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
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
Changes on 2012-06-01
@@ -4,11 +4,11 @@
### The health service: overview
#### Secretary of State’s duty to promote comprehensive health service
#### Authorisation
##### 1
For section 1 of the National Health Service Act 2006 (Secretary of State’s duty to promote health service) substitute—
For section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute—
> (1)
> (1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement—
@@ -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.
#### The Secretary of State’s duty as to improvement in quality of services
#### Transfer schemes
##### 2
@@ -43,13 +43,13 @@
> (1B)
> (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution.
> (2) In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act).
> (2) In this Act, “*NHS Constitution*” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act).
#### The Secretary of State’s duty as to reducing inequalities
##### 4
After section [1B](#p00336) of the National Health Service Act 2006 insert—
After section 1B of the National Health Service Act 2006 insert—
> (1C) In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.
@@ -57,19 +57,19 @@
##### 5
After section [1C](#p00338) of the National Health Service Act 2006 insert—
After section 1C of the National Health Service Act 2006 insert—
> (1D)
> (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the desirability of securing, so far as consistent with the interests of the health service—
> (a) that any other person exercising functions in relation to the health service or providing services for its purposes is free to exercise those functions or provide those services in the manner that it considers most appropriate, and
> (b) that unnecessary burdens are not imposed on any such person.
> (2) If, in the case of any exercise of functions, the Secretary of State considers that there is a conflict between the matters mentioned in subsection [(1)](#p00341) and the discharge by the Secretary of State of the duties under section 1, the Secretary of State must give priority to the duties under that section.
> (2) If, in the case of any exercise of functions, the Secretary of State considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Secretary of State of the duties under section 1, the Secretary of State must give priority to the duties under that section.
#### The Secretary of State’s duty as to research
##### 6
After section [1D](#p00340) of the National Health Service Act 2006 insert—
After section 1D of the National Health Service Act 2006 insert—
> (1E) In exercising functions in relation to the health service, the Secretary of State must promote—
> (a) research on matters relevant to the health service, and
@@ -79,12 +79,12 @@
##### 7
After section [1E](#p00343) of the National Health Service Act 2006 insert—
After section 1E of the National Health Service Act 2006 insert—
> (1F)
> (1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment so as to secure that there is an effective system for the planning and delivery of education and training to persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England.
> (2) Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection [(1)](#p00346) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority).
> (3) In subsection [(1)](#p00346), “relevant enactment” means—
> (2) Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority).
> (3) In subsection (1), “*relevant enactment*” means—
> (a) section 63 of the Health Services and Public Health Act 1968,
> (b) this Act,
> (c) the Health and Social Care Act 2008,
@@ -95,24 +95,24 @@
##### 8
After section [1F](#p00345) of the National Health Service Act 2006 insert—
After section 1F of the National Health Service Act 2006 insert—
> (1G)
> (1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a report before Parliament on the treatment of NHS health care providers as respects any matter, including taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward available to them for doing so.
> (2) The report must include recommendations as to how any differences in the treatment of NHS health care providers identified in the report could be addressed.
> (3) The Secretary of State must keep under review the treatment of NHS health care providers as respects any such matter as is mentioned in subsection (1).
> (4) In this section—
> (a) “NHS health care providers” means persons providing or intending to provide health care services for the purposes of the NHS, and
> (b) “health care services for the purposes of the NHS” has the same meaning as in Part 3 of the Health and Social Care Act 2012.
> (a) “*NHS health care providers*” means persons providing or intending to provide health care services for the purposes of the NHS, and
> (b) “*health care services for the purposes of the NHS*” has the same meaning as in Part 3 of the Health and Social Care Act 2012.
#### The NHS Commissioning Board
##### 9
- (1) After section [1G](#p00348) of the National Health Service Act 2006 insert—
- (1) After section 1G of the National Health Service Act 2006 insert—
> (1H)
> (1) There is to be a body corporate known as the National Health Service Commissioning Board (“the Board”).
> (1) There is to be a body corporate known as the National Health Service Commissioning Board (“*the Board*”).
> (2) The Board is subject to the duty under section 1(1) concurrently with the Secretary of State except in relation to the part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
> (3) For the purpose of discharging that duty, the Board—
> (a) has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act, and
@@ -128,7 +128,7 @@
##### 10
After section [1H](#p00350) of the National Health Service Act 2006 insert—
After section 1H of the National Health Service Act 2006 insert—
> (1I)
> (1) There are to be bodies corporate known as clinical commissioning groups established in accordance with Chapter A2 of Part 2.
@@ -177,7 +177,7 @@
> (f) providing or participating in the provision of training for persons working or seeking to work in the field of health improvement;
> (g) making available the services of any person or any facilities.
> (4) The steps that may be taken under subsection (1) also include providing grants or loans (on such terms as the local authority considers appropriate).
> (5) In this section, “local authority” means—
> (5) In this section, “*local authority*” means—
> (a) a county council in England;
> (b) a district council in England, other than a council for a district in a county for which there is a county council;
> (c) a London borough council;
@@ -200,10 +200,10 @@
> (1A) For the purposes of this section, a clinical commissioning group has responsibility for—
> (a) persons who are provided with primary medical services by a member of the group, and
> (b) persons who usually reside in the group’s area and are not provided with primary medical services by a member of any clinical commissioning group.
> (b) persons who usually reside in the group's area and are not provided with primary medical services by a member of any clinical commissioning group.
> (1B) Regulations may provide that for the purposes of this section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or facility) for persons who—
> (a) were provided with primary medical services by a person who is or was a member of the group, or
> (b) have a prescribed connection with the group’s area.
> (b) have a prescribed connection with the group's area.
> (1C) The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the provision of services or facilities for emergency care, a clinical commissioning group has responsibility for every person present in its area.
> (1D) Regulations may provide that subsection (1A) does not apply—
> (a) in relation to persons of a prescribed description (which may include a description framed by reference to the primary medical services with which the persons are provided);
@@ -436,7 +436,7 @@
> (a) obtain and analyse data or other information;
> (b) obtain advice from persons with appropriate professional expertise.
> (4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to do so by providing financial assistance or making the services of any person or other resources available.
> (5) In this paragraph, “local authority” has the same meaning as in section 2B.
> (5) In this paragraph, “*local authority*” has the same meaning as in section 2B.
#### Regulations as to the exercise by local authorities of certain public health functions
@@ -445,12 +445,12 @@
- (1) After section 6B of the National Health Service Act 2006 insert—
> (6C)
> (1) Regulations may require a local authority to exercise any of the public health functions of the Secretary of State (so far as relating to the health of the public in the authority’s area) by taking such steps as may be prescribed.
> (1) Regulations may require a local authority to exercise any of the public health functions of the Secretary of State (so far as relating to the health of the public in the authority's area) by taking such steps as may be prescribed.
> (2) Regulations may require a local authority to exercise its public health functions by taking such steps as may be prescribed.
> (3) Where regulations under subsection (1) require a local authority to exercise any of the public health functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any prescribed functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).
> (4) The making of regulations under subsection (1) does not prevent the Secretary of State from taking any step that a local authority is required to take under the regulations.
> (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a local authority of any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other person).
> (6) In this section, “local authority” has the same meaning as in section 2B.
> (6) In this section, “*local authority*” has the same meaning as in section 2B.
- (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zza) insert—
@@ -467,8 +467,8 @@
> (6D)
> (1) Regulations may require the Board or a clinical commissioning group to exercise a specified EU health function.
> (2) In subsection (1)—
> (a) “EU health function” means any function exercisable by the Secretary of State for the purpose of implementing EU obligations that concern, or are connected to, the health service, other than a function of making subordinate legislation (within the meaning of the Interpretation Act 1978), and
> (b) “specified” means specified in the regulations.
> (a) “*EU health function*” means any function exercisable by the Secretary of State for the purpose of implementing EU obligations that concern, or are connected to, the health service, other than a function of making subordinate legislation (within the meaning of the Interpretation Act 1978), and
> (b) “*specified*” means specified in the regulations.
> (3) The Secretary of State may give directions to the Board or a clinical commissioning group about its exercise of any of its functions under regulations under subsection (1).
> (4) The making of regulations under subsection (1) does not prevent the Secretary of State from exercising the specified EU health function.
> (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by the Board or a clinical commissioning group of any of its functions under regulations under subsection (1) are enforceable by or against the Board or (as the case may be) the group (and no other person).
@@ -481,7 +481,7 @@
- (1) After section 6D of the National Health Service Act 2006 insert—
> (6E)
> (1) Regulations may impose requirements (to be known as “standing rules”) in accordance with this section on the Board or on clinical commissioning groups.
> (1) Regulations may impose requirements (to be known as “*standing rules*”) in accordance with this section on the Board or on clinical commissioning groups.
> (2) The regulations may, in relation to the commissioning functions of the Board or clinical commissioning groups, make provision—
> (a) requiring the Board or clinical commissioning groups to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;
> (b) as to the arrangements that the Board or clinical commissioning groups must make for the purpose of making decisions as to—
@@ -510,11 +510,11 @@
> (a) publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and
> (b) lay the statement before Parliament.
> (10) In this section—
> (a) “commissioning contracts”, in relation to the Board or clinical commissioning groups, means contracts entered into by the Board or (as the case may be) clinical commissioning groups in the exercise of its or their commissioning functions;
> (b) “commissioning functions”, in relation to the Board or clinical commissioning groups, means the functions of the Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the health service;
> (c) “specified” means specified in the regulations.
- (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph [(zzb)](#p00361) insert—
> (a) “*commissioning contracts*”, in relation to the Board or clinical commissioning groups, means contracts entered into by the Board or (as the case may be) clinical commissioning groups in the exercise of its or their commissioning functions;
> (b) “*commissioning functions*”, in relation to the Board or clinical commissioning groups, means the functions of the Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the health service;
> (c) “*specified*” means specified in the regulations.
- (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzb) insert—
> (zzc) regulations under section 6E, except where they do not include provision by virtue of subsection (7)(c) of that section,
@@ -537,9 +537,9 @@
- (4) For the heading to that section, and for the cross-heading preceding it, substitute “Functions of Special Health Authorities”.
- (5) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph [(zzc)](#p00364) insert—
> (zzd) regulations under section 7[(1C)](#p00366),
- (5) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzc) insert—
> (zzd) regulations under section 7(1C),
.
@@ -579,14 +579,14 @@
- (1) In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert—
> (13A)
> (1) Before the start of each financial year, the Secretary of State must publish and lay before Parliament a document to be known as “the mandate”.
> (1) Before the start of each financial year, the Secretary of State must publish and lay before Parliament a document to be known as “*the mandate*”.
> (2) The Secretary of State must specify in the mandate—
> (a) the objectives that the Secretary of State considers the Board should seek to achieve in the exercise of its functions during that financial year and such subsequent financial years as the Secretary of State considers appropriate, and
> (b) any requirements that the Secretary of State considers it necessary to impose on the Board for the purpose of ensuring that it achieves those objectives.
> (3) The Secretary of State must also specify in the mandate the amounts that the Secretary of State has decided to specify in relation to the financial year for the purposes of section [223D](#p00387)[(2)](#p00388) and [(3)](#p00389) (limits on capital and revenue resource use).
