LegalizeReform history
Health Act 1999
33 versions
· 1999-06-30
2019-12-02
Health Act 1999
2017-08-07
Health Act 1999
2015-01-15
Health Act 1999
2012-08-14
Health Act 1999
2012-03-27
Health Act 1999
2010-09-27
Health Act 1999
2010-04-01
Health Act 1999
2009-01-01
Health Act 1999
2008-11-03
Health Act 1999
2008-10-01
Health Act 1999
2008-07-21
Health Act 1999
2007-04-03
Health Act 1999
2007-03-01
Health Act 1999
2006-10-01
Health Act 1999
2006-04-01
Health Act 1999
2005-10-05
Health Act 1999
2004-11-01
Health Act 1999
2004-08-01
Health Act 1999
2004-07-22
Health Act 1999
2004-04-01
Health Act 1999
2004-03-04
Health Act 1999
2004-01-31
Health Act 1999
2003-12-01
Health Act 1999
2003-10-20
Health Act 1999
2003-07-11
Health Act 1999
Changes on 2003-07-11
@@ -625,10 +625,46 @@
- (c) the function of carrying out investigations into, and making reports on, the management, provision or quality of health care for which Strategic Health Authorities, Health Authorities, Primary Care Trusts or NHS trusts have responsibility,
- (d) the function of conducting reviews of, and making reports on, the management, provision or quality of, or access to or availability of, particular types of health care for which NHS bodies or service providers have responsibility, and
- (d) the function of conducting reviews of, and making reports on, the management, provision or quality of, or access to or availability of, health care for which NHS bodies or service providers have responsibility, . . .
- (da) the function of conducting reviews of, and making reports on, the quality of data obtained by others relating to the management, provision or quality of, or access to or availability of, health care for which NHS bodies or service providers have responsibility, the validity of conclusions drawn from such data, and the methods used in their collection and analysis,
- (db) the function of carrying out inspections of NHS bodies and service providers, and persons who provide or are to provide health care for which NHS bodies or service providers have responsibility, and making reports on the inspections, and
- (e) such functions as may be prescribed relating to the management, provision or quality of, or access to or availability of, health care for which prescribed NHS bodies or prescribed service providers have responsibility.
- (1A) The functions of conducting reviews and of carrying out investigations include—
- (a) the collection and analysis of data, and
- (b) the assessment of performance against criteria.
- (1B) Subject to any regulations under paragraph (d) of subsection (2), the Commission must publish at least a summary of each report it makes in the exercise of the functions conferred on it by or under this section and sections 21 and 22.
- (1C) The inspections referred to in paragraph (db) of subsection (1) are to be carried out only in connection with the function referred to in paragraph (d) of that subsection.
- (1D) If after carrying out—
- (a) a review under subsection (1)(b),
- (b) an investigation under subsection (1)(c),
- (c) any function equivalent to one referred to in paragraph (a) or (b) prescribed under subsection (1)(e), or
- (d) an inspection under subsection (1)(db),
the Commission is of the view referred to in subsection (1E) as to a body, service provider or other person reviewed, investigated or inspected (taking account, if appropriate, of any other relevant information the Commission may have), the Commission must make a report of its view to the Secretary of State.
- (1E) The view referred to is that—
- (a) the health care for which the body or service provider in question has responsibility is of unacceptably poor quality (whether generally or in particular areas), or
- (b) there are significant failings in the way the body, service provider or other person is being run (including, where the service provider or other person is an individual, the way his practice is being run).
- (1F) In its report, the Commission may recommend to the Secretary of State that he take special measures in relation to the body or service provider in question with a view to improving the health care for which it is responsible or the way the body, service provider or other person (or, as mentioned in subsection (1E)(b), his practice) is being run.
- (1G) The report must give the Commission’s reasons for its view, and for any recommendation under subsection (1F).
- (2) The Secretary of State may by regulations make provision—
- (a) as to the times at which, the cases in which, the manner in which, the persons in relation to which or the matters with respect to which any functions of the Commission are to be exercised,
@@ -637,7 +673,7 @@
- (c) as to the persons to whom any advice, information or reports are to be given or made,
- (d) as to the publication of reports and summaries of reports,
- (d) as to cases or classes of case in which the Commission must publish reports (and not just summaries),
- (e) as to the recovery from prescribed persons of amounts in respect of the expenditure incurred by the Commission in the exercise of any of its functions, and
@@ -2438,7 +2474,7 @@
- (1) There is to be a chief executive of the Commission (to be known as the Director for Health Improvement) who is to be an employee of the Commission and is to be responsible to the Commission for the general exercise of the Commission’s functions.
- (2) Subject to sub-paragraph (3), the Director for Health Improvement is to be appointed by the Commission, but his appointment requires the consent of the Secretary of State.
