision of those services),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in
p.000021: pursuance of regulations under section 75 where it considers that this would secure—
p.000021: (a) that health services are provided in an integrated way and that this would have any of the effects
p.000021: mentioned in subsection (1)(a) to (c), or
p.000021: (b) that the provision of health services is integrated with the provision of health-related services or
p.000021: social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).
p.000021: (4) In this section—
p.000021: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000021: services or social care services;
p.000021: “social care services” means services that are provided in pursuance of the social services
p.000021: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000021: 13O Duty to have regard to impact on services in certain areas
p.000021: (1) In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the
p.000021: provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with
p.000021: England.
p.000021: (2) In this section, “commissioning decisions”, in relation to the Board, means decisions about the
p.000021: carrying out of its functions in arranging for the provision of health services.
p.000021:
...

p.000037: groups under paragraph 8 of Schedule 1A;
p.000037: (b) make such other provision about the procedure of governing bodies or their audit or remuneration
p.000037: committees as the Secretary of State considers appropriate, including provision about the frequency of
p.000037: meetings.
p.000037: (6) In this section—
p.000037: “health care professional” means an individual who is a member of a profession regulated by a body mentioned in section
p.000037: 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
p.000037: “lay person” means an individual who is not—
p.000037: (a) a member of the clinical commissioning group,
p.000037: (b) a health care professional, or
p.000037: (c) an individual of a prescribed description.
p.000037:
p.000037: Conflicts of interest
p.000037: 14O Registers of interests and management of conflicts of interest
p.000037: (1) Each clinical commissioning group must maintain one or more registers of the interests of—
p.000037: (a) the members of the group,
p.000037:
p.000037: 38 Health and Social
p.000037: Care Act 2012 (c. 7)
p.000037: Part 1 — The health service in England
p.000037:
p.000037: (b) the members of its governing body,
p.000037: (c) the members of its committees or sub-committees or of committees or sub-committees of its
p.000037: governing body, and
p.000037: (d) its employees.
p.000037: (2) Each clinical commissioning group must publish the registers maintained under subsection (1) or
p.000037: make arrangements to ensure that members of the public have access to the registers on request.
p.000037: (3) Each clinical commissioning group must make arrangements to ensure—
p.000037: (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the
p.000037: person has in relation to a decision to be made in the exercise of the commissioning functions of the group,
p.000037: (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or
p.000037: potential conflict and, in any event, within 28 days, and
p.000037: (c) that any such declaration is included in the registers maintained under subsection (1).
p.000037: (4) Each clinical commissioning group must make arrangements for managing conflicts and potential
p.000037: conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the
p.000037: group’s decision-making processes.
p.000037: (5) The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this
p.000037: section.
p.000037: (6) Each clinical commissioning group must have regard to guidance published under subsection (5).
p.000037: (7) For the purposes of this section, the commissioning functions of a clinical commissioning group
p.000037: are the functions of the group in arranging for the provision of services as part of the health service.”
p.000037: (2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
p.000037:
p.000037: 26 Clinical commissioning groups: general duties etc.
p.000037: After section 14O of the National Health Service Act 2006 insert—
p.000037:
p.000037: “General duties of clinical commissioning groups
p.000037: 14P Duty to promote NHS Constitution
...

p.000039: 14Q Duty as to effectiveness, efficiency etc.
p.000039: Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
p.000039: 14R Duty as to improvement in quality of services
p.000039: (1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement
p.000039: in the quality of services provided to individuals for or in connection with the prevention, diagnosis or
p.000039: treatment of illness.
p.000039: (2) In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with
p.000039: a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000039: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000039: (a) the effectiveness of the services,
p.000039: (b) the safety of the services, and
p.000039: (c) the quality of the experience undergone by patients.
p.000039: (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance
p.000039: published under section 14Z8.
p.000039: 14S Duty in relation to quality of primary medical services
p.000039: Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as
p.000039: relating to securing continuous improvement in the quality of primary medical services.
p.000039: 14T Duties as to reducing inequalities
p.000039: Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
p.000039: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000039: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000039: provision of health services.
p.000039: 14U Duty to promote involvement of each patient
p.000039: (1) Each clinical commissioning group must, in the exercise of its functions, promote the
p.000039: involvement of patients, and their carers and representatives (if any), in decisions which relate to—
p.000039: (a) the prevention or diagnosis of illness in the patients, or
p.000039: (b) their care or treatment.
p.000039: (2) The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this
p.000039: section.
p.000039: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000039: (2).
p.000039:
p.000040: 40
p.000040:
p.000040: 14V Duty as to patient choice
p.000040: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000040: Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling
p.000040: patients to make choices with respect to aspects of health services provided to them.
p.000040: 14W Duty to obtain appropriate advice
p.000040: (1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge
p.000040: its functions from persons who (taken together) have a broad range of professional expertise in—
p.000040: (a) the prevention, diagnosis or treatment of illness, and
p.000040: (b) the protection or improvement of public health.
p.000040: (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under
p.000040: subsection (1).
p.000040: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000040: (2).
p.000040: 14X Duty to promote innovation
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote innovation in
p.000040: the provision of health services (including innovation in the arrangements made for their provision).
p.000040: 14Y Duty in respect of research
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote—
p.000040: (a) research on matters relevant to the health service, and
p.000040: (b) the use in the health service of evidence obtained from research.
p.000040: 14Z Duty as to promoting education and training
p.000040: Each clinical commissioning group must, in exercising its functions, have regard to the need to promote
p.000040: education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the
p.000040: discharge of the duty under that section.
p.000040: 14Z1 Duty as to promoting integration
p.000040: (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000040: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000040: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000040: provision of those services.
p.000040: (2) Each clinical commissioning group must exercise its functions with a view to securing that the provision of
p.000040: health services is integrated with the provision of health-related services or social care services where it considers
p.000040: that this would—
p.000040:
p.000040: Health and Social Care Act 2012 (c. 7)
p.000041: 41
p.000041: Part 1 — The health service in England
p.000041:
p.000041: (a) improve the quality of the health services (including the outcomes that are achieved
p.000041: from the provision of those services),
p.000041: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000041: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000041: provision of those services.
p.000041: (3) In this section—
p.000041: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000041: services or social care services;
p.000041: “social care services” means services that are provided in pursuance of the social services
p.000041: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000041:
p.000041: Public involvement
p.000041: 14Z2 Public involvement and consultation by clinical commissioning groups
p.000041: (1) This section applies in relation to any health services which are, or are to be, provided pursuant to
p.000041: arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning
p.000041: arrangements”).
p.000041: (2) The clinical commissioning group must make arrangements to secure that individuals to whom the services are
p.000041: being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
p.000041: (a) in the planning of the commissioning arrangements by the group,
p.000041: (b) in the development and consideration of proposals by the group for changes in the commissioning
p.000041: arrangements where the implementation of the proposals would have an impact on the manner in which the
p.000041: services are delivered to the individuals or the range of health services available to them, and
p.000041: (c) in decisions of the group affecting the operation of the commissioning arrangements where the
...

p.000055: (3) For that purpose, the Board may also take into account either or both of the following factors—
p.000055: (a) relevant inequalities identified during that year;
p.000055: (b) any reduction in relevant inequalities identified during that year (in comparison to relevant
p.000055: inequalities identified during previous financial years).
p.000055: (4) Regulations may make provision as to the principles or other matters that the Board must or may take into
p.000055: account in assessing any factor mentioned in subsection (2) or (3).
p.000055: (5) Regulations may provide that, in prescribed circumstances, the Board may, if it considers it appropriate to do
p.000055: so—
p.000055: (a) not make a payment that would otherwise be made to a clinical commissioning group under subsection (1), or
p.000055: (b) reduce the amount of such a payment.
p.000055: (6) Regulations may make provision as to how payments under subsection
p.000055: (1) may be spent (which may include provision as to circumstances in which the whole or part of any such payments may
p.000055: be distributed to members of the clinical commissioning group).
p.000055: (7) A clinical commissioning group must publish an explanation of how the group has spent any payment made to it
p.000055: under subsection (1).
p.000055: (8) In this section—
p.000055: “relevant services” means services provided in pursuance of arrangements made by the clinical commissioning
p.000055: group—
p.000055: (a) under section 3 or 3A or Schedule 1, or
p.000055: (b) by virtue of section 7A;
p.000055: “relevant inequalities” means inequalities between the persons for whose benefit relevant services are at any time
p.000055: provided with respect to—
p.000055: (a) their ability to access the services, or
p.000055: (b) the outcomes achieved for them by their provision.”
p.000055:
p.000055: 28 Requirement for primary medical services provider to belong to clinical commissioning group
p.000055: (1) In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms),
p.000055: after subsection (1) insert—
p.000055: “(1A) Regulations under subsection (1) may, in particular, make provision—
p.000055:
p.000055: Health and Social Care Act 2012 (c. 7)
p.000057: 57
p.000057: Part 1 — The health service in England
p.000057:
p.000057: (a) for requiring a contractor who provides services of a prescribed description (a “relevant contractor”) to be a
p.000057: member of a clinical commissioning group;
p.000057: (b) as to arrangements for securing that a relevant contractor appoints one individual to act on its
p.000057: behalf in the dealings between it and the clinical commissioning group to which it belongs;
p.000057: (c) for imposing requirements with respect to those dealings on the individual appointed for the purposes of
p.000057: paragraph (b);
p.000057: (d) for requiring a relevant contractor, in doing anything pursuant to the contract, to act with a view to
p.000057: enabling the clinical commissioning group to which it belongs to discharge its functions (including its
p.000057: obligation to act in accordance with its constitution).
p.000057: (1B) Provision by virtue of subsection (1A)(a) may, in particular, describe services by reference to the manner or
p.000057: circumstances in which they are performed.
p.000057: (1C) In the case of a contract entered into by two or more individuals practising in partnership—
p.000057: (a) regulations making provision under subsection (1A)(a) may make provision for requiring each partner
...

p.000090: CHAPTER 1
p.000090: MONITOR
p.000090:
p.000090: 61 Monitor
p.000090: (1) The body corporate known as the Independent Regulator of NHS Foundation Trusts—
p.000090: (a) is to continue to exist, and
p.000090: (b) is to be known as Monitor.
p.000090: (2) Schedule 8 (which makes further provision about Monitor) has effect.
p.000090:
p.000090: 62 General duties
p.000090: (1) The main duty of Monitor in exercising its functions is to protect and promote the interests of people who use
p.000090: health care services by promoting provision of health care services which—
p.000090: (a) is economic, efficient and effective, and
p.000090: (b) maintains or improves the quality of the services.
p.000090: (2) In carrying out its main duty, Monitor must have regard to the likely future demand for health care services.
p.000090:
p.000090: Health and Social Care Act 2012 (c. 7)
p.000091: 91
p.000091: Part 3 — Regulation of health and adult social care services
p.000091: Chapter 1 — Monitor
p.000091:
p.000091: (3) Monitor must exercise its functions with a view to preventing anti-competitive behaviour in the provision of
p.000091: health care services for the purposes of the NHS which is against the interests of people who use such services.
p.000091: (4) Monitor must exercise its functions with a view to enabling health care services provided for the purposes of
p.000091: the NHS to be provided in an integrated way where it considers that this would—
p.000091: (a) improve the quality of those services (including the outcomes that are achieved from their provision) or the
p.000091: efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those services.
p.000091: (5) Monitor must exercise its functions with a view to enabling the provision of health care services provided for
p.000091: the purposes of the NHS to be integrated with the provision of health-related services or social care services
p.000091: where it considers that this would—
p.000091: (a) improve the quality of those health care services (including the outcomes that are achieved from their
p.000091: provision) or the efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those health care services,
p.000091: or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those health care services.
p.000091: (6) Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
p.000091: (a) the National Health Service Commissioning Board carries out its duties under section 13N of the National Health
p.000091: Service Act 2006, and
p.000091: (b) clinical commissioning groups carry out their duties under section 14Z1 of that Act.
p.000091: (7) Monitor must secure that people who use health care services, and other members of the public, are
p.000091: involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than
p.000091: decisions it makes about the exercise of its functions in a particular case).
p.000091: (8) Monitor must obtain advice appropriate for enabling it effectively to discharge its functions from persons
p.000091: who (taken together) have a broad range of professional expertise in—
p.000091: (a) the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006),
p.000091: and
p.000091: (b) the protection or improvement of public health.
p.000091: (9) Monitor must exercise its functions in a manner consistent with the performance by the
p.000091: Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of
p.000091: comprehensive health service).
p.000091: (10) Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care
...

p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
p.000093: (g) the need for high standards in the education and training of health care professionals who provide health care
p.000093: services for the purposes of the NHS, and
p.000093: (h) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service
p.000093: Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that
p.000093: document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions.
p.000093: (3) Where the Secretary of State publishes guidance referred to in subsection (2)(h), the Secretary of
p.000093: State must lay a copy of the published guidance before Parliament.
p.000093:
p.000093: 94 Health and Social
p.000093: Care Act 2012 (c. 7)
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: (4) The Secretary of State—
p.000093: (a) may revise the guidance, and
p.000093: (b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
p.000093:
p.000093: 67 Conflicts between functions
...

p.000110: referred to in subsection (3);
p.000110: (f) for the purpose of enabling the provision of health care services provided for the purposes of
p.000110: the NHS to be integrated with the provision of health-related services or social care services where
p.000110: Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
p.000110: (g) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS
p.000110: where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
p.000110: (h) for purposes connected with the governance of persons providing health care services for the purposes of
p.000110: the NHS;
p.000110: (i) for purposes connected with Monitor’s functions in relation to the register of NHS foundation
p.000110: trusts required to be maintained under section 39 of the National Health Service Act 2006;
p.000110: (j) for purposes connected with the operation of the licensing regime established by this Chapter;
p.000110: (k) for such purposes as may be prescribed for the purpose of enabling Monitor to discharge its duties
p.000110: under section 62.
p.000110: (3) The objectives referred to in subsection (2)(e), (f) and (g) are—
p.000110:
p.000110: Health and Social Care Act 2012 (c. 7)
p.000110: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000111: 111
p.000111:
p.000111: (a) improving the quality of health care services provided for the purposes of the NHS (including the outcomes
p.000111: that are achieved from their provision) or the efficiency of their provision,
p.000111: (b) reducing inequalities between persons with respect to their ability to access those services, and
p.000111: (c) reducing inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000111: those services.
p.000111: (4) Monitor must not exercise a function to which this section applies in a way which it considers would result
p.000111: in a particular licence holder or holders of licences of a particular description being put at an
p.000111: unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes
p.000111: of the NHS as a result of—
p.000111: (a) being in the public or (as the case may be) private sector, or
p.000111: (b) some other aspect of its or their status.
p.000111: (5) In subsection (2)(f), “health-related services” and “social care services” each have the meaning given
p.000111: in section 62(11).
p.000111:
p.000111: 97 Conditions: supplementary
p.000111: (1) The standard or special conditions of a licence under this Chapter may, in particular, include
p.000111: conditions—
p.000111: (a) requiring the licence holder to pay to Monitor such fees of such amounts as Monitor may determine
p.000111: in respect of the exercise by Monitor of its functions under this Chapter,
p.000111: (b) requiring the licence holder to comply with any requirement imposed on it by Monitor under Chapter 6
p.000111: (financial assistance in special administration cases),
p.000111: (c) requiring the licence holder to do, or not to do, specified things or things of a specified
p.000111: description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in
p.000111: order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which
...

p.000111: (i) requiring the licence holder—
p.000111: (i) to do, or not to do, specified things or things of a specified description (or to do, or not to do,
p.000111: any such things in a specified
p.000111:
p.000112: 112
p.000112: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000112: Chapter 3 — Licensing
p.000112:
p.000112: manner) within such period as may be specified in order to ensure the continued provision of one or more of
p.000112: the health care services that the licence holder provides for the purposes of the NHS,
p.000112: (ii) to give Monitor notice (of such period as may be determined by or under the licence) of the licence holder’s
p.000112: intention to cease providing a health care service for the purposes of the NHS, and
p.000112: (iii) if Monitor so directs, to continue providing that service for a period determined by Monitor,
p.000112: (j) about the use or disposal by the licence holder of assets used in the provision of health care services for the
p.000112: purposes of the NHS in order to ensure the continued provision of one or more of the health care services
p.000112: that the licence holder provides for those purposes, and
p.000112: (k) about the making by the licence holder of investment in relation to the provision of health care services for
p.000112: the purposes of the NHS in order to ensure the continued provision of one or more of the health care
p.000112: services that the licence holder provides for those purposes.
p.000112: (2) In subsection (1) “specified” means specified in a condition.
p.000112: (3) Monitor must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide
p.000112: another licence holder with access to facilities of A.
p.000112: (4) A condition under subsection (1)(d)—
p.000112: (a) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to
p.000112: be an NHS trust established under section 25 of the National Health Service Act 2006, and
p.000112: (b) ceases to have effect at the end of the period of five years beginning with the day on which it is included in
p.000112: the licence.
p.000112: (5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference
p.000112: to part of the activities concerned.
p.000112: (6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to
p.000112: the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a
p.000112: business.
p.000112: (7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect,
p.000112: at such times and in such circumstances as may be determined by or under the conditions.
p.000112:
p.000112: 98 Conditions relating to the continuation of the provision of services etc.
p.000112: (1) The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in
p.000112: particular—
p.000112: (a) providing information to the commissioners of services to which the condition applies and to such other persons
p.000112: as Monitor may direct,
p.000112: (b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and
p.000112: anything on them, and
p.000112: (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s
p.000112: affairs, business and property.
...

p.000168: (a) the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust
p.000168: that is subject to an order under section 65D(2), at such level, as the commissioners of those
p.000168: services determine, and
p.000168: (b) that it becomes unnecessary for the order to remain in force for that purpose.
p.000168:
p.000168: Health and Social Care Act 2012 (c. 7)
p.000168: Part 4 — NHS foundation trusts & NHS trusts
p.000169: 169
p.000169:
p.000169: (2) The commissioners may determine that the objective set out in subsection (1) is to apply to a
p.000169: service only if they are satisfied that the criterion in subsection (3) is met.
p.000169: (3) The criterion is that ceasing to provide the service under this Act would, in the absence of
p.000169: alternative arrangements for its provision under this Act, be likely to—
p.000169: (a) have a significant adverse impact on the health of persons in need of the service or significantly increase
p.000169: health inequalities, or
p.000169: (b) cause a failure to prevent or ameliorate either a significant adverse impact on the health of such
p.000169: persons or a significant increase in health inequalities.
p.000169: (4) In determining whether that criterion is met, the commissioners must (in so far as they would not otherwise be
p.000169: required to do so) have regard to—
p.000169: (a) the current and future need for the provision of the service under this Act,
p.000169: (b) whether ceasing to provide the service under this Act would significantly reduce equality between those for
p.000169: whom the commissioner arranges for the provision of services under this Act with respect to their ability to access
p.000169: services so provided, and
p.000169: (c) such other matters as may be specified in relation to NHS foundation trusts in guidance published by
p.000169: the regulator.
p.000169: (5) The regulator may revise guidance under subsection (4)(c) and, if it does so, must publish the
p.000169: guidance as revised.
p.000169: (6) Before publishing guidance under subsection (4)(c) or (5), the regulator must obtain the approval of—
p.000169: (a) the Secretary of State;
p.000169: (b) the Board.
p.000169: (7) The Board must make arrangements for facilitating agreement between commissioners in determining the services
p.000169: provided by the trust under this Act to which the objective set out in subsection (1) is to apply.
p.000169: (8) Where commissioners fail to reach agreement in pursuance of arrangements under subsection
p.000169: (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as
p.000169: applying to the commissioners concerned, is to be regarded as discharged).
p.000169: (9) In this section—
p.000169: “commissioners” means the persons to which the trust provides services under this Act, and
p.000169: “health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the
p.000169: provision of services that are provided as part of the health service.”
p.000169: (2) If, at any time before section 9 comes into force, Monitor obtains the approval of the NHS Commissioning
p.000169: Board Authority to publish guidance under section 65DA(4)(c) or (5) of the National Health Service Act 2006, that
p.000169: approval
p.000169:
p.000170: 170
p.000170: Health and Social Care Act 2012 (c. 7)
p.000170: Part 4 — NHS foundation trusts & NHS trusts
p.000170:
...

p.000182: not include a reference to its functions under section 45A.”
p.000182: (12) After subsection (2) of that section insert—
p.000182: “(2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the
p.000182: contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the
p.000182: year concerned.”
p.000182: (13) In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the
p.000182: Healthwatch England committee”—
p.000182: (a) Part 2 of Schedule 1 to the Public Records Act 1958,
p.000182: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
p.000182: (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
p.000182: (14) The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public
p.000182: Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.
p.000182:
p.000182: Local Healthwatch organisations
p.000182:
p.000182: 182 Activities relating to local care services
p.000182: (1) Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social
p.000182: services) is amended as follows.
p.000182: (2) In subsection (2)—
p.000182: (a) in each of paragraphs (a) to (c), before “people” insert “local”, and
p.000182: (b) omit the “and” preceding paragraph (d).
p.000182: (3) At the end of that paragraph, insert “and to the Healthwatch England committee of the Care Quality
p.000182: Commission.”
p.000182: (4) After that paragraph insert—
p.000182: “(e) providing advice and information about access to local care services and about choices that may be made
p.000182: with respect to aspects of those services;
p.000182: (f) reaching views on the matters mentioned in subsection (3) and making those views known to the
p.000182: Healthwatch England committee of the Care Quality Commission;
p.000182: (g) making recommendations to that committee to advise the Commission about special reviews or investigations
p.000182: to conduct
p.000182:
p.000182: Health and Social Care Act 2012 (c. 7)
p.000182: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000183: 183
p.000183:
p.000183: (or, where the circumstances justify doing so, making such recommendations direct to the Commission);
p.000183: (h) making recommendations to that committee to publish reports under section 45C(3) of the Health and Social
p.000183: Care Act 2008 about particular matters; and
p.000183: (i) giving that committee such assistance as it may require to enable it to carry out its functions
p.000183: effectively, efficiently and economically.”
p.000183: (5) In subsection (3), after “(2)(b)” insert “and (f)”.
p.000183: (6) After that subsection insert—
p.000183: “(3A) A person to whom views are made known or reports or recommendations are made
p.000183: under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports
p.000183: or recommendations.”
p.000183: (7) After subsection (3A) insert—
p.000183: “(3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation
p.000183: to its area is in force at any one time.”
p.000183: (8) In subsection (6), after the definition of “local care services” insert— ““local people”, in relation to a local
...

p.000208: services)”.
p.000208: (3) In section 24A of that Act (report on consultation), in subsection (2), for “Parts 4 to 7” substitute “Parts 4
p.000208: to 6”.
p.000208: (4) In section 242 of that Act (public involvement and consultation), in subsection (1F), after “(1E),” insert “—
p.000208: (a) “health services” does not include pharmaceutical services or local pharmaceutical services, and
p.000208: (b) ”.
p.000208: (5) In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end
p.000208: of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or
p.000208: local pharmaceutical services”.
p.000208:
p.000208: 207 Control of entry on pharmaceutical lists
p.000208: (1) Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is
p.000208: amended as follows.
p.000208: (2) In subsection (2), in paragraph (c)—
p.000208: (a) for “must be granted if” substitute “may be granted only if”, and
p.000208: (b) omit the words from “and may otherwise” to the end.
p.000208: (3) After that subsection insert—
p.000208: “(2ZA) The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in
p.000208: a list prepared for the purposes of provision under subsection (2)(a).”
p.000208: (4) In subsection (2A)—
p.000208: (a) for “its needs statement” substitute “the needs statement for the relevant area”, and
p.000208: (b) for the words from “it is necessary” to the end substitute “to grant the application would—
p.000208: (a) meet a need in that area for the services or some of the services specified in the application, or
p.000208: (b) secure improvements, or better access, to pharmaceutical services in that area.”
p.000208: (5) For subsection (2B) substitute—
p.000208: “(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and
p.000208: Wellbeing Board which includes the
p.000208:
p.000208: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000209: 209
p.000209:
p.000209: premises from which the application states that the applicant will undertake to provide services.”
p.000209: (6) In subsection (2C), for “(2B)” substitute “(2A)”.
p.000209: (7) In subsection (4)(c), omit “or (2B)”.
p.000209: (8) In subsection (6)(g)—
p.000209: (a) after “grounds on which” insert “or circumstances in which”,
p.000209: (b) before “may, or must,” insert “—
p.000209: (i) ”, and
p.000209: (c) at the end insert “,
p.000209: (ii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list”.
p.000209: (9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
p.000209: (10) In section 130(2) of that Act (regulations about appeals from decisions on applications for
p.000209: inclusion in pharmaceutical list)—
p.000209: (a) after “an application” insert “on grounds corresponding to the conditions referred to in section
p.000209: 151(2), (3) or (4) as read with section 153”, and
p.000209: (b) omit “(by way of redetermination)”.
p.000209: (11) In section 136 of that Act (designation of priority neighbourhoods or premises)—
p.000209: (a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
p.000209: (b) after subsection (3) insert—
p.000209: “(4) “Relevant area” has the same meaning as in section 129(2A).”
...

p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
p.000345: 59 In section 47 (assessment of needs for community care services), in subsection (3)—
p.000345: (a) before paragraph (a) insert—
p.000345: “(za) that there may be a need for the provision to that person, pursuant to arrangements made under
p.000345: the National Health Service Act 2006 by such clinical commissioning group as may be determined in
p.000345: accordance with regulations, of any services (including services that may be provided pursuant to such
p.000345: arrangements by virtue of section 7A of that Act),”,
p.000345: (b) in paragraph (a), omit “Primary Care Trust or”,
p.000345: (c) in that paragraph omit “the National Health Service Act 2006 or”,
p.000345: (d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
p.000345: (e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
p.000345: 60 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
p.000345: (a) omit “Strategic Health Authority,”, and
p.000345: (b) omit “Primary Care Trust,”.
p.000345: 61 In section 60 (removal of crown immunities), in subsection (7)—
p.000345: (a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
p.000345:
p.000346: 346
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000346:
p.000346: (b) in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.
p.000346: Access to Health Records Act 1990 (c. 23)
p.000346: 62 The Access to Health Records Act 1990 is amended as follows.
p.000346: 63 In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
p.000346: (a) in paragraph (a)—
p.000346: (i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust or”, and
p.000346: (b) in paragraph (aa)—
p.000346: (i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health
p.000346: Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust, Authority or”.
p.000346: 64 In section 11 (interpretation)—
p.000346: (a) in the definition of “health service body”, in paragraph (a)—
p.000346: (i) omit “Strategic Health Authority,”,
p.000346: (ii) for “, Local” substitute “or Local”, and
p.000346: (iii) omit “or Primary Care Trust”,
p.000346: (b) omit the definition of “Primary Care Trust”, and
p.000346: (c) omit the definition of “Strategic Health Authority”.
p.000346: London Local Authorities Act 1991 (c. xiii)
p.000346: 65 In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment
p.000346: for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National
p.000346: Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service
p.000346: Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006
p.000346: (including by virtue of section 7A of that Act)”.
...

p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
p.000408: 57 In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of
p.000408: “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
p.000408: Social Security Contributions and Benefits Act 1992 (c. 4)
p.000408: 58 The Social Security Contributions and Benefits Act 1992 is amended as follows.
p.000408: 59 In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
p.000408: 60 In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
p.000408: 61 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
p.000408: 62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
p.000408: Health Service Commissioners Act 1993 (c. 46)
p.000408: 63 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the
p.000408: Commissioner), omit paragraph (d).
p.000408: Vehicle Excise and Registration Act 1994 (c. 22)
p.000408: 64 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle
p.000408: excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.
p.000408: Value Added Tax Act 1994 (c. 23)
...

p.000437: immunity or privilege of the Crown.
p.000437: (2) The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000437:
p.000437:
p.000437: SCHEDULE 19 Section 277
p.000437: PART 9: CONSEQUENTIAL AMENDMENTS
p.000437: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000437: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000437: Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
p.000437: “(o) the Health and Social Care Information Centre.”
p.000437: Parliamentary Commissioner Act 1967 (c. 13)
p.000437: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000437: the appropriate place insert—
p.000437: “Health and Social Care Information Centre.”
p.000437: House of Commons Disqualification Act 1975 (c. 24)
p.000437: 3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
p.000438: “(f) the Health and Social Care Information Centre;”.
p.000438: Employment Rights Act 1996 (c. 18)
p.000438: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000438: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted
p.000438: by Schedule 17) insert—
p.000438: “(ad) the Health and Social Care Information Centre,”.
p.000438: (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
p.000438: “(cd) the Health and Social Care Information Centre,”.
p.000438: Data Protection Act 1998 (c. 29)
p.000438: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000438: subsection (3), after paragraph (fb) (inserted by Schedule
p.000438: 17) insert—
p.000438: “(fc) the Health and Social Care Information Centre,”.
p.000438: Freedom of Information Act 2000 (c. 36)
p.000438: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)
p.000438: at the appropriate place insert—
p.000438: “The Health and Social Care Information Centre.”
p.000438: National Health Service Act 2006 (c. 41)
p.000438: 9 (1) The National Health Service Act 2006 is amended as follows.
...