> (4) The Secretary of State may specify in the mandate any proposals that the Secretary of State has as to the amounts that the Secretary of State will specify in relation to subsequent financial years for the purposes of section [223D](#p00387)[(2)](#p00388) and [(3)](#p00389).
> (5) The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess the Board’s performance in relation to the first financial year to which the mandate relates.
> (6) The Secretary of State may not specify in the mandate an objective or requirement about the exercise of the Board’s functions in relation to only one clinical commissioning group.
> (3) The Secretary of State must also specify in the mandate the amounts that the Secretary of State has decided to specify in relation to the financial year for the purposes of section 223D(2) and (3) (limits on capital and revenue resource use).
> (4) The Secretary of State may specify in the mandate any proposals that the Secretary of State has as to the amounts that the Secretary of State will specify in relation to subsequent financial years for the purposes of section 223D(2) and (3).
> (5) The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess the Board's performance in relation to the first financial year to which the mandate relates.
> (6) The Secretary of State may not specify in the mandate an objective or requirement about the exercise of the Board's functions in relation to only one clinical commissioning group.
> (7) The Board must—
> (a) seek to achieve the objectives specified in the mandate, and
> (b) comply with any requirements so specified.
@@ -596,8 +596,8 @@
> (c) such other persons as the Secretary of State considers appropriate.
> (9) Requirements included in the mandate have effect only if regulations so provide.
> (13B)
> (1) The Secretary of State must keep the Board’s performance in achieving any objectives or requirements specified in the mandate under review.
> (2) If the Secretary of State varies the amount specified for the purposes of section [223D](#p00387)[(2)](#p00388) or [(3)](#p00389), the Secretary of State must revise the mandate accordingly.
> (1) The Secretary of State must keep the Board's performance in achieving any objectives or requirements specified in the mandate under review.
> (2) If the Secretary of State varies the amount specified for the purposes of section 223D(2) or (3), the Secretary of State must revise the mandate accordingly.
> (3) The Secretary of State may make any other revision to the mandate only if—
> (a) the Board agrees to the revision,
> (b) a parliamentary general election takes place, or
@@ -610,7 +610,7 @@
> (1) The Board must, in the exercise of its functions—
> (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
> (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
> (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
> (2) In this section, “*patients*” and “*staff*” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
> (13D) The Board must exercise its functions effectively, efficiently and economically.
> (13E)
> (1) The Board must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—
@@ -628,7 +628,7 @@
> (1) In exercising its functions, the Board must have regard to the desirability of securing, so far as consistent with the interests of the health service—
> (a) that any other person exercising functions in relation to the health service or providing services for its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate, and
> (b) that unnecessary burdens are not imposed on any such person.
> (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and [1H](#p00350)[(3)(b)](#p00351), the Board must give priority to those duties.
> (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board must give priority to those duties.
> (13G) The Board must, in the exercise of its functions, have regard to the need to—
> (a) reduce inequalities between patients with respect to their ability to access health services, and
> (b) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services.
@@ -648,7 +648,7 @@
> (13L) The Board must, in the exercise of its functions, promote—
> (a) research on matters relevant to the health service, and
> (b) the use in the health service of evidence obtained from research.
> (13M) The Board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section [1F](#p00345)[(1)](#p00346) so as to assist the Secretary of State in the discharge of the duty under that section.
> (13M) The Board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
> (13N)
> (1) The Board must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—
> (a) improve the quality of those services (including the outcomes that are achieved from their provision),
@@ -662,11 +662,11 @@
> (a) that health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), or
> (b) that the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).
> (4) In this section—
> - “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
> - “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
> - “*health-related services*” means services that may have an effect on the health of individuals but are not health services or social care services;
> - “*social care services*” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
> (13O)
> (1) In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with England.
> (2) In this section, “commissioning decisions”, in relation to the Board, means decisions about the carrying out of its functions in arranging for the provision of health services.
> (2) In this section, “*commissioning decisions*”, in relation to the Board, means decisions about the carrying out of its functions in arranging for the provision of health services.
> (13P) The Board must not exercise its functions for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to—
> (a) whether the persons in question are in the public or (as the case may be) private sector, or
> (b) some other aspect of their status.
@@ -684,19 +684,19 @@
> (4) The Board must give advice and guidance, to such persons as it considers appropriate, for the purpose of maintaining and improving the safety of the services provided by the health service.
> (5) The Board must monitor the effectiveness of the advice and guidance given by it under subsection (4).
> (6) A clinical commissioning group must have regard to any advice or guidance given to it under subsection (4).
> (7) The Board may arrange for any other person (including another NHS body) to exercise any of the Board’s functions under this section.
> (7) The Board may arrange for any other person (including another NHS body) to exercise any of the Board's functions under this section.
> (8) Arrangements made under subsection (7) do not affect the liability of the Board for the exercise of any of its functions.
> (13S)
> (1) The Board must publish guidance for registered persons on the practice to be followed by them in relation to the processing of—
> (a) patient information, and
> (b) any other information obtained or generated in the course of the provision of the health service.
> (2) Registered persons who carry on an activity which involves, or is connected with, the provision of health care must have regard to any guidance published under this section.
> (3) In this section, “patient information”, “processing” and “registered person” have the same meaning as in section 20A of the Health and Social Care Act 2008.
> (3) In this section, “*patient information*”, “*processing*” and “*registered person*” have the same meaning as in section 20A of the Health and Social Care Act 2008.
> (13T)
> (1) Before the start of each financial year, the Board must publish a business plan setting out how it proposes to exercise its functions in that year and each of the next two financial years.
> (2) The business plan must, in particular, explain how the Board proposes to discharge its duties under—
> (a) sections [13E](#p00369), [13G](#p00370) and [13Q](#p00375), and
> (b) sections [223C](#p00386) to [223E](#p00390).
> (a) sections 13E, 13G and 13Q, and
> (b) sections 223C to 223E.
> (3) The business plan must, in particular, explain how the Board proposes to achieve the objectives, and comply with the requirements, specified in the mandate for the first financial year to which the plan relates.
> (4) The Board may revise the plan.
> (5) The Board must publish any revised plan.
@@ -705,12 +705,12 @@
> (2) The annual report must, in particular, contain an assessment of—
> (a) the extent to which it met any objectives or requirements specified in the mandate for that year,
> (b) the extent to which it gave effect to the proposals for that year in its business plan, and
> (c) how effectively it discharged its duties under sections [13E](#p00369), [13G](#p00370) and [13Q](#p00375).
> (c) how effectively it discharged its duties under sections 13E, 13G and 13Q.
> (3) The Board must—
> (a) lay the annual report before Parliament, and
> (b) once it has done so, send a copy of it to the Secretary of State.
> (4) The Secretary of State must, having considered the annual report, set out in a letter to the Board the Secretary of State’s assessment of the Board’s performance of its functions in the financial year in question.
> (5) The letter must, in particular, contain the Secretary of State’s assessment of the matters mentioned in subsection (2)(a) to (c).
> (4) The Secretary of State must, having considered the annual report, set out in a letter to the Board the Secretary of State's assessment of the Board's performance of its functions in the financial year in question.
> (5) The letter must, in particular, contain the Secretary of State's assessment of the matters mentioned in subsection (2)(a) to (c).
> (6) The Secretary of State must—
> (a) publish the letter to the Board, and
> (b) lay it before Parliament.
@@ -719,7 +719,7 @@
> (2) A pooled fund is a fund—
> (a) which is made up of contributions by the bodies which established it, and
> (b) out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the discharge of any of their commissioning functions.
> (3) In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.
> (3) In this section, “*commissioning functions*” means functions in arranging for the provision of services as part of the health service.
> (13W)
> (1) The Board has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (provision of goods, services, etc.) for the purpose of making additional income available for improving the health service.
> (2) The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by the Board of its functions.
@@ -752,7 +752,7 @@
> (2) A direction under subsection (1) may direct the Board to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
> (3) If the Board fails to comply with a direction under subsection (1), the Secretary of State may—
> (a) discharge the functions to which it relates, or
> (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
> (b) make arrangements for any other person to discharge them on the Secretary of State's behalf.
> (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
> (5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.
> (13Z3)
@@ -762,14 +762,14 @@
> (c) the disclosure is made in accordance with any enactment or court order,
> (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
> (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
> (f) the disclosure is made for the purpose of facilitating the exercise of any of the Board’s functions,
> (f) the disclosure is made for the purpose of facilitating the exercise of any of the Board's functions,
> (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
> (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
> (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
> (13Z4)
> (1) In this Chapter—
> - “the health service” means the health service in England;
> - “health services” means services provided as part of the health service and, in sections [13O](#p00374) and [13Q](#p00375), also includes services that are to be provided as part of the health service.
> - “*the health service*” means the health service in England;
> - “*health services*” means services provided as part of the health service and, in sections 13O and 13Q, also includes services that are to be provided as part of the health service.
> (2) Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—
> - section 6E(7) and (10)(b),
> - section 13A(2),
@@ -783,16 +783,16 @@
> - section 13J,
> - section 13K(1),
> - section 13L,
> - section [13M](#p00371),
> - section [13N](#p00372)(1) and (2),
> - section [13O](#p00374)(2),
> - section [13Q](#p00375)(1),
> - section [13T](#p00376)(1),
> - section [13U](#p00377)(1) and (4),
> - section [13W](#p00378)(2),
> - section [13X](#p00379)(1),
> - section [13Z2](#p00381)(1),
> - section [13Z3](#p00382)(1),
> - section 13M,
> - section 13N(1) and (2),
> - section 13O(2),
> - section 13Q(1),
> - section 13T(1),
> - section 13U(1) and (4),
> - section 13W(2),
> - section 13X(1),
> - section 13Z2(1),
> - section 13Z3(1),
> - section 72(1),
> - section 75(1)(a) and (2),
> - section 82,
@@ -808,7 +808,7 @@
- (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (za) insert—
> (zb) regulations under section [13Z1](#p00380),
> (zb) regulations under section 13Z1,
.
@@ -830,18 +830,18 @@
> (223C)
> (1) The Board must ensure that total health expenditure in respect of each financial year does not exceed the aggregate of—
> (a) the amount allotted to the Board for that year under section 223B,
> (b) any sums received by the Board or clinical commissioning groups in that year under any provision of this Act (other than sums received by the Board under section 223B or by clinical commissioning groups under section [223G](#p00443)), and
> (b) any sums received by the Board or clinical commissioning groups in that year under any provision of this Act (other than sums received by the Board under section 223B or by clinical commissioning groups under section 223G), and
> (c) any sums received by the Board or clinical commissioning groups in that year otherwise than under this Act for the purpose of enabling it or them to defray such expenditure.
> (2) In this section, “total health expenditure”, in relation to a financial year, means—
> (a) expenditure which is attributable to the performance by the Board of its functions in that year, other than sums paid by it under section [223G](#p00443), and
> (2) In this section, “*total health expenditure*”, in relation to a financial year, means—
> (a) expenditure which is attributable to the performance by the Board of its functions in that year, other than sums paid by it under section 223G, and
> (b) expenditure which is attributable to the performance by clinical commissioning groups of their functions in that year.
> (3) The Secretary of State may by directions determine whether expenditure by the Board or a clinical commissioning group which is of a description specified in the directions must, or must not, be treated for the purposes of this section as part of total health expenditure.
> (4) The Secretary of State may by directions determine the extent to which, and the circumstances in which, sums received by the Board or a clinical commissioning group under section 223B or (as the case may be) [223G](#p00443) but not yet spent must be treated for the purposes of this section as part of total health expenditure, and to which financial year’s expenditure they must be attributed.