- (2) Subject to sub-paragraph (3), the Director for Health Improvement is to be appointed by the Commission . . . .
- (3) The first Director for Health Improvement is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.
@@ -2446,19 +2482,23 @@
- (5) Employees of the Commission are to be appointed by the Commission on such terms and conditions as the Commission may determine.
- (6) The Secretary of State may give directions as to—
- (a) the appointment of employees (including any conditions to be fulfilled for appointment), and
- (b) the terms and conditions of appointment of employees.
- (7) The Commission must comply with any directions under sub-paragraph (6).
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Delegation of functions
##### 8
The Commission may arrange for the discharge of any of its functions by a committee, sub-committee, member or employee of the Commission.
- (1) The Commission may arrange for the discharge of any of its functions by
- (a) a committee, sub-committee, member or employee of the Commission, or
- (b) any other person.
- (2) If the Commission arranges for the discharge of any function falling within section 20(1A) of this Act by one or more committees or sub-committees of the Commission, the persons by whom those functions are to be discharged are to be known collectively as “the Office for Information on Health Care Performance”.
- (3) If the Commission arranges for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
### Assistance
@@ -2512,7 +2552,13 @@
##### 12
- (1) As soon as possible after the end of each financial year, the Commission must make a report to the Secretary of State on the exercise of its functions during the year.
- (1) As soon as possible after the end of each financial year, the Commission must make a report to the Secretary of State on the way in which the Commission has exercised its functions during the year.
- (1A) As soon as possible after the end of each financial year, the Commission must also make a report to the Secretary of State and the National Assembly for Wales on what it has found in relation to NHS bodies and service providers in the course of exercising its functions during the year.
- (1B) The Secretary of State must lay before Parliament any reports he receives under sub-paragraphs (1) and (1A).
- (1C) The National Assembly for Wales must publish any report it receives under sub-paragraph (1A).
- (2) The Commission must provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time require.
@@ -3735,41 +3781,41 @@
## SCHEDULE 5
#### Repeal of law about fund-holding practices.
#### Primary Care Trusts: provision of services etc.
#### Primary Care Trusts.
#### Delegation of Health Authority functions relating to pilot schemes and section 28C arrangements.
#### Indemnity cover for Part II services.
#### Remuneration for Part II services.
#### Local representative committees.
#### Exercise of powers.
#### Existing NHS trusts: conversion of initial loan.
#### Duty of quality.
#### Payments by local authorities to NHS bodies.
#### Statutory schemes: supplementary.
#### Directions.
#### Public dividend capital.
#### Borrowing.
#### The Commission for Health Improvement.
#### Arrangements between NHS bodies and local authorities.
#### Enforcement.
#### Power to rectify transitional provisions etc.
#### Repeal of law about fund-holding practices.
#### Directions as to delegation of functions.
#### Existing NHS trusts: conversion of initial loan.
#### Establishment orders.
#### Constitution of NHS trust boards.
#### Borrowing.
#### Indemnity cover for Part II services.
#### Remuneration for Part II services.
#### Disqualification etc. of Part II practitioners.
#### Regulation of health care and associated professions.
#### Recovery of charges and payments.
#### Standard of proof in fitness to practise proceedings
##### 60A
@@ -3791,7 +3837,7 @@
- (b) make any provision that is inconsistent with subsection (1).
#### English and Scottish border provisions.
#### Regulations and orders.
After Schedule 5 to the 1977 Act (Health Authorities and Special Health Authorities), there is inserted—
@@ -3817,7 +3863,7 @@
## SCHEDULE 2A
#### Application of Schedule
#### Orders transferring staff
##### 1
@@ -4163,6 +4209,20 @@
[^c4998271]: Words in [s. 20(7)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/7) in the definition of "service provider" inserted (E.) (12.12.2002) by [The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861)](https://www.legislation.gov.uk/uksi/2002/2861), [reg. 27](https://www.legislation.gov.uk/uksi/2002/2861/regulation/27)
[^c4900941]: Words in [s. 20(1)(d)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1/d) substituted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 12(2)(a)](https://www.legislation.gov.uk/ukpga/2002/17/section/12/2/a), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4900961]: Word in [s. 20(1)(d)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1/d) repealed (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 12(2)(b)](https://www.legislation.gov.uk/ukpga/2002/17/section/12/2/b), [37(2)](https://www.legislation.gov.uk/ukpga/2002/17/section/37/2), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3), [Sch. 9 Pt. 1](https://www.legislation.gov.uk/ukpga/2002/17/schedule/9/part/1); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)(c)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a/c)
[^c4893121]: [S. 20(1)(da)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1/da) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 12(2)(c)](https://www.legislation.gov.uk/ukpga/2002/17/section/12/2/c), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4901001]: [S. 20(1)(db)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1/db) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 13(1)(a)](https://www.legislation.gov.uk/ukpga/2002/17/section/13/1/a), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4900881]: [S. 20(1A)(1B)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1A/1B) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 12(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/12/3), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4901021]: [S. 20(1C)-(1G)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/1C) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 13(1)(b)](https://www.legislation.gov.uk/ukpga/2002/17/section/13/1/b), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4900921]: [S. 20(2)(d)](https://www.legislation.gov.uk/ukpga/1999/8/section/20/2/d) substituted (18.6.2003 for certain purposes, otherwise 11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 12(4)](https://www.legislation.gov.uk/ukpga/2002/17/section/12/4), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(1)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/1)
[^c4666651]: [1975 c.26](https://www.legislation.gov.uk/ukpga/1975/26).