Social / Access to information

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p.000351: Care Standards Act 2000 (c. 14)
p.000351: 95 In section 121 of the Care Standards Act 2000 (interpretation), in subsection
p.000351: (1) in the definition of “National Health Service body”—
p.000351: (a) omit “a Strategic Health Authority,”, and
p.000351: (b) omit “, a Primary Care Trust”.
p.000351: Government Resources and Accounts Act 2000 (c. 20)
p.000351: 96 (1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is
p.000351: amended as follows.
p.000351: (2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.
p.000351: (3) Omit subsection (3).
p.000351: (4) In subsection (4) for “that subsection” substitute “subsection (1)”.
p.000351: Local Government Act 2000 (c. 22)
p.000351: 97 In section 21C of the Local Government Act 2000 (reports and recommendations of
p.000351: overview and scrutiny committees: duties of certain bodies), in subsection (6)—
p.000351: (a) before paragraph (b) insert—
p.000351: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group, or”, and
p.000351:
p.000352: 352
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) omit paragraph (c) and the preceding “or”.
p.000352: Regulation of Investigatory Powers Act 2000 (c. 23)
p.000352: 98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful
p.000352: interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute
p.000352: “section 4(3A)(a) of the National Health Service Act 2006”.
p.000352: Freedom of Information Act 2000 (c. 36)
p.000352: 99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
p.000352: (a) omit paragraph 36A,
p.000352: (b) before paragraph 38 insert—
p.000352: “37A The National Health Service Commissioning Board.
p.000352: 37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000352: (c) omit paragraph 39.
p.000352: International Development Act 2002 (c. 1)
p.000352: 100 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of
p.000352: that Act)—
p.000352: (a) before the entry for a Health Board insert—
p.000352: “the National Health Service Commissioning Board a clinical commissioning group”,
p.000352: (b) omit the entry for a Primary Care Trust, and
p.000352: (c) omit the entry for a Strategic Health Authority.
p.000352: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000352: 101 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
...

p.000372: Health and Safety at Work etc. Act 1974 (c. 37)
p.000372: 4 The Health and Safety at Work etc. Act 1974 is amended as follows.
p.000372: 5 In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in
p.000372: particular,” to the end.
p.000372: 6 In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from
p.000372: “, and, in the case of” to “the Health Protection Agency”.
p.000372: House of Commons Disqualification Act 1975 (c. 24)
p.000372: 7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000372: membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
p.000372: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000372: 8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying
p.000372: for membership of the Assembly), omit the
p.000372:
p.000372: Health and Social Care Act 2012 (c. 7)
p.000372: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000373: 373
p.000373: entry for the chairman and any non-executive member of the Health Protection Agency.
p.000373: Employment Rights Act 1996 (c. 18)
p.000373: 9 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph
p.000373: (dd).
p.000373: Freedom of Information Act 2000 (c. 36)
p.000373: 10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the
p.000373: entry for the Health Protection Agency.
p.000373: International Development Act 2002 (c. 1)
p.000373: 11 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000373: powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
p.000373: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000373: 12 (1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to
p.000373: disclose information to health service bodies) is amended as follows.
p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
...

p.000399: (2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care
p.000399: (Community Health and Standards) 2003 (which inserted the entry in question).
p.000399: House of Commons Disqualification Act 1975 (c. 24)
p.000399: 5 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
p.000399: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000399: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000399: Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399:
p.000400: 400
p.000400: Health and Social Care Act 2012 (c. 7) Schedule 13 — Part 3: minor and consequential amendments
p.000400: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000400: 6 (1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying
p.000400: offices)—
p.000400: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000400: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000400: Foundation Trusts.
p.000400: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health
p.000400: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000400: Freedom of Information Act 2000 (c. 36)
p.000400: 7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices:
p.000400: general)—
p.000400: (a) at the appropriate place insert— “Monitor.”, and
p.000400: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000400: National Health Service Act 2006 (c. 41)
p.000400: 8 The National Health Service Act 2006 is amended as follows.
p.000400: 9 (1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS
p.000400: Foundation Trusts).
p.000400: (2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
p.000400: 10 (1) Omit section 32 (general duty of regulator).
p.000400: (2) Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts
p.000400: in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
p.000400: 11 In section 275(1) (general interpretation), at the appropriate place, insert— ““the regulator” means
p.000400: Monitor,”.
p.000400: 12 In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)”
p.000400: substitute “section 275(1)”.
p.000400: National Health Service (Wales) Act 2006 (c. 42)
p.000400: 13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in
p.000400: reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS
p.000400: Foundation Trusts” substitute “Monitor”.
p.000400: Health and Social Care Act 2008 (c. 14)
p.000400: 14 The Health and Social Care Act 2008 is amended as follows.
p.000400: 15 In section 30(3) (urgent applications for cancellation of registration of service
p.000400:
...

p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
p.000410: Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: 87 In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the
...

p.000418: ““the Council” means the Care Council for Wales.”
p.000418: (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for
p.000418: “the appropriate Council” substitute “the Council”.
p.000418: (4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
p.000419: (5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to
p.000419: “Welsh Ministers, on”.
p.000419: (6) In paragraph 8 (matters outside the scope of regulations)—
p.000419: (a) in sub-paragraph (1), omit “the General Social Care Council or”,
p.000419: (b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
p.000419: (c) in that sub-paragraph, for “that Council” substitute “the Council”.
p.000419: (7) Omit paragraph 9 (preliminary procedure for making regulations: England).
p.000419: (8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.
p.000419: Amendments to other Acts
p.000419: 50 In the following provisions, omit the entry for the General Social Care Council—
p.000419: (a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000419: (b) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000419: (c) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000419: (d) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000419: (e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000419: 51 In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for
p.000419: professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
p.000419: 52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in
p.000419: entry number 8 in the table in subsection (7)—
p.000419: (a) in the first column, after “social care workers” insert “in Wales”, and
p.000419: (b) in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
p.000419: PART 2
p.000419: THE HEALTH AND CARE PROFESSIONS COUNCIL
p.000419: 53 (1) A reference in any instrument or document to the Health Professions Council is to be read, in
p.000419: relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions
p.000419: Council.
p.000419: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and
p.000419: Care Professions Council is to be read, in relation to any time before the commencement of section
p.000419: 214(1), as a reference to the Health Professions Council.
p.000419: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000419: (a) an Act of Parliament,
p.000419: (b) an Act of the Scottish Parliament,
p.000419: (c) an Act or Measure of the National Assembly for Wales, or
p.000419: (d) Northern Ireland legislation.
p.000419:
p.000420: 420
p.000420: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 2 — The Health
p.000420: and Care Professions Council
p.000420: 54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000420: insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate
p.000420: place insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 56 In the following provisions, for “the Health Professions Council” substitute “the Health and Care
p.000420: Professions Council”—
p.000420: (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
p.000420: (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
p.000420: (c) section 4(4)(a) of the Health (Wales) Act 2003,
p.000420: (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
p.000420: (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
p.000420: (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
p.000420: 57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for
p.000420: paragraph (a) substitute—
p.000420: “(a) the Health and Care Professions Council;”.
p.000420: 58 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
p.000420: “(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that
p.000420: body in so far as it has functions relating to the social work profession in England or social care workers in England
p.000420: (each of those expressions having the same meaning as in section 60 of the Health Act 1999).”
p.000420: PART 3
p.000420: THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE
p.000420: General
p.000420: 59 (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be
p.000420: read, in relation to any time after the commencement of section 222(1), as a reference to the
...

p.000421: Other Acts, etc.
p.000421: 67 In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated
p.000421: by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
p.000421:
p.000422: 422
p.000422: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings
p.000422: Part 3 — The Professional Standards Authority for Health and Social Care
p.000422: 68 In each of the following provisions, for “the Council for Healthcare Regulatory
p.000422: Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
p.000422: (a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000422: (b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health
p.000422: Service Act 2006, and
p.000422: (c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health
p.000422: Service (Wales) Act 2006.
p.000422: 69 (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory
p.000422: Excellence”—
p.000422: (a) Schedule 1 to the Public Records Act 1958,
p.000422: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000422: (d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000422: (2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert—
p.000422: “The Professional Standards Authority for Health and Social Care”.
p.000422: (3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a
p.000422: reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification)
p.000422: Order 2006, which has itself been revoked).
p.000422: PART 4
p.000422: THE OFFICE OF THE HEALTH PROFESSIONS ADJUDICATOR
p.000422: Miscellaneous amendments
p.000422: 70 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
p.000422: 71 (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
p.000422: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
p.000422: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
p.000422: (d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order
p.000422: 2007 (S.I. 2007/2951).
p.000422: (2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and
p.000422: Social Care Act 2008 and the preceding “and” in each case.
p.000422: (3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA
p.000422: in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
p.000422:
p.000422: Health and Social Care Act 2012 (c. 7)
p.000422: Schedule 15 — Part 7: consequential amendments and savings Part 4 — The Office of the Health Professions Adjudicator
p.000423: 423
p.000423: (4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy
p.000423: Technicians Order 2007, which has itself been revoked).
p.000423: Amendments to the Health Act 1999 (c. 8)
p.000423: 72 (1) The Health Act 1999 is amended as follows.
p.000423: (2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
p.000423: (3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act
p.000423: 2008.
p.000423: (4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise
p.000423: must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the
p.000423: Health Professions Adjudicator”.
p.000423: (5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit
p.000423: paragraph (a) and the “or” following it.
...

p.000430: (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
p.000430: (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
p.000430: House of Commons Disqualification Act 1975 (c. 24)
p.000430: 4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000430: 5 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Employment Rights Act 1996 (c. 18)
p.000430: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000430: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
p.000430: “(ac) the National Institute for Health and Care Excellence,”.
p.000430: (3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
p.000430: “(cc) the National Institute for Health and Care Excellence,”.
p.000430: Data Protection Act 1998 (c. 29)
p.000430: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000430: subsection (3), after paragraph (fa) insert—
p.000430: “(fb) the National Institute for Health and Care Excellence,”.
p.000430: Freedom of Information Act 2000 (c. 36)
p.000430: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
p.000430:
p.000430: Health and Social Care Act 2012 (c. 7)
p.000430: Schedule 17 — Part 8: consequential amendments
p.000430: bodies and offices: general) at the appropriate place insert— “The National Institute for Health and Care Excellence.”
p.000430: International Development Act 2002 (c. 1)
p.000431: 431
p.000431: 9 In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide
p.000431: international development assistance etc.) after the entry for an NHS foundation trust insert—
p.000431: “The National Institute for Health and Care Excellence.”
p.000431: National Health Service Act 2006 (c. 41)
p.000431: 10 (1) The National Health Service Act 2006 is amended as follows.
p.000431: (2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert— “(ka) NICE,”.
p.000431: (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2),
p.000431: after paragraph (d) insert—
p.000431: “(da) NICE,”.
p.000431: (4) In section 72 (co-operation between NHS bodies)—
p.000431: (a) the existing text becomes subsection (1), and
p.000431: (b) after that subsection insert—
p.000431: “(2) For the purposes of this section, NICE is an NHS body.”
p.000431: (5) In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
p.000431: ““NICE” means the National Institute for Health and Care Excellence;”.
p.000431: National Health Service (Wales) Act 2006 (c. 42)
p.000431: 11 In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after
p.000431: paragraph (k) insert—
p.000431: “(ka) the National Institute for Health and Care Excellence,”.
p.000431: Health and Social Care Act 2008 (c. 14)
p.000431: 12 (1) The Health and Social Care Act 2008 is amended as follows.
...

p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
p.000438: “(f) the Health and Social Care Information Centre;”.
p.000438: Employment Rights Act 1996 (c. 18)
p.000438: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000438: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted
p.000438: by Schedule 17) insert—
p.000438: “(ad) the Health and Social Care Information Centre,”.
p.000438: (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
p.000438: “(cd) the Health and Social Care Information Centre,”.
p.000438: Data Protection Act 1998 (c. 29)
p.000438: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000438: subsection (3), after paragraph (fb) (inserted by Schedule
p.000438: 17) insert—
p.000438: “(fc) the Health and Social Care Information Centre,”.
p.000438: Freedom of Information Act 2000 (c. 36)
p.000438: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)
p.000438: at the appropriate place insert—
p.000438: “The Health and Social Care Information Centre.”
p.000438: National Health Service Act 2006 (c. 41)
p.000438: 9 (1) The National Health Service Act 2006 is amended as follows.
p.000438: (2) In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
p.000438: “(kb) the Health and Social Care Information Centre,”.
p.000438: (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection
p.000438: (2), after paragraph (da) (inserted by Schedule 17) insert—
p.000438: “(db) the Health and Social Care Information Centre,”.
p.000438: (4) In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this
p.000438: Act) insert—
p.000438: “(3) For the purposes of this section, the Health and Social Care Information Centre is an NHS
p.000438: body.”
p.000438: National Health Service (Wales) Act 2006 (c. 42)
p.000438: 10 (1) The National Health Service (Wales) Act 2006 is amended as follows.
p.000438: (2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
p.000438: “(kb) the Health and Social Care Information Centre,”.
p.000438:
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: Health and Social Care Act 2008 (c. 14)
p.000439: 439
p.000439: 11 In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission
p.000439: to require documents and information etc. from certain persons) in subsection (2)—
p.000439: (a) omit the “or” after paragraph (d), and
p.000439: (b) after paragraph (e) insert “, or
p.000439: (f) the Health and Social Care Information Centre.”
p.000439: Health Act 2009 (c. 21)
p.000439: 12 In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in
p.000439: subsection (2) after paragraph (da) (inserted by Schedule
p.000439: 17) insert—
p.000439: “(db) the Health and Social Care Information Centre;”.
p.000439: Equality Act 2010 (c. 15)
p.000439: 13 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at
p.000439: the end of the group of entries for bodies whose functions relate to the health service add—
p.000439: “The Health and Social Care Information Centre.”
p.000439:
p.000439:
p.000439: SCHEDULE 20 Sections 278, 279 and 280
p.000439: PART 10: CONSEQUENTIAL AMENDMENTS AND SAVINGS
p.000439: PART 1
p.000439: THE ALCOHOL EDUCATION AND RESEARCH COUNCIL
p.000439: Consequential amendments
p.000439: 1 Omit the entry for the Alcohol Education and Research Council in each of the following—
p.000439: (a) Schedule 2 to the Parliamentary Commissioner Act 1967, and
p.000439: (b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000439: 2 Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act
p.000439: 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
p.000439: 3 In consequence of the repeal made by section 278(2)—
p.000439: (a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
p.000439: (b) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).
p.000439:
p.000440: 440
p.000440:
p.000440: Savings
p.000440: Health and Social Care Act 2012 (c. 7) Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol
p.000440: Education and Research Council
p.000440: 4 (1) Anything which is in the process of being done by the Alcohol Education and Research Council under an
p.000440: enactment immediately before abolition may be continued by the Secretary of State.
p.000440: (2) Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been
p.000440: done by the Council, be done by the Secretary of State after abolition.
p.000440: (3) The Secretary of State must prepare a report on the activities of the Council during the period that begins with
p.000440: the 1 April before abolition and ends with abolition.
p.000440: (4) In this paragraph—
p.000440: “abolition” means the commencement of section 278(1);
p.000440: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000440: Interpretation Act 1978).
p.000440: PART 2
p.000440: THE APPOINTMENTS COMMISSION
p.000440: Consequential amendments
p.000440: 5 (1) Omit the entry for the Appointments Commission in each of the following—
p.000440: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000440: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000440: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000440: (2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and
p.000440: the cross-heading preceding each of paragraphs 4 and 5).
p.000440: 6 Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—
p.000440: (a) the Medical Act 1983,
p.000440: (b) the Dentists Act 1984,
p.000440: (c) the Opticians Act 1989,
p.000440: (d) the Osteopaths Act 1993, and
p.000440: (e) the Chiropractors Act 1994.
p.000440: 7 In consequence of the repeal made by section 279(2)—
p.000440: (a) in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit
p.000440: paragraphs 284 to 286,
p.000440: (b) in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the
p.000440: preceding cross-heading),
p.000440: (c) in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and
p.000440: (d) in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading).
p.000440:
p.000440: Health and Social Care Act 2012 (c. 7)
p.000440: Schedule 20 — Part 10: consequential amendments and savings Part 2 — The Appointments Commission
p.000440: Savings
p.000441: 441
p.000441: 8 (1) Anything which is in the process of being done by the Appointments Commission under an
p.000441: enactment immediately before abolition may be continued by the Secretary of State.
p.000441: (2) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning
p.000441: of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before
p.000441: abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph.
p.000441: (3) Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of
p.000441: imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose—
p.000441: (a) the duty under sub-paragraph (2) of that paragraph, in so far as it has not been discharged by the Commission,
p.000441: must be discharged by the Secretary of State, and
p.000441: (b) the duty under sub-paragraph (3)(b) of that paragraph must be discharged by the Secretary of State.
p.000441: (4) Subject to that, anything which the Commission is required to do under an enactment before abolition may, in
p.000441: so far as it has not been done by the Commission, be done by the Secretary of State after abolition.
p.000441: (5) In this paragraph—
p.000441: “abolition” means the commencement of section 279(1);
p.000441: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000441: Interpretation Act 1978).
p.000441: PART 3
p.000441: THE NATIONAL INFORMATION GOVERNANCE BOARD FOR HEALTH AND SOCIAL CARE
p.000441: Consequential amendments
p.000441: 9 (1) Omit the entry for the National Information Governance Board for Health and Social Care in each of the
p.000441: following—
p.000441: (a) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000441: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
p.000441: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000441: (2) In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4
p.000441: (and the cross-heading preceding each of those paragraphs).
p.000441: 10 (1) In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in
p.000441: subsection (3), omit paragraph (fa).
p.000441: (2) In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the
p.000441: preceding cross-heading).
p.000441: 11 In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social
p.000441: Care Act 2008.
p.000441:
p.000442: 442
p.000442:
p.000442: Savings
p.000442: Health and Social Care Act 2012 (c. 7) Schedule 20 — Part 10: consequential amendments and savings
p.000442: Part 3 — The National Information Governance Board for Health and Social Care
p.000442: 12 (1) Anything which is in the process of being done by the National Information Governance Board for Health
p.000442: and Social Care under an enactment immediately before abolition may be continued by the Secretary of State.
p.000442: (2) Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to
p.000442: have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose—
p.000442: (a) if abolition is to occur at a time other than immediately after the end of a reporting year within the meaning
p.000442: of that section, the period that begins with the 1 April before abolition and ends with abolition is to be treated as a
p.000442: reporting year for the purposes of that section, and
p.000442: (b) the duty under subsection (1)(a) of that section must be discharged by the Secretary of State.
...

Social / Age

Searching for indicator age:

(return to top)
p.000091: (3) “Health care” means all forms of health care provided for individuals, whether relating to physical or mental
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
...

p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
...

p.000248: CHAPTER 1
p.000248: INFORMATION STANDARDS
p.000248:
p.000248: 250 Powers to publish information standards
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
...

p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
...

p.000274: 297 Relationships between the health services
p.000274: Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom)
p.000274: has effect.
p.000274:
p.000274: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000274: (1) The National Health Service Commissioning Board or a clinical commissioning group may provide advice or
p.000274: assistance to any public authority in the Isle of Man or Channel Islands.
p.000274: (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to
p.000274: payment, as the Board or (as the case may be) the clinical commissioning group considers appropriate.
p.000274:
p.000274: Supervised community treatment under the Mental Health Act 1983
p.000274:
p.000274: 299 Certificate of consent of community patients to treatment
p.000274: (1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as
p.000274: follows.
p.000274: (2) In section 64C (treatment of adult community patients), after subsection (4) insert—
p.000274: “(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also
p.000274: met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the
p.000274: patient has capacity to consent to the treatment and has consented to it.
p.000274: (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type
p.000274: treatment.”
p.000274:
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: (3) In section 64E (treatment of child community patients), in subsection (7)—
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
p.000275: above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment
p.000275: withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of
p.000275: treatment.
p.000275: (2) Subsection (3) below applies where—
...

Social / Child

Searching for indicator child:

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p.000274: (1) The National Health Service Commissioning Board or a clinical commissioning group may provide advice or
p.000274: assistance to any public authority in the Isle of Man or Channel Islands.
p.000274: (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to
p.000274: payment, as the Board or (as the case may be) the clinical commissioning group considers appropriate.
p.000274:
p.000274: Supervised community treatment under the Mental Health Act 1983
p.000274:
p.000274: 299 Certificate of consent of community patients to treatment
p.000274: (1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as
p.000274: follows.
p.000274: (2) In section 64C (treatment of adult community patients), after subsection (4) insert—
p.000274: “(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also
p.000274: met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the
p.000274: patient has capacity to consent to the treatment and has consented to it.
p.000274: (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type
p.000274: treatment.”
p.000274:
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: (3) In section 64E (treatment of child community patients), in subsection (7)—
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
p.000275: above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment
p.000275: withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of
p.000275: treatment.
p.000275: (2) Subsection (3) below applies where—
p.000275: (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for
p.000275: the purposes of section 64B or 64E above; but
p.000275: (b) before the completion of the treatment, the patient loses capacity or (as the case may be)
...

p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343:
p.000344: 344
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit “or a Primary Care Trust” (in both places where it occurs),
p.000344: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000344: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
p.000344: (d) omit “a Strategic Health Authority,”.
p.000344: 53 In section 47 (local authority’s duty to investigate), in subsection (11)—
p.000344: (a) after paragraph (c) insert—
p.000344: “(ca) the National Health Service Commissioning Board;”, and
p.000344: (b) in paragraph (d)—
p.000344: (i) after “any” insert “clinical commissioning group,”, and
p.000344: (ii) omit “, Primary Care Trust”.
p.000344: 54 In section 80 (inspection of children’s homes)—
p.000344: (a) in subsection (1), in paragraph (d) —
p.000344: (i) omit “, Primary Care Trust”, and
p.000344: (ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
...

p.000366: of which is arranged by the National Health Service Commissioning Board or a clinical
p.000366: commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act
p.000366: 2006 or under or by virtue of Parts 4 to 7 of that Act.”
p.000366: 178 In section 9 (supplementary provision about the duty to publish information), in
p.000366: subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
p.000366: 179 In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3)
p.000366: after paragraph (a) insert—
p.000366: “(aa) the National Health Service Commissioning Board;”.
p.000366: Equality Act 2010 (c. 15)
p.000366: 180 The Equality Act 2010 is amended as follows.
p.000366: 181 In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
p.000366: (a) omit paragraph (h), and
p.000366: (b) omit paragraph (i).
p.000366: 182 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that
p.000366: includes entries for bodies whose functions relate to the health service—
p.000366: (a) at the beginning insert—
p.000366: “The National Health Service Commissioning Board.
p.000366: A clinical commissioning group established under section 14D of the National Health Service Act 2006.”,
p.000366: (b) in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
p.000366: (c) omit the entry for a Primary Care Trust, and
p.000366: (d) omit the entry for a Strategic Health Authority.
p.000366: Child Poverty Act 2010 (c. 9)
p.000366: 183 In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
p.000366: (a) after paragraph (e) insert—
p.000366: “(ea) a clinical commissioning group;”,
p.000366: (b) omit paragraph (f), and
p.000366:
p.000366: Health and Social Care Act 2012 (c. 7)
p.000366: Schedule 5 — Part 1: amendments of other enactments
p.000366: (c) omit paragraph (g).
p.000366: Charities Act 2011 (c. 25)
p.000367: 367
p.000367: 184 In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in
p.000367: subsection (7)—
p.000367: (a) omit paragraph (a),
p.000367: (b) omit paragraph (b),
p.000367: (c) before paragraph (c) insert—
p.000367: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,
p.000367: (bc) trustees for the National Health Service Commissioning Board appointed in
p.000367: pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or
p.000367: (bd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that
p.000367: Act,”, and
p.000367: (d) omit paragraph (f).
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367: Interpretation
p.000367: SCHEDULE 6 Section 55(3)
p.000367: PART 1: TRANSITIONAL PROVISION
p.000367: 1 (1) This paragraph applies for the purposes of this Schedule.
p.000367: (2) “The initial period” means the period that—
p.000367: (a) begins with the commencement of section 25, and
p.000367: (b) ends with the day specified by the Secretary of State for the purposes of section 14A of the 2006 Act (as
p.000367: inserted by section 25).
...

Searching for indicator children:

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p.000009: (ii) omit “, by arrangement with any local authority,”,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”,
p.000009: (ii) after “educational establishment” insert “in its area”, and
p.000009: (iii) for “a local authority” substitute “the local authority”, and
p.000009: (c) omit sub-paragraph (3).
p.000009: (5) In paragraph 4—
p.000009: (a) for “A local authority may not make an arrangement” substitute “A local authority may not
p.000009: provide for any medical inspection or treatment”, and
p.000009: (b) for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
p.000009: (6) In paragraph 5—
p.000009: (a) omit sub-paragraph (1)(a) and the word “and” immediately following it,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) omit “local authority or”,
p.000009: (ii) for “the Secretary of State” substitute “a local authority”, and
p.000009:
p.000009: Health and Social Care Act 2012 (c. 7)
p.000011: 11
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (iii) for “him” substitute “it”.
p.000011: (7) In paragraph 7A (weighing and measuring of children)—
p.000011: (a) for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
p.000011: (ii) for “a local authority” substitute “the local authority”.
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
...

p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
...

p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.
p.000199: (2) The National Health Service Commissioning Board must, in exercising any functions in arranging for the
p.000199: provision of health services in relation to the area of a responsible local authority, have regard to—
p.000199: (a) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical
p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.”
p.000199:
p.000199: Health and Wellbeing Boards: establishment
p.000199:
p.000199: 194 Establishment of Health and Wellbeing Boards
p.000199: (1) A local authority must establish a Health and Wellbeing Board for its area.
p.000199: (2) The Health and Wellbeing Board is to consist of—
p.000199: (a) subject to subsection (4), at least one councillor of the local authority, nominated in accordance with
p.000199: subsection (3),
p.000199:
p.000200: 200
p.000200: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000200: Chapter 2 — Local government
p.000200:
p.000200: (b) the director of adult social services for the local authority,
p.000200: (c) the director of children’s services for the local authority,
p.000200: (d) the director of public health for the local authority,
p.000200: (e) a representative of the Local Healthwatch organisation for the area of the local authority,
p.000200: (f) a representative of each relevant clinical commissioning group, and
p.000200: (g) such other persons, or representatives of such other persons, as the local authority thinks
p.000200: appropriate.
p.000200: (3) A nomination for the purposes of subsection (2)(a) must be made—
p.000200: (a) in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader
p.000200: of the local authority;
p.000200: (b) in any other case, by the local authority.
p.000200: (4) In the case of a local authority operating executive arrangements, the elected mayor or the executive leader
p.000200: of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a
p.000200: member of the Board.
p.000200: (5) The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it
p.000200: on the Health and Wellbeing Board.
p.000200: (6) A relevant clinical commissioning group must appoint a person to represent it on the Health and Wellbeing Board.
...

p.000213: 213
p.000213: (bb) modifying the regulation of the social work profession in England, so far as appears to Her to be
p.000213: necessary or expedient for the purpose of securing or improving the regulation of the profession or the services
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
p.000214: who inspects premises under—
p.000214: (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
p.000214: (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
p.000214: (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
p.000214: (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health
p.000214: and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the
p.000214: meaning of that Part),
p.000214: (m) management of staff mentioned in paragraph (k) or (l),
p.000214: (n) employment at a day centre in England,
p.000214: (o) participation in a course approved by the Health and Care Professions Council under article 15 of
p.000214: the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in
p.000214: England.”
p.000214: (7) After subsection (2ZC) insert—
p.000214: “(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning
p.000214: in that subsection as it has in that section.”
p.000214: (8) After subsection (2ZD) insert—
p.000214: “(2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which
p.000214: subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work
p.000214: profession in England.”
p.000214: (9) After subsection (2ZE) insert—
p.000214: “(2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental
p.000214: Health Act 1983.”
...

p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
p.000249: (1) Before publishing an information standard, the Secretary of State or the Board must consult such persons as the
p.000249: Secretary of State or (as the case may be) the Board considers appropriate.
p.000249: (2) For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared
p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
...

p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
p.000250: (3) A direction may be given under subsection (1) by the Board only if the Board considers that the information
p.000250: which could be obtained by complying with the direction is information which it is necessary or expedient for the Board
p.000250: to have in relation to its exercise of functions in connection with the provision of NHS services.
p.000250: (4) In this Chapter “NHS services” means services the provision of which is arranged by the Board or a
...

p.000337: (b) omit “, Primary Care Trust” (in each place where it occurs).
p.000337: (5) In subsection (5B)—
p.000337: (a) omit paragraph (za), and
p.000337: (b) omit paragraph (bb).
p.000337: 13 In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
p.000337: (a) after “City of London” insert “or a service for the provision of which the National Health Service
p.000337: Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
...

p.000342: (a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
p.000342: (b) for “that Act” substitute “the National Health Service Act 2006”, and
p.000342: (c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
p.000343: (b) in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State,
p.000343: the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000343: Service Act 2006 or”.
p.000343: 51 In section 27 (co-operation between authorities), in subsection (3)—
p.000343: (a) after paragraph (c) insert—
p.000343: “(ca) the National Health Service Commissioning Board;”, and
p.000343: (b) in paragraph (d)—
p.000343: (i) after “any” insert “clinical commissioning group,”, and
p.000343: (ii) omit “, Primary Care Trust”.
p.000343: 52 In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343:
p.000344: 344
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit “or a Primary Care Trust” (in both places where it occurs),
p.000344: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000344: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
p.000344: (d) omit “a Strategic Health Authority,”.
p.000344: 53 In section 47 (local authority’s duty to investigate), in subsection (11)—
p.000344: (a) after paragraph (c) insert—
p.000344: “(ca) the National Health Service Commissioning Board;”, and
p.000344: (b) in paragraph (d)—
p.000344: (i) after “any” insert “clinical commissioning group,”, and
p.000344: (ii) omit “, Primary Care Trust”.
p.000344: 54 In section 80 (inspection of children’s homes)—
p.000344: (a) in subsection (1), in paragraph (d) —
p.000344: (i) omit “, Primary Care Trust”, and
p.000344: (ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
...

p.000352: 98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful
p.000352: interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute
p.000352: “section 4(3A)(a) of the National Health Service Act 2006”.
p.000352: Freedom of Information Act 2000 (c. 36)
p.000352: 99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
p.000352: (a) omit paragraph 36A,
p.000352: (b) before paragraph 38 insert—
p.000352: “37A The National Health Service Commissioning Board.
p.000352: 37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000352: (c) omit paragraph 39.
p.000352: International Development Act 2002 (c. 1)
p.000352: 100 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of
p.000352: that Act)—
p.000352: (a) before the entry for a Health Board insert—
p.000352: “the National Health Service Commissioning Board a clinical commissioning group”,
p.000352: (b) omit the entry for a Primary Care Trust, and
p.000352: (c) omit the entry for a Strategic Health Authority.
p.000352: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000352: 101 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
p.000352: “(za) there may be a need for the provision to that person of services that may be provided pursuant
p.000352: to arrangements made by a clinical commissioning group under the National Health Service Act 2006
p.000352: (including by virtue of section 7A of that Act),”,
p.000352:
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) in paragraph (a) omit “a Primary Care Trust”, and
p.000352: (c) in the text following paragraph (b)—
p.000353: 353
p.000353: (i) after “notify that” insert “clinical commissioning group,”, and
p.000353: (ii) omit “Primary Care Trust,”.
p.000353: 106 In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
p.000353: (a) before paragraph (d) insert—
p.000353: “(ca) the National Health Service Commissioning Board,”, and
p.000353: (b) in paragraph (d)—
p.000353: (i) omit “, Primary Care Trust”, and
p.000353: (ii) before “(in Wales,” insert “, clinical commissioning group”.
p.000353: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000353: 107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000353: inspector to disclose information to health service bodies), in paragraph (a)—
p.000353: (a) omit sub-paragraph (i),
p.000353: (b) before sub-paragraph (ii) insert—
p.000353: “(ia) the National Health Service Commissioning Board,
...

p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
p.000357: (d) omit paragraph (e).
p.000357: 130 In section 12A (establishment of children’s trust boards), after subsection (7) at the end insert
p.000357: “otherwise than by virtue of section 10(4)(da) or (db)”.
p.000357: 131 In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
p.000357: (a) after paragraph (d) insert—
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: Civil Contingencies Act 2004 (c. 36)
p.000357: 132 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
p.000357: (2) In Part 1 (which contains the general list of Category 1 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “4A The National Health Service Commissioning Board.”, and
p.000357: (b) omit paragraph 7.
p.000357: (3) In Part 3 (which contains the general list of Category 2 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “29ZA A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000357: (b) omit paragraph 29A.
p.000357: Mental Capacity Act 2005 (c. 9)
p.000357: 133 The Mental Capacity Act 2005 is amended as follows.
p.000357: 134 In section 35 (appointment of independent mental capacity advocates)—
p.000357: (a) in subsection (1), for “appropriate authority” substitute “responsible authority”,
p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
...

p.000409: 73 In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National
p.000409: Health Service Trust”.
p.000409: Data Protection Act 1998 (c. 29)
p.000409: 74 In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in
p.000409: paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
p.000409: Health Act 1999 (c. 8)
p.000409: 75 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend
p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
...

p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
...