> (4) The Secretary of State may by directions determine the extent to which, and the circumstances in which, sums received by the Board or a clinical commissioning group under section 223B or (as the case may be) 223G but not yet spent must be treated for the purposes of this section as part of total health expenditure, and to which financial year's expenditure they must be attributed.
> (5) The Secretary of State may by directions require the Board to use banking facilities specified in the directions for any purposes so specified.
> (223D)
> (1) In this Chapter—
> - “total capital resource use”, in relation to a financial year, means the use of capital resources in that year by the Board and clinical commissioning groups (taken together);
> - “total revenue resource use”, in relation to a financial year, means the use of revenue resources in that year by the Board and clinical commissioning groups (taken together).
> - “*total capital resource use*”, in relation to a financial year, means the use of capital resources in that year by the Board and clinical commissioning groups (taken together);
> - “*total revenue resource use*”, in relation to a financial year, means the use of revenue resources in that year by the Board and clinical commissioning groups (taken together).
> (2) The Board must ensure that total capital resource use in a financial year does not exceed the amount specified by the Secretary of State.
> (3) The Board must ensure that total revenue resource use in a financial year does not exceed the amount specified by the Secretary of State.
> (4) The Secretary of State may give directions, in relation to a financial year, specifying descriptions of resources which must, or must not, be treated as capital resources or revenue resources for the purposes of this Chapter.
@@ -857,7 +857,7 @@
> (2) The Secretary of State may direct the Board to ensure that total revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
> (3) The Secretary of State may direct the Board to ensure —
> (a) that total revenue resource use in a financial year which is attributable to such prescribed matters relating to administration as are specified in the direction does not exceed an amount so specified;
> (b) that the Board’s use of revenue resources in a financial year which is attributable to such prescribed matters relating to administration as are specified in the direction does not exceed an amount so specified.
> (b) that the Board's use of revenue resources in a financial year which is attributable to such prescribed matters relating to administration as are specified in the direction does not exceed an amount so specified.
> (4) The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of subsection (1) or (as the case may be) subsection (2) or (3).
> (5) The Secretary of State may not give a direction under subsection (1) or (2) unless the direction is for the purpose of complying with a limit imposed by the Treasury.
> (223F)
@@ -866,7 +866,7 @@
> (a) the Board to discharge any of its commissioning functions, or
> (b) a clinical commissioning group to discharge any of its functions.
> (3) The Board must publish guidance as to how it proposes to exercise its powers to make payments out of the contingency fund.
> (4) In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.
> (4) In this section, “*commissioning functions*” means functions in arranging for the provision of services as part of the health service.
### Further provision about clinical commissioning groups
@@ -881,7 +881,7 @@
> (2) The Board must exercise its functions under this Chapter so as to ensure that at any time after the day so specified the areas specified in the constitutions of clinical commissioning groups—
> (a) together cover the whole of England, and
> (b) do not coincide or overlap.
> (3) For the purposes of this Chapter, “provider of primary medical services” means a person who is a party to an arrangement mentioned in subsection (4).
> (3) For the purposes of this Chapter, “*provider of primary medical services*” means a person who is a party to an arrangement mentioned in subsection (4).
> (4) The arrangements mentioned in this subsection are—
> (a) a general medical services contract to provide primary medical services of a prescribed description,
> (b) arrangements under section 83(2) for the provision of primary medical services of a prescribed description,
@@ -896,7 +896,7 @@
> (b) wishes to be a member of the clinical commissioning group.
> (3) The application must be accompanied by—
> (a) a copy of the proposed constitution of the clinical commissioning group,
> (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see paragraph [12](#p01019) of Schedule 1A), and
> (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see paragraph 12 of Schedule 1A), and
> (c) such other information as the Board may specify in a document published for the purposes of this section.
> (4) At any time before the Board determines the application—
> (a) a person who is or wishes to be a provider of primary medical services (and wishes to be a member of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the existing applicants;
@@ -919,7 +919,7 @@
> (14D)
> (1) If the Board grants an application under section 14B—
> (a) a clinical commissioning group is established, and
> (b) the proposed constitution has effect as the clinical commissioning group’s constitution.
> (b) the proposed constitution has effect as the clinical commissioning group's constitution.
> (2) Part 2 of Schedule 1A makes further provision about clinical commissioning groups.
> (14E)
> (1) A clinical commissioning group may apply to the Board to vary its constitution (including doing so by varying its area or its list of members).
@@ -975,27 +975,27 @@
> (14L)
> (1) A clinical commissioning group must have a governing body.
> (2) The main function of the governing body is to ensure that the group has made appropriate arrangements for ensuring that it complies with—
> (a) its obligations under section [14Q](#p00404), and
> (a) its obligations under section 14Q, and
> (b) such generally accepted principles of good governance as are relevant to it.
> (3) The governing body also has—
> (a) the function of determining the remuneration, fees and allowances payable to the employees of the clinical commissioning group or to other persons providing services to it,
> (b) the function of determining the allowances payable under a pension scheme established under paragraph 11(4) of Schedule 1A, and
> (c) such other functions connected with the exercise of its main function as may be specified in the group’s constitution or by regulations.
> (c) such other functions connected with the exercise of its main function as may be specified in the group's constitution or by regulations.
> (4) Only the following may be members of the governing body—
> (a) a member of the group who is an individual;
> (b) an individual appointed by virtue of regulations under section [14N](#p00399)[(2)](#p00400);
> (b) an individual appointed by virtue of regulations under section 14N(2);
> (c) an individual of a description specified in the constitution of the group.
> (5) Regulations may make provision requiring a clinical commissioning group to obtain the approval of its governing body before exercising any functions specified in the regulations.
> (6) Regulations may make provision requiring governing bodies of clinical commissioning groups to publish, in accordance with the regulations, prescribed information relating to determinations made under subsection [(3)(a)](#p00396) or [(b)](#p00397).
> (7) The Board may publish guidance for governing bodies on the exercise of their functions under subsection [(3)(a)](#p00396) or [(b)](#p00397).
> (6) Regulations may make provision requiring governing bodies of clinical commissioning groups to publish, in accordance with the regulations, prescribed information relating to determinations made under subsection (3)(a) or (b).
> (7) The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a) or (b).
> (14M)
> (1) The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.
> (2) The audit committee has—
> (a) such functions in relation to the financial duties of the clinical commissioning group as the governing body considers appropriate for the purpose of assisting it in discharging its function under section [14L](#p00394)[(2)](#p00395), and
> (b) such other functions connected with the governing body’s function under section [14L](#p00394)[(2)](#p00395) as may be specified in the group’s constitution or by regulations.
> (a) such functions in relation to the financial duties of the clinical commissioning group as the governing body considers appropriate for the purpose of assisting it in discharging its function under section 14L(2), and
> (b) such other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.
> (3) The remuneration committee has—
> (a) the function of making recommendations to the governing body as to the discharge of its functions under section [14L](#p00394)[(3)(a)](#p00396) and [(b)](#p00397), and
> (b) such other functions connected with the governing body’s function under section [14L](#p00394)[(2)](#p00395) as may be specified in the group’s constitution or by regulations.
> (a) the function of making recommendations to the governing body as to the discharge of its functions under section 14L(3)(a) and (b), and
> (b) such other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.
> (14N)
> (1) Regulations may make provision specifying the minimum number of members of governing bodies of clinical commissioning groups.
> (2) Regulations may—
@@ -1007,7 +1007,7 @@
> (c) in relation to any description of individuals mentioned in regulations by virtue of paragraph (b), specify—
> (i) the minimum number of individuals of that description who must be appointed;
> (ii) the maximum number of such individuals who may be appointed;
> (d) provide that the descriptions specified for the purposes of section [14L](#p00394)[(4)(c)](#p00398) may not include prescribed descriptions.
> (d) provide that the descriptions specified for the purposes of section 14L(4)(c) may not include prescribed descriptions.
> (3) Regulations may make provision as to—
> (a) qualification and disqualification for membership of governing bodies or their audit or remuneration committees;
> (b) how members are to be appointed;
@@ -1018,11 +1018,14 @@
> (b) tenure of office (including the circumstances in which the chair or deputy chair ceases to hold office or may be removed or suspended from office);
> (c) eligibility for re-appointment.
> (5) Regulations may—
> (a) make provision as to the matters which must be included in the constitutions of clinical commissioning groups under paragraph [8](#p01017) of Schedule 1A;
> (a) make provision as to the matters which must be included in the constitutions of clinical commissioning groups under paragraph 8 of Schedule 1A;
> (b) make such other provision about the procedure of governing bodies or their audit or remuneration committees as the Secretary of State considers appropriate, including provision about the frequency of meetings.
> (6) In this section—
> - “health care professional” means an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
> - “lay person” means an individual who is not— a member of the clinical commissioning group, a health care professional, or an individual of a prescribed description.
> - “*health care professional*” means an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
> - “*lay person*” means an individual who is not—
> 1. a member of the clinical commissioning group,
> 2. a health care professional, or
> 3. an individual of a prescribed description.
> (14O)
> (1) Each clinical commissioning group must maintain one or more registers of the interests of—
> (a) the members of the group,
@@ -1034,7 +1037,7 @@
> (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the person has in relation to a decision to be made in the exercise of the commissioning functions of the group,
> (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or potential conflict and, in any event, within 28 days, and
> (c) that any such declaration is included in the registers maintained under subsection (1).
> (4) Each clinical commissioning group must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the group’s decision-making processes.
> (4) Each clinical commissioning group must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the group's decision-making processes.
> (5) The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this section.
> (6) Each clinical commissioning group must have regard to guidance published under subsection (5).
> (7) For the purposes of this section, the commissioning functions of a clinical commissioning group are the functions of the group in arranging for the provision of services as part of the health service.
@@ -1045,13 +1048,13 @@
##### 26
After section [14O](#p00401) of the National Health Service Act 2006 insert—
After section 14O of the National Health Service Act 2006 insert—
> (14P)
> (1) Each clinical commissioning group must, in the exercise of its functions—
> (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
> (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
> (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
> (2) In this section, “*patients*” and “*staff*” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
> (14Q) Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
> (14R)
> (1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness.
@@ -1060,8 +1063,8 @@
> (a) the effectiveness of the services,
> (b) the safety of the services, and
> (c) the quality of the experience undergone by patients.
> (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance published under section [14Z8](#p00421).
> (14S) Each clinical commissioning group must assist and support the Board in discharging its duty under section [13E](#p00369) so far as relating to securing continuous improvement in the quality of primary medical services.
> (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance published under section 14Z8.
> (14S) Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as relating to securing continuous improvement in the quality of primary medical services.
> (14T) Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
> (a) reduce inequalities between patients with respect to their ability to access health services, and
> (b) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services.
@@ -1077,12 +1080,12 @@
> (a) the prevention, diagnosis or treatment of illness, and
> (b) the protection or improvement of public health.
> (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under subsection (1).
> (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection [(2)](#p00410).
> (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection (2).
> (14X) Each clinical commissioning group must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).
> (14Y) Each clinical commissioning group must, in the exercise of its functions, promote—
> (a) research on matters relevant to the health service, and
> (b) the use in the health service of evidence obtained from research.