[^c4666661]: [1988 c.29](https://www.legislation.gov.uk/ukpga/1988/29).
@@ -4397,6 +4457,20 @@
[^c4667591]: [Sch. 2 para. 7](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/7) modified as to functions (1.7.1999) by [S.I. 1999/672](https://www.legislation.gov.uk/uksi/1999/672), [art. 5](https://www.legislation.gov.uk/uksi/1999/672/article/5), [Sch. 2](https://www.legislation.gov.uk/uksi/1999/672/schedule/2) (as inserted (30.6.1999) by [1999 c. 8](https://www.legislation.gov.uk/ukpga/1999/8), [ss. 66(4)(6)](https://www.legislation.gov.uk/ukpga/1999/8/section/66/4/6), [67(4)](https://www.legislation.gov.uk/ukpga/1999/8/section/67/4))
[^c4903581]: Words in [Sch. 2 para. 7(2)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/7/2) repealed (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(3)(a)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/3/a), [37(2)](https://www.legislation.gov.uk/ukpga/2002/17/section/37/2), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3), [Sch. 9 Pt. 1](https://www.legislation.gov.uk/ukpga/2002/17/schedule/9/part/1); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)(c)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a/c)
[^c4903601]: [Sch. 2 para. 7(6)(7)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/7/6/7) repealed (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(3)(b)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/3/b), [37(2)](https://www.legislation.gov.uk/ukpga/2002/17/section/37/2), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3), [Sch. 9 Pt. 1](https://www.legislation.gov.uk/ukpga/2002/17/schedule/9/part/1); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)(c)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a/c)
[^c4903651]: [Sch. 2 para. 8](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/8) renumbered (11.7.2003) as Sch. 2 para. 8(1) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(4)(a)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/4/a), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4903771]: [Sch. 2 para. 8(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/8/1/a/b) substituted (11.7.2003) for words by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(4)(b)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/4/b), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4903831]: [Sch. 2 para. 8(2)(3)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/8/2/3) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(4)(c)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/4/c), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4903871]: Words in [Sch. 2 para. 12(1)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/12/1) substituted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(5)(a)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/5/a), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4903911]: [Sch. 8 para. 12(1A)-(1C)](https://www.legislation.gov.uk/ukpga/1999/8/schedule/8/paragraph/12/1A) inserted (11.7.2003) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 14(5)(b)](https://www.legislation.gov.uk/ukpga/2002/17/section/14/5/b), [42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3); [S.I. 2003/1580](https://www.legislation.gov.uk/uksi/2003/1580), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2003/1580/article/2/2/a)
[^c4667651]: [Sch. 2 para. 15](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/15) partly in force; [Sch. 2 para. 15](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/15) not in force at Royal Assent see [s. 68](https://www.legislation.gov.uk/ukpga/1999/8/section/68); [Sch. 2 para. 15](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/15) in force for E.W. on 1.11.1999 by [S.I. 1999/2793](https://www.legislation.gov.uk/uksi/1999/2793), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/1999/2793/article/2/1/b), [Sch. 2](https://www.legislation.gov.uk/uksi/1999/2793/schedule/2); [Sch. 2 para. 15](https://www.legislation.gov.uk/ukpga/1999/8/schedule/2/paragraph/15) in force for G.B. on 11.5.2001 by [S.I. 2001/1985](https://www.legislation.gov.uk/uksi/2001/1985), [art. 2(3)(a)](https://www.legislation.gov.uk/uksi/2001/1985/article/2/3/a)
[^c4667661]: [1958 c.51](https://www.legislation.gov.uk/ukpga/1958/51).
2003-07-09
Health Act 1999
2003-06-18
Health Act 1999
2003-04-03
Health Act 1999
2003-04-01
Health Act 1999
2003-03-31
Health Act 1999
2002-10-10
Health Act 1999
2002-10-01
Health Act 1999
1999-06-30
Health Act 1999
original version
Text at this date