Social / Incarcerated

Searching for indicator liberty:

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p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
p.000358: (b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and
p.000358: (c) after subsection (6) insert—
p.000358: “(6A) In subsections (1) and (4), “the responsible authority” means—
p.000358: (a) in relation to the provision of the services of independent mental capacity advocates in the
p.000358: area of a local authority in England, that local authority, and
p.000358: (b) in relation to the provision of the services of independent mental capacity advocates in Wales,
p.000358: the Welsh Ministers.
p.000358: (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it
p.000358: does not include the council of a county or county borough in Wales.”
p.000358: 135 In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after
p.000358: “except in” insert “section 35(6A)(a) and”.
p.000358: 136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
p.000358: (2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
p.000358: (a) in paragraph (a) omit “Primary Care Trust,”,
p.000358: (b) in that paragraph omit “Strategic Health Authority,”,
p.000358: (c) after that paragraph insert—
p.000358: “(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special
p.000358: Health Authority has responsibility for its administration, the Secretary of State;”, and
p.000358: (d) in paragraph (b) omit “Primary Care Trust,”.
p.000358: (3) In paragraph 180 (supervisory bodies: hospitals in England)—
p.000358: (a) for sub-paragraph (2) substitute—
p.000358: “(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body
p.000358: are that local authority.”,
p.000358: (b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England
p.000358: and”,
p.000358: (c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
p.000358: (d) after sub-paragraph (4) insert—
p.000358: “(4A) “Local authority” means—
p.000358: (a) the council of a county;
p.000358: (b) the council of a district for which there is no county council;
p.000358: (c) the council of a London borough;
p.000358: (d) the Common Council of the City of London;
p.000358: (e) the Council of the Isles of Scilly.”, and
...

Searching for indicator prison:

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p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
p.000009: 10 Health and Social
...

p.000057: (c) regulations making provision under subsection (3A)(d) may require each person to act as mentioned there.
p.000057: (3D) Regulations making provision under subsection (3A) for the case of an agreement made with two or more persons
p.000057: may make provision as to the effect of a change in the composition of the group of persons involved.
p.000057: (3E) The regulations may require an individual appointed for the purposes of subsection (3A)(b)—
p.000057: (a) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health
p.000057: Service Reform and Health Care Professions Act 2002, and
p.000057: (b) to meet such other conditions as may be prescribed.”
p.000057:
p.000057: Further provision about local authorities’ role in the health service
p.000057:
p.000057: 29 Other health service functions of local authorities under the 2006 Act
p.000057: (1) The National Health Service Act 2006 (c. 41) is amended as follows.
p.000057: (2) In section 111 (dental public health)—
p.000057: (a) in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
p.000057: (b) in subsection (2)—
p.000057: (i) for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
p.000057: (ii) in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
p.000057: (c) after subsection (2) insert—
p.000057: “(3) In this section, “local authority” has the same meaning as in section 2B.”
p.000057: (3) In section 249 (joint working with the prison service) after subsection (4)
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
...

Searching for indicator restricted:

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p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
p.000278: (a) amend, repeal, revoke or otherwise modify any enactment;
p.000278: (b) include transitional, transitory or saving provision in connection with the commencement of provision made by
p.000278: the order.
p.000278: (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made
p.000278: by the order pending the commencement of—
p.000278: (a) another provision of the order,
p.000278:
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 12 — Final provisions
p.000278:
p.000278: (b) a provision of this Act,
p.000278: (c) any other enactment.
p.000279: 279
p.000279: (4) Before making an order under this section that contains provision which would, if included in an
p.000279: Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of
p.000279: State must consult the Scottish Ministers.
p.000279: (5) The power conferred by this section is not restricted by any other provision of this Act.
p.000279: (6) In this section, “enactment” includes—
p.000279: (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000279: (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure
p.000279: of the National Assembly for Wales or Northern Ireland legislation,
p.000279: and references to an enactment include a reference to an enactment passed or made after the passing of this Act.
p.000279:
p.000279: 304 Regulations, orders and directions
p.000279: (1) A power to make regulations under this Act is exercisable by the Secretary of State.
p.000279: (2) Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council
p.000279: under this Act, must be made by statutory instrument.
p.000279: (3) Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by
p.000279: the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of
p.000279: either House of Parliament.
p.000279: (4) Subsection (3) does not apply to an order under section 306 (commencement).
p.000279: (5) A statutory instrument which contains (whether alone or with other provision) any of the following may not be
p.000279: made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
p.000279: (a) regulations under section 65 (extension of Monitor’s functions to adult social care services);
p.000279: (b) the first regulations under section 83 (licensing requirement: exemption regulations);
p.000279: (c) the first order under section 86 (approval by Secretary of State of licensing criteria);
...

p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
p.000345: (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a
p.000345: clinical commissioning group under the National Health Service Act 2006 include references to arrangements
p.000345: so made by virtue of section 7A of that Act.”
p.000345: Local Government and Housing Act 1989 (c. 42)
p.000345: 57 In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in
p.000345: subsection (6), after paragraph (za) insert—
p.000345: “(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.
p.000345: National Health Service and Community Care Act 1990 (c. 19)
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
p.000345: 59 In section 47 (assessment of needs for community care services), in subsection (3)—
p.000345: (a) before paragraph (a) insert—
p.000345: “(za) that there may be a need for the provision to that person, pursuant to arrangements made under
p.000345: the National Health Service Act 2006 by such clinical commissioning group as may be determined in
p.000345: accordance with regulations, of any services (including services that may be provided pursuant to such
p.000345: arrangements by virtue of section 7A of that Act),”,
p.000345: (b) in paragraph (a), omit “Primary Care Trust or”,
p.000345: (c) in that paragraph omit “the National Health Service Act 2006 or”,
p.000345: (d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
p.000345: (e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
p.000345: 60 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
p.000345: (a) omit “Strategic Health Authority,”, and
p.000345: (b) omit “Primary Care Trust,”.
p.000345: 61 In section 60 (removal of crown immunities), in subsection (7)—
p.000345: (a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
p.000345:
p.000346: 346
p.000346: Health and Social Care Act 2012 (c. 7)
...

Social / Marital Status

Searching for indicator single:

(return to top)
p.000065: the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation
p.000065: to the proposal.
p.000065:
p.000065: 66 Health and Social
p.000065: Care Act 2012 (c. 7)
p.000065: Part 1 — The health service in England
p.000065:
p.000065: (3) The proposer may (after any requirements imposed by regulations under subsection (2) have been complied
p.000065: with) modify the proposal.
p.000065: (4) But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to
p.000065: add another area, except in circumstances prescribed in regulations by the Secretary of State.
p.000065: (5) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000065: complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are
p.000065: necessary to implement the proposal.
p.000065: (6) The Secretary of State may by regulations make provision—
p.000065: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000065: (5);
p.000065: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000065: or (5).
p.000065: 88F Decision-making procedure: exercise of functions by committee
p.000065: (1) This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5)
p.000065: (“the fluoridation functions”) except where the proposer is a single local authority and either—
p.000065: (a) no other local authorities are affected by the proposal, or
p.000065: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000065: participate in the exercise of the fluoridation functions.
p.000065: (2) The local authorities affected by the proposal must—
p.000065: (a) arrange for an existing joint committee of the authorities to exercise the fluoridation functions,
p.000065: (b) establish a joint committee of the authorities for that purpose, or
p.000065: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000065: Social Care Act 2012 to exercise the fluoridation functions.
p.000065: (3) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000065: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000065: sub-committee of the Boards to exercise the fluoridation functions.
p.000065: (4) The Secretary of State may by regulations make provision—
p.000065: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000065: prescribed conditions as to its membership;
p.000065: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000065: as to qualification and disqualification for membership and the holding and vacating of office as a member);
p.000065: (c) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with
p.000065: subsection (3);
...

p.000069: instrument in writing.
p.000069: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000069: prescribed circumstances.
p.000069: (5) The proposer of a variation proposal may (after any requirements imposed by regulations under
p.000069: subsection (2) have been complied with) modify the proposal.
p.000069: (6) But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be
p.000069: modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the
p.000069: proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a
p.000069: further extension of it.
p.000069: (7) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000069: complied with) decide whether to request the Secretary of State to request the water undertaker to vary the
p.000069: arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the
p.000069: arrangements.
p.000069: (8) The Secretary of State may by regulations may make provision—
p.000069: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000069: (7);
p.000069: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000069: or (7).
p.000069: 88M Decision-making procedure: exercise of functions by committee
p.000069: (1) This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7) (“the
p.000069: relevant functions”) except where the proposer is a single local authority and either—
p.000069: (a) no other local authorities are affected by the proposal, or
p.000069: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000069: participate in the exercise of the functions.
p.000069: (2) The local authorities affected by the proposal must—
p.000069: (a) arrange for an existing joint committee of the authorities to exercise the relevant functions,
p.000069: (b) establish a joint committee of the authorities for that purpose, or
p.000069: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000069: Social Care Act 2012 to exercise the relevant functions.
p.000069: (3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069:
p.000069: Health and Social Care Act 2012 (c. 7)
p.000071: 71
p.000071: Part 1 — The health service in England
p.000071:
p.000071: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000071: prescribed circumstances.
p.000071: (5) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000071: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000071: sub-committee of the Boards to exercise the relevant functions.
p.000071: (6) The Secretary of State may by regulations make provision—
p.000071: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000071: prescribed conditions as to its membership;
...

p.000125: (12) The national tariff has effect for such period as is specified in the national tariff (or, where a new edition
p.000125: of the national tariff takes effect before the end of that period, until that new edition takes effect).
p.000125: (13) In exercising its functions under this Chapter, Monitor must (in addition to the matters specified in section
p.000125: 66) have regard to the objectives and requirements for the time being specified in the mandate published under section
p.000125: 13A of the National Health Service Act 2006.
p.000125:
p.000125: 117 The national tariff: further provision
p.000125: (1) The ways in which a health care service may be specified in the national tariff under section 116(1)(a), or in
p.000125: rules provided for in the national tariff under section 116(4)(b), include in particular—
p.000125: (a) specifying it by reference to its components,
p.000125: (b) specifying it as a service (a “bundle”) that comprises two or more health care services which together
p.000125: constitute a form of treatment,
p.000125: (c) specifying it as a service in a group of standardised services.
p.000125: (2) In the case of a service specified in the national tariff under section 116(1)(a), the national tariff must—
p.000125: (a) if the service is specified in accordance with subsection (1)(a), specify a national price for each component of
p.000125: the service;
p.000125:
p.000126: 126
p.000126: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000126: Chapter 4 — Pricing
p.000126:
p.000126: (b) if it is specified in accordance with subsection (1)(b), specify a national price for the bundle;
p.000126: (c) if it is specified in accordance with subsection (1)(c), specify a single price as the national price for each
p.000126: service in the group.
p.000126: (3) In the case of a service specified in rules provided for in the national tariff under section
p.000126: 116(4)(b), the rules may—
p.000126: (a) if the service is specified in accordance with subsection (1)(a), make provision for determining the
p.000126: price payable for each component of the service;
p.000126: (b) if it is specified in accordance with subsection (1)(b), make provision for determining the price payable for
p.000126: the bundle;
p.000126: (c) if it is specified in accordance with subsection (1)(c), make provision for determining the price payable for
p.000126: each service in the group.
p.000126: (4) Where the commissioner of a health care service for the purposes of the NHS agrees to pay a price for the
p.000126: provision of the service other than the price that is payable by virtue of this Chapter, Monitor may direct the
p.000126: commissioner to take such steps within such period as Monitor may specify to secure that the position is,
p.000126: so far as practicable, restored to what it would have been if the commissioner had agreed to pay the price payable by
p.000126: virtue of this Chapter.
p.000126: (5) Where the commissioner of a health care service fails to comply with rules provided for under
p.000126: section 116(2), (4) or (6), Monitor may direct the commissioner to take such steps within such period
p.000126: as Monitor may specify—
p.000126: (a) to secure that the failure does not continue or recur;
p.000126: (b) to secure that the position is, so far as practicable, restored to what it would have been if the failure was
p.000126: not occurring or had not occurred.
p.000126:
p.000126: 118 Consultation on proposals for the national tariff
...

p.000268: (5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the
p.000268: Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000268: direction under that Act.
p.000268:
p.000268: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000269: 269
p.000269:
p.000269: (5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of
p.000269: the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000269: direction under that Act.”
p.000269: (4) After subsection (6) insert— “(7) In subsection (4A)—
p.000269: “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health
p.000269: Service Act 2006;
p.000269: “local authority” has the same meaning as in section 2B of that Act of 2006.”
p.000269:
p.000269: Duties to co-operate
p.000269:
p.000269: 288 Monitor: duty to co-operate with Care Quality Commission
p.000269: (1) Monitor must co-operate with the Care Quality Commission in the exercise of their respective functions.
p.000269: (2) In particular Monitor must—
p.000269: (a) give the Commission any information Monitor has about the provision of health care services which Monitor
p.000269: or the Commission considers would assist the Commission in the exercise of its functions,
p.000269: (b) make arrangements with the Commission to ensure that—
p.000269: (i) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social
p.000269: Care Act 2008 may do so by way of a single application form,
p.000269: (ii) such a person is granted a licence under that Chapter and registration under that Act by way of a
p.000269: single document, and
p.000269: (c) seek to secure that the conditions included in a licence under that Chapter in a case within
p.000269: paragraph (b) are consistent with any conditions on the person’s registration under that Act.
p.000269: (3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the Commission with any material
p.000269: relevant to the exercise of Monitor’s functions pursuant to section 73(2), so far as the material relates to the
p.000269: provision of health care services.
p.000269: (4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to
p.000269: registration under Chapter 2 of Part 1 of that Act.
p.000269:
p.000269: 289 Care Quality Commission: duty to co-operate with Monitor
p.000269: (1) Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent
p.000269: Regulator of NHS foundation trusts) is amended as follows.
p.000269: (2) For subsection (1) substitute—
p.000269: “(1) The Commission must co-operate with Monitor in the exercise of their respective functions.”
p.000269:
p.000270: 270
p.000270:
p.000270: (3) For subsection (2) substitute—
p.000270: “(2) In particular the Commission must—
p.000270: Health and Social Care Act 2012 (c. 7)
p.000270: Part 11 — Miscellaneous
p.000270: (a) give Monitor any information the Commission has about the provision of health care which the
p.000270: Commission or Monitor considers would assist Monitor in the exercise of its functions,
p.000270: (b) make arrangements with Monitor to ensure that—
p.000270: (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act
p.000270: 2012 may do so by way of a single application form, and
p.000270: (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of
p.000270: a single document, and
p.000270: (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are
p.000270: consistent with the conditions included in the person’s licence under that Act.”
p.000270: (4) In subsection (3)—
p.000270: (a) for “Independent Regulator” substitute “Monitor”, and
p.000270: (b) for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act
p.000270: 2012”.
p.000270: (5) After that subsection insert—
p.000270: “(4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence
p.000270: under Chapter 3 of Part 3 of that Act.”
p.000270: (6) In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
p.000270:
p.000270: 290 Other duties to co-operate
p.000270: (1) Monitor and each relevant body must co-operate with each other in the exercise of their respective
p.000270: functions.
p.000270: (2) The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their
p.000270: respective functions.
p.000270: (3) The relevant bodies are—
p.000270: (a) the National Health Service Commissioning Board,
p.000270: (b) the National Institute for Health and Care Excellence,
p.000270: (c) the Health and Social Care Information Centre, and
p.000270: (d) Special Health Authorities which have functions that are exercisable in relation to England.
p.000270: (4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that
p.000270: has functions relating to health.
p.000270: (5) Where Monitor or the Care Quality Commission regulates an activity of a relevant body, the duty
...

Social / Police Officer

Searching for indicator officer:

(return to top)
p.000031: in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary
p.000031: medical services in respect of each of those arrangements.
p.000031: (6) Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection
p.000031: (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical
p.000031: services (and the individuals are not to be so treated).
p.000031: (7) Where two or more individuals are parties to an arrangement mentioned in subsection (4) but
p.000031: are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a
p.000031: provider of primary medical services (and the individuals are not to be so treated).
p.000031: 14B Applications for the establishment of clinical commissioning groups
p.000031: (1) An application for the establishment of a clinical commissioning group may be made to the Board.
p.000031:
p.000031: 32 Health and Social
p.000031: Care Act 2012 (c. 7)
p.000031: Part 1 — The health service in England
p.000031:
p.000031: (2) The application may be made by any two or more persons each of whom—
p.000031: (a) is or wishes to be a provider of primary medical services, and
p.000031: (b) wishes to be a member of the clinical commissioning group.
p.000031: (3) The application must be accompanied by—
p.000031: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000031: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see
p.000031: paragraph 12 of Schedule 1A), and
p.000031: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000031: (4) At any time before the Board determines the application—
p.000031: (a) a person who is or wishes to be a provider of primary medical services (and wishes to be a member
p.000031: of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the
p.000031: existing applicants;
p.000031: (b) any of the applicants may withdraw.
p.000031: (5) At any time before the Board determines the application, the applicants may modify the proposed constitution
p.000031: with the agreement of the Board.
p.000031: (6) Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.
p.000031: 14C Determination of applications
p.000031: (1) The Board must grant an application under section 14B if it is satisfied as to the following matters.
p.000031: (2) Those matters are—
p.000031: (a) that the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,
p.000031: (b) that each of the members specified in the constitution will be a provider of primary medical services on
p.000031: the date the clinical commissioning group is established,
p.000031: (c) that the area specified in the constitution is appropriate,
p.000031: (d) that it would be appropriate for the Board to appoint, as the accountable officer of the group, the
p.000031: person named by the group under section 14B(3)(b),
p.000031: (e) that the applicants have made appropriate arrangements to ensure that the clinical commissioning
p.000031: group will be able to discharge its functions,
p.000031: (f) that the applicants have made appropriate arrangements to ensure that the group will have a
p.000031: governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, and
p.000031: (g) such other matters as may be prescribed.
p.000031: (3) Regulations may make provision—
p.000031:
p.000031: Health and Social Care Act 2012 (c. 7)
p.000033: 33
p.000033: Part 1 — The health service in England
p.000033:
p.000033: (a) as to factors which the Board must or may take into account in deciding whether it is satisfied as to the
p.000033: matters mentioned in subsection (2);
p.000033: (b) as to the procedure for the making and determination of applications under section 14B.
p.000033: 14D Effect of grant of application
p.000033: (1) If the Board grants an application under section 14B—
p.000033: (a) a clinical commissioning group is established, and
p.000033: (b) the proposed constitution has effect as the clinical commissioning group’s constitution.
p.000033: (2) Part 2 of Schedule 1A makes further provision about clinical commissioning groups.
p.000033:
p.000033: Variation of constitution
p.000033: 14E Applications for variation of constitution
p.000033: (1) A clinical commissioning group may apply to the Board to vary its constitution (including doing so
p.000033: by varying its area or its list of members).
p.000033: (2) If the Board grants the application, the constitution of the clinical commissioning group has effect
p.000033: subject to the variation.
...

p.000033: (a) add any person who is a provider of primary medical services to the list of members specified in the
p.000033: constitution of a clinical commissioning group;
p.000033: (b) remove any person from such a list.
p.000033: (3) The power conferred by subsection (1) or (2) is exercisable if—
p.000033: (a) the clinical commissioning group consents to the variation, or
p.000033: (b) the Board considers that the variation is necessary for the purpose of discharging any of its duties
p.000033: under section 14A.
p.000033: (4) Before varying the constitution of a clinical commissioning group under subsection (1) or (2), the Board
p.000033: must consult—
p.000033: (a) that group, and
p.000033: (b) any other clinical commissioning group that the Board thinks might be affected by the variation.
p.000033:
p.000034: 34
p.000034:
p.000034: (5) Regulations may—
p.000034: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000034: (a) confer powers on the Board to vary the constitution of a clinical commissioning group;
p.000034: (b) make provision as to the circumstances in which those powers are exercisable and the procedure to be followed
p.000034: before they are exercised.
p.000034:
p.000034: Mergers, dissolution etc.
p.000034: 14G Mergers
p.000034: (1) Two or more clinical commissioning groups may apply to the Board for—
p.000034: (a) those groups to be dissolved, and
p.000034: (b) another clinical commissioning group to be established under this section.
p.000034: (2) An application under this section must be accompanied by—
p.000034: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000034: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer, and
p.000034: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000034: (3) The applicants may, with the agreement of the Board, modify the application or the proposed
p.000034: constitution at any time before the Board determines the application.
p.000034: (4) Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an
p.000034: application under section 14B.
p.000034: 14H Dissolution
p.000034: (1) A clinical commissioning group may apply to the Board for the group to be dissolved.
p.000034: (2) Regulations may make provision—
p.000034: (a) as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this
p.000034: section;
p.000034: (b) as to factors which the Board must or may take into account in determining whether to grant such applications;
p.000034: (c) as to the procedure for the making and determination of such applications.
p.000034:
p.000034: Supplemental provision about applications, variation, mergers etc.
p.000034: 14I Transfers in connection with variation, merger, dissolution etc.
p.000034: (1) The Board may make a property transfer scheme or a staff transfer scheme in connection with—
p.000034: (a) the variation of the constitution of a clinical commissioning group under section 14E or 14F, or
p.000034: (b) the dissolution of a clinical commissioning group under section 14G or 14H.
p.000034:
p.000034: Health and Social Care Act 2012 (c. 7)
p.000035: 35
p.000035: Part 1 — The health service in England
p.000035:
...

p.000035: accordance with the regulations, prescribed information relating to determinations made under subsection
p.000035: (3)(a) or (b).
p.000035: (7) The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a)
p.000035: or (b).
p.000035: 14M Audit and remuneration committees of governing bodies
p.000035: (1) The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.
p.000035: (2) The audit committee has—
p.000035: (a) such functions in relation to the financial duties of the clinical commissioning group as the governing
p.000035: body considers appropriate for the purpose of assisting it in discharging its function under section
p.000035: 14L(2), and
p.000035: (b) such other functions connected with the governing body’s function under section 14L(2) as may be
p.000035: specified in the group’s constitution or by regulations.
p.000035: (3) The remuneration committee has—
p.000035: (a) the function of making recommendations to the governing body as to the discharge of its functions under
p.000035: section 14L(3)(a) and (b), and
p.000035: (b) such other functions connected with the governing body’s function under section 14L(2) as may be
p.000035: specified in the group’s constitution or by regulations.
p.000035: 14N Regulations as to governing bodies of clinical commissioning groups
p.000035: (1) Regulations may make provision specifying the minimum number of members of governing bodies of clinical
p.000035: commissioning groups.
p.000035: (2) Regulations may—
p.000035: (a) provide that the members of governing bodies must include the accountable officer of the clinical commissioning
p.000035: group;
p.000035: (b) provide that the members of governing bodies, or their audit or remuneration committees, must include—
p.000035: (i) individuals who are health care professionals of a prescribed description;
p.000035: (ii) individuals who are lay persons;
p.000035: (iii) individuals of any other description which is prescribed;
p.000035:
p.000035: Health and Social Care Act 2012 (c. 7)
p.000037: 37
p.000037: Part 1 — The health service in England
p.000037:
p.000037: (c) in relation to any description of individuals mentioned in regulations by virtue of paragraph (b),
p.000037: specify—
p.000037: (i) the minimum number of individuals of that description who must be appointed;
p.000037: (ii) the maximum number of such individuals who may be appointed;
p.000037: (d) provide that the descriptions specified for the purposes of section 14L(4)(c) may not include prescribed
p.000037: descriptions.
p.000037: (3) Regulations may make provision as to—
p.000037: (a) qualification and disqualification for membership of governing bodies or their audit or remuneration committees;
p.000037: (b) how members are to be appointed;
p.000037: (c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or
p.000037: suspended from office);
p.000037: (d) eligibility for re-appointment.
p.000037: (4) Regulations may make provision for the appointment of chairs and deputy chairs of governing bodies
p.000037: or their audit or remuneration committees, including provision as to—
p.000037: (a) qualification and disqualification for appointment;
p.000037: (b) tenure of office (including the circumstances in which the chair or deputy chair ceases to hold office or
p.000037: may be removed or suspended from office);
...

p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
p.000049: (b) the accountable officer of the group,
p.000049: to cease to perform any functions for such period or periods as may be specified in the direction.
p.000049: (4) The Board may—
p.000049: (a) terminate the appointment of the clinical commissioning group’s accountable officer, and
p.000049: (b) appoint another person to be its accountable officer.
p.000049: (5) Paragraph 12(4) of Schedule 1A does not apply to an appointment under subsection (4)(b).
p.000049: (6) The Board may vary the constitution of the clinical commissioning group, including doing so by—
p.000049:
p.000050: 50
p.000050:
p.000050: (a) varying its area,
p.000050: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000050: (b) adding any person who is a provider of primary medical services to the list of members, or
p.000050: (c) removing any person from that list.
p.000050: (7) The Board may dissolve the clinical commissioning group.
p.000050: (8) Where a direction is given under subsection (3) the Board may—
p.000050: (a) exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning
p.000050: group or (as the case may be) the accountable officer;
p.000050: (b) direct another clinical commissioning group or (as the case may be) the accountable officer of another
p.000050: clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the
p.000050: accountable officer, in such manner and within such period or periods as may be specified in the directions.
p.000050: (9) A clinical commissioning group to which a direction is given under subsection (3) must—
p.000050: (a) where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board,
p.000050: and
p.000050: (b) where a direction is given under subsection (8)(b) to another clinical commissioning group or to
p.000050: the accountable officer of another clinical commissioning group, co-operate with the other group or (as the
p.000050: case may be) the accountable officer.
p.000050: (10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning
p.000050: group to which it is proposing to give the direction.
p.000050: (11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property
p.000050: transfer scheme or a staff transfer scheme.
p.000050: (12) In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in
p.000050: section 14I.
p.000050: (13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under
p.000050: subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme
p.000050: under section 14I(1).
p.000050: (14) For the purposes of this section—
p.000050: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000050: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000050: considers to be the interests of the health service.
p.000050:
p.000050: Procedural requirements in connection with certain powers
p.000050: 14Z22 Procedural requirements in connection with certain powers
p.000050: (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must
p.000050: consult the following persons—
p.000050:
p.000050: Health and Social Care Act 2012 (c. 7)
p.000051: 51
p.000051: Part 1 — The health service in England
p.000051:
p.000051: (a) the clinical commissioning group,
p.000051: (b) relevant local authorities, and
...