> (14Z) Each clinical commissioning group must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section [1F](#p00345)[(1)](#p00346) so as to assist the Secretary of State in the discharge of the duty under that section.
> (14Z) Each clinical commissioning group must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
> (14Z1)
> (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—
> (a) improve the quality of those services (including the outcomes that are achieved from their provision),
@@ -1093,8 +1096,8 @@
> (b) reduce inequalities between persons with respect to their ability to access those services, or
> (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
> (3) In this section—
> - “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
> - “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
> - “*health-related services*” means services that may have an effect on the health of individuals but are not health services or social care services;
> - “*social care services*” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
> (14Z2)
> (1) This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning arrangements”).
> (2) The clinical commissioning group must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
@@ -1120,7 +1123,7 @@
> (a) which is made up of contributions by all the groups, and
> (b) out of which payments may be made towards expenditure incurred in the discharge of any of the commissioning functions in respect of which the arrangements are made.
> (6) Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions.
> (7) In this section, “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (including the function of making a request to the Board for the purposes of section [14Z9](#p00422)).
> (7) In this section, “*commissioning functions*” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (including the function of making a request to the Board for the purposes of section 14Z9).
> (14Z4)
> (1) Regulations may provide for any prescribed functions of a clinical commissioning group to be exercised jointly with a Local Health Board.
> (2) Regulations may provide for any functions that are (by virtue of subsection (1)) exercisable jointly by a clinical commissioning group and a Local Health Board to be exercised by a joint committee of the group and the Local Health Board.
@@ -1140,7 +1143,7 @@
> (4) Accordingly, any obligation of another clinical commissioning group to make the payment ceases to have effect.
> (5) Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
> (6) The Board may publish guidance for clinical commissioning groups for the purpose of assisting them in understanding and applying any document published under subsection (1).
> (7) In this section and section [14Z8](#p00421), “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service.
> (7) In this section and section 14Z8, “*commissioning functions*” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service.
> (14Z8)
> (1) The Board must publish guidance for clinical commissioning groups on the discharge of their commissioning functions.
> (2) Each clinical commissioning group must have regard to guidance under this section.
@@ -1158,38 +1161,38 @@
> (1) The Board may provide assistance or support to a clinical commissioning group.
> (2) The assistance that may be provided includes—
> (a) financial assistance, and
> (b) making the services of the Board’s employees or any other resources of the Board available to the clinical commissioning group.
> (b) making the services of the Board's employees or any other resources of the Board available to the clinical commissioning group.
> (3) Assistance or support provided under this section may be provided on such terms and conditions, including terms as to payment, as the Board considers appropriate.
> (4) The Board may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this section.
> (5) A clinical commissioning group must comply with any restrictions imposed under subsection (4).
> (14Z11)
> (1) Before the start of each relevant period, a clinical commissioning group must prepare a plan setting out how it proposes to exercise its functions in that period.
> (2) In subsection (1), “relevant period”, in relation to a clinical commissioning group, means—
> (2) In subsection (1), “*relevant period*”, in relation to a clinical commissioning group, means—
> (a) the period which —
> (i) begins on such day during the first financial year of the group as the Board may direct, and
> (ii) ends at the end of that financial year, and
> (b) each subsequent financial year.
> (3) The plan must, in particular, explain how the group proposes to discharge its duties under—
> (a) sections [14R](#p00405), [14T](#p00406) and [14Z2](#p00416), and
> (b) sections [223H](#p00445) to [223J](#p00449).
> (a) sections 14R, 14T and 14Z2, and
> (b) sections 223H to 223J.
> (4) The clinical commissioning group must publish the plan.
> (5) The clinical commissioning group must give a copy of the plan to the Board before the date specified by the Board in a direction.
> (6) The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board.
> (7) The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue of this section and sections [14Z12](#p00429) and [14Z13](#p00431).
> (8) A clinical commissioning group must have regard to any guidance published by the Board under subsection [(7)](#p00427).
> (9) In this Chapter, “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the group.
> (7) The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue of this section and sections 14Z12 and 14Z13.
> (8) A clinical commissioning group must have regard to any guidance published by the Board under subsection (7).
> (9) In this Chapter, “*relevant Health and Wellbeing Board*”, in relation to a clinical commissioning group, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the group.
> (14Z12)
> (1) A clinical commissioning group may revise a plan published by it under section [14Z11](#p00423).
> (1) A clinical commissioning group may revise a plan published by it under section 14Z11.
> (2) If the clinical commissioning group revises the plan in a way which it considers to be significant—
> (a) the group must publish the revised plan, and
> (b) subsections [(5)](#p00425) and [(6)](#p00426) of section [14Z11](#p00423) apply in relation to the revised plan as they apply in relation to the original plan.
> (b) subsections (5) and (6) of section 14Z11 apply in relation to the revised plan as they apply in relation to the original plan.
> (3) If the clinical commissioning group revises the plan in any other way, the group must—
> (a) publish a document setting out the changes it has made to the plan, and
> (b) give a copy of the document to the Board and each relevant Health and Wellbeing Board.
> (14Z13)
> (1) This section applies where a clinical commissioning group is—
> (a) preparing a plan under section [14Z11](#p00423), or
> (b) revising a plan under section [14Z12](#p00429) in a way which it considers to be significant.
> (a) preparing a plan under section 14Z11, or
> (b) revising a plan under section 14Z12 in a way which it considers to be significant.
> (2) The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of section 3.
> (3) The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising the plan.
> (4) The clinical commissioning group must, in particular—
@@ -1200,20 +1203,20 @@
> (a) it may also give the Board its opinion on the matter mentioned in that subsection, and
> (b) if it does so, it must give the clinical commissioning group a copy of its opinion.
> (7) If a clinical commissioning group revises or further revises a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) to (6) apply in relation to the revised draft as they apply in relation to the original draft.
> (8) A clinical commissioning group must include in a plan published under section [14Z11](#p00423)[(4)](#p00424) or [14Z12](#p00429)[(2)](#p00430)—
> (8) A clinical commissioning group must include in a plan published under section 14Z11(4) or 14Z12(2)—
> (a) a summary of the views expressed by individuals consulted under subsection (2),
> (b) an explanation of how the group took account of those views, and
> (c) a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).
> (9) In this section, “joint health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by virtue of section 196 of the Health and Social Care Act 2012.
> (9) In this section, “*joint health and wellbeing strategy*” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by virtue of section 196 of the Health and Social Care Act 2012.
> (14Z14)
> (1) A relevant Health and Wellbeing Board—
> (a) may give the Board its opinion on whether a plan published by a clinical commissioning group under section [14Z11](#p00423)[(4)](#p00424) or [14Z12](#p00429)[(2)](#p00430) takes proper account of each joint health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
> (a) may give the Board its opinion on whether a plan published by a clinical commissioning group under section 14Z11(4) or 14Z12(2) takes proper account of each joint health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
> (b) if it does so, must give the clinical commissioning group a copy of its opinion.
> (2) In this section, “joint health and wellbeing strategy” has the same meaning as in section [14Z13](#p00431).
> (2) In this section, “*joint health and wellbeing strategy*” has the same meaning as in section 14Z13.
> (14Z15)
> (1) In each financial year other than its first financial year, a clinical commissioning group must prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
> (2) An annual report must, in particular—
> (a) explain how the clinical commissioning group has discharged its duties under sections [14R](#p00405), [14T](#p00406) and [14Z2](#p00416), and
> (a) explain how the clinical commissioning group has discharged its duties under sections 14R, 14T and 14Z2, and
> (b) review the extent to which the group has contributed to the delivery of any joint health and wellbeing strategy to which it was required to have regard under section 116B(1)(b) of the Local Government and Public Involvement in Health Act 2007.
> (3) In preparing the review required by subsection (2)(b), the clinical commissioning group must consult each relevant Health and Wellbeing Board.
> (4) The Board may give directions to clinical commissioning groups as to the form and content of an annual report.
@@ -1225,16 +1228,16 @@
> (1) The Board must conduct a performance assessment of each clinical commissioning group in respect of each financial year.
> (2) A performance assessment is an assessment of how well the clinical commissioning group has discharged its functions during that year.
> (3) The assessment must, in particular, include an assessment of how well the group has discharged its duties under—
> (a) sections [14R](#p00405), [14T](#p00406), [14W](#p00409) and [14Z2](#p00416),
> (b) sections [223H](#p00445) to [223J](#p00449), and
> (a) sections 14R, 14T, 14W and 14Z2,
> (b) sections 223H to 223J, and
> (c) section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies).
> (4) In conducting a performance assessment, the Board must consult each relevant Health and Wellbeing Board as to its views on the clinical commissioning group’s contribution to the delivery of any joint health and wellbeing strategy to which the group was required to have regard under section 116B(1)(b) of that Act of 2007.
> (4) In conducting a performance assessment, the Board must consult each relevant Health and Wellbeing Board as to its views on the clinical commissioning group's contribution to the delivery of any joint health and wellbeing strategy to which the group was required to have regard under section 116B(1)(b) of that Act of 2007.
> (5) The Board must, in particular, have regard to—
> (a) any document published by the Secretary of State for the purposes of this section, and
> (b) any guidance published under section [14Z8](#p00421).
> (b) any guidance published under section 14Z8.
> (6) The Board must publish a report in respect of each financial year containing a summary of the results of each performance assessment conducted by the Board in respect of that year.
> (14Z17)
> (1) Sections [14Z18](#p00437) and [14Z19](#p00438) apply where the Board has reason to believe—
> (1) Sections 14Z18 and 14Z19 apply where the Board has reason to believe—
> (a) that the area of a clinical commissioning group is no longer appropriate, or
> (b) that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its functions.
> (2) For the purposes of this section—
@@ -1248,14 +1251,14 @@
> (3) A person must comply with a requirement imposed under subsection (1).
> (4) The power conferred by subsection (1) includes power to require that any information, documents or records kept by means of a computer be provided in legible form.
> (5) The power conferred by subsection (1) does not include power to require the provision of personal records.
> (6) In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984.
> (6) In subsection (5), “*personal records*” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984.
> (14Z19)
> (1) Where this section applies, the Board may require the clinical commissioning group to provide it with an explanation of any matter which relates to the exercise by the group of any of its functions, including an explanation of how the group is proposing to exercise any of its functions.
> (2) The Board may require the explanation to be given—
> (a) orally at such time and place as the Board may specify, or
> (b) in writing.
> (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
> (14Z20) Any information, documents, records or other items that are obtained by the Board in pursuance of section [14Z18](#p00437) or [14Z19](#p00438) may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
> (14Z20) Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
> (14Z21)
> (1) This section applies if the Board is satisfied that—
> (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
@@ -1266,9 +1269,9 @@
> (b) the accountable officer of the group,
> to cease to perform any functions for such period or periods as may be specified in the direction.
> (4) The Board may—
> (a) terminate the appointment of the clinical commissioning group’s accountable officer, and
> (a) terminate the appointment of the clinical commissioning group's accountable officer, and
> (b) appoint another person to be its accountable officer.
> (5) Paragraph [12(4)](#p01020) of Schedule 1A does not apply to an appointment under subsection (4)(b).
> (5) Paragraph 12(4) of Schedule 1A does not apply to an appointment under subsection (4)(b).
