LegalizeReform history
Health and Social Care Act 2012
32 versions
· 2012-03-27
2025-07-07
Health and Social Care Act 2012
2025-06-19
Health and Social Care Act 2012
2024-05-24
Health and Social Care Act 2012
2023-04-01
Health and Social Care Act 2012
2023-02-01
Health and Social Care Act 2012
2022-07-01
Health and Social Care Act 2012
2020-12-31
Health and Social Care Act 2012
2018-06-04
Health and Social Care Act 2012
2016-04-18
Health and Social Care Act 2012
2016-04-06
Health and Social Care Act 2012
2016-02-01
Health and Social Care Act 2012
2015-06-25
Health and Social Care Act 2012
Changes on 2015-06-25
@@ -4,7 +4,7 @@
### The health service: overview
#### Bodies which may apply for foundation trust status
#### Authorisation
##### 1
@@ -18,7 +18,7 @@
> (3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service in England.
> (4) The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.
#### Transfer schemes: supplemental
#### Power to make consequential provision
##### 2
@@ -4015,9 +4015,9 @@
- (c) disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period.
- (6) Where Monitor is satisfied that a person has failed or is failing to comply with a notice under subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/111/5/2015-05-26), Monitor may do one or more of the things which it may require the trust to do under that subsection.
- (7) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/111/5/2015-05-26) does not prevent Monitor from exercising in relation to a condition included in a licence under subsection (1) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
- (6) Where Monitor is satisfied that a person has failed or is failing to comply with a notice under subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/111/5/2015-06-25), Monitor may do one or more of the things which it may require the trust to do under that subsection.
- (7) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/111/5/2015-06-25) does not prevent Monitor from exercising in relation to a condition included in a licence under subsection (1) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
- (8) Where Monitor includes a condition under subsection (1), it may also make such incidental or consequential modifications as it considers necessary or expedient of any other condition of the licence concerned which is affected.