p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
p.000059: (5) A local authority may terminate the appointment of its director of public health.
p.000059: (6) Before terminating the appointment of its director of public health, a local authority must consult the
p.000059: Secretary of State.
p.000059:
p.000059: 60 Health and Social
p.000059: Care Act 2012 (c. 7)
p.000059: Part 1 — The health service in England
p.000059:
...

p.000134:
p.000134: (a) what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
p.000134: (b) where the matter was determined by arbitration, what was determined.
p.000134: (2) Monitor must send a notice to—
p.000134: (a) each clinical commissioning group,
p.000134: (b) each relevant provider, and
p.000134: (c) such other persons as Monitor considers appropriate.
p.000134: (3) Monitor must also publish the notice.
p.000134: (4) The notice must specify—
p.000134: (a) the information that does not accord with what was agreed or determined,
p.000134: (b) the correction required to make the information so accord, and
p.000134: (c) the date on which the correction is to take effect.
p.000134: (5) A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
p.000134: (6) In this section, “relevant provider” has the meaning given in section 118(14).
p.000134:
p.000134: CHAPTER 5
p.000134: HEALTH SPECIAL ADMINISTRATION
p.000134:
p.000134: 128 Health special administration orders
p.000134: (1) In this Chapter “health special administration order” means an order which—
p.000134: (a) is made by the court in relation to a relevant provider, and
p.000134: (b) directs that the affairs, business and property of the provider are to be managed by one or more persons
p.000134: appointed by the court.
p.000134: (2) An application to the court for a health special administration order may be made only by Monitor.
p.000134: (3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health
p.000134: special administrator”.
p.000134: (4) A health special administrator of a company—
p.000134: (a) is an officer of the court, and
p.000134: (b) in exercising functions in relation to the company, is the company’s agent.
p.000134: (5) A person is not to be the health special administrator of a company unless the person is qualified to act
p.000134: as an insolvency practitioner in relation to the company.
p.000134: (6) A health special administrator of a relevant provider must manage its affairs, business and property, and
p.000134: exercise the health special administrator’s functions, so as to—
p.000134: (a) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
p.000134: (b) in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services
p.000134: provided by the provider is carried on in accordance with any requirements or conditions imposed in
p.000134:
p.000134: Health and Social Care Act 2012 (c. 7)
p.000134: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000135: 135
p.000135:
p.000135: respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
p.000135: (c) so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the
p.000135: provider as a whole, and
p.000135: (d) so far as is consistent with that objective and subject to those interests, protect the interests of the members
p.000135: of the provider as a whole.
p.000135: (7) In relation to a health special administration order applying to a non-GB company, references in this
...

p.000193: provisions: consultation requirements), in subsection (8), for subsection (e) substitute—
p.000193: “(e) a Local Healthwatch organisation;”.
p.000193: (6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have
p.000193: regard)—
p.000193: (a) in subsection (1)(c)—
p.000193: (i) for “local involvement networks” substitute “Local Healthwatch organisations or Local
p.000193: Healthwatch contractors”, and
p.000193: (ii) omit “in their areas”; and
p.000193: (b) for subsection (3) substitute—
p.000193: “(3) In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the
p.000193: Local Government and Public Involvement in Health Act 2007.”
p.000193:
p.000193: CHAPTER 2
p.000193: LOCAL GOVERNMENT
p.000193:
p.000193: Scrutiny functions of local authorities
p.000193:
p.000193: 190 Scrutiny functions of local authorities
p.000193: (1) Section 244 of the National Health Service Act 2006 is amended as follows.
p.000193: (2) In subsection (2)—
p.000193: (a) omit “an overview and scrutiny committee of”,
p.000193: (b) for “the committee” (in each place where it occurs) substitute “the authority”,
p.000193: (c) for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant
p.000193: health service providers”,
p.000193: (d) for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or
p.000193: relevant health service provider”,
p.000193: (e) omit the words in brackets in paragraph (c), and
p.000193: (f) in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant
p.000193: NHS body, or a relevant health
p.000193:
p.000194: 194
p.000194: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000194: Chapter 2 — Local government
p.000194:
p.000194: service provider or member or employee of a relevant health service provider,”.
p.000194: (3) After subsection (2) insert—
p.000194: “(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant
p.000194: NHS bodies or relevant health service providers must consult the authority, the regulations may also make
p.000194: provision—
p.000194: (a) as to circumstances in which the authority may refer any of those matters to the Secretary of
p.000194: State, the regulator or the Board;
p.000194: (b) conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to
p.000194: the Secretary of State by virtue of regulations under paragraph (a);
p.000194: (c) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so
p.000194: referred;
p.000194: (d) conferring powers on the Board to give directions to a clinical commissioning group in relation to a
p.000194: matter referred to the Board by virtue of regulations under paragraph (a);
p.000194: (e) conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by
p.000194: virtue of regulations under paragraph (c) or (d).
p.000194: (2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to
p.000194: require the person to whom the direction is given—
...

p.000288: (2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the
p.000288: appointment of any member.
p.000288:
p.000288: Health and Social Care Act 2012 (c. 7)
p.000288: Schedule 1 — The National Health Service Commissioning Board
p.000288: Exercise of functions
p.000289: 289
p.000289: 13 The Board may arrange for the exercise of any of its functions on its behalf by—
p.000289: (a) any non-executive member,
p.000289: (b) any employee (including any executive member), or
p.000289: (c) a committee or sub-committee.
p.000289: Provision of information to Secretary of State
p.000289: 14 (1) The Secretary of State may require the Board to provide the Secretary of State with such
p.000289: information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary
p.000289: of State in relation to the health service.
p.000289: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000289: may require.
p.000289: Accounts
p.000289: 15 (1) The Board must keep proper accounts and proper records in relation to the accounts.
p.000289: (2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—
p.000289: (a) the content and form of its accounts, and
p.000289: (b) the methods and principles to be applied in the preparation of its accounts.
p.000289: (3) In sub-paragraph (2) the reference to accounts includes a reference to the Board’s consolidated annual
p.000289: accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.
p.000289: (4) The chief executive of the Board is to be its accounting officer.
p.000289: Annual accounts
p.000289: 16 (1) The Board must prepare consolidated annual accounts in respect of each financial year.
p.000289: (2) The consolidated annual accounts must contain—
p.000289: (a) the Board’s annual accounts, and
p.000289: (b) a consolidation of the Board’s annual accounts and the annual accounts of each clinical commissioning
p.000289: group.
p.000289: (3) The Board must send copies of the consolidated annual accounts to—
p.000289: (a) the Secretary of State, and
p.000289: (b) the Comptroller and Auditor General,
p.000289: within such period after the end of the financial year to which the accounts relate as the Secretary of State may
p.000289: direct.
p.000289: (4) The Comptroller and Auditor General must—
p.000289: (a) examine, certify and report on the consolidated annual accounts, and
p.000289:
p.000290: 290
p.000290: Health and Social Care Act 2012 (c. 7)
p.000290: Schedule 1 — The National Health Service Commissioning Board
p.000290:
p.000290: (b) lay copies of the accounts and the report on them before Parliament.
p.000290: (5) In this paragraph, “financial year” includes the period which begins with the day on which the Board is
p.000290: established and ends on the following 31 March.
p.000290: Interim Accounts
p.000290: 17 (1) The Secretary of State may, with the approval of the Treasury, direct the Board to prepare
p.000290: accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
p.000290: (2) The interim accounts in respect of any period must contain—
p.000290: (a) the Board’s accounts in respect of that period, and
p.000290: (b) a consolidation of the Board’s accounts in respect of that period and any accounts of clinical commissioning
p.000290: groups in respect of that period which are prepared by virtue of paragraph 17(3) of Schedule 1A.
...

p.000293: status, privilege or immunity of the Crown.
p.000293: (3) The property of a clinical commissioning group is not to be regarded as property of, or property held on
p.000293: behalf of, the Crown.
p.000293: Staff
p.000293: 11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers
p.000293: appropriate.
p.000293: (2) A clinical commissioning group must—
p.000293: (a) pay its employees remuneration and travelling or other allowances in accordance with determinations made
p.000293: by its governing body under section 14L(3)(a), and
p.000293: (b) employ them on such other terms and conditions as it may determine.
p.000293: (3) A clinical commissioning group may, for or in respect of such of its employees as it may determine,
p.000293: make arrangements for providing pensions, allowances or gratuities.
p.000293: (4) Such arrangements may include the establishment and administration, by the clinical
p.000293: commissioning group or otherwise, of one or more pension schemes.
p.000293: (5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of
p.000293: pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning
p.000293: group’s employees who suffer loss of office or employment or loss or diminution of emoluments.
p.000293: Accountable officer
p.000293: 12 (1) A clinical commissioning group must have an accountable officer.
p.000293: (2) The accountable officer is to be appointed by the Board.
p.000293: (3) The Board may appoint a person to be the accountable officer for more than one clinical commissioning group (and
p.000293: in the following provisions of this paragraph such an appointment is referred to as a “joint appointment”).
p.000293: (4) The accountable officer may be—
p.000293: (a) an individual who is a member of the clinical commissioning group or of any body that is
p.000293: a member of the group or, in the case of a joint appointment, an individual who is a member of any of
p.000293: the groups in
p.000293:
p.000294: 294
p.000294: Health and Social Care Act 2012 (c. 7)
p.000294: Schedule 2 — Clinical commissioning groups
p.000294:
p.000294: question or of any body that is a member of any of those groups, or
p.000294: (b) an employee of the group or of any member of the group or, in the case of a joint appointment, an employee of
p.000294: any of the groups in question or of any member of those groups.
p.000294: (5) If the accountable officer is not an employee of the clinical commissioning group or, in the case of a
p.000294: joint appointment, of any of the groups in question, the group or any of the groups may pay remuneration and
p.000294: travelling or other allowances to the accountable officer in accordance with determinations made by its
p.000294: governing body under section 14L(3)(a).
p.000294: (6) A clinical commissioning group may, for or in respect of its accountable officer, make arrangements for
p.000294: providing pensions, allowances or gratuities.
p.000294: (7) The arrangements that may be made under sub-paragraph (6) include arrangements for the provision of
p.000294: pensions, allowances or gratuities by way of compensation to or in respect of the accountable
p.000294: officer where the officer suffers loss of office or loss or diminution of emoluments.
p.000294: (8) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
p.000294: arrangements that may be made under sub-paragraph (6) include arrangements for the accountable officer to be a
p.000294: member of the scheme.
p.000294: (9) The accountable officer is responsible for ensuring that the clinical commissioning group or, in the case of a
p.000294: joint appointment, each of the groups in question—
p.000294: (a) complies with its obligations under—
p.000294: (i) sections 14Q and 14R,
p.000294: (ii) sections 223H to 223J,
p.000294: (iii) paragraphs 17 to 19 of this Schedule, and
p.000294: (iv) any other provision of this Act specified in a document published by the Board for the purposes of this
p.000294: sub-paragraph, and
p.000294: (b) exercises its functions in a way which provides good value for money.
p.000294: Remuneration etc for members of governing bodies
p.000294: 13 (1) A clinical commissioning group may pay members of its governing body such remuneration
p.000294: and travelling or other allowances as it considers appropriate.
p.000294: (2) A clinical commissioning group may, for or in respect of such members of its governing body as it
p.000294: may determine, make arrangements for providing pensions, allowances or gratuities.
p.000294: (3) Such arrangements may include the establishment and administration, by the clinical
p.000294: commissioning group or otherwise, of one or more pension schemes.
p.000294:
p.000294: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000295: 295
p.000295: (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of
p.000295: pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body
p.000295: who suffer loss or diminution of emoluments.
p.000295: (5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
...

p.000309: the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge
p.000309: their functions relating to social services, education and public health.
p.000309: (9) The Board or a clinical commissioning group may arrange to make available to local authorities the services
p.000309: of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the
p.000309: clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to
p.000309: discharge their functions relating to social services, education and public health.
p.000309: (10) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical
p.000309: commissioning group includes a reference to arrangements so made by virtue of section 7A.”
p.000309: (11) In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
p.000309: (12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as
p.000309: inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care
p.000309: Trusts”.
p.000309:
p.000310: 310
p.000310: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000310: Part 3 — Local authorities
p.000310: 29 (1) Section 81 (conditions of supply under section 80) is amended as follows.
p.000310: (2) In subsection (1)—
p.000310: (a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer
p.000310: available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
p.000310: (b) in paragraph (a) for “the Secretary of State” substitute “the person”, and
p.000310: (c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the
p.000310: officer’s employer,”.
p.000310: (3) In subsection (2)—
p.000310: (a) for “The Secretary of State” substitute “The person concerned”, and
p.000310: (b) for “he” substitute “it”.
p.000310: (4) In subsection (3)—
p.000310: (a) omit “Strategic Health Authorities,”, and
p.000310: (b) omit “Primary Care Trusts,”.
p.000310: (5) In subsection (4) for “the Secretary of State” substitute “the person who makes the services
p.000310: available”.
p.000310: (6) In subsection (5) —
p.000310: (a) for the words from the beginning to “section 80(6)” substitute “A person who makes services or
p.000310: facilities available under section 80(6) or (6A) may make such charges in respect of them”, and
p.000310: (b) for “the Secretary of State” substitute “the person”.
p.000310: PART 4 MEDICAL SERVICES
p.000310: 30 (1) Section 83 (duty relating to primary medical services) is amended as follows.
p.000310: (2) For subsections (1) and (2) substitute—
p.000310: “(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its
p.000310: powers so as to secure the provision of primary medical services throughout England.
p.000310: (2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of
p.000310: primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any
p.000310: person.
p.000310: (2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance
p.000310: of a service outside England.”
p.000310: (3) In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”.
p.000310: (4) Omit subsection (4).
p.000310: (5) For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical
p.000310: services”.
...

p.000334: National Assistance Act 1948 (c. 29)
p.000334: 2 The National Assistance Act 1948 is amended as follows.
p.000334: 3 (1) Section 24 (local authority’s liability for provision of accommodation) is amended as follows.
p.000334: (2) In subsections (6A) and (6B)—
p.000334: (a) after “by a” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334: (3) After subsection (6B), insert—
p.000334: “(6C) The references in subsections (6A) and (6B) to a clinical commissioning group
p.000334: are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983,
p.000334: to be read as references to the National Health Service Commissioning Board.”
p.000334: 4 In section 26 (provision of accommodation in premises maintained by voluntary organisations), in
p.000334: subsection (1C)—
p.000334: (a) after “such” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334:
p.000334: Health and Social Care Act 2012 (c. 7)
p.000334: Schedule 5 — Part 1: amendments of other enactments
p.000334: Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
p.000335: 335
p.000335: 5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
p.000335: (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
p.000335: (a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service
p.000335: Commissioning Board, a clinical commissioning group,”,
p.000335: (b) in that column, omit “a Strategic Health Authority,”,
p.000335: (c) in the second column (headed “paying authority”), after “The” insert “National Health Service
p.000335: Commissioning Board, clinical commissioning group,”, and
p.000335: (d) in that column, omit “Strategic Health Authority,”.
p.000335: Public Records Act 1958 (c. 51)
p.000335: 6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in
p.000335: paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
p.000335: (a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical
p.000335: commissioning groups,”,
p.000335: (b) after “records of trust property passing to” insert “the National Health Service Commissioning
p.000335: Board, a clinical commissioning group,”,
p.000335: (c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or
p.000335: section 300 of the Health and Social Care Act 2012”,
p.000335: (d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
p.000335: and
p.000335: (e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or
p.000335: paragraph 20 of Schedule 1A to, that Act, or under”.
p.000335: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
...

p.000415: substitute “the Council”, and
p.000415: (d) in paragraph (c), for “the authority” substitute “the Council”.
p.000415: 33 (1) Paragraph 7 (remuneration and allowances) is amended as follows.
p.000415: (2) In sub-paragraph (1)—
p.000415: (a) for “An authority” substitute “The Welsh Council”,
p.000415:
p.000416: 416
p.000416: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000416: The General Social Care Council
p.000416:
p.000416: (b) for “the authority”, in each place it appears, substitute “the Council”, and
p.000416: (c) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: (3) In sub-paragraph (2)—
p.000416: (a) for “the Secretary of State so determines” substitute “the Welsh Ministers so determine”,
p.000416: (b) for “an authority”, in each place it appears, substitute “the Council”, and
p.000416: (c) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: (4) In sub-paragraph (3)—
p.000416: (a) for “the Secretary of State determines” substitute “the Welsh Ministers determine”,
p.000416: (b) for “an authority” substitute “the Council”,
p.000416: (c) for “the authority” substitute “the Council”, and
p.000416: (d) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: 34 (1) Paragraph 8 (chief officer) is amended as follows.
p.000416: (2) In sub-paragraph (1)—
p.000416: (a) for “each authority” substitute “the Welsh Council”, and
p.000416: (b) for “the authority”, in each place it appears, substitute “the Council”.
p.000416: (3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”.
p.000416: (4) In sub-paragraph (3), for “the authority” substitute “the Council”.
p.000416: (5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: 35 (1) Paragraph 12 (staff) is amended as follows.
p.000416: (2) In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.
p.000416: (3) In sub-paragraph (2)—
p.000416: (a) for “an authority” substitute “the Council”, and
p.000416: (b) for “the authority” substitute “the Council”.
p.000416: (4) In sub-paragraph (3), for “an authority” substitute “the Council”.
p.000416: (5) In sub-paragraph (4)—
p.000416: (a) for “Secretary of State” substitute “Welsh Ministers”,
p.000416: (b) in paragraph (a), for “an authority” substitute “the Council”, and
p.000416: (c) in paragraph (c), for “the authority” substitute “the Council”.
p.000416: 36 (1) Paragraph 13 (delegation of functions) is amended as follows.
p.000416: (2) In sub-paragraph (1)—
...

p.000417: (c) for “he” substitute “they”.
p.000417: (4) In sub-paragraph (3), for “the authority” substitute “the Council”.
p.000417: 41 In paragraph 20 (application of seal)—
p.000417: (a) for “an authority” substitute “the Welsh Council”, and
p.000417: (b) in paragraphs (a) and (b), for “the authority” substitute “the Council”.
p.000417:
p.000418: 418
p.000418: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000418: The General Social Care Council
p.000418: 42 In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
p.000418: 43 For the title to Schedule 1 substitute “The Welsh Council”.
p.000418: Amendments to the Health and Social Care Act 2008 (c. 14)
p.000418: 44 The Health and Social Care Act 2008 is amended as follows.
p.000418: 45 (1) In section 124 (regulation of social care workers)—
p.000418: (a) in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
p.000418: (b) in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
p.000418: (c) in subsection (3), omit the definition of “the appropriate Minister”.
p.000418: (2) For the title to that section substitute “Regulation of social care workers: Wales”.
p.000418: 46 Section 125 (standard of proof in proceedings relating to registration of social care worker)—
p.000418: (a) in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the
p.000418: Care Council for Wales, a committee of the Council or any officer of the Council”, and
p.000418: (b) in subsection (3), omit paragraph (a).
p.000418: 47 (1) Section 126 (education and training of approved mental health professionals) is
p.000418: amended as follows.
p.000418: (2) In subsection (1)—
p.000418: (a) for “appropriate Minister” substitute “Welsh Ministers”, and
p.000418: (b) omit “the General Social Care Council or”.
p.000418: (3) In subsection (4), omit the definition of “the appropriate Minister”.
p.000418: (4) For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
p.000418: 48 In section 171(4) (provisions which Welsh Ministers have power to commence), before
p.000418: paragraph (a) insert—
p.000418: “(za) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and
p.000418: training of approved mental health professionals: Wales),”.
p.000418: 49 (1) Schedule 9 (regulation of social care workers) is amended as follows.
p.000418: (2) In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
p.000418: ““the Council” means the Care Council for Wales.”
p.000418: (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for
p.000418: “the appropriate Council” substitute “the Council”.
p.000418: (4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
...

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p.000047: (b) that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its
p.000047: functions.
p.000047: (2) For the purposes of this section—
p.000047: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000047: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000047: considers to be the interests of the health service.
p.000047: 14Z18 Power to require documents and information etc.
p.000047: (1) Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board
p.000047: any information, documents, records or other items that the Board considers it necessary or
p.000047: expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.
p.000047: (2) The persons mentioned in this subsection are—
p.000047: (a) the clinical commissioning group if it has possession or control of the item in question;
p.000047: (b) any member or employee of the group who has possession or control of the item in question.
p.000047: (3) A person must comply with a requirement imposed under subsection (1).
p.000047: (4) The power conferred by subsection (1) includes power to require that any information, documents or records kept
p.000047: by means of a computer be provided in legible form.
p.000047:
p.000047: Health and Social Care Act 2012 (c. 7)
p.000049: 49
p.000049: Part 1 — The health service in England
p.000049:
p.000049: (5) The power conferred by subsection (1) does not include power to require the provision of personal
p.000049: records.
p.000049: (6) In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence
p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
...

p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
p.000211: (6) The imposition of such conditions must be with a view to—
...

p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
p.000343: (b) in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State,
p.000343: the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000343: Service Act 2006 or”.
p.000343: 51 In section 27 (co-operation between authorities), in subsection (3)—
p.000343: (a) after paragraph (c) insert—
p.000343: “(ca) the National Health Service Commissioning Board;”, and
p.000343: (b) in paragraph (d)—
...

Social / Property Ownership

Searching for indicator home:

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p.000213: necessary or expedient for the purpose of securing or improving the regulation of the profession or the services
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
...

p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
p.000345: (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a
p.000345: clinical commissioning group under the National Health Service Act 2006 include references to arrangements
p.000345: so made by virtue of section 7A of that Act.”
p.000345: Local Government and Housing Act 1989 (c. 42)
p.000345: 57 In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in
p.000345: subsection (6), after paragraph (za) insert—
p.000345: “(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.
p.000345: National Health Service and Community Care Act 1990 (c. 19)
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
...

p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
p.000358: (b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and
p.000358: (c) after subsection (6) insert—
p.000358: “(6A) In subsections (1) and (4), “the responsible authority” means—
p.000358: (a) in relation to the provision of the services of independent mental capacity advocates in the
p.000358: area of a local authority in England, that local authority, and
p.000358: (b) in relation to the provision of the services of independent mental capacity advocates in Wales,
p.000358: the Welsh Ministers.
p.000358: (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it
p.000358: does not include the council of a county or county borough in Wales.”
p.000358: 135 In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after
p.000358: “except in” insert “section 35(6A)(a) and”.
p.000358: 136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
p.000358: (2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
p.000358: (a) in paragraph (a) omit “Primary Care Trust,”,
p.000358: (b) in that paragraph omit “Strategic Health Authority,”,
p.000358: (c) after that paragraph insert—
p.000358: “(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special
p.000358: Health Authority has responsibility for its administration, the Secretary of State;”, and
p.000358: (d) in paragraph (b) omit “Primary Care Trust,”.
p.000358: (3) In paragraph 180 (supervisory bodies: hospitals in England)—
p.000358: (a) for sub-paragraph (2) substitute—
p.000358: “(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body
p.000358: are that local authority.”,
p.000358: (b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England
p.000358: and”,
p.000358: (c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
p.000358: (d) after sub-paragraph (4) insert—
p.000358: “(4A) “Local authority” means—
p.000358: (a) the council of a county;
p.000358: (b) the council of a district for which there is no county council;
p.000358: (c) the council of a London borough;
...

Searching for indicator property:

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p.000002: 282 The NHS Institute for Innovation and Improvement
p.000002: 283 Standing advisory committees
p.000002: PART 11
p.000002: MISCELLANEOUS
p.000002:
p.000002: Information relating to births and deaths etc.
p.000002: 284 Special notices of births and deaths
p.000002: 285 Provision of information by Registrar General
p.000002: 286 Provision of information by Registrar General: Wales
p.000002: 287 Provision of statistical information by Statistics Board
p.000002:
p.000002: Duties to co-operate
p.000002: 288 Monitor: duty to co-operate with Care Quality Commission
p.000002: 289 Care Quality Commission: duty to co-operate with Monitor
p.000002: 290 Other duties to co-operate
p.000002: 291 Breaches of duties to co-operate
p.000002:
p.000002: The Care Quality Commission
p.000002: 292 Requirement for Secretary of State to approve remuneration policy etc.
p.000002: 293 Conduct of reviews etc.
p.000002: 294 Failure to discharge functions
p.000002:
p.000002: Arrangements with devolved authorities etc.
p.000002: 295 Arrangements between the Board and Northern Ireland Ministers
p.000002: 296 Arrangements between the Board and Scottish Ministers etc.
p.000002: 297 Relationships between the health services
p.000002: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000002:
p.000002: xii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Supervised community treatment under the Mental Health Act 1983
p.000002: 299 Certificate of consent of community patients to treatment
p.000002:
p.000002: Transfer schemes
p.000002: 300 Transfer schemes
p.000002: 301 Transfer schemes: supplemental
p.000002: 302 Subsequent property transfer schemes
p.000002: PART 12
p.000002: FINAL PROVISIONS
p.000002: 303 Power to make consequential provision
p.000002: 304 Regulations, orders and directions
p.000002: 305 Financial provision
p.000002: 306 Commencement
p.000002: 307 Commencement: consultation with Scottish Ministers
p.000002: 308 Extent
p.000002: 309 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — The National Health Service Commissioning Board Schedule 2 — Clinical commissioning groups
p.000002: Schedule 3 — Pharmaceutical remuneration
p.000002: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000002: Part 2 — NHS Bodies Part 3 — Local authorities Part 4 — Medical services Part 5 — Dental services
p.000002: Part 6 — Ophthalmic services Part 7 — Pharmaceutical services Part 8 — Charging
p.000002: Part 9 — Fraud etc.
p.000002: Part 10 — Property and finance
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
p.000002: commissioning groups and to make other provision about the National Health Service in England; to make
p.000002: provision about public health in the United Kingdom; to make provision about regulating health
p.000002: and adult social care services; to make provision about public involvement in health and social care
p.000002: matters, scrutiny of health matters by local authorities and co-operation between local authorities and
p.000002: commissioners of health care services; to make provision about regulating health and social care workers;
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
...

p.000023: (2) A pooled fund is a fund—
p.000023: (a) which is made up of contributions by the bodies which established it, and
p.000023: (b) out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the
p.000023: discharge of any of their commissioning functions.
p.000023: (3) In this section, “commissioning functions” means functions in arranging for the provision of
p.000023: services as part of the health service.
p.000023: 13W Board’s power to generate income, etc.
p.000023: (1) The Board has power to do anything specified in section 7(2) of the Health and Medicines Act 1988
p.000023: (provision of goods, services, etc.) for the purpose of making additional income available for improving the health
p.000023: service.
p.000023: (2) The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any
p.000023: significant extent interfere with the performance by the Board of its functions.
p.000023: 13X Power to make grants etc.
p.000023: (1) The Board may make payments by way of grant or loan to a voluntary organisation which provides or arranges for
p.000023: the provision of services which are similar to the services in respect of which the Board has functions.
p.000023: (2) The payments may be made subject to such terms and conditions as the Board considers appropriate.
p.000023:
p.000023: Health and Social Care Act 2012 (c. 7)
p.000025: 25
p.000025: Part 1 — The health service in England
p.000025: 13Y Board’s incidental powers: further provision
p.000025: The power conferred on the Board by section 2 includes, in particular, power to—
p.000025: (a) enter into agreements,
p.000025: (b) acquire and dispose of property, and
p.000025: (c) accept gifts (including property to be held on trust for the purposes of the Board).
p.000025:
p.000025: Exercise of functions of Board
p.000025: 13Z Exercise of functions
p.000025: (1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed
p.000025: provision of any other Act.
p.000025: (2) The Board may arrange for any such function to be exercised by or jointly with—
p.000025: (a) a Special Health Authority,
p.000025: (b) a clinical commissioning group, or
p.000025: (c) such other body as may be prescribed.
p.000025: (3) Regulations may provide that the power in subsection (2) does not apply in relation to a function of a
p.000025: prescribed description.
p.000025: (4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body,
p.000025: they may be exercised by a joint committee of the Board and the other body.
p.000025: (5) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000025: agreed between the Board and the other party to the arrangements.
p.000025: (6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its
p.000025: functions.
p.000025:
p.000025: Power to confer additional functions
p.000025: 13Z1 Power to confer additional functions on the Board
p.000025: (1) Regulations may provide that the Board is to have such additional functions in relation to the
p.000025: health service as may be specified in the regulations.
p.000025: (2) A function may be specified in regulations under subsection (1) only if the function is connected to another
p.000025: function of the Board.
p.000025:
p.000025: Intervention powers
...