> (6) The Board may vary the constitution of the clinical commissioning group, including doing so by—
> (a) varying its area,
> (b) adding any person who is a provider of primary medical services to the list of members, or
@@ -1282,13 +1285,13 @@
> (b) where a direction is given under subsection (8)(b) to another clinical commissioning group or to the accountable officer of another clinical commissioning group, co-operate with the other group or (as the case may be) the accountable officer.
> (10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning group to which it is proposing to give the direction.
> (11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property transfer scheme or a staff transfer scheme.
> (12) In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in section 14I.
> (12) In subsection (11), “*property transfer scheme*” and “*staff transfer scheme*” have the same meaning as in section 14I.
> (13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme under section 14I(1).
> (14) For the purposes of this section—
> (a) a failure to discharge a function includes a failure to discharge it properly, and
> (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board considers to be the interests of the health service.
> (14Z22)
> (1) Before exercising the power to dissolve a clinical commissioning group under section [14Z21](#p00439)[(7)](#p00440) the Board must consult the following persons—
> (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must consult the following persons—
> (a) the clinical commissioning group,
> (b) relevant local authorities, and
> (c) any other persons the Board considers it appropriate to consult.
@@ -1297,7 +1300,7 @@
> (b) giving its reasons for doing so.
> (3) After consulting those persons (and before exercising the power), the Board must publish a report containing its response to the consultation.
> (4) If the Board decides to exercise the power, the report must, in particular, explain its reasons for doing so.
> (5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the powers conferred by sections [14Z18](#p00437), [14Z19](#p00438) and [14Z21](#p00439).
> (5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the powers conferred by sections 14Z18, 14Z19 and 14Z21.
> (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
> (7) For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with, or includes the whole or any part of, the area of the clinical commissioning group.
> (14Z23)
@@ -1307,39 +1310,39 @@
> (c) the disclosure is made in accordance with any enactment or court order,
> (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
> (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
> (f) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group’s functions,
> (f) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group's functions,
> (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
> (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
> (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
> (14Z24)
> (1) In this Chapter—
> - “financial year”, in relation to a clinical commissioning group, includes the period which begins on the day the group is established and ends on the following 31 March;
> - “the health service” means the health service in England;
> - “health services” means services provided as part of the health service and, in section [14Z2](#p00416), also includes services that are to be provided as part of the health service;
> - “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning given by section [14Z11](#p00423)[(9)](#p00428).
> - “*financial year*”, in relation to a clinical commissioning group, includes the period which begins on the day the group is established and ends on the following 31 March;
> - “*the health service*” means the health service in England;
> - “*health services*” means services provided as part of the health service and, in section 14Z2, also includes services that are to be provided as part of the health service;
> - “*relevant Health and Wellbeing Board*”, in relation to a clinical commissioning group, has the meaning given by section 14Z11(9).
> (2) Any reference (however expressed) in the following provisions of this Act to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—
> - section 6E(7) and (10)(b),
> - section 14C(2)(e),
> - section [14P](#p00403),
> - section [14Q](#p00404),
> - section [14T](#p00406),
> - section [14U](#p00407)(1),
> - section [14V](#p00408),
> - section [14W](#p00409)(1),
> - section [14X](#p00411),
> - section [14Y](#p00412),
> - section [14Z](#p00413),
> - section [14Z1](#p00414)(1) and (2),
> - section [14Z2](#p00416)(1),
> - section [14Z4](#p00417)(1),
> - section [14Z5](#p00418)(2),
> - section [14Z6](#p00419)(1),
> - section [14Z7](#p00420)(7),
> - section [14Z11](#p00423)(1),
> - section [14Z15](#p00434)(1),
> - section [14Z16](#p00435)(2),
> - sections [14Z17](#p00436)(1), [14Z19](#p00438)(1) and [14Z21](#p00439)(1) and (3),
> - section [14Z23](#p00441)(1),
> - section 14P,
> - section 14Q,
> - section 14T,
> - section 14U(1),
> - section 14V,
> - section 14W(1),
> - section 14X,
> - section 14Y,
> - section 14Z,
> - section 14Z1(1) and (2),
> - section 14Z2(1),
> - section 14Z4(1),
> - section 14Z5(2),
> - section 14Z6(1),
> - section 14Z7(7),
> - section 14Z11(1),
> - section 14Z15(1),
> - section 14Z16(2),
> - sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),
> - section 14Z23(1),
> - section 72(1),
> - section 75(1)(a) and (2),
> - section 77(1)(b),
@@ -1360,13 +1363,13 @@
##### 27
After section [223F](#p00391) of the National Health Service Act 2006 insert—
After section 223F of the National Health Service Act 2006 insert—
> (223G)
> (1) The Board must pay in respect of each financial year to each clinical commissioning group sums not exceeding the amount allotted for that year by the Board to the group towards meeting the expenditure of the group which is attributable to the performance by it of its functions in that year.
> (2) In determining the amount to be allotted to a clinical commissioning group for any year, the Board may take into account—
> (a) the expenditure of the clinical commissioning group during any previous financial year, and
> (b) the amount that it proposes to hold, during the year to which the allotment relates, in any contingency fund established under section [223F](#p00391).
> (b) the amount that it proposes to hold, during the year to which the allotment relates, in any contingency fund established under section 223F.
> (3) An amount is allotted to a clinical commissioning group for a year under this section when the group is notified in writing by the Board that the amount is allotted to it for that year.
> (4) The Board may make a new allotment under this section increasing or reducing an allotment previously so made.
> (5) Where the Board allots an amount to a clinical commissioning group or makes a new allotment under subsection (4), it must notify the Secretary of State.
@@ -1374,34 +1377,34 @@
> (a) the application of sums paid to it by virtue of a new allotment increasing an allotment previously so made, and
> (b) the payment of sums by it to the Board in respect of charges or other sums referable to the valuation or disposal of assets.
> (7) Sums falling to be paid to clinical commissioning groups under this section are payable subject to such conditions as to records, certificates or otherwise as the Board may determine.
> (8) In this section and sections [223H](#p00445) to [223K](#p00450) “financial year” includes the period which begins on the day the clinical commissioning group is established and ends on the following 31 March.
> (8) In this section and sections 223H to 223K “*financial year*” includes the period which begins on the day the clinical commissioning group is established and ends on the following 31 March.
> (223H)
> (1) Each clinical commissioning group must, in respect of each financial year, perform its functions so as to ensure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
> (a) the amount allotted to it for that year under section [223G](#p00443),
> (b) any sums received by it in that year under any provision of this Act (other than sums received by it under section [223G](#p00443)), and
> (a) the amount allotted to it for that year under section 223G,
> (b) any sums received by it in that year under any provision of this Act (other than sums received by it under section 223G), and
> (c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray such expenditure.
> (2) The Board may by directions determine—
> (a) whether specified sums must, or must not, be treated for the purposes of this section as received by a specified clinical commissioning group,
> (b) whether specified expenditure must, or must not, be treated for those purposes as expenditure within subsection (1) of a specified clinical commissioning group, or
> (c) the extent to which, and the circumstances in which, sums received by a clinical commissioning group under section [223G](#p00443) but not yet spent must be treated for the purposes of this section as part of the expenditure of the group, and to which financial year’s expenditure they must be attributed.
> (c) the extent to which, and the circumstances in which, sums received by a clinical commissioning group under section 223G but not yet spent must be treated for the purposes of this section as part of the expenditure of the group, and to which financial year's expenditure they must be attributed.
> (3) The Secretary of State may by directions require a clinical commissioning group to use specified banking facilities for any specified purposes.
> (4) In this section, “specified” means specified in the directions.
> (4) In this section, “*specified*” means specified in the directions.
> (223I)
> (1) For the purposes of this section and section [223J](#p00449)—
> (a) a clinical commissioning group’s capital resource use, in relation to a financial year, means the group’s use of capital resources in that year, and
> (b) a clinical commissioning group’s revenue resource use, in relation to a financial year, means the group’s use of revenue resources in that year.
> (1) For the purposes of this section and section 223J—
> (a) a clinical commissioning group's capital resource use, in relation to a financial year, means the group's use of capital resources in that year, and
> (b) a clinical commissioning group's revenue resource use, in relation to a financial year, means the group's use of revenue resources in that year.
> (2) A clinical commissioning group must ensure that its capital resource use in a financial year does not exceed the amount specified by direction of the Board.
> (3) A clinical commissioning group must ensure that its revenue resource use in a financial year does not exceed the amount specified by direction of the Board.
> (4) Any directions given in relation to a financial year under subsection (6) of section [223D](#p00387) apply (in relation to that year) for the purposes of this section as they apply for the purposes of that section.
> (5) The Board may by directions make provision for determining to which clinical commissioning group a use of capital resources or revenue resources is to be attributed for the purposes of this section or section [223J](#p00449).
> (4) Any directions given in relation to a financial year under subsection (6) of section 223D apply (in relation to that year) for the purposes of this section as they apply for the purposes of that section.
> (5) The Board may by directions make provision for determining to which clinical commissioning group a use of capital resources or revenue resources is to be attributed for the purposes of this section or section 223J.
> (6) Where the Board gives a direction under subsection (2) or (3), it must notify the Secretary of State.
> (223J)
> (1) The Board may direct a clinical commissioning group to ensure that its capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
> (2) The Board may direct a clinical commissioning group to ensure that its revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
> (3) The Board may direct a clinical commissioning group to ensure that its revenue resource use in a financial year which is attributable to prescribed matters relating to administration does not exceed an amount specified in the direction.
> (4) The Board may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of subsection (1) or (as the case may be) subsection (2) or (3).
> (5) The Board may not exercise the power conferred by subsection (1) or (2) in relation to particular matters unless the Secretary of State has given a direction in relation to those matters under subsection (1) of section [223E](#p00390) or (as the case may be) subsection (2) of that section.
> (6) The Board may not exercise the power conferred by subsection (3) in relation to prescribed matters relating to administration unless the Secretary of State has given a direction in relation to those matters under subsection (3)(a) of section [223E](#p00390).
> (5) The Board may not exercise the power conferred by subsection (1) or (2) in relation to particular matters unless the Secretary of State has given a direction in relation to those matters under subsection (1) of section 223E or (as the case may be) subsection (2) of that section.
> (6) The Board may not exercise the power conferred by subsection (3) in relation to prescribed matters relating to administration unless the Secretary of State has given a direction in relation to those matters under subsection (3)(a) of section 223E.
> (223K)
> (1) The Board may, after the end of a financial year, make a payment to a clinical commissioning group.
> (2) For the purpose of determining whether to make a payment under subsection (1) and (if so) the amount of the payment, the Board must take into account at least one of the following factors—
@@ -1412,15 +1415,19 @@
> (3) For that purpose, the Board may also take into account either or both of the following factors—
> (a) relevant inequalities identified during that year;
> (b) any reduction in relevant inequalities identified during that year (in comparison to relevant inequalities identified during previous financial years).
> (4) Regulations may make provision as to the principles or other matters that the Board must or may take into account in assessing any factor mentioned in subsection [(2)](#p00451) or [(3)](#p00452).
> (4) Regulations may make provision as to the principles or other matters that the Board must or may take into account in assessing any factor mentioned in subsection (2) or (3).
> (5) Regulations may provide that, in prescribed circumstances, the Board may, if it considers it appropriate to do so—
> (a) not make a payment that would otherwise be made to a clinical commissioning group under subsection (1), or
> (b) reduce the amount of such a payment.