@@ -19690,94 +19690,94 @@
## SCHEDULE 23
#### The Secretary of State's duty as to improvement in quality of services
#### Power to require Board to commission certain health services
#### Regulations as to the exercise by local authorities of certain public health functions
#### Clinical commissioning groups: establishment etc.
#### Approval functions
#### Primary care services: directions as to exercise of functions
#### Functions in relation to biological substances
#### Secretary of State's duty to promote comprehensive health service
#### Power of clinical commissioning groups as to commissioning certain health services
#### Other services etc. provided as part of the health service
#### Financial arrangements for the Board
#### Fluoridation of water supplies: transitional provision
#### New Special Health Authorities
#### Abolition of Health Protection Agency
#### Co-operation with bodies exercising functions in relation to public health
#### General duties
#### Requirements under section 75: investigations, declarations and directions
#### Notification of commissioners where continuation of services at risk
#### Directors
#### Voting
#### Financial powers etc.
#### Acquisitions
#### Trust special administrators
#### Procedure etc.
#### Sections 174 to 177: supplementary
#### Repeal of provisions on authorisation for NHS foundation trusts
#### Monitor
#### Requirements as to procurement, patient choice and competition
#### Conditions relating to the continuation of the provision of services etc.
#### Governors
#### Meetings
#### Panel for advising governors
#### Mergers
#### Repeal of de-authorisation provisions
#### Objective of trust special administration
#### Action following final report
#### Abolition of NHS trusts in England
#### Healthwatch England
#### Local authority arrangements
#### Requests, rights of entry and referrals
#### Activities relating to local care services
#### Independent advocacy services
#### Scrutiny functions of local authorities
#### Joint strategic needs assessments
#### Amendments consequential on section 190
#### Disclosure of reports etc. by the Health Service Commissioner
#### Persons eligible to enter into general dental services contracts
#### Payments in respect of costs of sight tests
#### Medical services: minor amendments
#### Arrangements under section 107 of the National Health Service Act 2006
#### Control of entry on pharmaceutical lists
#### Lists of performers of pharmaceutical services and assistants etc.
#### Training etc. of approved mental health professionals in England
#### Approval of courses for approved mental health professionals
#### Power to advise regulatory bodies, investigate complaints, etc.
#### General duties
#### Power to regulate social workers etc. in England
#### Appeals in cases involving social workers in England
#### Funding of the Authority
#### The National Institute for Health and Care Excellence
#### Information standards: supplementary
#### Arrangements with other bodies
#### The Appointments Commission
#### The Alcohol Education and Research Council
#### Special notices of births and deaths
#### Provision of information by Registrar General
#### Provision of information by Registrar General: Wales
#### Monitor: duty to co-operate with Care Quality Commission
#### Transfer schemes
#### Arrangements between the Board and Scottish Ministers etc.
#### Regulations, orders and directions
#### Commencement
#### Extent
#### Commencement: consultation with Scottish Ministers
#### Short title
#### Short title
### Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
### National Assistance Act 1948 (c. 29)
@@ -23192,6 +23192,12 @@
[^key-00e89a7709cd4c895aee4eb2f792cfb4]: [Sch. 5 para. 172](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/172) omitted (26.5.2015) by virtue of [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [ss. 102(2)(c)](https://www.legislation.gov.uk/ukpga/2015/20/section/102/2/c), [115(3)(k)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/3/k)
[^key-134a54eef445c150cf8d9da96f3bd08c]: Pt. 9 Ch. 1A inserted (25.6.2015) by [Health and Social Care (Safety and Quality) Act 2015 (c. 28)](https://www.legislation.gov.uk/ukpga/2015/28), [ss. 2](https://www.legislation.gov.uk/ukpga/2015/28/section/2), [6(4)](https://www.legislation.gov.uk/ukpga/2015/28/section/6/4); [S.I. 2015/1438](https://www.legislation.gov.uk/uksi/2015/1438), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2015/1438/regulation/2/a)
[^key-899d378a2b96739816d9d29c26bb3c9a]: S. 251C inserted (25.6.2015) by [Health and Social Care (Safety and Quality) Act 2015 (c. 28)](https://www.legislation.gov.uk/ukpga/2015/28), [ss. 4](https://www.legislation.gov.uk/ukpga/2015/28/section/4), [6(4)](https://www.legislation.gov.uk/ukpga/2015/28/section/6/4); [S.I. 2015/1438](https://www.legislation.gov.uk/uksi/2015/1438), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2015/1438/regulation/2/b) (with [reg. 4](https://www.legislation.gov.uk/uksi/2015/1438/regulation/4))
[^key-684a2e750dce6b5497c98e5da3da5baa]: [S. 251C](https://www.legislation.gov.uk/ukpga/2012/7/section/251C) modified (temp.) (25.6.2015) by [The Health and Social Care (Safety and Quality) Act 2015 (Commencement No. 1 and Transitory Provision) Regulations 2015 (S.I. 2015/1438)](https://www.legislation.gov.uk/uksi/2015/1438), [reg. 4](https://www.legislation.gov.uk/uksi/2015/1438/regulation/4)
[^key-53b41fdb614a03ade705b6aedbcc7321]: [Sch. 14](https://www.legislation.gov.uk/ukpga/2012/7/schedule/14) omitted (1.7.2022) by virtue of [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 7 para. 13](https://www.legislation.gov.uk/ukpga/2022/31/schedule/7/paragraph/13); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-a7d973cd9cd7f6c9a3767c48b712e56b]: Words in [s. 135(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/135/1) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 5 para. 79(2)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/5/paragraph/79/2); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
@@ -23300,18 +23306,92 @@
#### Additional functions
#### The Alcohol Education and Research Council
#### Additional functions
#### Provision of information by Registrar General: Wales
#### Provision of statistical information by Statistics Board
#### Transfer schemes
#### Provision of statistical information by Statistics Board
#### Financial provision
#### Commencement: consultation with Scottish Ministers
#### Financial provision
##### 262A
In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
### CHAPTER 1A — Continuity of Information
##### 251A
- (1) The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.
- (2) “*Consistent identifier*” means any identifier (such as, for example, a number or code used for identification purposes) that—
- (a) relates to an individual, and
- (b) forms part of a set of similar identifiers that is of general application.
- (3) Subsection (4) applies if—
- (a) a relevant health or adult social care commissioner or provider (“*the relevant person*”) processes information about an individual, and
- (b) the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.
- (4) If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).
- (5) Subsection (4) applies only so far as the relevant person considers that the inclusion is—
- (a) likely to facilitate the provision to the individual of health services or adult social care in England, and
- (b) in the individual's best interests.
- (6) The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—
- (a) the relevant person does not know the consistent identifier and is not reasonably able to learn it;
- (b) the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;
- (c) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
- (d) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).
- (7) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
- (a) any provision made by or under the Data Protection Act 1998, or
- (b) a common law duty of care or confidence.
- (8) This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).
##### 251C
- (1) This section applies for the purposes of sections 251A and 251B and this section.
- (2) “*Relevant health or adult social care commissioner or provider*” means—
- (a) any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and
- (b) any person (other than a public body) so far as the person provides such services or care—
- (i) pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and
- (ii) otherwise than as a member or officer of a body or an employee of a person,
but this is subject to subsection (3).
- (3) The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.
- (4) Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.
- (5) A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).
- (6) “*Anonymous access provider*” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.
- (7) Other terms have the same meaning as in section 250 (and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section).
#### Provision of information by Registrar General: Wales
#### Arrangements between the Board and Northern Ireland Ministers
2015-05-26
Health and Social Care Act 2012
2015-03-16
Health and Social Care Act 2012
2015-02-26
Health and Social Care Act 2012
2014-06-09
Health and Social Care Act 2012
2014-04-01
Health and Social Care Act 2012
2014-03-01
Health and Social Care Act 2012
2014-01-01
Health and Social Care Act 2012
2013-12-01
Health and Social Care Act 2012
2013-09-01
Health and Social Care Act 2012
2013-07-01
Health and Social Care Act 2012
2013-04-01
Health and Social Care Act 2012
2013-02-01
Health and Social Care Act 2012
2012-12-01
Health and Social Care Act 2012
2012-11-01
Health and Social Care Act 2012
2012-10-31
Health and Social Care Act 2012
2012-10-01
Health and Social Care Act 2012
2012-08-01
Health and Social Care Act 2012
2012-07-01
Health and Social Care Act 2012
2012-06-01
Health and Social Care Act 2012
2012-03-27
Health and Social Care Act 2012
original version
Text at this date