p.000034: 14G Mergers
p.000034: (1) Two or more clinical commissioning groups may apply to the Board for—
p.000034: (a) those groups to be dissolved, and
p.000034: (b) another clinical commissioning group to be established under this section.
p.000034: (2) An application under this section must be accompanied by—
p.000034: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000034: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer, and
p.000034: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000034: (3) The applicants may, with the agreement of the Board, modify the application or the proposed
p.000034: constitution at any time before the Board determines the application.
p.000034: (4) Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an
p.000034: application under section 14B.
p.000034: 14H Dissolution
p.000034: (1) A clinical commissioning group may apply to the Board for the group to be dissolved.
p.000034: (2) Regulations may make provision—
p.000034: (a) as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this
p.000034: section;
p.000034: (b) as to factors which the Board must or may take into account in determining whether to grant such applications;
p.000034: (c) as to the procedure for the making and determination of such applications.
p.000034:
p.000034: Supplemental provision about applications, variation, mergers etc.
p.000034: 14I Transfers in connection with variation, merger, dissolution etc.
p.000034: (1) The Board may make a property transfer scheme or a staff transfer scheme in connection with—
p.000034: (a) the variation of the constitution of a clinical commissioning group under section 14E or 14F, or
p.000034: (b) the dissolution of a clinical commissioning group under section 14G or 14H.
p.000034:
p.000034: Health and Social Care Act 2012 (c. 7)
p.000035: 35
p.000035: Part 1 — The health service in England
p.000035:
p.000035: (2) A property transfer scheme is a scheme for the transfer from the clinical commissioning group of any property,
p.000035: rights or liabilities, other than rights or liabilities under or in connection with a contract of
p.000035: employment, to the Board or another clinical commissioning group.
p.000035: (3) A staff transfer scheme is a scheme for the transfer from the clinical commissioning group of any rights or
p.000035: liabilities under or in connection with a contract of employment to the Board or another clinical
p.000035: commissioning group.
p.000035: (4) Part 3 of Schedule 1A makes further provision about property transfer schemes and staff transfer schemes.
p.000035: 14J Publication of constitution of clinical commissioning groups
p.000035: (1) A clinical commissioning group must publish its constitution.
p.000035: (2) If the constitution of a clinical commissioning group is varied under section 14E or 14F, the group must publish
p.000035: the constitution as so varied.
p.000035: 14K Guidance about the establishment of clinical commissioning groups etc.
p.000035: The Board may publish guidance as to—
p.000035: (a) the making of applications under section 14B for the establishment of a clinical
p.000035: commissioning group, including guidance on the form, content or publication of the proposed constitution;
p.000035: (b) the making of applications under section 14E, 14G or 14H;
p.000035: (c) the publication of the constitutions of clinical commissioning groups under section 14J.
p.000035:
p.000035: Governing bodies of clinical commissioning groups
p.000035: 14L Governing bodies of clinical commissioning groups
p.000035: (1) A clinical commissioning group must have a governing body.
p.000035: (2) The main function of the governing body is to ensure that the group has made appropriate arrangements for
p.000035: ensuring that it complies with—
p.000035: (a) its obligations under section 14Q, and
p.000035: (b) such generally accepted principles of good governance as are relevant to it.
p.000035: (3) The governing body also has—
p.000035: (a) the function of determining the remuneration, fees and allowances payable to the
p.000035: employees of the clinical commissioning group or to other persons providing services to it,
p.000035: (b) the function of determining the allowances payable under a pension scheme established under paragraph
...

p.000050: (7) The Board may dissolve the clinical commissioning group.
p.000050: (8) Where a direction is given under subsection (3) the Board may—
p.000050: (a) exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning
p.000050: group or (as the case may be) the accountable officer;
p.000050: (b) direct another clinical commissioning group or (as the case may be) the accountable officer of another
p.000050: clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the
p.000050: accountable officer, in such manner and within such period or periods as may be specified in the directions.
p.000050: (9) A clinical commissioning group to which a direction is given under subsection (3) must—
p.000050: (a) where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board,
p.000050: and
p.000050: (b) where a direction is given under subsection (8)(b) to another clinical commissioning group or to
p.000050: the accountable officer of another clinical commissioning group, co-operate with the other group or (as the
p.000050: case may be) the accountable officer.
p.000050: (10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning
p.000050: group to which it is proposing to give the direction.
p.000050: (11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property
p.000050: transfer scheme or a staff transfer scheme.
p.000050: (12) In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in
p.000050: section 14I.
p.000050: (13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under
p.000050: subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme
p.000050: under section 14I(1).
p.000050: (14) For the purposes of this section—
p.000050: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000050: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000050: considers to be the interests of the health service.
p.000050:
p.000050: Procedural requirements in connection with certain powers
p.000050: 14Z22 Procedural requirements in connection with certain powers
p.000050: (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must
p.000050: consult the following persons—
p.000050:
p.000050: Health and Social Care Act 2012 (c. 7)
p.000051: 51
p.000051: Part 1 — The health service in England
p.000051:
p.000051: (a) the clinical commissioning group,
p.000051: (b) relevant local authorities, and
p.000051: (c) any other persons the Board considers it appropriate to consult.
p.000051: (2) For that purpose, the Board must provide those persons with a statement—
p.000051: (a) explaining that it is proposing to exercise the power, and
p.000051: (b) giving its reasons for doing so.
p.000051: (3) After consulting those persons (and before exercising the power), the Board must publish a report containing its
p.000051: response to the consultation.
p.000051: (4) If the Board decides to exercise the power, the report must, in particular, explain its reasons for
p.000051: doing so.
p.000051: (5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the
p.000051: powers conferred by sections 14Z18, 14Z19 and 14Z21.
p.000051: (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
...

p.000081: period.”
p.000081: (5) After subsection (2A) insert—
p.000081: “(2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this
p.000081: section.
p.000081:
p.000081: 82 Health and Social
p.000081: Care Act 2012 (c. 7)
p.000081: Part 1 — The health service in England
p.000081:
p.000081: (2C) The Secretary of State may give directions to the Board about its exercise of any functions that
p.000081: are the subject of a direction under subsection (2B).
p.000081: (2D) In this section, “specified” means specified in the direction.”
p.000081: (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
p.000081: (7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection
p.000081: (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
p.000081:
p.000081: Miscellaneous
p.000081:
p.000081: 48 New Special Health Authorities
p.000081: (1) After section 28 of the National Health Service Act 2006 (special health authorities) insert—
p.000081: “28A Special Health Authorities: further provision
p.000081: (1) This section applies in relation to an order under section 28 which is made after the coming into force of
p.000081: section 48 of the Health and Social Care Act 2012.
p.000081: (2) The order must include—
p.000081: (a) provision for the abolition of the Special Health Authority on a day specified in the order, and
p.000081: (b) provision as to the transfer of officers, property and liabilities of the Authority on its abolition.
p.000081: (3) The day specified in accordance with subsection (2)(a) must be within the period of 3 years beginning with
p.000081: the day on which the Special Health Authority is established.
p.000081: (4) The power (by virtue of section 273(1)) to vary an order under section 28 includes power to vary the provision
p.000081: mentioned in subsection (2) by—
p.000081: (a) providing for the abolition of the Special Health Authority on a day which is earlier or later than the
p.000081: day for the time being specified in the order;
p.000081: (b) making different provision as to the matters mentioned in subsection (2)(b).
p.000081: (5) If an order is varied to provide for the abolition of the Special Health Authority on a later day, that day must
p.000081: be within the period of 3 years beginning with the day on which the Special Health Authority would (but for the
p.000081: variation) have been abolished.”
p.000081: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after
p.000081: paragraph (zb) insert—
p.000081: “(zc) an order under section 28 which varies such an order as mentioned in section 28A(5),”.
p.000081:
p.000081: Health and Social Care Act 2012 (c. 7)
p.000083: 83
p.000083: Part 1 — The health service in England
p.000083:
p.000083: 49 Primary care services: directions as to exercise of functions
p.000083: (1) After section 98 of the National Health Service Act 2006 insert—
p.000083:
p.000083: “Directions
p.000083: 98A Exercise of functions
...

p.000112: (4) A condition under subsection (1)(d)—
p.000112: (a) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to
p.000112: be an NHS trust established under section 25 of the National Health Service Act 2006, and
p.000112: (b) ceases to have effect at the end of the period of five years beginning with the day on which it is included in
p.000112: the licence.
p.000112: (5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference
p.000112: to part of the activities concerned.
p.000112: (6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to
p.000112: the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a
p.000112: business.
p.000112: (7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect,
p.000112: at such times and in such circumstances as may be determined by or under the conditions.
p.000112:
p.000112: 98 Conditions relating to the continuation of the provision of services etc.
p.000112: (1) The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in
p.000112: particular—
p.000112: (a) providing information to the commissioners of services to which the condition applies and to such other persons
p.000112: as Monitor may direct,
p.000112: (b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and
p.000112: anything on them, and
p.000112: (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s
p.000112: affairs, business and property.
p.000112: (2) A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate
p.000112: with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed
p.000112: to provide.
p.000112:
p.000112: Health and Social Care Act 2012 (c. 7)
p.000112: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000113: 113
p.000113:
p.000113: (3) Where a licence includes a condition under section 97(1)(i), (j) or (k), Monitor must carry out an ongoing
p.000113: assessment of the risks to the continued provision of services to which the condition applies.
p.000113: (4) Monitor must publish guidance—
p.000113: (a) for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies
p.000113: about the exercise of their functions in connection with the licence holders who provide the service, and
p.000113: (b) for such licence holders about the conduct of their affairs, business and property at a time at which such a
p.000113: condition applies.
p.000113: (5) A commissioner of services to which a condition under section 97(1)(i), (j), or
p.000113: (k) applies must have regard to guidance under subsection (4)(a).
p.000113: (6) Monitor may revise guidance under subsection (4) and, if it does so, must publish the guidance as
p.000113: revised.
p.000113: (7) Before publishing guidance under subsection (4) or (6), Monitor must obtain the approval of—
p.000113: (a) the Secretary of State, and
p.000113: (b) the National Health Service Commissioning Board.
p.000113:
p.000113: 99 Notification of commissioners where continuation of services at risk
p.000113: (1) This section applies where Monitor—
p.000113: (a) takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i),
p.000113: (j) or (k), and
p.000113: (b) does so because it is satisfied that the continued provision for the purposes of the NHS of health
p.000113: care services to which that condition applies is being put at significant risk by the configuration of certain health
p.000113: care services provided for those purposes.
p.000113: (2) In subsection (1), a reference to the provision of services is a reference to their provision by the licence
p.000113: holder or any other provider.
p.000113: (3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning
p.000113: Board and such clinical commissioning groups as Monitor considers appropriate—
p.000113: (a) of the action it has taken, and
p.000113: (b) of its reasons for being satisfied as mentioned in subsection (1)(b).
...

p.000133: regard to it in arranging for the provision of health care services for the purposes of the NHS.
p.000133:
p.000133: 127 Correction of mistakes
p.000133: (1) This section applies where the national tariff contains information that does not accord with—
p.000133:
p.000134: 134
p.000134: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000134: Chapter 4 — Pricing
p.000134:
p.000134: (a) what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
p.000134: (b) where the matter was determined by arbitration, what was determined.
p.000134: (2) Monitor must send a notice to—
p.000134: (a) each clinical commissioning group,
p.000134: (b) each relevant provider, and
p.000134: (c) such other persons as Monitor considers appropriate.
p.000134: (3) Monitor must also publish the notice.
p.000134: (4) The notice must specify—
p.000134: (a) the information that does not accord with what was agreed or determined,
p.000134: (b) the correction required to make the information so accord, and
p.000134: (c) the date on which the correction is to take effect.
p.000134: (5) A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
p.000134: (6) In this section, “relevant provider” has the meaning given in section 118(14).
p.000134:
p.000134: CHAPTER 5
p.000134: HEALTH SPECIAL ADMINISTRATION
p.000134:
p.000134: 128 Health special administration orders
p.000134: (1) In this Chapter “health special administration order” means an order which—
p.000134: (a) is made by the court in relation to a relevant provider, and
p.000134: (b) directs that the affairs, business and property of the provider are to be managed by one or more persons
p.000134: appointed by the court.
p.000134: (2) An application to the court for a health special administration order may be made only by Monitor.
p.000134: (3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health
p.000134: special administrator”.
p.000134: (4) A health special administrator of a company—
p.000134: (a) is an officer of the court, and
p.000134: (b) in exercising functions in relation to the company, is the company’s agent.
p.000134: (5) A person is not to be the health special administrator of a company unless the person is qualified to act
p.000134: as an insolvency practitioner in relation to the company.
p.000134: (6) A health special administrator of a relevant provider must manage its affairs, business and property, and
p.000134: exercise the health special administrator’s functions, so as to—
p.000134: (a) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
p.000134: (b) in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services
p.000134: provided by the provider is carried on in accordance with any requirements or conditions imposed in
p.000134:
p.000134: Health and Social Care Act 2012 (c. 7)
p.000134: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000135: 135
p.000135:
p.000135: respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
p.000135: (c) so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the
p.000135: provider as a whole, and
p.000135: (d) so far as is consistent with that objective and subject to those interests, protect the interests of the members
p.000135: of the provider as a whole.
p.000135: (7) In relation to a health special administration order applying to a non-GB company, references in this
p.000135: Chapter to the affairs, business and property of the company are references only to its affairs and business so far as
p.000135: carried on in Great Britain and to its property in Great Britain.
p.000135: (8) In this section—
p.000135: (a) a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be
p.000135: construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and
p.000135: their qualifications);
p.000135: (b) “regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of
p.000135: that Act).
p.000135: (9) In this Chapter—
p.000135: “business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that
p.000135: Act);
p.000135: “company” includes a company not registered under the Companies Act 2006;
p.000135: “court”, in relation to a company, means the court—
p.000135: (a) having jurisdiction to wind up the company, or
p.000135: (b) that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986
p.000135: (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of
p.000135: business in, Northern Ireland);
p.000135: “member” is to be read in accordance with section 250 of the Insolvency Act 1986;
p.000135: “non-GB company” means a company incorporated outside Great Britain; “relevant provider” means a company which is
p.000135: providing services to which a condition included in the company’s licence under section
p.000135: 97(1)(i), (j) or (k) applies;
p.000135: “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
p.000135:
p.000135: 129 Objective of a health special administration
p.000135: (1) The objective of a health special administration is to secure—
p.000135: (a) the continued provision of such of the health care services provided for the purposes of the NHS by the company
p.000135: subject to the health special administration order, at such level, as the commissioners of those services
p.000135: determine by applying criteria specified in health special administration regulations (see section 130), and
p.000135: (b) that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special
p.000135: administration order to remain in force for that purpose.
p.000135: (2) Those means are—
p.000135:
p.000136: 136
...

p.000136: company’s members as a whole that is better than the result that would be produced without them.
p.000136:
p.000136: 130 Health special administration regulations
p.000136: (1) Regulations (referred to in this Chapter as “health special administration regulations”) must make
p.000136: further provision about health special administration orders.
p.000136: (2) Health special administration regulations may apply with or without modifications—
p.000136: (a) any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and
p.000136: (b) any other enactment which relates to insolvency or administration or makes provision by reference to anything
p.000136: that is or may be done under that Act.
p.000136: (3) Health special administration regulations may, in particular, provide that the court may make a health special
p.000136: administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State
p.000136: under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be
p.000136: just and equitable (disregarding the objective of the health special administration) to wind up the provider in the
p.000136: public interest.
p.000136: (4) Health special administration regulations may make provision about—
p.000136:
p.000136: Health and Social Care Act 2012 (c. 7)
p.000136: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000137: 137
p.000137:
p.000137: (a) the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and
p.000137: (b) the enforcement of security over property of relevant providers.
p.000137: (5) Health special administration regulations may, in particular, make provision about the publication and
p.000137: maintenance by Monitor of a list of relevant providers.
p.000137: (6) Health special administration regulations may in particular—
p.000137: (a) require Monitor to publish guidance for commissioners about the application of the criteria referred to
p.000137: in section 129(1)(a);
p.000137: (b) confer power on Monitor to revise guidance published by virtue of paragraph (a) and require it to
p.000137: publish guidance so revised;
p.000137: (c) require Monitor, before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the
p.000137: Secretary of State and the National Health Service Commissioning Board;
p.000137: (d) require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such
p.000137: matters as Monitor may specify in guidance published by virtue of paragraph (a) or (b);
p.000137: (e) require the National Health Service Commissioning Board to make arrangements for facilitating
p.000137: agreement between commissioners in their exercise of their function under section 129(1)(a);
p.000137: (f) confer power on the Board, where commissioners fail to reach agreement in pursuance of
p.000137: arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
p.000137: (g) provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function
p.000137: under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as
p.000137: discharged;
p.000137: (h) require a health special administrator to carry out in accordance with the regulations consultation on the
...

p.000138: special administration
p.000138:
p.000138: (c) references in section 411 of that Act to those Parts are to be read as including a reference to
p.000138: this Chapter.
p.000138: (11) Before making health special administration regulations the Secretary of State must consult—
p.000138: (a) Monitor, and
p.000138: (b) such other persons as the Secretary of State considers appropriate.
p.000138:
p.000138: 131 Transfer schemes
p.000138: (1) Health special administration regulations may make provision about transfer schemes to achieve the objective
p.000138: of a health special administration (see section 129).
p.000138: (2) Health special administration regulations may, in particular, include provision—
p.000138: (a) for the making of a transfer scheme to be subject to the consent of Monitor and the person to whom
p.000138: the transfer is being made,
p.000138: (b) for Monitor to have power to modify a transfer scheme with the consent of parties to the transfers effected by
p.000138: the scheme, and
p.000138: (c) for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as Monitor
p.000138: may specify (which may be a time before the modifications were made).
p.000138: (3) Health special administration regulations may, in particular, provide that a transfer scheme may
p.000138: include provision—
p.000138: (a) for the transfer of rights and liabilities under or in connection with a contract of employment from a
p.000138: company subject to a health special administration order to another person,
p.000138: (b) for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a
p.000138: company subject to a health special administration order to another person,
p.000138: (c) for the transfer of property, rights and liabilities which would not otherwise be capable of being
p.000138: transferred or assigned,
p.000138: (d) for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,
p.000138: (e) for the creation of interests or rights, or the imposition of liabilities, and
p.000138: (f) for the transfer, or concurrent exercise, of functions under enactments.
p.000138:
p.000138: 132 Indemnities
p.000138: Health special administration regulations may make provision about the giving by Monitor of indemnities in
p.000138: respect of—
p.000138: (a) liabilities incurred in connection with the discharge by health special administrators of their functions, and
p.000138: (b) loss or damage sustained in that connection.
p.000138:
p.000138: 133 Modification of this Chapter under Enterprise Act 2002
p.000138: (1) The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the
p.000138: Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of provision
p.000138: made
p.000138:
p.000138: Health and Social Care Act 2012 (c. 7)
p.000138: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000139: 139
p.000139:
p.000139: by virtue of this Chapter as the Secretary of State considers appropriate in connection with any other
p.000139: provision made under that section.
p.000139: (2) Those sections are—
p.000139: (a) sections 248 and 277 (amendments consequential on that Act), and
p.000139: (b) section 254 (power to apply insolvency law to foreign companies).
p.000139:
p.000139: CHAPTER 6
p.000139: FINANCIAL ASSISTANCE IN SPECIAL ADMINISTRATION CASES
p.000139:
p.000139: Establishment of mechanisms
p.000139:
p.000139: 134 Duty to establish mechanisms for providing financial assistance
p.000139: (1) Monitor must establish, and secure the effective operation of, one or more mechanisms for providing
...

p.000159: having been issued), and
p.000159: (c) in the case of a grant or other payment, the terms on which it was made.
p.000159: (7) In relation to each loan made under that subsection during a previous financial year but not repaid by the
p.000159: beginning of the year to which the report relates, the report must specify—
p.000159: (a) the amount outstanding at the beginning of the year,
p.000159:
p.000160: 160
p.000160: Health and Social Care Act 2012 (c. 7)
p.000160: Part 4 — NHS foundation trusts & NHS trusts
p.000160:
p.000160: (b) the amount (if any) outstanding at the end of the year, and
p.000160: (c) the other terms on which the loan was made.
p.000160: (8) A report under subsection (5) must, in relation to each NHS foundation trust, specify—
p.000160: (a) the amount of the public dividend capital of that trust at the end of the year to which the report relates, and
p.000160: (b) the conditions on which it is held.
p.000160: (9) The Secretary of State must publish a report under subsection (5).”
p.000160: (2) Omit section 41 of that Act (prudential borrowing code).
p.000160: (3) In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation
p.000160: trust to be same as that payable by NHS trust).
p.000160: (4) Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator).
p.000160: (5) At the end of that section insert—
p.000160: “(7) The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS
p.000160: foundation trust to do any of the following will be subject as a consequence—
p.000160: (a) providing goods or services,
p.000160: (b) borrowing or investing money,
p.000160: (c) providing financial assistance,
p.000160: (d) acquiring or disposing of property,
p.000160: (e) entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to
p.000160: (d),
p.000160: (f) applying for dissolution (whether or not when also applying for the establishment of one or more other trusts),
p.000160: (g) applying to acquire another body.”
p.000160: (6) After that section insert—
p.000160: “42A Criteria for making loans etc.
p.000160: (1) The Secretary of State must publish guidance on the powers conferred by sections 40 and 42.
p.000160: (2) The guidance on the power to make a loan under section 40(1) must in particular—
p.000160: (a) explain that, in exercising the power, the Secretary of State will apply the principle that a loan should be
p.000160: made only where there is a reasonable expectation that it will be repaid in accordance with the terms on which it is
p.000160: made;
p.000160: (b) include other criteria that the Secretary of State will apply when determining whether to exercise the power
p.000160: and, if so, the terms on which to make the loan.
p.000160: (3) The guidance on that power must also explain—
p.000160: (a) the process for applying for a loan under section 40(1);
p.000160: (b) the consequences of failing to comply with terms on which a loan is made under that provision.
p.000160:
p.000160: Health and Social Care Act 2012 (c. 7)
p.000160: Part 4 — NHS foundation trusts & NHS trusts
p.000161: 161
p.000161:
p.000161: (4) The guidance on the power to decide terms under section 42(3) must, in particular, include the criteria that
p.000161: the Secretary of State will apply when deciding the terms.
p.000161: (5) The guidance on that power must also explain the consequences of failing to comply with the terms
p.000161: decided.
p.000161: (6) In preparing guidance under this section, the Secretary of State must have regard (among other things) to any
p.000161: generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and
p.000161: the terms on which to make loans to them.
p.000161: (7) Before publishing the guidance, the Secretary of State must consult—
p.000161: (a) the Treasury,
p.000161: (b) the regulator, and
p.000161: (c) such other persons as the Secretary of State considers appropriate.”
p.000161: (7) Omit section 45 of that Act (disposal of protected property).
p.000161: (8) Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
p.000161: (9) For section 50 of that Act (fees) substitute—
p.000161: “50 Fees
p.000161: An NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its
p.000161: exercise of functions under—
p.000161: (a) section 39;
p.000161: (b) section 39A.”
p.000161:
p.000161: Functions
p.000161:
p.000161: 164 Goods and services
p.000161: (1) In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2)
p.000161: substitute—
p.000161: “(1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the
p.000161: health service in England.
p.000161: (2) An NHS foundation trust may provide goods and services for any purposes related to—
p.000161: (a) the provision of services provided to individuals for or in connection with the prevention,
p.000161: diagnosis or treatment of illness, and
p.000161: (b) the promotion and protection of public health.
p.000161: (2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income
p.000161: from the provision of goods and services for the purposes of the health service in England is greater than its total
p.000161: income from the provision of goods and services for any other purposes.”
p.000161: (2) In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: (a) for “The” substitute “An”,
p.000162: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
...

p.000164: (b) another NHS foundation trust or an NHS trust established under section 25 (B),
p.000164: to the regulator for the acquisition by A of B.
p.000164: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000164: council of governors of each applicant (that is an NHS foundation trust).
p.000164: (3) The application must—
p.000164: (a) be supported by the Secretary of State if B is an NHS trust, and
p.000164: (b) be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.
p.000164: (4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the
p.000164: acquisition have been taken.
p.000164: (5) On the grant of the application, the proposed constitution has effect, but where a person who is specified
p.000164: as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that
p.000164: person’s functions under the constitution.”
p.000164:
p.000164: 170 Separations
p.000164: After section 56A of the National Health Service Act 2006 insert—
p.000164: “56B Separations
p.000164: (1) An application may be made to the regulator by an NHS foundation trust for the dissolution of the trust and the
p.000164: establishment of two or more new NHS foundation trusts.
p.000164:
p.000164: Health and Social Care Act 2012 (c. 7)
p.000164: Part 4 — NHS foundation trusts & NHS trusts
p.000165: 165
p.000165:
p.000165: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000165: council of governors of the applicant.
p.000165: (3) The application must, by reference to each of the proposed new trusts—
p.000165: (a) specify the property and liabilities proposed to be transferred to it;
p.000165: (b) be accompanied by a copy of its proposed constitution.
p.000165: (4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for
p.000165: the dissolution of the trust and the establishment of each of the proposed new trusts have been taken.
p.000165: (5) On the grant of the application, the proposed constitution of each of the new trusts has effect but, in
p.000165: the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its
p.000165: behalf until a board of directors is appointed in accordance with the constitution.”
p.000165:
p.000165: 171 Dissolution
p.000165: After section 57 of the National Health Service Act 2006 insert—
p.000165: “57A Dissolution
p.000165: (1) An application may be made by an NHS foundation trust to the regulator for dissolution.
p.000165: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000165: council of governors of the applicant.
p.000165: (3) The regulator must grant the application if it is satisfied that—
p.000165: (a) the trust has no liabilities, and
p.000165: (b) such steps as are necessary to prepare for the dissolution have been taken.
p.000165: (4) Where an application under this section is granted, the regulator must make an order—
p.000165: (a) dissolving the trust in question, and
p.000165: (b) transferring, or providing for the transfer of, the property of the trust (if any) to the Secretary of State.”
p.000165:
p.000165: 172 Supplementary
p.000165: (1) In section 57 of the National Health Service Act 2006 (mergers: supplementary), in
p.000165: subsection (1)—
p.000165: (a) for “an authorisation is given under section 56” substitute “an application is granted under
p.000165: section 56 or 56B”, and
p.000165: (b) at the end insert “or trusts”.
p.000165: (2) In subsection (2) of that section—
p.000165: (a) for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the
p.000165: regulator”, and
p.000165: (b) in paragraph (a), after “dissolving the” insert “trust or”, and
p.000165: (c) in paragraph (b), at the end insert “or trusts”.
p.000165:
p.000166: 166
p.000166:
p.000166: (3) After that subsection insert—
p.000166: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000166: “(2A) An order under section 56 or 56B is conclusive evidence of incorporation and conclusive
p.000166: evidence that the corporation is an NHS foundation trust.”
p.000166: (4) In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.
p.000166: (5) In subsection (4) of that section—
p.000166: (a) for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and
p.000166: (b) for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.
p.000166: (6) In subsection (5) of that section, after “section 56” insert “or 56A”.
p.000166: (7) Omit subsection (6) of that section.
p.000166: (8) For the title to that section substitute “Sections 56 to 56B: supplementary”.
p.000166: (9) For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and
p.000166: separations”.
...

p.000167: Commission must provide to the regulator a report on the safety and quality of the services that the trust provides
p.000167: under this Act.”
p.000167: (4) In subsection (4) of that section—
p.000167: (a) for “giving a notice” substitute “making an order”,
p.000167: (b) after paragraph (a) insert—
p.000167: “(aa) the Board,”,
p.000167: (c) omit paragraph (b),
p.000167: (d) in paragraph (c), omit “goods or”, and
p.000167: (e) after paragraph (c) insert “, and
p.000167: (d) the Care Quality Commission.”
p.000167:
p.000168: 168
p.000168:
p.000168: (5) After that subsection insert—
p.000168: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000168: “(5) An order under subsection (2) must specify the date when the appointment is to take
p.000168: effect, which must be within the period of 5 working days beginning with the day on which the order is made.
p.000168: (6) The regulator must lay before Parliament (with the statutory instrument containing the order)
p.000168: a report stating the reasons for making the order.
p.000168: (7) If the regulator makes an order under subsection (2), it must—
p.000168: (a) appoint a person as the trust special administrator with effect from the day specified in the order, and
p.000168: (b) publish the name of the person appointed.
p.000168: (8) A person appointed as a trust special administrator under this section holds and vacates office in
p.000168: accordance with the terms of the appointment.
p.000168: (9) A person appointed as a trust special administrator under this section must manage the trust’s affairs, business
p.000168: and property, and exercise the trust special administrator’s functions, so as to achieve the objective set out in
p.000168: section 65DA as quickly and as efficiently as is reasonably practicable.
p.000168: (10) When the appointment of a trust special administrator under this section takes effect, the trust’s
p.000168: governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in
p.000168: its application to the trust, is to be read accordingly.
p.000168: (11) But subsection (10) does not affect the employment of the executive directors or their membership of
p.000168: any committee or sub-committee of the trust.
p.000168: (12) The regulator may indemnify a trust special administrator appointed under this section in respect of such
p.000168: matters as the regulator may determine.”
p.000168: (6) For the title to that section substitute “NHS foundation trusts: appointment of trust special administrator”.
p.000168: (7) Omit the cross-heading preceding that section.
p.000168:
p.000168: 175 Objective of trust special administration
p.000168: (1) After section 65D of the National Health Service Act 2006 insert—
p.000168: “65DA Objective of trust special administration
p.000168: (1) The objective of a trust special administration is to secure—
p.000168: (a) the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust
p.000168: that is subject to an order under section 65D(2), at such level, as the commissioners of those
p.000168: services determine, and
p.000168: (b) that it becomes unnecessary for the order to remain in force for that purpose.
p.000168:
p.000168: Health and Social Care Act 2012 (c. 7)
p.000168: Part 4 — NHS foundation trusts & NHS trusts
p.000169: 169
p.000169:
...