> (6) Regulations may make provision as to how payments under subsection (1) may be spent (which may include provision as to circumstances in which the whole or part of any such payments may be distributed to members of the clinical commissioning group).
> (7) A clinical commissioning group must publish an explanation of how the group has spent any payment made to it under subsection (1).
> (8) In this section—
> - “relevant services” means services provided in pursuance of arrangements made by the clinical commissioning group— under section 3 or 3A or Schedule 1, or by virtue of section 7A;
> - “relevant inequalities” means inequalities between the persons for whose benefit relevant services are at any time provided with respect to— their ability to access the services, or the outcomes achieved for them by their provision.
> - “*relevant services*” means services provided in pursuance of arrangements made by the clinical commissioning group—
> 1. under section 3 or 3A or Schedule 1, or
> 2. by virtue of section 7A;
> - “*relevant inequalities*” means inequalities between the persons for whose benefit relevant services are at any time provided with respect to—
> 1. their ability to access the services, or
> 2. the outcomes achieved for them by their provision.
#### Requirement for primary medical services provider to belong to clinical commissioning group
@@ -1460,13 +1467,13 @@
> (a) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, and
> (b) to meet such other conditions as may be prescribed.
### Further provision about local authorities’ role in the health service
### Further provision about local authorities' role in the health service
#### Other health service functions of local authorities under the 2006 Act
##### 29
- (1) The [National Health Service Act 2006 (c. 41)](https://www.legislation.gov.uk/ukpga/2006/41) is amended as follows.
- (1) The National Health Service Act 2006 (c. 41) is amended as follows.
- (2) In section 111 (dental public health)—
@@ -1480,7 +1487,7 @@
- (c) after subsection (2) insert—
> (3) In this section, “local authority” has the same meaning as in section 2B.
> (3) In this section, “*local authority*” has the same meaning as in section 2B.
- (3) In section 249 (joint working with the prison service) after subsection (4) insert—
@@ -1504,7 +1511,7 @@
> (3) Subsection (4) applies if the Secretary of State—
> (a) considers that the director has failed or might have failed to discharge (or to discharge properly) the responsibilities of the director under—
> (i) subsection (1)(b), or
> (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A, and
> (ii) subsection (1)(c) where the arrangements relate to the Secretary of State's functions under section 2A, and
> (b) has consulted the local authority.
> (4) The Secretary of State may direct the local authority to—
> (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
@@ -1514,7 +1521,7 @@
> (5) A local authority may terminate the appointment of its director of public health.
> (6) Before terminating the appointment of its director of public health, a local authority must consult the Secretary of State.
> (7) A local authority must have regard to any guidance given by the Secretary of State in relation to its director of public health, including guidance as to appointment and termination of appointment, terms and conditions and management.
> (8) In this section, “local authority” has the same meaning as in section 2B.
> (8) In this section, “*local authority*” has the same meaning as in section 2B.
#### Exercise of public health functions of local authorities
@@ -1534,7 +1541,7 @@
> (4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to the appointment of officers of the local authority to discharge any functions mentioned in subsection (2), and as to their terms and conditions, management and dismissal.
> (5) The director of public health for a local authority must prepare an annual report on the health of the people in the area of the local authority.
> (6) The local authority must publish the report.
> (7) In this section, “local authority” has the same meaning as in section 2B.
> (7) In this section, “*local authority*” has the same meaning as in section 2B.
#### Complaints about exercise of public health functions by local authorities
@@ -1560,7 +1567,7 @@
> (b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.
> (4) Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974.
> (5) Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.
> (6) In this section, “local authority” has the same meaning as in section 2B.
> (6) In this section, “*local authority*” has the same meaning as in section 2B.
### Abolition of Strategic Health Authorities and Primary Care Trusts
@@ -1607,7 +1614,7 @@
- (5) After subsection (7) of that section insert—
> (7A) The Secretary of State must, in relation to the terms to be included in any arrangements under this section, consult any local authority whose area includes, coincides with or is wholly or partly within the specified area.
> (7B) In this section and the following provisions of this Chapter “local authority” means—
> (7B) In this section and the following provisions of this Chapter “*local authority*” means—
> (a) a county council in England;
> (b) a district council in England, other than a council for a district in a county for which there is a county council;
> (c) a London borough council;
@@ -1678,7 +1685,7 @@
> (2) A fluoridation proposal is a proposal that the Secretary of State enter into arrangements with one or more water undertakers to increase the fluoride content of the water supplied by the undertaker or undertakers to premises within such area or areas in England as may be specified in the proposal.
> (3) A fluoridation proposal may be made by one or more local authorities in England.
> (4) A local authority may not make a fluoridation proposal unless its area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal.
> (5) In the following provisions of this Chapter, “proposer”, in relation to a fluoridation proposal, means the local authority or authorities which made the proposal.
> (5) In the following provisions of this Chapter, “*proposer*”, in relation to a fluoridation proposal, means the local authority or authorities which made the proposal.
> (6) Any reference in the following provisions of this Chapter to a local authority affected by a fluoridation proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal.
> (88C)
> (1) This section applies if a fluoridation proposal is made.
@@ -1728,7 +1735,7 @@
> (88G)
> (1) This section applies if the Secretary of State is requested to make such requests under section 87(1) as are necessary to implement a fluoridation proposal.
> (2) The Secretary of State must comply with the request if the Secretary of State is satisfied that the requirements imposed by sections 88B to 88F have been met in relation to the proposal.
> (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88C(2) or (3), [88D](#p00462)[(4)](#p00463) or 88E(2).
> (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88C(2) or (3), 88D(4) or 88E(2).
> (88H)
> (1) This section applies where a water undertaker enters into arrangements with the Secretary of State under section 87(1).
> (2) The Secretary of State may require all local authorities affected by the arrangements to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.
@@ -1750,7 +1757,7 @@
> (4) The Secretary of State may by regulations provide that subsection (1) or (2) does not apply in prescribed circumstances.
> (5) A variation or termination proposal may be made by one or more of the local authorities affected by the arrangements.
> (6) The Secretary of State may by regulations provide that, where a termination proposal is made in relation to arrangements under section 87(1), no further termination proposal may be made in relation to the arrangements until the end of such period as may be specified in the regulations.
> (7) In the following provisions of this Chapter, “proposer”, in relation to a variation or termination proposal, means the local authority or authorities which made the proposal.
> (7) In the following provisions of this Chapter, “*proposer*”, in relation to a variation or termination proposal, means the local authority or authorities which made the proposal.
> (8) Any reference in this section and in the following provisions of this Chapter to a local authority affected by a variation or termination proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements.
> (9) In relation to a proposal for the variation of the area specified in arrangements under section 87(1), any reference in this section and in the following provisions of this Chapter to a local authority affected by the proposal also includes a reference to a local authority whose area would include, coincide with or be wholly or partly within the area specified in the arrangements if the variation were made.
> (88J)
@@ -1809,7 +1816,7 @@
> (a) to request a variation of arrangements entered into under section 87(1), or
> (b) (as the case may be) to give notice under section 87C(7) to a water undertaker to terminate such arrangements.
> (2) The Secretary of State must comply with the request if satisfied that the requirements imposed by sections 88I to 88M have been met in relation to the proposal.
> (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88J(2) or (3), [88K](#p00464)[(6)](#p00465) or 88L(2).
> (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88J(2) or (3), 88K(6) or 88L(2).
> (88O)
> (1) The Secretary of State may by regulations prescribe circumstances in which arrangements must be made in accordance with the regulations—
> (a) for consulting and ascertaining opinion on whether arrangements under section 87(1) (“section 87(1) arrangements”) should be maintained, and
@@ -1826,7 +1833,7 @@
- (1) In relation to any time on or after the commencement of section 35, any relevant arrangements which have effect immediately before its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1) of that Act.
- (2) In subsection (1) “relevant arrangements” means—
- (2) In subsection (1) “*relevant arrangements*” means—
- (a) any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991, and
@@ -1852,7 +1859,7 @@
> (1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
> (a) with that other person, and
> (b) if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement.
> (2) In this section and sections 12ZB and 12ZC, “approval function” means—
> (2) In this section and sections 12ZB and 12ZC, “*approval function*” means—
> (a) the function under section 12(2), or
> (b) the function of approving persons as approved clinicians.
> (3) An agreement under this section may, in particular, provide for an approval function to be exercisable by the other party—
@@ -1868,7 +1875,7 @@
> (9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may determine; but that does not apply to an instruction such as is mentioned in subsection (6).
> (10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and the Secretary of State may make payments to other persons in connection with the exercise of an approval function by virtue of this section.
> (12ZB)
> (1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board (“the Board”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
> (1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board (“*the Board*”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
> (a) with the Board or (as the case may be) Special Health Authority, and
> (b) if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement.
> (2) The Secretary of State may, in particular, require the body concerned to exercise an approval function—
@@ -1894,7 +1901,7 @@
> (b) a person who is a party to an agreement under section 12ZA; or
> (c) if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
> (3) This section, in so far as it authorises the provision of information by one relevant person to another relevant person, has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the provision.
> (4) In this section, “information” includes documents and records.
> (4) In this section, “*information*” includes documents and records.
- (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.
@@ -2009,7 +2016,7 @@
- (b) for “he thinks fit” substitute “the Welsh Ministers think fit”,
- (c) for “their” substitute “those persons’”,
- (c) for “their” substitute “those persons'”,
- (d) for “him” substitute “the Welsh Ministers”, and
@@ -2064,9 +2071,9 @@
- (3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
> (4A) A local social services authority is responsible for a qualifying patient if—
> (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority’s area;
> (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;
> (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;
> (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority’s area;
> (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;
> (d) in the case of a qualifying patient falling within subsection (3)—
> (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or
> (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.
@@ -2086,7 +2093,7 @@
##### 44
- (1) In section 134 of the Mental Health Act 1983 (patients’ correspondence), in subsection (1)—
- (1) In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)—
- (a) before “the approved clinician” insert “or”, and
@@ -2136,9 +2143,11 @@
> (b) securing that the provider complies with any requirements mentioned in subsection (5), and
> (c) providing the Board with such information as it may require for the purpose of discharging its functions under this section.
> (10) In this section—
> - “relevant emergency”— in relation to the Board or a clinical commissioning group, means any emergency which might affect the Board or the group (whether by increasing the need for the services that it may arrange or in any other way); in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way);
> - “relevant service provider” means any body or person providing services in pursuance of service arrangements;
> - “service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.
> - “relevant emergency”—
> 1. in relation to the Board or a clinical commissioning group, means any emergency which might affect the Board or the group (whether by increasing the need for the services that it may arrange or in any other way);
> 2. in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way);
> - “*relevant service provider*” means any body or person providing services in pursuance of service arrangements;
> - “*service arrangements*”, in relation to a relevant service provider, means arrangements made by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.
#### Secretary of State’s emergency powers
@@ -2176,7 +2185,7 @@
> (2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this section.
> (2C) The Secretary of State may give directions to the Board about its exercise of any functions that are the subject of a direction under subsection (2B).
> (2D) In this section, “specified” means specified in the direction.
> (2D) In this section, “*specified*” means specified in the direction.
- (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
@@ -2214,42 +2223,42 @@
- (1) After section 98 of the National Health Service Act 2006 insert—
> (98A)
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary medical services.
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services.
> (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
> (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)).
> (4) The Board may direct a clinical commissioning group to exercise any of the Board’s functions relating to the provision of primary medical services.
