Legalize / United Kingdom / Public General Act

Health Act 2009

Type Public General Act

Publication 2009-11-12

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Quality and delivery of health services in England

Chapter 1 — NHS Constitution

NHS Constitution

1

(1) In this Chapter the “NHS Constitution” means—

(a) the document entitled “The NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b) any revised version of that document published under section 3 or 4.

(2) In this Chapter the “Handbook” means—

(a) the document entitled “The Handbook to the NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b) any revised version of that document published under section 5.

Duty to have regard to NHS Constitution

2

(1) Each of the bodies listed in subsection (2) must, in performing its health service functions, have regard to the NHS Constitution.

(2) The bodies are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) NHS England;

(cb) integrated care boards;

(cc) local authorities (within the meaning of section 2B of the National Health Service Act 2006);

(d) Special Health Authorities;

(da) the National Institute for Health and Care Excellence;

(db) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) NHS foundation trusts;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission.

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Health Services Safety Investigations Body.

(3) In subsection (1) a “health service function” means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of health services.

(4) Each person who—

(za) provides health services under arrangements made by NHS England or an integrated care board under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,

(a) provides health services under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), ...

(b) provides or assists in providing health services under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41), or

(c) provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.

must, in doing so, have regard to the NHS Constitution.

(5) Each person who—

(a) in pursuance of a contract, agreement or arrangements as mentioned in subsection (4)(za), (a), (b) or (c), makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing health services, or

(b) provides or assists in providing health services under sub-contracting arrangements,

must, in doing so, have regard to the NHS Constitution.

(6) The enactments referred to in subsection (4)(a) are the following provisions of the National Health Service Act 2006—

(a) section 83(2)(b) (arrangements made by PCTs for provision of primary medical services);

(b) section 84(1) (general medical services contracts);

(d) section 100(1) (general dental services contracts);

(e) section 107(1) (other arrangements for the provision of primary dental services);

(f) section 117(1) (general ophthalmic services contracts);

(g) section 126(1) (pharmaceutical services);

(h) section 127(1) (additional pharmaceutical services);

(i) Schedule 12 (local pharmaceutical services schemes).

(7) In this Chapter “health services” means health services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006.

(8) References in this section to the provision of services include references to the provision of services jointly with another person.

Availability and review of NHS Constitution

3

(1) The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.

(2) At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).

(3) The following must be consulted about the NHS Constitution on a 10 year review—

(a) patients and bodies or other persons representing patients,

(b) staff and bodies or other persons representing staff,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) members of the public,

(f) the bodies and persons listed in section 2(2), (4) and (5), and

(g) such other persons as the Secretary of State considers appropriate.

(4) The first 10 year review must be completed not later than 5 July 2018.

(5) The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(6) The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.

(7) In this Chapter—

“carers” means persons who, as relatives or friends, care for other persons to whom health services are being provided;

“the guiding principles” means—the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, orany revised version of those principles set out in the NHS Constitution published under this section or section 4;

“patients” means persons to whom health services are being provided;

“staff” means—persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of health services;persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of health services or assistance or the making of arrangements as mentioned in the subsection in question.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other revisions of NHS Constitution

4

(1) This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).

(2) Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.

(3) The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.

(4) The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(5) The Secretary of State must publish the NHS Constitution after any revision.

Availability, review and revision of Handbook

5

(1) The Secretary of State must ensure that the Handbook continues to be available to patients, staff and members of the public.

(2) At least once in any period of 3 years the Secretary of State must carry out a review of the Handbook.

(3) The first review must be completed not later than 5 July 2012.

(4) The Secretary of State must publish the Handbook after any revision (whether made as a result of a review under this section or otherwise).

Report on effect of NHS Constitution

6

(1) The Secretary of State must publish a report every 3 years on how the NHS Constitution has affected patients, staff, carers and members of the public, since the last report was produced under this subsection.

(2) The first report must be published not later than 5 July 2012.

(3) The Secretary of State must lay before Parliament a copy of each report under subsection (1).

Regulations under section 3 or 4

7

(1) The power to make regulations under section 3 or 4 is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament.

Chapter 2 — Quality accounts

Duty of providers to publish information

8

(1) Each of the bodies listed in subsection (2) must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of—

(a) any relevant health services that the body provides;

(b) any relevant health services that, under arrangements made by the body, are provided by a person not listed in subsection (2) or (3);

(c) any services that are provided in England and for the provision of which the body provides assistance or support under section 124(1) of the National Health Service Act 2006 (c. 41) (primary ophthalmic services).

(2) The bodies are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) National Health Service trusts all or most of whose hospitals, establishments and facilities are in England;

(d) NHS foundation trusts.

(3) Each person who—

(a) provides health services as mentioned in section 2(4)(za) or (a), or

(b) in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes arrangements for another person to provide health services,

must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of those services.

(4) References in this section to the provision of services include references to the provision of services jointly with another person.

(5) The Secretary of State may by regulations provide that subsection (1) or (3) does not apply to prescribed bodies, persons or services, or to bodies, persons or services of a prescribed description.

(6) In this section—

“ health services ” has the same meaning as in Chapter 1;

“ relevant health services ” means health services the provision of which is arranged by NHS England or an integrated care board under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006 or under or by virtue of Parts 4 to 7 of that Act.

Supplementary provision about the duty

9

(1) In this section “the provider” means the body or person required to publish a document under section 8.

(2) For the purposes of that section a reporting period is—

(a) the period of 12 months beginning with 1 April 2009, and

(b) each subsequent period of 12 months.

(3) If the Care Quality Commission or NHS England notifies the provider of an error or omission in a document published under that section, the provider must within 21 days of the notification republish the document correcting the error or omission and including a statement explaining the correction.

(4) A copy of any document published under that section must be sent by the provider to the Secretary of State in any form specified by the Secretary of State for the purpose of enabling the Secretary of State to make the document available to the public.

(5) Regulations under subsection (1) or (3) of section 8 may in particular make provision—

(a) as to the form of a document published under that section and its contents in addition to the prescribed information;

(b) imposing duties on the provider for the purpose of ensuring the accuracy of information;

(d) requiring the provider to have regard to guidance issued by the Secretary of State.

(6) The provider must at the request of any person provide to that person a copy of any document published by the provider under section 8 relating to a reporting period ending not more than 2 years before the request.

(7) While subsection (1) or (3) of section 8 applies to the provider, the provider must keep affixed, in a conspicuous place at each of the premises at which the provider provides services to which that subsection applies, a notice stating how the most recent document published by the provider under that section may be obtained.

(8) Subsection (7) does not apply if—

(a) the provider does not have control of the premises, or

(b) the services are provided by means such that the persons receiving them do not do so at the premises.

(9) In subsection (7) “premises” includes a vehicle or moveable structure.

Regulations under section 8

10

(1) The power to make regulations under section 8 is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under section 8 is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The power to make regulations under section 8—

(a) may be exercised so as to make the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(b) may be exercised so as to make the same provision for all cases in relation to which the power is exercised, or different provision for different cases;

Chapter 3 — Direct payments

Direct payments for health care

11

In Part 1 of the National Health Service Act 2006 (c. 41), after section 12 insert—

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