p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) in relation to the
p.000175: trust, and
p.000175: (b) the action recommended in the final report is to do something other than dissolve the trust.
p.000175: (2B) For the purposes of subsection (2) in its application to the case of an NHS foundation trust—
p.000175: (a) the reference to the Secretary of State is to be read as a reference to the regulator, and
p.000175: (b) the reference to the chairman and directors of the trust is to be read as including a reference to the
p.000175: governors.”
p.000175: (4) Omit subsections (3) to (5) of that section.
p.000175: (5) At the end of that section insert—
p.000175: “(6) Subsection (7) applies in the case of an NHS foundation trust.
p.000175: (7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
p.000175: (a) terminate the office of any governor or of any executive or non- executive director of the trust;
p.000175: (b) appoint a person to be a governor or an executive or non- executive director of the trust.”
p.000175: (6) After that section insert—
p.000175: “65LA Trusts to be dissolved
p.000175: (1) This section applies if—
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
p.000175: (b) the action recommended in the final report is to dissolve the NHS foundation trust in question.
p.000175: (2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation
p.000175: trust in question.
p.000175: (3) The regulator may make an order—
p.000175: (a) dissolving the trust, and
p.000175: (b) transferring, or providing for the transfer of, the property and liabilities of the trust—
p.000175: (i) to another NHS foundation trust or the Secretary of State, or
p.000175: (ii) between another NHS foundation trust and the Secretary of State.
p.000175: (4) An order under subsection (3) may include provision for the transfer of employees of the trust.
p.000175: (5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include
p.000175: criminal liabilities.”
p.000175: (7) For the cross-heading preceding section 65K substitute “Action by the Secretary of State and
p.000175: the regulator”.
p.000175:
p.000176: 176
p.000176:
p.000176: 178 Sections 174 to 177: supplementary
p.000176: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000176: (1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator)
p.000176: insert—
p.000176: “(3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000176: the Secretary of State are to be read as references to the regulator.”
p.000176: (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
p.000176: “(2A) It must include guidance about the publication of—
p.000176: (a) notices under section 65KC(4)(a);
p.000176: (b) statements under section 65KC(4)(b).”
p.000176: (3) At the end of that section insert—
p.000176: “(4) For the purposes of this section in its application to cases of NHS foundation trusts, the
p.000176: reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”
...

p.000191: (b) after paragraph (ca) insert—
p.000191: “(cb) the Healthwatch England committee of the Care Quality Commission;”, and
p.000191: (c) omit paragraph (d) (but not the following “and”).
p.000191: (6) In subsection (5)—
p.000191: (a) in paragraph (a)—
p.000191: (i) omit the words from the beginning to “(2)(a)(ii)),”,
p.000191: (ii) for “the network” substitute “the Local Healthwatch organisation”, and
p.000191: (iii) after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
p.000191: (b) omit paragraph (b) and the “and” preceding it.
p.000191: (7) Omit subsections (6) to (8).
p.000191: (8) In subsection (9), after the definition of “financial year” insert—
p.000191: ““Local Healthwatch contractor” has the meaning given by section 223;”.
p.000191: (9) For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.
p.000191:
p.000191: 188 Transitional arrangements
p.000191: (1) This section applies where arrangements made under section 221 of the Local Government and Public
p.000191: Involvement in Health Act 2007 before the
p.000191:
p.000192: 192
p.000192: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000192: Chapter 1 — Public involvement
p.000192:
p.000192: commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that
p.000192: commencement.
p.000192: (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local
p.000192: authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation
p.000192: for the authority’s area.
p.000192: (3) A scheme under this section may make provision for rights and liabilities relating to an individual’s
p.000192: contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision
p.000192: in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000192: (4) A scheme under this section may provide for the transfer of property, rights or liabilities—
p.000192: (a) whether or not they would otherwise be capable of being transferred;
p.000192: (b) irrespective of any requirement for consent that would otherwise apply.
p.000192: (5) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or
p.000192: liabilities transferred.
p.000192: (6) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of
p.000192: or in connection with anything transferred to be—
p.000192: (a) treated as done by or in relation to the transferee or its employees;
p.000192: (b) continued by or in relation to the transferee or its employees.
p.000192: (7) A scheme under this section may in particular make provision about continuation of legal
p.000192: proceedings.
p.000192: (8) A scheme under this section may include provision requiring the local authority to pay compensation
p.000192: to the transferor; and for that purpose the scheme may—
p.000192: (a) impose a duty on the local authority to determine the amount of the compensation;
p.000192: (b) confer power on the Secretary of State to do so.
p.000192: (9) A scheme under this section may include supplementary, incidental and consequential provision.
p.000192: (10) Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional
p.000192: arrangements).
p.000192:
p.000192: 189 Consequential provision
p.000192: (1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by
p.000192: paragraph 2 of Schedule 13) insert—
p.000192: “(bl) Local Healthwatch organisations, as regards the carrying-on of activities specified in section
p.000192: 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);”.
...

p.000238: the commencement of the preceding provisions of this Part.
p.000238: (3) The quorum for the exercise of the power under subsection (2) is two.
p.000238: (4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument
p.000238: signed by the Clerk of the Council.
p.000238: (5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002
p.000238: (regulations and orders), after subsection (4) insert—
p.000238: “(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of
p.000238: Schedule 7 is two; and anything
p.000238:
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000239: 239
p.000239:
p.000239: done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an
p.000239: instrument signed by the Clerk of the Council.”
p.000239: (6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect
p.000239: the power to make a further Order in Council under that section amending or revoking provision made by
p.000239: those amendments.
p.000239:
p.000239: The Office of the Health Professions Adjudicator
p.000239:
p.000239: 231 Abolition of the Office of the Health Professions Adjudicator
p.000239: (1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
p.000239: (2) In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit
p.000239: sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).
p.000239: (3) All property, rights and liabilities to which the OHPA is entitled or subject immediately before the
p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
...

p.000244: as may be specified in the direction.
p.000244:
p.000244: Health and Social Care Act 2012 (c. 7)
p.000244: Part 8 — The National Institute for Health and Care Excellence
p.000244:
p.000244: (3) If requested to do so, NICE must—
p.000245: 245
p.000245: (a) provide the Board with information or advice on such matters connected to the Board’s
p.000245: functions in respect of the commissioning guidance as may be specified in the request, and
p.000245: (b) disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
p.000245:
p.000245: Functions: other
p.000245:
p.000245: 242 NICE’s charter
p.000245: (1) Regulations may make provision requiring NICE to publish a document explaining the functions of
p.000245: NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
p.000245: (2) The regulations may, in particular, make provision about—
p.000245: (a) the information to be provided in the charter,
p.000245: (b) the timing of preparation of the charter,
p.000245: (c) review and revision by NICE of the charter, and
p.000245: (d) the manner in which the charter must or may be published.
p.000245:
p.000245: 243 Additional functions
p.000245: (1) NICE may do any of the following—
p.000245: (a) acquire, produce, manufacture and supply goods,
p.000245: (b) acquire land by agreement and manage and deal with land,
p.000245: (c) supply accommodation to any person,
p.000245: (d) supply services to any person and provide new services,
p.000245: (e) provide instruction for any person, and
p.000245: (f) develop and exploit ideas and exploit intellectual property.
p.000245: (2) But NICE may exercise a power under subsection (1) only—
p.000245: (a) if doing so is connected with the provision of health care or social care, and
p.000245: (b) to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any
p.000245: function it has under or by virtue of any other provision of this Part.
p.000245: (3) NICE may—
p.000245: (a) charge for anything it does in the exercise of a power under subsection (1), and
p.000245: (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
p.000245:
p.000245: 244 Arrangements with other bodies
p.000245: (1) NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required
p.000245: or authorised to provide by virtue of this Part.
p.000245: (2) The power under this section may be exercised on such terms as may be agreed, including terms as to
p.000245: the making of payments by or to NICE.
p.000245:
p.000246: 246
p.000246: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000246:
p.000246: 245 Failure by NICE to discharge any of its functions
p.000246: (1) The Secretary of State may give a direction to NICE if the Secretary of State considers that—
p.000246: (a) NICE—
p.000246: (i) is failing or has failed to discharge any of its functions, or
p.000246: (ii) is failing or has failed properly to discharge any of its functions, and
p.000246: (b) the failure is significant.
p.000246: (2) A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and
p.000246: within such period or periods, as may be specified in the direction.
...

p.000260:
p.000260: (b) the giving of advice and guidance by the Information Centre to such persons in relation to such a proposal,
p.000260: (c) the assessment and approval of quality indicators proposed for inclusion in the database by such
p.000260: person as the Secretary of State or the Board may direct, and
p.000260: (d) the inclusion in the database of guidance about how providers may demonstrate performance measured
p.000260: against the quality indicators.
p.000260: (3) In this section a “quality indicator” means a factor by reference to which performance in the
p.000260: provision of services or care can be measured.
p.000260:
p.000260: 269 Power to confer functions in relation to identification of GPs
p.000260: (1) Regulations may make provision conferring functions on the Information Centre in connection with the
p.000260: verification of the identity of general medical practitioners for purposes connected with the health service in
p.000260: England.
p.000260: (2) In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register
p.000260: kept by the General Medical Council.
p.000260:
p.000260: 270 Additional functions
p.000260: (1) The Information Centre may do any of the following—
p.000260: (a) acquire, produce, manufacture and supply goods,
p.000260: (b) acquire land by agreement and manage and deal with land,
p.000260: (c) supply accommodation to any person,
p.000260: (d) supply services to any person and provide new services,
p.000260: (e) provide instruction for any person, and
p.000260: (f) develop and exploit ideas and exploit intellectual property.
p.000260: (2) But the Information Centre may exercise a power under subsection (1) only—
p.000260: (a) if doing so involves, or is connected with, the collection, analysis, publication or other
p.000260: dissemination of information, and
p.000260: (b) to the extent that its exercise does not to any significant extent interfere with the performance by the Centre
p.000260: of any function under or by virtue of any other provision of this or any other Act.
p.000260: (3) The Information Centre may—
p.000260: (a) charge for anything it does in the exercise of a power under subsection (1), and
p.000260: (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
p.000260:
p.000260: 271 Arrangements with other bodies
p.000260: (1) The Information Centre may arrange with any person or body to provide, or assist in providing, any service which
p.000260: the Centre is required or authorised to provide by virtue of this Chapter.
p.000260: (2) The power under this section may be exercised on such terms as may be agreed, including terms as to
p.000260: the making of payments by or to the Information Centre.
p.000260:
p.000260: Health and Social Care Act 2012 (c. 7)
p.000260: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000261: 261
p.000261:
p.000261: 272 Failure by Information Centre to discharge any of its functions
p.000261: (1) The Secretary of State may give a direction to the Information Centre if the Secretary of State considers that—
p.000261: (a) the Centre—
p.000261: (i) is failing or has failed to discharge any of its functions, or
p.000261: (ii) is failing or has failed properly to discharge any of its functions, and
p.000261: (b) the failure is significant.
...

p.000275: different descriptions of Part 4A certificate”, and
p.000275: (b) in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
p.000275: (6) In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection
p.000275: (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
p.000275:
p.000276: 276
p.000276: Health and Social Care Act 2012 (c. 7)
p.000276: Part 11 — Miscellaneous
p.000276:
p.000276: (7) In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert
p.000276: “that falls within section 64C(4) below”.
p.000276: (8) In section 62A of that Act (treatment on recall of community patient or revocation of order), in
p.000276: subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
p.000276: (9) In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
p.000276: (10) After that subsection insert—
p.000276: “(6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of
p.000276: section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with
p.000276: section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment
p.000276: considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to
p.000276: the patient.”
p.000276:
p.000276: Transfer schemes
p.000276:
p.000276: 300 Transfer schemes
p.000276: (1) The Secretary of State may make a property transfer scheme or a staff transfer scheme in connection with—
p.000276: (a) the establishment or abolition of a body by this Act, or
p.000276: (b) the modification of the functions of a body or other person by or under this Act.
p.000276: (2) A property transfer scheme is a scheme for the transfer from a body or other person mentioned in the first
p.000276: column of the Table in Schedule 22 of any property, rights or liabilities, other than rights or
p.000276: liabilities under or in connection with a contract of employment, to a body or other person mentioned in
p.000276: the corresponding entry in the second column.
p.000276: (3) A staff transfer scheme is a scheme for the transfer from a body or other person mentioned in the first
p.000276: column of the Table in Schedule 23 of any rights or liabilities under or in connection with a contract of
p.000276: employment to a body or other person mentioned in the corresponding entry in the second column.
p.000276: (4) The Secretary of State may direct the Board or a qualifying company to exercise the functions of the Secretary
p.000276: of State in relation to the making of a property transfer scheme or a staff transfer scheme in connection with the
p.000276: abolition of—
p.000276: (a) one or more Primary Care Trusts specified in the direction, or
p.000276: (b) one or more Strategic Health Authorities so specified.
p.000276: (5) Where the Secretary of State gives a direction under subsection (4), the Secretary of State may give
p.000276: directions to the Board or (as the case may be) the company about its exercise of the functions.
p.000276: (6) For the purposes of this section and section 301—
p.000276: (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of
p.000276: employment, and
p.000276: (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of
p.000276: the contract of employment.
p.000276:
p.000276: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000277: 277
p.000277:
p.000277: (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant
p.000277: of a lease.
p.000277: (8) In this section and Schedules 22 and 23, “qualifying company” means—
p.000277: (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned
p.000277: by the Secretary of State or the Board, or
p.000277: (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of
p.000277: State.
p.000277: (9) In section 301 and Schedules 22 and 23— “local authority” means—
p.000277: (a) a county council in England;
p.000277: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000277: council;
p.000277: (c) a London borough council;
p.000277: (d) the Council of the Isles of Scilly;
p.000277: (e) the Common Council of the City of London;
p.000277: “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
p.000277:
p.000277: 301 Transfer schemes: supplemental
p.000277: (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—
p.000277: (a) property, rights and liabilities that could not otherwise be transferred;
p.000277: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000277: (c) criminal liabilities but only where the transfer is to a person mentioned in subsection (2).
p.000277: (2) Those persons are—
p.000277: (a) the National Health Service Commissioning Board;
p.000277: (b) a clinical commissioning group;
p.000277: (c) a local authority;
p.000277: (d) the Care Quality Commission;
p.000277: (e) Monitor;
p.000277: (f) the National Institute for Health and Care Excellence;
p.000277: (g) the Health and Social Care Information Centre;
p.000277: (h) the Health and Care Professions Council;
p.000277: (i) a public authority other than a Minister of the Crown.
p.000277: (3) A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000277: transitional and consequential provision and may in particular—
p.000277: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000277: (b) make provision about the continuing effect of things done by the transferor in respect of anything
p.000277: transferred;
p.000277: (c) make provision about the continuation of things (including legal proceedings) in the process of being
p.000277: done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000277:
p.000278: 278
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 11 — Miscellaneous
p.000278:
p.000278: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000278: anything transferred to be treated as references to the transferee.
p.000278: (4) A property transfer scheme may make provision for the shared ownership or use of property.
p.000278: (5) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
p.000278: (6) A property transfer scheme or a staff transfer scheme may provide—
p.000278: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000278: (b) for any such modifications to have effect from the date when the original scheme comes into effect.
p.000278: (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this
p.000278: Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure
p.000278: that all the body’s liabilities (other than criminal liabilities) are dealt with.
p.000278: (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment)
p.000278: Regulations 2006 (SI 2006/246).
p.000278:
p.000278: 302 Subsequent property transfer schemes
p.000278: (1) This section applies in relation to any property, rights or liabilities which are transferred under a
p.000278: property transfer scheme under section 300(1) from a Primary Care Trust, a Strategic Health Authority or the
p.000278: Secretary of State to a Special Health Authority or a qualifying company.
p.000278: (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from
p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
p.000278: (a) amend, repeal, revoke or otherwise modify any enactment;
p.000278: (b) include transitional, transitory or saving provision in connection with the commencement of provision made by
p.000278: the order.
p.000278: (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made
p.000278: by the order pending the commencement of—
p.000278: (a) another provision of the order,
p.000278:
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 12 — Final provisions
p.000278:
p.000278: (b) a provision of this Act,
p.000278: (c) any other enactment.
p.000279: 279
p.000279: (4) Before making an order under this section that contains provision which would, if included in an
p.000279: Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of
p.000279: State must consult the Scottish Ministers.
p.000279: (5) The power conferred by this section is not restricted by any other provision of this Act.
p.000279: (6) In this section, “enactment” includes—
p.000279: (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000279: (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure
p.000279: of the National Assembly for Wales or Northern Ireland legislation,
...

p.000284: (g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions
p.000284: Adjudicator);
p.000284: (h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
p.000284: (i) sections 300 and 301 (transfer schemes) insofar as they confer powers in connection with the abolition of the
p.000284: Health Protection Agency;
p.000284: (j) this Part.
p.000284: (4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
p.000284: (5) The Secretary of State may by order provide that specified provisions of this Act, in their application
p.000284: to the Isles of Scilly, have effect with such modifications as may be specified.
p.000284:
p.000284: 309 Short title
p.000284: This Act may be cited as the Health and Social Care Act 2012.
p.000284:
p.000284: Health and Social Care Act 2012 (c. 7)
p.000284: Schedule 1 — The National Health Service Commissioning Board
p.000285: 285
p.000285:
p.000285:
p.000285:
p.000285: SCHEDULES
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285: Status
p.000285: SCHEDULE 1 Section 9(2)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: “SCHEDULE A1 Section 1H(4)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: 1 (1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000285: immunity of the Crown.
p.000285: (2) The Board’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000285: Membership
p.000285: 2 (1) The Board is to consist of—
p.000285: (a) a chair appointed by the Secretary of State,
p.000285: (b) at least five other members so appointed, and
p.000285: (c) the chief executive and other members appointed in accordance with paragraph 3.
p.000285: (2) In this Schedule—
p.000285: (a) references to non-executive members of the Board are references to the members appointed in accordance
p.000285: with sub-paragraph (1)(a) and (b), and
p.000285: (b) references to executive members of the Board are references to the other members.
p.000285: (3) The number of executive members must be less than the number of non-executive members.
p.000285: The chief executive and other executive members: appointment and status
p.000285: 3 (1) The chief executive and the other executive members of the Board are to be appointed by the non-executive
p.000285: members.
p.000285: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000285: (3) The chief executive and the other executive members are to be employees of the Board.
p.000285: (4) The first chief executive of the Board is to be appointed by the Secretary of State.
p.000285:
p.000286: 286
p.000286: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000286: Non-executive members: tenure
p.000286: 4 (1) A person holds and vacates office as a non-executive member of the Board in accordance with that person’s
p.000286: terms of appointment.
p.000286: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
...

p.000287: 9 (1) Employees of the Board are to be paid such remuneration and allowances as the Board may
p.000287: determine.
p.000287: (2) Employees of the Board are to be appointed on such other terms and conditions as the Board may determine.
p.000287: (3) The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may
p.000287: determine to or in respect of any person who is or has been an employee of the Board.
p.000287: (4) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes
p.000287: of this paragraph, the
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288:
p.000288:
p.000288: Committees
p.000288: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000288:
p.000288: Board must obtain the approval of the Secretary of State to its policy on the matter.
p.000288: 10 (1) The Board may appoint such committees and sub-committees as it considers appropriate.
p.000288: (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Board.
p.000288: (3) The Board may pay such remuneration and allowances as it determines to any person who—
p.000288: (a) is a member of a committee or a sub-committee, but
p.000288: (b) is not an employee of the Board,
p.000288: whether or not that person is a non-executive member of the Board.
p.000288: Trust funds and trustees
p.000288: 11 (1) The Secretary of State may by order provide for the appointment of trustees for the Board to hold property
p.000288: on trust—
p.000288: (a) for the general or any specific purposes of the Board, or
p.000288: (b) for any purposes relating to the health service in England.
p.000288: (2) An order under sub-paragraph (1) may—
p.000288: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000288: their appointment,
p.000288: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000288: requiring the consent of the Secretary of State),
p.000288: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000288: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000288: Secretary of State considers appropriate, and
p.000288: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000288: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000288: the transfer of any trust property from the Board to the trustees.
p.000288: Procedure
p.000288: 12 (1) The Board may regulate its own procedure.
p.000288: (2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the
p.000288: appointment of any member.
p.000288:
p.000288: Health and Social Care Act 2012 (c. 7)
p.000288: Schedule 1 — The National Health Service Commissioning Board
p.000288: Exercise of functions
p.000289: 289
p.000289: 13 The Board may arrange for the exercise of any of its functions on its behalf by—
p.000289: (a) any non-executive member,
p.000289: (b) any employee (including any executive member), or
p.000289: (c) a committee or sub-committee.
p.000289: Provision of information to Secretary of State
p.000289: 14 (1) The Secretary of State may require the Board to provide the Secretary of State with such
p.000289: information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary
p.000289: of State in relation to the health service.
p.000289: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000289: may require.
p.000289: Accounts
p.000289: 15 (1) The Board must keep proper accounts and proper records in relation to the accounts.
p.000289: (2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—
p.000289: (a) the content and form of its accounts, and
p.000289: (b) the methods and principles to be applied in the preparation of its accounts.
p.000289: (3) In sub-paragraph (2) the reference to accounts includes a reference to the Board’s consolidated annual
p.000289: accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.
...

p.000292: (6) In this paragraph, references to the functions of the governing body of a clinical commissioning group
p.000292: include references to the functions of the clinical commissioning group which are exercisable by the
p.000292: governing body under arrangements specified in the constitution by virtue of paragraph 3(3).
p.000292: 8 (1) The constitution must specify the procedure to be followed by the governing body in making decisions.
p.000292: (2) The constitution must also specify the arrangements made by the clinical commissioning group for
p.000292: securing that there is transparency about the decisions of the governing body and the manner in which they are
p.000292: made.
p.000292: (3) The provision made under sub-paragraph (2) must include provision for meetings of governing
p.000292: bodies to be open to the public, except where the clinical commissioning group considers that it would not be in
p.000292: the public interest to permit members of the public to attend a meeting or part of a meeting.
p.000292: Supplemental
p.000292: 9 In addition to the provision authorised or required to be included under this Part of this Schedule, the
p.000292: constitution may make further provision.
p.000292:
p.000292: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000292:
p.000292:
p.000292: PART 2
p.000293: 293
p.000293: FURTHER PROVISION ABOUT CLINICAL COMMISSIONING GROUPS
p.000293: Status
p.000293: 10 (1) A clinical commissioning group is a body corporate.
p.000293: (2) A clinical commissioning group is not to be regarded as a servant or agent of the Crown or as enjoying any
p.000293: status, privilege or immunity of the Crown.
p.000293: (3) The property of a clinical commissioning group is not to be regarded as property of, or property held on
p.000293: behalf of, the Crown.
p.000293: Staff
p.000293: 11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers
p.000293: appropriate.
p.000293: (2) A clinical commissioning group must—
p.000293: (a) pay its employees remuneration and travelling or other allowances in accordance with determinations made
p.000293: by its governing body under section 14L(3)(a), and
p.000293: (b) employ them on such other terms and conditions as it may determine.
p.000293: (3) A clinical commissioning group may, for or in respect of such of its employees as it may determine,
p.000293: make arrangements for providing pensions, allowances or gratuities.
p.000293: (4) Such arrangements may include the establishment and administration, by the clinical
p.000293: commissioning group or otherwise, of one or more pension schemes.
p.000293: (5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of
p.000293: pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning
p.000293: group’s employees who suffer loss of office or employment or loss or diminution of emoluments.
p.000293: Accountable officer
p.000293: 12 (1) A clinical commissioning group must have an accountable officer.
p.000293: (2) The accountable officer is to be appointed by the Board.
...

p.000295: 295
p.000295: (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of
p.000295: pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body
p.000295: who suffer loss or diminution of emoluments.
p.000295: (5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
p.000295: arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be
p.000295: members of the scheme.
p.000295: (6) Sub-paragraph (2) does not apply to members of the governing body who are—
p.000295: (a) members or employees of the clinical commissioning group, or
p.000295: (b) members or employees of a body that is a member of the clinical commissioning group.
p.000295: Additional powers in respect of payment of allowances
p.000295: 14 A clinical commissioning group may pay such travelling or other allowances as it considers appropriate to
p.000295: any of the following—
p.000295: (a) members of the clinical commissioning group who are individuals;
p.000295: (b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between
p.000295: the member and the group;
p.000295: (c) members of any committee or sub-committee of the clinical commissioning group or its governing
p.000295: body.
p.000295: Trust funds and trustees
p.000295: 15 (1) The Secretary of State may by order provide for the appointment of trustees for a clinical commissioning
p.000295: group to hold property on trust—
p.000295: (a) for the general or any specific purposes of the group, or
p.000295: (b) for any purposes relating to the health service in England.
p.000295: (2) An order under sub-paragraph (1) may—
p.000295: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000295: their appointment,
p.000295: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000295: requiring the consent of the Secretary of State),
p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
p.000295: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000295: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000295: the transfer of
p.000295:
p.000296: 296
p.000296: Health and Social Care Act 2012 (c. 7)
p.000296: Schedule 2 — Clinical commissioning groups
p.000296:
p.000296: any trust property from the clinical commissioning group to the trustees.
p.000296: Externally financed development agreements
p.000296: 16 (1) The powers of a clinical commissioning group include power to enter into externally financed development
p.000296: agreements.
p.000296: (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is
p.000296: certified as such in writing by the Secretary of State.
p.000296: (3) The Secretary of State may give a certificate under this paragraph if—
p.000296: (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision
p.000296: of services or facilities in connection with the discharge by a clinical commissioning group of any of its
p.000296: functions, and
p.000296: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with
p.000296: the agreement.
p.000296: (4) If a clinical commissioning group enters into an externally financed development agreement it may
p.000296: also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in
p.000296: relation to the externally financed development agreement.
p.000296: (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning
p.000296: group.
p.000296: (6) The fact that an agreement made by a clinical commissioning group has not been certified under this
p.000296: paragraph does not affect its validity.
p.000296: Accounts and audits
...

p.000297: (b) any information which the Board considers is necessary to enable it to verify any other information
p.000297: supplied to it under sub-paragraph (1).
p.000297: (3) A clinical commissioning group must supply the Board with any information specified in a direction under
p.000297: sub-paragraph (1) within such period as may be specified in the direction.
p.000297: (4) In this paragraph, a reference to the use of resources is a reference to their expenditure, consumption or
p.000297: reduction in value.
p.000297: Provision of information required by the Secretary of State
p.000297: 19 (1) The Secretary of State may require each clinical commissioning group to provide the Board with such
p.000297: information as the Secretary of State considers it necessary to have for the purposes of the functions of
p.000297: the Secretary of State in relation to the health service.
p.000297: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000297: may require.
p.000297: (3) The powers conferred by this paragraph must be exercised in the same way in relation to each clinical
p.000297: commissioning group.
p.000297:
p.000298: 298
p.000298: Health and Social Care Act 2012 (c. 7)
p.000298: Schedule 2 — Clinical commissioning groups
p.000298:
p.000298: (4) The Board must give any information obtained by it under sub- paragraph (1) to the Secretary of State, in such
p.000298: form, and at such time or within such period, as the Secretary of State may require.
p.000298: Incidental powers
p.000298: 20 The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—
p.000298: (a) enter into agreements,
p.000298: (b) acquire and dispose of property, and
p.000298: (c) accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).
p.000298: Seal and evidence
p.000298: 21 (1) The application of a clinical commissioning group’s seal must be authenticated by the signature of any
p.000298: person who has been authorised (generally or specially) for that purpose.
p.000298: (2) Any instrument which, if executed by an individual, would not need to be under seal may be executed on
p.000298: behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for
p.000298: that purpose.
p.000298: (3) A document purporting to be duly executed under a clinical commissioning group’s seal or to be signed on
p.000298: its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.
p.000298: PART 3 TRANSFER SCHEMES
p.000298: 22 The things that may be transferred under a property transfer scheme or a staff transfer scheme
p.000298: under section 14I include—
p.000298: (a) property, rights and liabilities that could not otherwise be transferred;
p.000298: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000298: (c) criminal liabilities.
p.000298: 23 A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000298: transitional and consequential provision and may in particular—
p.000298: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000298: (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;
p.000298: (c) make provision about the continuation of things (including legal proceedings) in the process
p.000298: of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000298:
p.000298: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000299: 299
p.000299: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000299: anything transferred to be treated as references to the transferee.
p.000299: 24 A property transfer scheme may make provision for the shared ownership or use of property.
p.000299: 25 A staff transfer scheme may make provision which is the same or similar to the Transfer of
p.000299: Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
p.000299: 26 A property transfer scheme or a staff transfer scheme may provide—
p.000299: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000299: (b) for any such modifications to have effect from the date when the original scheme comes into effect.”
p.000299:
p.000299:
p.000299: SCHEDULE 3 Section 51(2)
p.000299: PHARMACEUTICAL REMUNERATION
p.000299: “SCHEDULE 12A Section 165A(3)
p.000299: PHARMACEUTICAL REMUNERATION
p.000299: Interpretation
p.000299: 1 In this Schedule—
p.000299: (a) “drugs” includes medicines and listed appliances (within the meaning of section 126), and
p.000299: (b) “pharmaceutical remuneration” means remuneration paid by the Board to persons providing pharmaceutical services
p.000299: or local pharmaceutical services.
p.000299: Pharmaceutical remuneration to be apportioned among clinical commissioning groups
p.000299: 2 (1) The Board must determine the elements of pharmaceutical remuneration in respect of which
p.000299: apportionments are to be made in relation to a financial year in accordance with this paragraph.
p.000299: (2) In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.
p.000299: (3) The Board must notify each clinical commissioning group of a determination under sub-paragraph (1).
p.000299: (4) The Board must apportion the sums paid by it in respect of each designated element during the financial year
p.000299: among all clinical commissioning groups, in such manner as the Board thinks appropriate.
p.000299: (5) In apportioning sums under sub-paragraph (4), the Board may, in particular, take into account the financial
p.000299: consequences of orders
p.000299:
p.000300: 300
p.000300: Health and Social Care Act 2012 (c. 7)
...