> (5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection [(4)](#p00479)).
> (6) Subsection [(4)](#p00479) does not apply to such functions, or functions of such descriptions, as may be prescribed.
> (7) Where the Board gives a direction under subsection [(4)](#p00479) or [(5)](#p00480), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
> (8) A clinical commissioning group exercising a function specified in a direction under subsection [(4)](#p00479) or [(5)](#p00480) must report to the Board on matters arising out of the group’s exercise of the function.
> (9) A report under subsection [(8)](#p00481) must be made in such form and manner as the Board may specify.
> (10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection [(8)](#p00481).
> (4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services.
> (5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
> (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
> (7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
> (8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function.
> (9) A report under subsection (8) must be made in such form and manner as the Board may specify.
> (10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).
- (2) After section 114 of that Act insert—
> (114A)
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary dental services.
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary dental services.
> (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
> (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)).
- (3) After section 125 of that Act insert—
> (125A)
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary ophthalmic services.
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services.
> (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
> (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)).
> (4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board’s functions relating to the provision of primary ophthalmic services.
> (5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection [(4)](#p00482)).
> (6) Subsection [(4)](#p00482) does not apply to such functions, or functions of such descriptions, as may be prescribed.
> (7) Where the Board gives a direction to a body under subsection [(4)](#p00482) or [(5)](#p00483), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
> (8) A body which is given a direction under subsection [(4)](#p00482) or [(5)](#p00483) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
> (9) A report under subsection [(8)](#p00484) must be made in such form and manner as the Board may specify.
> (10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection [(8)](#p00484).
> (4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services.
> (5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
> (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
> (7) Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
> (8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
> (9) A report under subsection (8) must be made in such form and manner as the Board may specify.
> (10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).
- (4) After section 168 of that Act insert—
> (168A)
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
> (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
> (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
> (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)).
@@ -2261,7 +2270,7 @@
> (186A)
> (1) The Secretary of State may make charges under this subsection in respect of any step taken under section 2A.
> (2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual’s health.
> (2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health.
> (3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate.
> (4) Regulations may provide for the making and recovery of charges in respect of—
> (a) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and
@@ -2303,17 +2312,17 @@
> (d) the National Institute for Health and Care Excellence;
> (e) the Health and Social Care Information Centre;
> (f) Special Health Authorities.
> (3) The Secretary of State may include in an annual report under section [247D](#p00490) the Secretary of State’s views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.
> (3) The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.
#### Secretary of State’s annual report
##### 53
After section [247C](#p00488) of the National Health Service Act 2006 insert—
After section 247C of the National Health Service Act 2006 insert—
> (247D)
> (1) The Secretary of State must publish an annual report on the performance of the health service in England.
> (2) The report must include the Secretary of State’s assessment of the effectiveness of the discharge of the duties under sections 1A and [1C](#p00338).
> (2) The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C.
> (3) The Secretary of State must lay any report prepared under this section before Parliament.
#### Certification of death
@@ -2378,23 +2387,23 @@
- (f) examine records kept in connection with the manufacture and quality control of biological substances,
- (g) report on the results of tests or examinations conducted in pursuance of paragraph [(e)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/1/e/enacted) or [(f)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/1/f/enacted), and
- (h) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/1/a/enacted) to [(g)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/1/g/enacted).
- (g) report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
- (h) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g).
- (2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
- (3) Subsections [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/57/5/enacted) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
- (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
- (4) The appropriate authority must co-operate with the person in the exercise of those functions.
- (5) The person must co-operate with the appropriate authority in the exercise of the authority’s functions under this section.
- (5) The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section.
- (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
- (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
- (8) In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.
- (8) In this section “*biological substance*” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.
#### Radiation protection functions
@@ -2424,7 +2433,7 @@
- (a) consult the body, and
- (b) have regard to the body’s policies.
- (b) have regard to the body's policies.
- (6) Each of the following is a Health and Safety body—
@@ -2432,9 +2441,9 @@
- (b) the Health and Safety Executive for Northern Ireland.
- (7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
- (8) In this section, “the appropriate authority” means—
- (7) In subsection (2)(f), “*facilities*” has the same meaning as in the National Health Service Act 2006.
- (8) In this section, “*the appropriate authority*” means—
- (a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998);
@@ -2442,7 +2451,7 @@
- (c) the Secretary of State in any other case.
- (9) In this section, “the public” means—
- (9) In this section, “*the public*” means—
- (a) where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
@@ -2458,7 +2467,7 @@
- (1) The AIDS (Control) Act 1987 is repealed.
- (2) The AIDS (Control) (Northern Ireland) Order 1987 ([S.I. 1987/1832 (N.I. 18)](https://www.legislation.gov.uk/nisi/1987/1832)) is revoked.
- (2) The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.
#### Co-operation with bodies exercising functions in relation to public health
@@ -2475,7 +2484,7 @@
- (2) In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert—
> (da) section [247B](#p00505) (co-operation in relation to public health functions),
> (da) section 247B (co-operation in relation to public health functions),
.
@@ -2525,11 +2534,11 @@
- (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those health care services.
- (6) Monitor must, in carrying out its duties under subsections [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/62/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/62/5/enacted), have regard to the way in which—
- (a) the National Health Service Commissioning Board carries out its duties under section [13N](#p00372) of the National Health Service Act 2006, and
- (b) clinical commissioning groups carry out their duties under section [14Z1](#p00414) of that Act.
- (6) Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
- (a) the National Health Service Commissioning Board carries out its duties under section 13N of the National Health Service Act 2006, and
- (b) clinical commissioning groups carry out their duties under section 14Z1 of that Act.
- (7) Monitor must secure that people who use health care services, and other members of the public, are involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than decisions it makes about the exercise of its functions in a particular case).
@@ -2549,9 +2558,9 @@
- (11) In this section—
- “health-related services” means services that may have an effect on people’s health but are not health care services or social care services;
- “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
- “*health-related services*” means services that may have an effect on people's health but are not health care services or social care services;
- “*social care services*” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
#### Secretary of State’s guidance on duty under section 62(9)
@@ -2559,9 +2568,9 @@
- (1) The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 62(9), publish guidance on—
- (a) the objectives specified in the mandate published under section 13A of the National Health Service Act 2006 which the Secretary of State considers to be relevant to Monitor’s exercise of its functions, and
- (b) the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its functions.
- (a) the objectives specified in the mandate published under section 13A of the National Health Service Act 2006 which the Secretary of State considers to be relevant to Monitor's exercise of its functions, and
- (b) the Secretary of State's reasons for considering those objectives to be relevant to Monitor's exercise of its functions.
- (2) In exercising its functions, Monitor must have regard to guidance under subsection (1).
@@ -2579,11 +2588,11 @@
- (1) This section applies for the purposes of this Part.
- (2) “Anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour.
- (3) “Health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service (as to which, see section 65).
- (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities.
- (2) “*Anti-competitive behaviour*” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour.
- (3) “*Health care*” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service (as to which, see section 65).
- (4) “*The NHS*” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities.
- (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with that Act.
@@ -2603,7 +2612,7 @@
- (a) includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
- (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000.
- (b) does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000.
#### Matters to have regard to in exercise of functions
@@ -2627,9 +2636,9 @@
- (g) the need for high standards in the education and training of health care professionals who provide health care services for the purposes of the NHS, and
- (h) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions.
- (3) Where the Secretary of State publishes guidance referred to in subsection [(2)(h)](https://www.legislation.gov.uk/ukpga/2012/7/section/66/2/h/enacted), the Secretary of State must lay a copy of the published guidance before Parliament.
- (h) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that document which the Secretary of State considers to be particularly relevant to Monitor's exercise of its functions.
- (3) Where the Secretary of State publishes guidance referred to in subsection (2)(h), the Secretary of State must lay a copy of the published guidance before Parliament.
- (4) The Secretary of State—
@@ -2645,7 +2654,7 @@
- (2) Monitor must act so as to secure that there is not, and could not reasonably be regarded as being, a conflict between—
- (a) its exercise of any of its functions under Chapter 5 of Part 2 of the National Health Service Act 2006 (regulation of NHS foundation trusts) or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period) or under paragraph [17](https://www.legislation.gov.uk/ukpga/2012/7/schedule/8/paragraph/17/enacted) of Schedule 8 to this Act (accounts of NHS foundation trusts), and
- (a) its exercise of any of its functions under Chapter 5 of Part 2 of the National Health Service Act 2006 (regulation of NHS foundation trusts) or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period) or under paragraph 17 of Schedule 8 to this Act (accounts of NHS foundation trusts), and
- (b) its exercise of any of its other functions.
@@ -2685,7 +2694,7 @@
- (b) a summary of the manner in which, in that financial year, Monitor has secured the resolution of conflicts between its general duties arising in cases of the kind referred to in subsection (5).
- (9) Monitor’s general duties for the purposes of this section are its duties under sections 62 and 66.
- (9) Monitor's general duties for the purposes of this section are its duties under sections 62 and 66.
#### Duty to review regulatory burdens
@@ -2755,7 +2764,7 @@
- (b) publish a statement setting out its reasons for concluding that it does not need to carry out an assessment under paragraph (a).
- (5) The assessment must set out Monitor’s explanation of how the discharge of its general duties (within the meaning of section 67)—
- (5) The assessment must set out Monitor's explanation of how the discharge of its general duties (within the meaning of section 67)—
- (a) would be secured by implementation of the proposal, but
@@ -2793,7 +2802,7 @@
##### 71
- (1) This section applies if the Secretary of State considers that Monitor is failing, or has failed, to perform any function of Monitor’s, other than a function it has by virtue of section 72 or 73, and that the failure is significant.
- (1) This section applies if the Secretary of State considers that Monitor is failing, or has failed, to perform any function of Monitor's, other than a function it has by virtue of section 72 or 73, and that the failure is significant.
- (2) The Secretary of State may direct Monitor to perform such of those functions, and in such manner and within such period, as the direction specifies.
@@ -2803,7 +2812,7 @@
- (a) perform the functions to which the direction relates, or
- (b) make arrangements for some other person to perform them on the Secretary of State’s behalf.
- (b) make arrangements for some other person to perform them on the Secretary of State's behalf.
- (5) Where the Secretary of State exercises a power under subsection (2) or (4), the Secretary of State must publish the reasons for doing so.
@@ -2811,7 +2820,7 @@
- (a) a failure to perform a function includes a failure to perform it properly, and
- (b) a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
- (b) a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “*the health service*” has the same meaning as in the National Health Service Act 2006.
### CHAPTER 2 — Competition
@@ -2819,7 +2828,7 @@
##### 72
- (1) The functions referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/72/2/enacted) are concurrent functions of Monitor and the Office of Fair Trading.
- (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
- (2) The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than 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 health care services in England—
@@ -2831,17 +2840,17 @@
- (d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
- (3) So far as necessary for the purposes of subsections [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/72/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/72/2/enacted), references in Part 1 of the Competition Act 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6), 38(1) to (6), 51, 52(6) and (8) and 54.
- (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6), 38(1) to (6), 51, 52(6) and (8) and 54.
#### Functions under Part 4 of the Enterprise Act 2002
##### 73
- (1) The functions referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/73/2/enacted) are concurrent functions of Monitor and the Office of Fair Trading.
- (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
- (2) The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of health care services in England.