p.000325: (zb) a clinical commissioning group,”
p.000325: (b) omit paragraph (a), and
p.000325: (c) omit paragraph (c).
p.000325: (4) After subsection (5) insert—
p.000325: “(5A) A “public health service contractor” means any person providing services of any description under
p.000325: arrangements made in the exercise
p.000325:
p.000326: 326
p.000326: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000326: Part 9 — Fraud etc.
p.000326:
p.000326: of the public health functions of the Secretary of State or a local authority.”
p.000326: 105 (1) Section 197 (notice requiring production of documents) is amended as follows.
p.000326: (2) In subsection (1)(a) after “health service provider” insert “, public health service contractor”.
p.000326: (3) In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
p.000326: 106 In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State’s
p.000326: functions” substitute “any of the functions of the Secretary of State, the Board, a clinical
p.000326: commissioning group or a local authority”.
p.000326: 107 (1) Section 210 (interpretation of Part 10) is amended as follows.
p.000326: (2) In subsection (1) after “health service provider” insert “, “public health service contractor””.
p.000326: (3) In subsection (2)(a)—
p.000326: (a) after “in relation to” insert “the Secretary of State, local authorities,”, and
p.000326: (b) after “health service providers” insert “, public health service contractors”.
p.000326: PART 10 PROPERTY AND FINANCE
p.000326: 108 (1) Section 211 (acquisition, use and maintenance of property) is amended as follows.
p.000326: (2) In subsection (4) for “A local social services authority” substitute “A local authority”.
p.000326: (3) After that subsection insert—
p.000326: “(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”
p.000326: 109 In section 213 (transfers of trust property), in subsection (2)(c)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,.”
p.000326: 110 (1) Section 214 (transfer of functions and property to or from special trustees) is amended as follows.
p.000326: (2) In subsection (1)—
p.000326: (a) after the first “by” insert “the Board, a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care trust,”.
p.000326: (3) In subsection (3)(a)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,”.
p.000326:
p.000326: Health and Social Care Act 2012 (c. 7)
p.000326: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000327: 327
p.000327: 111 (1) Section 215 (trustees and property under section 222) is amended as follows.
p.000327: (2) Omit subsection (2)(b) and the preceding “and”.
p.000327: (3) In subsection (3)—
p.000327: (a) before paragraph (a) insert—
p.000327: “(za) on trust for any purposes of the Board for which trustees have been appointed under paragraph 11 of
p.000327: Schedule A1,
p.000327: (zb) on trust for any purposes of a clinical commissioning group for which trustees have been appointed under
p.000327: paragraph 15 of Schedule 1A,”, and
p.000327: (b) omit paragraph (a).
p.000327: (4) In subsection (4)—
p.000327: (a) after the second “and” insert “the Board, clinical commissioning group,”,
p.000327: (b) omit “the Primary Care Trust,” (in each place it occurs), and
p.000327: (c) after the second “by” insert “the Board, clinical commissioning group,”.
p.000327: 112 In section 216 (application of trust property: further provisions), in subsection (3),
p.000327: after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 113 In section 217 (trusts: supplementary provisions), in subsection (1)—
p.000327: (a) after paragraph (e) insert—
p.000327: “(ea) paragraph 11 of Schedule A1, (eb) paragraph 15 of Schedule 1A,”,
p.000327: (b) omit paragraph (f), and
p.000327: (c) omit paragraph (g).
p.000327: 114 In section 218 (private trusts for hospitals), in subsection (4)—
p.000327: (a) in paragraph (b) omit “or Primary Care Trust”,
p.000327: (b) in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
p.000327: (c) for paragraph (d) substitute —
p.000327: “(d) in any other case—
p.000327: (i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the
p.000327: Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of
p.000327: State,
p.000327: (ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or
p.000327: Local Health Board exercising those functions.”
p.000327: 115 In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or
p.000327: 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 116 (1) Section 222 (power to raise money) is amended as follows.
p.000327:
p.000328: 328
p.000328: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000328: Part 10 — Property and finance
p.000328:
p.000328: (2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
p.000328: (3) After subsection (3) insert—
p.000328: “(3A) In subsection (3) “appropriate authority” means—
p.000328: (a) in relation to a clinical commissioning group, the Board, and
p.000328: (b) in relation to any other body to which this section applies, the Secretary of State.”
p.000328: (4) In subsection (9), for “section 224 or 226” substitute “section 225”.
p.000328: 117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State”
p.000328: insert “or the Board”.
p.000328: (2) After that section insert—
p.000328: “223A Application of section 223 to clinical commissioning groups
p.000328: (1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
p.000328: (2) But the powers conferred by that section are exercisable by a clinical commissioning group only for
p.000328: the purpose of securing improvement—
p.000328: (a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
p.000328: (b) in the prevention, diagnosis and treatment of illness in such people.”
p.000328: 118 Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
p.000328: 119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is
p.000328: amended as follows.
p.000328: (2) Omit subsection (1).
p.000328: (3) In subsection (3) —
p.000328: (a) omit “Strategic Health Authority or”, and
p.000328: (b) for “subsection (1) or (2)” substitute “subsection (2)”.
p.000328: (4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
p.000328: (5) In subsection (5) omit “Strategic Health Authority or”.
p.000328: (6) In subsection (6) omit “Strategic Health Authority or”.
p.000328: (7) In subsection (7)—
p.000328: (a) in paragraph (a) omit “specified Strategic Health Authority or”,
p.000328: (b) omit paragraph (b)(i) and the word “or” immediately following it, and
p.000328: (c) omit paragraph (c)(i) and the word “or” immediately following it, and
p.000328: (d) in the words following paragraph (c) omit “Strategic Health Authority or”.
p.000328: (8) In the heading to the section, omit “Strategic Health Authorities and”.
p.000328:
p.000328: Health and Social Care Act 2012 (c. 7)
p.000328: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000329: 329
p.000329: 120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is
p.000329: amended as follows.
p.000329: (2) In subsection (1), omit “Strategic Health Authority and each”.
p.000329: (3) In subsection (2)(b) omit “Strategic Health Authority or”.
p.000329: (4) In subsection (3) omit “Strategic Health Authority or”.
p.000329: (5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
p.000329: (6) In the heading to the section, omit “Strategic Health Authorities and”.
p.000329: 121 Omit sections 228 to 231 (funding of Primary Care Trusts etc).
p.000329: 122 In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
p.000329: 123 (1) Section 236 (payment for medical examination before application for admission to hospital
p.000329: under the Mental Health Act) is amended as follows.
p.000329: (2) In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning
p.000329: group”.
p.000329: (3) In subsection (2)(b)—
p.000329: (a) after “report made” insert “—
p.000329: (i) ”,
p.000329: (b) omit “a Primary Care Trust,”,
p.000329: (c) before “NHS trust” insert “an”, and
p.000329: (d) at the end insert “, or
p.000329: (ii) pursuant to arrangements made by the National Health Service Commissioning Board or a
p.000329: clinical commissioning group, or
p.000329: (iii) pursuant to arrangements made in the exercise (by any person) of the public health functions
p.000329: of the Secretary of State or a local authority.”
...

p.000334:
p.000334: Health and Social Care Act 2012 (c. 7)
p.000334: Schedule 5 — Part 1: amendments of other enactments
p.000334: Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
p.000335: 335
p.000335: 5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
p.000335: (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
p.000335: (a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service
p.000335: Commissioning Board, a clinical commissioning group,”,
p.000335: (b) in that column, omit “a Strategic Health Authority,”,
p.000335: (c) in the second column (headed “paying authority”), after “The” insert “National Health Service
p.000335: Commissioning Board, clinical commissioning group,”, and
p.000335: (d) in that column, omit “Strategic Health Authority,”.
p.000335: Public Records Act 1958 (c. 51)
p.000335: 6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in
p.000335: paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
p.000335: (a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical
p.000335: commissioning groups,”,
p.000335: (b) after “records of trust property passing to” insert “the National Health Service Commissioning
p.000335: Board, a clinical commissioning group,”,
p.000335: (c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or
p.000335: section 300 of the Health and Social Care Act 2012”,
p.000335: (d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
p.000335: and
p.000335: (e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or
p.000335: paragraph 20 of Schedule 1A to, that Act, or under”.
p.000335: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000335: 7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act
p.000335: applies), in paragraph 1—
p.000335: (a) omit paragraph (ea),
p.000335: (b) before paragraph (g) insert—
p.000335: “(fa) the National Health Service Commissioning Board, except as regards the exercise of functions under the
p.000335: National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or
p.000335: replacing those Regulations;”, and
p.000335: (c) omit paragraph (gg).
p.000335: Parliamentary Commissioner Act 1967 (c. 13)
p.000335: 8 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to
p.000335: investigation), in paragraph 8—
p.000335: (a) in sub-paragraph (1)—
p.000335:
p.000336: 336
p.000336: Health and Social Care Act 2012 (c. 7)
p.000336: Schedule 5 — Part 1: amendments of other enactments
p.000336:
p.000336: (i) after “Secretary of State by” insert “a local authority, the National Health Service Commissioning
p.000336: Board, a clinical commissioning group”,
...

p.000347: by him with the National Health Service Commissioning Board”, and
p.000347: (g) in the words after that paragraph, omit “Trust, Authority or.”
p.000347: Health Service Commissioners Act 1993 (c. 46)
p.000347: 67 The Health Service Commissioners Act 1993 is amended as follows.
p.000347: 68 In section 2 (health service bodies subject to investigation), in subsection (1)—
p.000347: (a) omit paragraph (a),
p.000347: (b) omit paragraph (da), and
p.000347: (c) after paragraph (db) insert—
p.000347: “(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.”
p.000347: 69 In section 2A (health service providers subject to investigation), in subsection (1)(a)
p.000347: for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
p.000347: 70 (1) Section 14 (reports etc. by the Commissioner) is amended as follows.
p.000347: (2) In subsection (1)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: (3) In subsection (2A)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (4) In subsection (2C)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (5) Omit subsection (2E)(e).
p.000347: (6) In subsection (2G)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: Health Authorities Act 1995 (c. 17)
p.000347: 71 In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in
p.000347: paragraph 2—
p.000347: (a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
p.000347: (b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.
p.000347: Employment Rights Act 1996 (c. 18)
p.000347: 72 The Employment Rights Act 1996 is amended as follows.
p.000347: 73 In section 43K (extension of meaning of “worker” etc for Part 4A)—
p.000347:
p.000348: 348
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000348:
p.000348: (a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National
p.000348: Health Service Commissioning Board”,
p.000348: (b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service
p.000348: Commissioning Board”, and
p.000348: (c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning
p.000348: Board, or the”.
p.000348: 74 In section 50 (right to time off for public duties), in subsection (8)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,” and
p.000348: (b) in paragraph (b)—
p.000348: (i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
p.000348: (ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000348: 75 In section 218 (change of employer), in subsection (10)—
...

p.000381: of State’s guidance on duty under section 62(9)), and
p.000381: (c) include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to
p.000381: Secretary of State’s guidance on relevant parts of document on improving quality of services).
p.000381: (3) Monitor must—
p.000381: (a) lay a copy of the report before Parliament, and
p.000381: (b) once it has done so, send a copy of it to the Secretary of State.
p.000381: (4) Monitor must provide the Secretary of State with—
p.000381: (a) such other reports and information relating to the exercise of Monitor’s functions as the Secretary of
p.000381: State may require;
p.000381: (b) such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may
p.000381: require.
p.000381: Recommendations by Committees in Parliament
p.000381: 22 Monitor must respond in writing to any recommendation about its exercise of its functions that a
p.000381: Committee of either House of Parliament or a Committee of both Houses makes.
p.000381: Seal and evidence
p.000381: 23 (1) The application of Monitor’s seal must be authenticated by the signature of the chair or any other
p.000381: person who has been authorised (generally or specifically) for that purpose.
p.000381: (2) A document purporting to be duly executed under Monitor’s seal or to be signed on its behalf must be received in
p.000381: evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000381: Status
p.000381: 24 (1) Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or
p.000381: privilege of the Crown.
p.000381: (2) Monitor’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000381:
p.000382: 382
p.000382:
p.000382:
p.000382:
p.000382: Procedure
p.000382: Health and Social Care Act 2012 (c. 7) Schedule 9 — Requirements under section 77: undertakings
p.000382: SCHEDULE 9 Section 77
p.000382: REQUIREMENTS UNDER SECTION 77: UNDERTAKINGS
p.000382: 1 (1) Monitor must publish a procedure for entering into section 77 undertakings.
p.000382: (2) Monitor may revise the procedure and, if it does so, Monitor must publish the procedure as revised.
p.000382: (3) Monitor must consult such persons as it considers appropriate before publishing or revising the
p.000382: procedure.
p.000382: 2 (1) Where Monitor accepts a section 77 undertaking, Monitor must publish the undertaking.
p.000382: (2) But Monitor must not under sub-paragraph (1) publish any part of a section 77 undertaking which contains
p.000382: information which it is satisfied is—
p.000382: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000382: business interests of the person to whom it relates;
p.000382: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000382: might, significantly harm that person’s interests.
p.000382: Variation of terms
p.000382: 3 The terms of a section 77 undertaking (including, in particular, the action specified under it and the
p.000382: period so specified within which the action must be taken) may be varied if both the person giving the
p.000382: undertaking and Monitor agree.
p.000382: Compliance certificates
...

p.000428: Schedule 16 — The National Institute for Health and Care Excellence
p.000429: 429
p.000429: financial year to which the accounts relate as the Secretary of State may direct.
p.000429: (3) The Comptroller and Auditor General must—
p.000429: (a) examine, certify and report on the annual accounts, and
p.000429: (b) lay copies of them and the report before Parliament.
p.000429: 15 (1) The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of
p.000429: such period or periods as may be specified in the direction (“interim accounts”).
p.000429: (2) NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General
p.000429: within such period as the Secretary of State may direct.
p.000429: (3) The Comptroller and Auditor General must—
p.000429: (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
p.000429: (b) if the Secretary of State so directs—
p.000429: (i) send a copy of the report on the accounts to the Secretary of State, and
p.000429: (ii) lay copies of them and the report before Parliament.
p.000429: Seal and evidence
p.000429: 16 (1) The application of NICE’s seal must be authenticated by the signature of the chair or of any employee who
p.000429: has been authorised (generally or specifically) for that purpose.
p.000429: (2) A document purporting to be duly executed under NICE’s seal or to be signed on its behalf must be
p.000429: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000429: Status
p.000429: 17 (1) NICE must not be regarded as the servant or agent of the Crown or as enjoying any status,
p.000429: immunity or privilege of the Crown.
p.000429: (2) NICE’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000429:
p.000429:
p.000429: SCHEDULE 17 Section 249
p.000429: PART 8: CONSEQUENTIAL AMENDMENTS
p.000429: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000429: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000429: Act applies) in paragraph 1, after paragraph (m) insert—
p.000429: “(n) the National Institute for Health and Care Excellence;”.
p.000429:
p.000430: 430
p.000430:
p.000430: Parliamentary Commissioner Act 1967 (c. 13)
p.000430: Health and Social Care Act 2012 (c. 7) Schedule 17 — Part 8: consequential amendments
p.000430: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000430: the appropriate place insert—
p.000430: “National Institute for Health and Care Excellence.”
p.000430: Local Government Act 1972 (c. 70)
p.000430: 3 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000430: other local authorities and health bodies) in subsection (1A)—
p.000430: (a) after “agreement with” insert “the National Institute for Health and Care Excellence,”,
p.000430: (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
p.000430: (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
p.000430: House of Commons Disqualification Act 1975 (c. 24)
p.000430: 4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
...

p.000436: (a) examine, certify and report on the annual accounts, and
p.000436: (b) lay copies of them and the report before Parliament.
p.000436: 15 (1) The Secretary of State may, with the approval of the Treasury, direct the Information Centre to prepare
p.000436: accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
p.000436: (2) The Information Centre must send copies of any interim accounts to the Secretary of State and the
p.000436: Comptroller and Auditor General within such period as the Secretary of State may direct.
p.000436: (3) The Comptroller and Auditor General must—
p.000436: (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
p.000436: (b) if the Secretary of State so directs—
p.000436: (i) send a copy of the report on the accounts to the Secretary of State, and
p.000436: (ii) lay copies of them and the report before Parliament.
p.000436:
p.000436: Health and Social Care Act 2012 (c. 7)
p.000436: Schedule 18 — The Health and Social Care Information Centre
p.000436: Seal and evidence
p.000437: 437
p.000437: 16 (1) The application of the Information Centre’s seal must be authenticated by the signature of the chair or
p.000437: of any employee who has been authorised (generally or specifically) for that purpose.
p.000437: (2) A document purporting to be duly executed under the Information Centre’s seal or to be signed on its behalf must
p.000437: be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000437: Status
p.000437: 17 (1) The Information Centre must not be regarded as the servant or agent of the Crown or as enjoying any status,
p.000437: immunity or privilege of the Crown.
p.000437: (2) The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000437:
p.000437:
p.000437: SCHEDULE 19 Section 277
p.000437: PART 9: CONSEQUENTIAL AMENDMENTS
p.000437: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000437: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000437: Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
p.000437: “(o) the Health and Social Care Information Centre.”
p.000437: Parliamentary Commissioner Act 1967 (c. 13)
p.000437: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000437: the appropriate place insert—
p.000437: “Health and Social Care Information Centre.”
p.000437: House of Commons Disqualification Act 1975 (c. 24)
p.000437: 3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
...

p.000449: “(f) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by the National
p.000449: Health Service Commissioning Board under or by virtue of the National Health Service Act 2006,”
p.000449: 31 (1) Section 115 (national disqualification) is amended as follows.
p.000449: (2) In subsection (1)—
p.000449: (a) omit paragraph (e),
p.000449:
p.000450: 450
p.000450: Health and Social Care Act 2012 (c. 7)
p.000450: Schedule 21 — Amendments relating to relationships between the health services
p.000450: (b) after that paragraph insert—
p.000450: “(f) the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by the National Health
p.000450: Service Commissioning Board under or by virtue of the National Health Service Act 2006,”
p.000450: (c) after “such lists prepared by each Local Health Board” insert “and the National Health Service Commissioning
p.000450: Board”, and
p.000450: (d) omit “and each Primary Care Trust”.
p.000450: (3) In subsection (6)—
p.000450: (a) in paragraph (a)—
p.000450: (i) omit “or Primary Care Trust”, and
p.000450: (ii) before “may include” insert “or the National Health Service Commissioning Board”, and
p.000450: (b) in paragraph (b)—
p.000450: (i) omit “and each Primary Care Trust”, and
p.000450: (ii) after “included” insert “, and the National Health Service Commissioning Board,”.
p.000450: 32 In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be
p.000450: prescribed, to a Primary Care Trust,”.
p.000450: 33 In section 144 (persons and bodies about which provision is made), in subsection (2) for
p.000450: “section 22(6)” substitute “section 206(1)”.
p.000450: 34 In section 161 (transfers of trust property), in subsection (2)(c)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”
p.000450: 35 (1) Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
p.000450: (2) In subsection (1)—
p.000450: (a) after the first “by” insert “the National Health Service Commissioning Board, a clinical
p.000450: commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: (3) In subsection (3)(a)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: 36 In section 181 (payment for medical examination before application for admission to hospital
p.000450: under the Mental Health Act), in subsection (2)(b)—
p.000450: (a) omit “a Primary Care Trust,”, and
p.000450: (b) before “NHS trust” insert “an”.
p.000450: 37 In section 197 (university clinical teaching and research), in subsection (2)(a)—
p.000450: (a) after “exercisable by” insert “the National Health Service Commissioning Board,”,
p.000450: (b) after “a” insert “clinical commissioning group,”,
p.000450: (c) omit “a Strategic Health Authority,”, and
p.000450: (d) omit “Primary Care Trust,”.
p.000450:
p.000450: Health and Social Care Act 2012 (c. 7)
p.000450: Schedule 21 — Amendments relating to relationships between the health services
p.000450: 38 (1) In section 206 (interpretation), in subsection (1)—
p.000450: (a) before the definition of “dental practitioner” insert—
p.000451: 451
p.000451: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000451: Service Act 2006,”,
p.000451: (b) after the definition of “modifications” insert—
p.000451: ““NHS body” means—
p.000451: (a) a Special Health Authority,
...

p.000452: services contracts) is amended as follows.
p.000452: (2) In paragraph (2)—
p.000452: (a) in sub-paragraph (g)—
p.000452: (i) omit paragraph (i),
p.000452: (ii) omit paragraph (ii), and
p.000452: (iii) omit paragraph (iii),
p.000452: (b) after that sub-paragraph insert—
p.000452: “(ga) the National Health Service Commissioning Board; (gb) clinical commissioning groups established
p.000452: under
p.000452: section 14D of the National Health Service Act 2006;
p.000452: (gc) Special Health Authorities established under section 28 of that Act;
p.000452: (gd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;
p.000452: (ge) Local Health Boards established under section 11 of that Act;
p.000452: (gf) NHS trusts established under section 18 of that Act;”,
p.000452:
p.000452: Health and Social Care Act 2012 (c. 7)
p.000452: Schedule 21 — Amendments relating to relationships between the health services
p.000452: (c) in sub-paragraph (h) after paragraph (i) insert—
p.000452: “(ia) Special Health Boards;”,
p.000452: (d) after sub-paragraph (h) insert—
p.000452: “(ha) Healthcare Improvement Scotland,”,
p.000452: (e) omit sub-paragraph (i), and
p.000452: (f) before sub-paragraph (j) insert—
p.000453: 453
p.000453: “(ia) the National Institute for Health and Care Excellence; (ib) the Health and Social Care Information
p.000453: Centre;”.
p.000453: (3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub- paragraphs (g) to (gf), (h), (ha),
p.000453: (ia), (ib) and (j) of paragraph (2)”.
p.000453:
p.000453:
p.000453: SCHEDULE 22 Section 300(2)
p.000453: PROPERTY TRANSFER SCHEMES
p.000453:
p.000453:
p.000453:
p.000453: Transferor
p.000453: A Primary Care Trust
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453: A Strategic Health Authority
p.000453: Permitted transferees
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453: A clinical commissioning group A local authority
p.000453: The Care Quality Commission Monitor
p.000453: A Special Health Authority
p.000453: Any public authority which provides services as part of the health service in England
p.000453: Any other person who provides services as part of the health service in England and consents to the
p.000453: transfer
p.000453: A qualifying company
p.000453: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000453: Mental Health Act 1983
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453:
p.000454: 454
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000454:
p.000454:
p.000454: Transferor
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454: The Special Health Authority known as the National Institute for Health and Clinical Excellence
p.000454: The Special Health Authority known as the Health and Social Care Information Centre
p.000454: The Special Health Authority known as the NHS Institute for Innovation and Improvement
p.000454: The Special Health Authority known as the National Patient Safety Agency
p.000454:
p.000454:
p.000454: The Special Health Authority known as the NHS Business Services Authority
p.000454: The Appointments Commission
p.000454:
p.000454: The General Social Care Council
p.000454: Permitted transferees A clinical commissioning group A local authority
p.000454: The Care Quality Commission
p.000454: Monitor
p.000454: A Special Health Authority
p.000454: Any public authority which provides services as part of the health service in England
p.000454: Any other person who provides services as part of the health service in England and consents to the
p.000454: transfer
p.000454: A qualifying company
p.000454: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000454: Mental Health Act 1983
p.000454: The National Institute for Health and Care Excellence (established under section 232)
p.000454: The Health and Social Care Information Centre (established under section 252)
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454: The Health and Social Care Information Centre
p.000454: The Health and Social Care Information Centre
p.000454: A Minister of the Crown
p.000454: A Special Health Authority The Secretary of State
p.000454: The Health and Care Professions Council
p.000454:
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000455: 455
p.000455:
p.000455:
p.000455: Transferor
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: The Health Protection Agency The Secretary of State
p.000455: Permitted transferees
p.000455: A person authorised by the Secretary of State under subsection (5)(b) of section
p.000455: 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section
p.000455: Any other person who carries on activities in connection with social work or social care work
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: The Health and Social Care Information Centre
p.000455: A Special Health Authority A qualifying company
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: SCHEDULE 23 Section 300(3)
p.000455: STAFF TRANSFER SCHEMES
p.000455:
p.000455:
p.000455:
p.000455: Transferor
p.000455: Any Primary Care Trust
p.000455: Permitted transferees
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: A clinical commissioning group A local authority
p.000455: The Care Quality Commission A Special Health Authority
p.000455: Any public authority which exercises functions in relation to health and is prescribed in regulations
p.000455: A qualifying company
p.000455:
p.000456: 456
p.000456: Health and Social Care Act 2012 (c. 7) Schedule 23 — Staff transfer schemes
p.000456:
p.000456:
p.000456: Transferor
p.000456:
...

Social / Religion

Searching for indicator conviction:

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p.000210: (b) a person of a prescribed description may not perform local pharmaceutical services unless the person is
p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
...

Social / Soldier

Searching for indicator armed forces:

(return to top)
p.000007:
p.000007: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000007: After section 3 of the National Health Service Act 2006 insert—
p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
p.000009: 10 Health and Social
p.000009: Care Act 2012 (c. 7)
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must
p.000009: arrange for the provision of”.
p.000009: (3) In subsection (3)—
p.000009: (a) after “may be provided” insert “—
p.000009: (a) ”, and
p.000009: (b) after paragraph (a) insert “, and
p.000009: (b) only by a person approved by the Secretary of State for the purposes of this subsection.”
p.000009: (4) After subsection (3) insert—
p.000009: “(3A) The Secretary of State may—
p.000009: (a) give directions to a person who provides high security psychiatric services about the provision
p.000009: by that person of those services;
p.000009: (b) give directions to the Board about the exercise of its functions in relation to high security psychiatric
p.000009: services.”
p.000009:
p.000009: 17 Other services etc. provided as part of the health service
p.000009: (1) In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and
p.000009: services under this Act” substitute “about the provision of services for the purposes of the health service in
p.000009: England”.
p.000009: (2) Schedule 1 to that Act is amended as follows.
p.000009: (3) In paragraph 1 (medical inspection of pupils)—
...

p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
...

Social / Threat of Violence

Searching for indicator violence:

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p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
p.000075: (f) in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
p.000075:
p.000075: 40 After-care
p.000075: (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
p.000075: (2) In subsection (2)—
p.000075: (a) after “duty of the” insert “clinical commissioning group or”,
p.000075: (b) omit “Primary Care Trust or” in each place it appears, and
p.000075: (c) after “such time as the” insert “clinical commissioning group or”.
p.000075: (3) After subsection (2C) insert—
p.000075: “(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide”
p.000075: there were substituted “to arrange for the provision of”.
p.000075: (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning
p.000075: group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead
p.000075: on another clinical commissioning group or the National Health Service Commissioning Board.
p.000075: (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is
p.000075: to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the
p.000075: reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
p.000075: (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under
...

p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
...

p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
p.000410: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
...

Social / Trade Union Membership

Searching for indicator union:

(return to top)
p.000097: (a) a failure to perform a function includes a failure to perform it properly, and
p.000097: (b) a failure to perform a function properly includes a failure to perform it consistently with what the
p.000097: Secretary of State considers to be the interests of the health service in England or (as the case may be) with
p.000097: what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service”
p.000097: has the same meaning as in the National Health Service Act 2006.
p.000097:
p.000097: CHAPTER 2
p.000097: COMPETITION
p.000097:
p.000097: 72 Functions under the Competition Act 1998
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than
p.000097: sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of
p.000097: health care services in England—
p.000097:
p.000097: 98 Health and Social
p.000097: Care Act 2012 (c. 7)
p.000097: Part 3 — Regulation of health and adult social care services
p.000097: Chapter 2 — Competition
p.000097:
p.000097: (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive
p.000097: practices),
p.000097: (b) conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
p.000097: (c) agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the
p.000097: Functioning of the European Union (anti-competitive practices),
p.000097: (d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act
p.000097: 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6),
p.000097: 38(1) to (6), 51, 52(6) and (8) and 54.
p.000097:
p.000097: 73 Functions under Part 4 of the Enterprise Act 2002
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market
p.000097: investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of
p.000097: health care services in England.
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002
p.000097: to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to
p.000097: be read as including references to Monitor, except in sections 166 and 171.
p.000097: (4) Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by
p.000097: virtue of this section, it must consult the other.
p.000097: (5) Neither the Office of Fair Trading nor Monitor may exercise in relation to any matter functions which are
p.000097: exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in
p.000097: relation to that matter by the other.
...

p.000346: 63 In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
p.000346: (a) in paragraph (a)—
p.000346: (i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust or”, and
p.000346: (b) in paragraph (aa)—
p.000346: (i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health
p.000346: Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust, Authority or”.
p.000346: 64 In section 11 (interpretation)—
p.000346: (a) in the definition of “health service body”, in paragraph (a)—
p.000346: (i) omit “Strategic Health Authority,”,
p.000346: (ii) for “, Local” substitute “or Local”, and
p.000346: (iii) omit “or Primary Care Trust”,
p.000346: (b) omit the definition of “Primary Care Trust”, and
p.000346: (c) omit the definition of “Strategic Health Authority”.
p.000346: London Local Authorities Act 1991 (c. xiii)
p.000346: 65 In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment
p.000346: for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National
p.000346: Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service
p.000346: Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006
p.000346: (including by virtue of section 7A of that Act)”.
p.000346: Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
p.000346: 66 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service
p.000346: practitioners)—
p.000346: (a) in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service
p.000346: Commissioning Board”,
p.000346: (b) in that paragraph, after “or” (in the first place it occurs) insert “a”,
p.000346: (c) in the words after paragraph (b) in that subsection, omit “authority or”,
p.000346: (d) in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or”
p.000346: substitute “the National Health Service Commissioning Board or a”,
p.000346: (e) in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service
p.000346: Commissioning Board or a”,
p.000346:
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000347: 347
p.000347: (f) in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into
p.000347: by him with the National Health Service Commissioning Board”, and
p.000347: (g) in the words after that paragraph, omit “Trust, Authority or.”
p.000347: Health Service Commissioners Act 1993 (c. 46)
p.000347: 67 The Health Service Commissioners Act 1993 is amended as follows.
p.000347: 68 In section 2 (health service bodies subject to investigation), in subsection (1)—
p.000347: (a) omit paragraph (a),
p.000347: (b) omit paragraph (da), and
p.000347: (c) after paragraph (db) insert—
p.000347: “(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.”
...

Social / Victim of Abuse

Searching for indicator abuse:

(return to top)
p.000097: (5) Where the Secretary of State exercises a power under subsection (2) or (4), the Secretary of State must publish
p.000097: the reasons for doing so.
p.000097: (6) For the purposes of this section—
p.000097: (a) a failure to perform a function includes a failure to perform it properly, and
p.000097: (b) a failure to perform a function properly includes a failure to perform it consistently with what the
p.000097: Secretary of State considers to be the interests of the health service in England or (as the case may be) with
p.000097: what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service”
p.000097: has the same meaning as in the National Health Service Act 2006.
p.000097:
p.000097: CHAPTER 2
p.000097: COMPETITION
p.000097:
p.000097: 72 Functions under the Competition Act 1998
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than
p.000097: sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of
p.000097: health care services in England—
p.000097:
p.000097: 98 Health and Social
p.000097: Care Act 2012 (c. 7)
p.000097: Part 3 — Regulation of health and adult social care services
p.000097: Chapter 2 — Competition
p.000097:
p.000097: (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive
p.000097: practices),
p.000097: (b) conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
p.000097: (c) agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the
p.000097: Functioning of the European Union (anti-competitive practices),
p.000097: (d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act
p.000097: 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6),
p.000097: 38(1) to (6), 51, 52(6) and (8) and 54.
p.000097:
p.000097: 73 Functions under Part 4 of the Enterprise Act 2002
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market
p.000097: investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of
p.000097: health care services in England.
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002
p.000097: to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to
p.000097: be read as including references to Monitor, except in sections 166 and 171.
p.000097: (4) Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by
p.000097: virtue of this section, it must consult the other.
p.000097: (5) Neither the Office of Fair Trading nor Monitor may exercise in relation to any matter functions which are
p.000097: exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in
p.000097: relation to that matter by the other.
p.000097: (6) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading
p.000097: information) as applied by section 180 of that Act is to have effect so far as relating to functions exercisable by
...

Social / Youth/Minors

Searching for indicator minor:

(return to top)
p.000002: 182 Activities relating to local care services
p.000002: 183 Local authority arrangements
p.000002: 184 Local arrangements: power to make further provision
p.000002: 185 Independent advocacy services
p.000002: 186 Requests, rights of entry and referrals
p.000002: 187 Annual reports
p.000002: 188 Transitional arrangements
p.000002: 189 Consequential provision
p.000002: CHAPTER 2
p.000002: LOCAL GOVERNMENT
p.000002:
p.000002: Scrutiny functions of local authorities
p.000002: 190 Scrutiny functions of local authorities
p.000002: 191 Amendments consequential on section 190
p.000002:
p.000002: Joint strategic needs assessments and strategies
p.000002: 192 Joint strategic needs assessments
p.000002: 193 Joint health and wellbeing strategies
p.000002:
p.000002: Health and Wellbeing Boards: establishment
p.000002: 194 Establishment of Health and Wellbeing Boards
p.000002:
p.000002: viii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Health and Wellbeing Boards: functions
p.000002: 195 Duty to encourage integrated working
p.000002: 196 Other functions of Health and Wellbeing Boards
p.000002:
p.000002: Health and Wellbeing Boards: supplementary
p.000002: 197 Participation of NHS Commissioning Board
p.000002: 198 Discharge of functions of Health and Wellbeing Boards
p.000002: 199 Supply of information to Health and Wellbeing Boards
p.000002:
p.000002:
p.000002:
p.000002: 200 Care Trusts
p.000002: Care Trusts
p.000002:
p.000002: CHAPTER 3
p.000002: THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
p.000002: 201 Disclosure of reports etc. by the Health Service Commissioner
p.000002: PART 6
p.000002: PRIMARY CARE SERVICES
p.000002: 202 Medical services: minor amendments
p.000002: 203 Persons eligible to enter into general dental services contracts
p.000002: 204 Arrangements under section 107 of the National Health Service Act 2006
p.000002: 205 Payments in respect of costs of sight tests
p.000002: 206 Pharmaceutical needs assessments
p.000002: 207 Control of entry on pharmaceutical lists
p.000002: 208 Lists of performers of pharmaceutical services and assistants etc.
p.000002: PART 7
p.000002: REGULATION OF HEALTH AND SOCIAL CARE WORKERS
p.000002:
p.000002: Orders under section 60 of the Health Act 1999
p.000002: 209 Power to regulate social workers etc. in England
p.000002: 210 Training etc. of approved mental health professionals in England
p.000002: 211 Orders regulating social care workers in England: further provision
p.000002:
p.000002: The General Social Care Council
p.000002: 212 Abolition of the General Social Care Council
p.000002:
p.000002: The Health and Care Professions Council
p.000002: 213 Regulation of social workers in England
p.000002: 214 The Health and Care Professions Council
p.000002: 215 Functions of the Council in relation to social work in England
p.000002: 216 Appeals in cases involving social workers in England
p.000002: 217 Approval of courses for approved mental health professionals
p.000002: 218 Exercise of function of approving courses, etc.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: ix
p.000002:
p.000002:
p.000002: 219 Arrangements with other health or social care regulators
p.000002: 220 References in enactments to registered health professionals, etc.
p.000002:
p.000002: Role of the Secretary of State
p.000002: 221 Functions of the Secretary of State in relation to social care workers
p.000002:
p.000002: The Professional Standards Authority for Health and Social Care
...

p.000002: 302 Subsequent property transfer schemes
p.000002: PART 12
p.000002: FINAL PROVISIONS
p.000002: 303 Power to make consequential provision
p.000002: 304 Regulations, orders and directions
p.000002: 305 Financial provision
p.000002: 306 Commencement
p.000002: 307 Commencement: consultation with Scottish Ministers
p.000002: 308 Extent
p.000002: 309 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — The National Health Service Commissioning Board Schedule 2 — Clinical commissioning groups
p.000002: Schedule 3 — Pharmaceutical remuneration
p.000002: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000002: Part 2 — NHS Bodies Part 3 — Local authorities Part 4 — Medical services Part 5 — Dental services
p.000002: Part 6 — Ophthalmic services Part 7 — Pharmaceutical services Part 8 — Charging
p.000002: Part 9 — Fraud etc.
p.000002: Part 10 — Property and finance
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
...

p.000150: “commissioner”, in relation to a health care service, means the person who arranges for the provision of the
p.000150: service (and “commission” is to be construed accordingly);
p.000150: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act
p.000150: 1978);
p.000150: “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
p.000150: “financial year” means a period of 12 months ending with 31 March; “health care” and “health care service” each have
p.000150: the meaning given in
p.000150: section 64;
p.000150: “the NHS” has the meaning given in that section; “prescribed” means prescribed in regulations; “service” includes
p.000150: facility.
p.000150: (2) Until section 9 comes into force, the references in this Part to the National Health Service
p.000150: Commissioning Board (other than the reference in section 94(11)(b)) are to be read as references to the
p.000150: NHS Commissioning Board Authority.
p.000150: (3) Until the day specified by Secretary of State for the purposes of section 14A of the National Health Service Act
p.000150: 2006, the references in this Part to a clinical commissioning group (other than the reference in section 94(11)(a)) are
p.000150: to be read as references to a Primary Care Trust.
p.000150: (4) Until section 181 comes into force, the following provisions in this Part are to be read as if the words
p.000150: “and its Healthwatch England committee” were omitted—
p.000150: (a) section 83(4)(c);
p.000150: (b) section 84(5)(a)(iii);
p.000150: (c) section 95(2)(e);
p.000150: (d) section 100(2)(e).
p.000150: (5) Schedule 13 (which contains minor and consequential amendments) has effect.
p.000150: PART 4
p.000150: NHS FOUNDATION TRUSTS & NHS TRUSTS
p.000150:
p.000150: Governance and management
p.000150:
p.000150: 151 Governors
p.000150: (1) In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have
p.000150: governors)—
p.000150: (a) in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
p.000150: (b) in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
p.000150: (2) Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be
p.000150: appointed by PCT).
p.000150:
p.000150: Health and Social Care Act 2012 (c. 7)
p.000150: Part 4 — NHS foundation trusts & NHS trusts
p.000151: 151
p.000151:
p.000151: (3) For paragraph 9(7) of that Schedule (partnership organisations) substitute— “(7) Any organisation specified
p.000151: in the constitution for the purposes of
p.000151: this sub-paragraph may appoint one or more members of the council
p.000151: (but no more than the number specified for those purposes in the constitution).”
p.000151: (4) After paragraph 10 of that Schedule insert—
p.000151: “10A The general duties of the council of governors are—
p.000151: (a) to hold the non-executive directors individually and collectively to account for the
p.000151: performance of the board of directors, and
p.000151: (b) to represent the interests of the members of the corporation as a whole and the interests of the public.”
p.000151: (5) After paragraph 10A of that Schedule insert—
p.000151: “10B A public benefit corporation must take steps to secure that the governors are equipped with the
p.000151: skills and knowledge they require in their capacity as such.”
...

p.000205: (12) In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or
p.000205: clinical commissioning group or NHS foundation trust”.
p.000205: (13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has
p.000205: satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the
p.000205: National Health Service Act 2006 before the commencement of those subsections.
p.000205: (14) A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its
p.000205: designation as a Care Trust revoked must notify the Secretary of State of that revocation.
p.000205: (15) Despite the repeal of subsection (6) of section 77 of the National Health Service Act 2006 by subsection (8),
p.000205: that subsection continues to have effect so far as it applies to the revocation of designations—
p.000205: (a) in relation to Primary Care Trusts, until the commencement of section 34, and
p.000205: (b) in relation to NHS trusts, until the commencement of section 179.
p.000205:
p.000205: CHAPTER 3
p.000205: THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
p.000205:
p.000205: 201 Disclosure of reports etc. by the Health Service Commissioner
p.000205: In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H)
p.000205: insert—
p.000205: “(2I) Where the Commissioner is required by this section to send a report or statement of reasons to certain
p.000205: persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks
p.000205: appropriate.”
p.000205:
p.000205: PART 6
p.000205: PRIMARY CARE SERVICES
p.000205:
p.000205: 202 Medical services: minor amendments
p.000205: (1) In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services
p.000205: contracts), in subsection (3), in paragraphs (a) and (b), before “legally and beneficially” insert “both”.
p.000205: (2) In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for “may
p.000205: make” substitute “must make”.
p.000205: (3) In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act
p.000205: for the provision of primary medical services), in the definition of “qualifying body” in subsection (3),
p.000205: before “legally and beneficially” insert “both”.
p.000205:
p.000206: 206
p.000206: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000206:
p.000206: 203 Persons eligible to enter into general dental services contracts
p.000206: (1) Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services
p.000206: contracts) is amended as follows.
p.000206: (2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
p.000206: (3) After that subsection insert “,
p.000206: (d) a limited liability partnership where the conditions in subsection (2A) are satisfied.”
p.000206: (4) In subsection (2), for paragraph (b) substitute— “(b) subsection (3A) or (3B) applies.”
p.000206: (5) After that subsection insert—
p.000206: “(2A) The conditions referred to in subsection (1)(d) are that—
p.000206: (a) at least one member is a dental practitioner, and
p.000206: (b) subsection (3A) or (3B) applies.”
p.000206: (6) After subsection (3) insert—
p.000206: “(3A) This subsection applies if a partner or member who is a dental practitioner, or who falls
...

p.000238: (1E) In subsection (1D), “the social work profession in England” and “unregulated social care worker in
p.000238: England” each have the meaning given in section 25E.”
p.000238: (7) In section 26B of that Act (duty of the Authority to inform and consult the public), after
p.000238: subsection (1) insert—
p.000238: “(1A) The references in subsection (1) to the Authority’s functions do not include a reference to its
p.000238: accreditation functions.
p.000238: (1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its
p.000238: accreditation functions, the Authority may publish or provide in such manner as it thinks fit information
p.000238: about the exercise of those functions.
p.000238: (1C) For the purposes of this section, the Authority’s accreditation functions are—
p.000238: (a) its functions under sections 25G to 25I,
p.000238: (b) its functions under section 26 that relate to the performance of voluntary registration functions (within the
p.000238: meaning given by section 25I), and
p.000238: (c) its function under section 26A(1B).”
p.000238: (8) In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
p.000238: (9) At the end of subsection (4) of that section insert “(other than its accreditation functions)”.
p.000238:
p.000238: Consequential provision etc.
p.000238:
p.000238: 230 Consequential provisions and savings, etc.
p.000238: (1) Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and
p.000238: savings relating to the preceding provisions of this Part) have effect.
p.000238: (2) The Privy Council may by order make transitional, transitory or saving provision in connection with
p.000238: the commencement of the preceding provisions of this Part.
p.000238: (3) The quorum for the exercise of the power under subsection (2) is two.
p.000238: (4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument
p.000238: signed by the Clerk of the Council.
p.000238: (5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002
p.000238: (regulations and orders), after subsection (4) insert—
p.000238: “(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of
p.000238: Schedule 7 is two; and anything
p.000238:
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000239: 239
p.000239:
p.000239: done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an
p.000239: instrument signed by the Clerk of the Council.”
p.000239: (6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect
p.000239: the power to make a further Order in Council under that section amending or revoking provision made by
p.000239: those amendments.
p.000239:
p.000239: The Office of the Health Professions Adjudicator
p.000239:
p.000239: 231 Abolition of the Office of the Health Professions Adjudicator
p.000239: (1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
...

p.000398: to the Competition Commission of the costs incurred by the Commission in connection with the reference.
p.000398: (2) Where it is determined that the method to which the reference relates is not appropriate, the order must require
p.000398: those costs to be paid by Monitor.
p.000398: (3) Where it is determined that the method to which the reference relates is appropriate, the order must
p.000398: require those costs to be paid by such objectors as are specified in the order.
p.000398: (4) Where the order specifies more than one objector, it may specify the proportions in which the objectors
p.000398: are to be liable for the costs.
p.000398: (5) The group that makes a determination on a reference under section 120 may also make an order requiring
p.000398: Monitor or an objector who made representations in accordance with paragraph 2 to make payments to the other
p.000398: in respect of costs incurred by the other in connection with the determination.
p.000398: (6) A person required by an order under this paragraph to pay a sum to another person must comply with the order
p.000398: before the end of the period of 28 days beginning with the day after the making of the order.
p.000398: (7) Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at
p.000398: such rate as may be determined in accordance with provision in the order.
p.000398: Power to modify time limits
p.000398: 13 The Secretary of State may by order vary any period specified in this Schedule as the period
p.000398: within which something must be done.
p.000398:
p.000398: Health and Social Care Act 2012 (c. 7)
p.000398: Schedule 13 — Part 3: minor and consequential amendments
p.000399: 399
p.000399: SCHEDULE 13 Section 150
p.000399: PART 3: MINOR AND CONSEQUENTIAL AMENDMENTS
p.000399: General
p.000399: 1 (1) Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to
p.000399: be read, in relation to any time after the commencement of section 61, as a reference to Monitor.
p.000399: (2) Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation
p.000399: to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.
p.000399: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000399: 2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—
p.000399: “(bk) Monitor;”.
p.000399: Parliamentary Commissioner Act 1967 (c. 13)
p.000399: 3 (1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
p.000399: (a) at the appropriate place insert— “Monitor.”, and
p.000399: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399: Superannuation Act 1972 (c. 11)
p.000399: 4 (1) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under
p.000399: section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000399: (2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care
p.000399: (Community Health and Standards) 2003 (which inserted the entry in question).
p.000399: House of Commons Disqualification Act 1975 (c. 24)
p.000399: 5 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
p.000399: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000399: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000399: Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399:
p.000400: 400
p.000400: Health and Social Care Act 2012 (c. 7) Schedule 13 — Part 3: minor and consequential amendments
p.000400: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000400: 6 (1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying
p.000400: offices)—
p.000400: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000400: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000400: Foundation Trusts.
p.000400: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health
p.000400: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000400: Freedom of Information Act 2000 (c. 36)
p.000400: 7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices:
p.000400: general)—
p.000400: (a) at the appropriate place insert— “Monitor.”, and
p.000400: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000400: National Health Service Act 2006 (c. 41)
p.000400: 8 The National Health Service Act 2006 is amended as follows.
p.000400: 9 (1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS
p.000400: Foundation Trusts).
p.000400: (2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
p.000400: 10 (1) Omit section 32 (general duty of regulator).
p.000400: (2) Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts
p.000400: in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
p.000400: 11 In section 275(1) (general interpretation), at the appropriate place, insert— ““the regulator” means
p.000400: Monitor,”.
p.000400: 12 In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)”
p.000400: substitute “section 275(1)”.
p.000400: National Health Service (Wales) Act 2006 (c. 42)
p.000400: 13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in
p.000400: reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS
p.000400: Foundation Trusts” substitute “Monitor”.
p.000400: Health and Social Care Act 2008 (c. 14)
p.000400: 14 The Health and Social Care Act 2008 is amended as follows.
p.000400: 15 In section 30(3) (urgent applications for cancellation of registration of service
p.000400:
p.000400: Health and Social Care Act 2012 (c. 7)
p.000400: Schedule 13 — Part 3: minor and consequential amendments
p.000400: provider: notice requirements), for paragraph (c) substitute—
p.000401: 401
p.000401: “(c) where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of
p.000401: the Health and Social Care Act 2012, to Monitor,”.
p.000401: 16 In section 39(1) (notice requirements in relation to certain matters), for paragraph (c)
p.000401: substitute—
p.000401: “(c) where the person registered as a service provider in respect of the activity is a person who holds a licence
p.000401: under Chapter
p.000401: 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,”.
p.000401: 17 In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission),
p.000401: for subsection (2) substitute—
p.000401: “(2) The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons
p.000401: who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.”
p.000401: Health Act 2009 (c. 21)
p.000401: 18 In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph
p.000401: (f) substitute—
p.000401: “(f) Monitor;”.
p.000401: Equality Act 2010 (c.15)
p.000401: 19 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the
p.000401: entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.
p.000401:
p.000401:
p.000401: SCHEDULE 14 Section 179
p.000401: ABOLITION OF NHS TRUSTS IN ENGLAND: CONSEQUENTIAL AMENDMENTS
p.000401: PART 1
p.000401: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006
p.000401: 1 The National Health Service Act 2006 is amended as follows.
...

Searching for indicator youth:

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p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
p.000350: Crime and Disorder Act 1998 (c. 37)
p.000350: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000350: 83 The Crime and Disorder Act 1998 is amended as follows.
p.000350: 84 In section 5 (authorities responsible for crime and disorder strategies), in subsection
p.000350: (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
p.000350: 85 In section 38 (local provision of youth justice services), in subsection (2)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”, and
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 86 In section 39 (Youth Offending Teams), in subsection (3)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”,
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 87 In that section, in subsection (5)(d)—
p.000350: (a) after “nominated by” insert “a clinical commissioning group or”, and
p.000350: (b) omit “a Primary Care Trust or”.
p.000350: 88 In section 41 (the Youth Justice Board), in subsection (10)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “and”, and
p.000350: (c) omit “and a Primary Care Trust”.
p.000350: 89 In section 42 (supplementary provisions), in subsection (3)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “or”, and
p.000350: (c) omit “or a Primary Care Trust”.
p.000350: 90 In section 115, in subsection (2) (disclosure of information to relevant authorities)—
p.000350: (a) omit paragraph (ea),
p.000350: (b) after paragraph (f) insert—
p.000350: “(fa) the National Health Service Commissioning Board; (fb) a clinical commissioning group;”, and
p.000350: (c) omit paragraph (g).
p.000350: Health Act 1999 (c. 8)
p.000350: 91 The Health Act 1999 is amended as follows.
p.000350: 92 In section 61 (English and Scottish border provisions)—
p.000350: (a) in subsection (2)—
p.000350: (i) after “Secretary of State” insert “, the National Health Service Commissioning Board”,
p.000350: (ii) after “any” insert “clinical commissioning group”,
p.000350: (iii) omit “Strategic Health Authority”, and
p.000350:
p.000350: Health and Social Care Act 2012 (c. 7)
p.000350: Schedule 5 — Part 1: amendments of other enactments
p.000350: (iv) omit “or Primary Care Trust”, and
p.000350: (b) in subsection (5)—
p.000350: (i) after “any” insert “clinical commissioning group”, and
...

Social / education

Searching for indicator education:

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p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: £44.75
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002: CONTENTS
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: 4 The Secretary of State’s duty as to reducing inequalities
p.000002: 5 The Secretary of State’s duty as to promoting autonomy
p.000002: 6 The Secretary of State’s duty as to research
p.000002: 7 The Secretary of State’s duty as to education and training
p.000002: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000002: 9 The NHS Commissioning Board
p.000002: 10 Clinical commissioning groups
p.000002:
p.000002: Arrangements for provision of health services
p.000002: 11 The Secretary of State’s duty as to protection of public health
p.000002: 12 Duties as to improvement of public health
p.000002: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000002: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000002: 15 Power to require Board to commission certain health services
p.000002: 16 Secure psychiatric services
p.000002: 17 Other services etc. provided as part of the health service
p.000002: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000002: 19 Regulations relating to EU obligations
p.000002:
p.000002: ii Health and Social
p.000002: Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: 20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
p.000002: 21 Functions of Special Health Authorities
p.000002: 22 Exercise of public health functions of the Secretary of State
p.000002:
p.000002: Further provision about the Board
p.000002: 23 The NHS Commissioning Board: further provision
p.000002: 24 Financial arrangements for the Board
p.000002:
p.000002: Further provision about clinical commissioning groups
p.000002: 25 Clinical commissioning groups: establishment etc.
p.000002: 26 Clinical commissioning groups: general duties etc.
...

p.000002: 254 Powers to direct Information Centre to establish information systems
p.000002: 255 Powers to request Information Centre to establish information systems
p.000002: 256 Requests for collection under section 255: confidential information
p.000002: 257 Requests under section 255: supplementary
p.000002: 258 Information systems: supplementary
p.000002: 259 Powers to require and request provision of information
p.000002: 260 Publication of information
p.000002: 261 Other dissemination of information
p.000002: 262 Other dissemination: directions and requests under sections 254 and 255
p.000002: 263 Code of practice on confidential information
p.000002: 264 Information Register
p.000002: 265 Advice or guidance
p.000002:
p.000002: Functions: quality of health and social care information
p.000002: 266 Assessment of quality of information
p.000002: 267 Power to establish accreditation scheme
p.000002:
p.000002: Functions: other
p.000002: 268 Database of quality indicators
p.000002: 269 Power to confer functions in relation to identification of GPs
p.000002: 270 Additional functions
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xi
p.000002:
p.000002:
p.000002: 271 Arrangements with other bodies
p.000002: 272 Failure by Information Centre to discharge any of its functions
p.000002: 273 Protection from personal liability
p.000002:
p.000002: General and supplementary
p.000002: 274 Powers of Secretary of State or Board to give directions
p.000002: 275 Interpretation of this Chapter
p.000002: 276 Dissolution of predecessor body
p.000002: 277 Consequential provision
p.000002: PART 10
p.000002: ABOLITION OF CERTAIN PUBLIC BODIES ETC
p.000002: 278 The Alcohol Education and Research Council
p.000002: 279 The Appointments Commission
p.000002: 280 The National Information Governance Board for Health and Social Care
p.000002: 281 The National Patient Safety Agency
p.000002: 282 The NHS Institute for Innovation and Improvement
p.000002: 283 Standing advisory committees
p.000002: PART 11
p.000002: MISCELLANEOUS
p.000002:
p.000002: Information relating to births and deaths etc.
p.000002: 284 Special notices of births and deaths
p.000002: 285 Provision of information by Registrar General
p.000002: 286 Provision of information by Registrar General: Wales
p.000002: 287 Provision of statistical information by Statistics Board
p.000002:
p.000002: Duties to co-operate
p.000002: 288 Monitor: duty to co-operate with Care Quality Commission
p.000002: 289 Care Quality Commission: duty to co-operate with Monitor
p.000002: 290 Other duties to co-operate
p.000002: 291 Breaches of duties to co-operate
p.000002:
p.000002: The Care Quality Commission
p.000002: 292 Requirement for Secretary of State to approve remuneration policy etc.
p.000002: 293 Conduct of reviews etc.
p.000002: 294 Failure to discharge functions
p.000002:
p.000002: Arrangements with devolved authorities etc.
p.000002: 295 Arrangements between the Board and Northern Ireland Ministers
p.000002: 296 Arrangements between the Board and Scottish Ministers etc.
p.000002: 297 Relationships between the health services
p.000002: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000002:
p.000002: xii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Supervised community treatment under the Mental Health Act 1983
p.000002: 299 Certificate of consent of community patients to treatment
p.000002:
p.000002: Transfer schemes
...

p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
p.000002: commissioning groups and to make other provision about the National Health Service in England; to make
p.000002: provision about public health in the United Kingdom; to make provision about regulating health
p.000002: and adult social care services; to make provision about public involvement in health and social care
p.000002: matters, scrutiny of health matters by local authorities and co-operation between local authorities and
p.000002: commissioners of health care services; to make provision about regulating health and social care workers;
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
...

p.000003: service.”
p.000003:
p.000003: 5 The Secretary of State’s duty as to promoting autonomy
p.000003: After section 1C of the National Health Service Act 2006 insert—
p.000003: “1D Duty as to promoting autonomy
p.000003: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the
p.000003: desirability of securing, so far as consistent with the interests of the health service—
p.000003: (a) that any other person exercising functions in relation to the health service or providing services for
p.000003: its purposes is free to exercise those functions or provide those services in the manner that it considers most
p.000003: appropriate, and
p.000003: (b) that unnecessary burdens are not imposed on any such person.
p.000003: (2) If, in the case of any exercise of functions, the Secretary of State considers that there is a
p.000003: conflict between the matters mentioned in subsection (1) and the discharge by the Secretary of State of the duties
p.000003: under section 1, the Secretary of State must give priority to the duties under that section.”
p.000003:
p.000003: 6 The Secretary of State’s duty as to research
p.000003: After section 1D of the National Health Service Act 2006 insert—
p.000003: “1E Duty as to research
p.000003: In exercising functions in relation to the health service, the Secretary of State must promote—
p.000003: (a) research on matters relevant to the health service, and
p.000003: (b) the use in the health service of evidence obtained from research.”
p.000003:
p.000003: 7 The Secretary of State’s duty as to education and training
p.000003: After section 1E of the National Health Service Act 2006 insert—
p.000003: “1F Duty as to education and training
p.000003: (1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment
p.000003: so as to secure that there is an effective system for the planning and delivery of education and
p.000003: training to persons who are employed, or who are considering
p.000003:
p.000003: 4 Health and Social
p.000003: Care Act 2012 (c. 7)
p.000003: Part 1 — The health service in England
p.000003:
p.000003: becoming employed, in an activity which involves or is connected with the provision of services as part of the health
p.000003: service in England.
p.000003: (2) Any arrangements made with a person under this Act for the provision of services as part of that health service
p.000003: must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the
p.000003: duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under
p.000003: section 7, with the Special Health Authority).
p.000003: (3) In subsection (1), “relevant enactment” means—
p.000003: (a) section 63 of the Health Services and Public Health Act 1968,
p.000003: (b) this Act,
p.000003: (c) the Health and Social Care Act 2008,
p.000003: (d) the Health Act 2009, and
p.000003: (e) the Health and Social Care Act 2012.”
p.000003:
p.000003: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: After section 1F of the National Health Service Act 2006 insert—
p.000003: “1G Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: (1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a
p.000003: report before Parliament on the treatment of NHS health care providers as respects any matter, including
...

p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
p.000021: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (2) The Board must exercise its functions with a view to securing that the provision of health services is
p.000021: integrated with the provision of health- related services or social care services where it considers that
p.000021: this would—
p.000021: (a) improve the quality of the health services (including the outcomes that are achieved
p.000021: from the provision of those services),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (3) The Board