- (3) So far as necessary for the purposes of subsections [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/73/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/73/2/enacted), references in Part 4 of the Enterprise Act 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to be read as including references to Monitor, except in sections 166 and 171.
- (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to be read as including references to Monitor, except in sections 166 and 171.
- (4) Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by virtue of this section, it must consult the other.
@@ -2855,7 +2864,7 @@
- (1) No objection may be taken to anything done by or in relation to Monitor under the Competition Act 1998 or Part 4 of the Enterprise Act 2002 on the ground that it should have been done by or in relation to the Office of Fair Trading.
- (2) Subject to subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/74/3/enacted), sections 62 and 66 (general duties of Monitor) do not apply in relation to anything done by Monitor in the carrying out of its functions by virtue of section 72 or 73.
- (2) Subject to subsection (3), sections 62 and 66 (general duties of Monitor) do not apply in relation to anything done by Monitor in the carrying out of its functions by virtue of section 72 or 73.
- (3) In the carrying out of any functions by virtue of section 72 or 73, Monitor may nevertheless have regard to any of the matters in respect of which a duty is imposed by section 62 or 66 if it is a matter to which the Office of Fair Trading is entitled to have regard in the carrying out of those functions.
@@ -2864,7 +2873,7 @@
> ;
> (f) Monitor.
- (5) In section 54 of the Competition Act 1998, in subsection (1) (definition of “regulator” for the purposes of Part 1 of that Act)—
- (5) In section 54 of the Competition Act 1998, in subsection (1) (definition of “*regulator*” for the purposes of Part 1 of that Act)—
- (a) omit the “and” preceding paragraph (g), and
@@ -2977,7 +2986,7 @@
- (a) provide for a specified defence to such an action;
- (b) prevent a person who has brought such an action under the Public Contracts Regulations 2006 ([S.I. 2006/5](https://www.legislation.gov.uk/uksi/2006/5)) from bringing such an action under the regulations under section 75 in respect of the whole or part of the same loss or damage.
- (b) prevent a person who has brought such an action under the Public Contracts Regulations 2006 (S.I. 2006/5) from bringing such an action under the regulations under section 75 in respect of the whole or part of the same loss or damage.
#### Requirements under section 75: undertakings
@@ -3037,7 +3046,7 @@
- (4) Where the Office of Fair Trading decides to carry out an investigation under Part 3 of the Enterprise Act 2002 of a matter involving an NHS foundation trust, it must as soon as reasonably practicable notify Monitor.
- (5) As soon as reasonably practicable after receiving a notification under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/79/4/enacted), Monitor must provide the Office of Fair Trading with advice on—
- (5) As soon as reasonably practicable after receiving a notification under subsection (4), Monitor must provide the Office of Fair Trading with advice on—
- (a) the effect of the matter under investigation on benefits (in the form of those within section 30(1)(a) of the Enterprise Act 2002 (relevant customer benefits)) for people who use health care services provided for the purposes of the NHS, and
@@ -3119,17 +3128,17 @@
- (c) the Care Quality Commission and its Healthwatch England committee.
- (5) The Secretary of State must also publish a notice under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/83/4/enacted).
- (6) A notice under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/83/4/enacted) must—
- (5) The Secretary of State must also publish a notice under subsection (4).
- (6) A notice under subsection (4) must—
- (a) state that the Secretary of State proposes to make exemption regulations and set out their proposed effect,
- (b) set out the Secretary of State’s reasons for the proposal, and
- (c) specify the period (“the notice period”) within which representations with respect to the proposal may be made.
- (7) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/83/5/enacted).
- (b) set out the Secretary of State's reasons for the proposal, and
- (c) specify the period (“*the notice period*”) within which representations with respect to the proposal may be made.
- (7) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5).
- (8) Where an exemption is granted the Secretary of State—
@@ -3143,7 +3152,7 @@
- (1) Regulations may revoke exemption regulations by which an exemption was granted to a person, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
- (a) at the person’s request,
- (a) at the person's request,
- (b) in accordance with any provision of the exemption regulations by which the exemption was granted, or
@@ -3157,17 +3166,17 @@
- (3) The Secretary of State may by direction withdraw an exemption granted to persons of a description prescribed in exemption regulations for any person of that description—
- (a) at the person’s request,
- (a) at the person's request,
- (b) in accordance with any provision of the exemption regulations by which the exemption was granted, or
- (c) if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect in the case of the person.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/5/enacted) applies where the Secretary of State proposes to—
- (a) make regulations under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/1/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/1/c/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/2/enacted), or
- (b) give a direction under subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/3/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/84/3/c/enacted).
- (4) Subsection (5) applies where the Secretary of State proposes to—
- (a) make regulations under subsection (1)(b) or (c) or (2), or
- (b) give a direction under subsection (3)(b) or (c).
- (5) The Secretary of State must—
@@ -3189,7 +3198,7 @@
- (a) state that the Secretary of State proposes to make the regulations or give the direction (as the case may be),
- (b) set out the Secretary of State’s reasons for the proposal, and
- (b) set out the Secretary of State's reasons for the proposal, and
- (c) specify the period within which representations with respect to the proposal may be made.
@@ -3227,9 +3236,9 @@
- (4) A licence issued under this section is subject to—
- (a) such of the standard conditions (see section 94) as are applicable to the licence,
- (b) such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “the special conditions”), and
- (a) such of the standard conditions (see section 94) as are applicable to the licence, and
- (b) such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “*the special conditions*”), and
- (c) any conditions included in the licence by virtue of section 111 (imposition of licence conditions on NHS foundation trusts during transitional period).
@@ -3265,11 +3274,11 @@
- (a) to an applicant for a licence under this Chapter of a proposal to refuse the application;
- (b) to the licence holder of a proposal to revoke a licence under section 89[(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/89/b/enacted).
- (b) to the licence holder of a proposal to revoke a licence under section 89(b).
- (2) A notice under this section must—
- (a) set out Monitor’s reasons for its proposal;
- (a) set out Monitor's reasons for its proposal;
- (b) specify the period within which representations with respect to the proposal may be made to Monitor.
@@ -3283,13 +3292,13 @@
- (a) refuse an application for a licence under section 87, or
- (b) revoke a licence under section 89[(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/89/b/enacted).
- (b) revoke a licence under section 89(b).
- (2) Monitor must give notice of its decision to the applicant or the licence holder (as the case may be).
- (3) A notice under this section must explain the right of appeal conferred by section 92.
- (4) A decision of Monitor to revoke a licence under section 89[(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/89/b/enacted) takes effect on such day as may be specified by Monitor, being a day no earlier than—
- (4) A decision of Monitor to revoke a licence under section 89(b) takes effect on such day as may be specified by Monitor, being a day no earlier than—
- (a) if an appeal is brought under section 92, the day on which the decision on appeal is confirmed or the appeal is abandoned,
@@ -3305,7 +3314,7 @@
- (a) refuse an application for a licence under section 87, or
- (b) revoke a licence under section 89[(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/89/b/enacted).
- (b) revoke a licence under section 89(b).
- (2) The grounds for an appeal under this section are that the decision was—
@@ -3317,7 +3326,7 @@
- (3) On an appeal under this section, the First-tier Tribunal may—
- (a) confirm Monitor’s decision,
- (a) confirm Monitor's decision,
- (b) direct that the decision is not to have effect, or
@@ -3335,7 +3344,7 @@
- (4) Any person who asks Monitor for a copy of, or an extract from, the register is entitled to have one.
- (5) Regulations may provide that subsections [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/93/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/93/4/enacted) do not apply—
- (5) Regulations may provide that subsections (3) and (4) do not apply—
- (a) in such circumstances as may be prescribed, or
@@ -3353,11 +3362,11 @@
##### 94
- (1) Monitor must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “the standard conditions”).
- (1) Monitor must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “*the standard conditions*”).
- (2) Different standard conditions may be determined for different descriptions of licences.
- (3) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/2/enacted) a description of licences may, in particular, be framed wholly or partly by reference to—
- (3) For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by reference to—
- (a) the nature of the licence holder,
@@ -3375,7 +3384,7 @@
- (6) Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring that the burdens to which different licence holders are subject as a result of holding a licence are broadly consistent.
- (7) Before determining the first set of the standard conditions Monitor must consult the persons mentioned in subsection [(8)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/8/enacted) on the conditions it is proposing to determine (“the draft standard conditions”).
- (7) Before determining the first set of the standard conditions Monitor must consult the persons mentioned in subsection (8) on the conditions it is proposing to determine (“the draft standard conditions”).
- (8) Those persons are—
@@ -3393,13 +3402,13 @@
- (10) The Secretary of State may direct Monitor not to determine that the standard conditions will be the draft standard conditions.
- (11) If, at the time Monitor discharges the function under subsection [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/7/enacted), the day specified by the Secretary of State for the purposes of section 14A of the National Health Service Act 2006 has passed or section 9 or 181 has come into force—
- (a) in the case of section 14A of the National Health Service Act 2006, the reference in subsection [(8)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/8/c/enacted) to every Primary Care Trust is to be read as a reference to every clinical commissioning group;
- (b) in the case of section 9, the reference in subsection [(8)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/8/b/enacted) to the NHS Commissioning Board Authority is to be read as a reference to the National Health Service Commissioning Board;
- (c) in the case of section 181, the reference in subsection [(8)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/94/8/d/enacted) to the Care Quality Commission is to be read as including a reference to its Healthwatch England committee.
- (11) If, at the time Monitor discharges the function under subsection (7), the day specified by the Secretary of State for the purposes of section 14A of the National Health Service Act 2006 has passed or section 9 or 181 has come into force—
- (a) in the case of section 14A of the National Health Service Act 2006, the reference in subsection (8)(c) to every Primary Care Trust is to be read as a reference to every clinical commissioning group;
- (b) in the case of section 9, the reference in subsection (8)(b) to the NHS Commissioning Board Authority is to be read as a reference to the National Health Service Commissioning Board;
- (c) in the case of section 181, the reference in subsection (8)(d) to the Care Quality Commission is to be read as including a reference to its Healthwatch England committee.
#### Special conditions
@@ -3423,15 +3432,15 @@
- (e) the Care Quality Commission and its Healthwatch England committee.
- (3) Monitor must also publish the notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/95/2/enacted).
- (4) The notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/95/2/enacted) must—
- (3) Monitor must also publish the notice under subsection (2).
- (4) The notice under subsection (2) must—
- (a) state that Monitor proposes to include the special condition or make the modifications and set out its or their proposed effect,
- (b) set out Monitor’s reasons for the proposal, and
- (c) specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.
- (b) set out Monitor's reasons for the proposal, and
- (c) specify the period (“*the notice period*”) within which representations with respect to the proposal may be made to Monitor.
- (5) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
@@ -3459,21 +3468,21 @@
- (d) for the purpose of ensuring the continued provision of health care services for the purposes of the NHS;
- (e) for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where Monitor considers that this would achieve one or more of the objectives referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/3/enacted);
- (f) for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where Monitor considers that this would achieve one or more of the objectives referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/3/enacted);
- (g) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS where Monitor considers that this would achieve one or more of the objectives referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/3/enacted);
- (e) for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
- (f) for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
- (g) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
- (h) for purposes connected with the governance of persons providing health care services for the purposes of the NHS;
- (i) for purposes connected with Monitor’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;
- (i) for purposes connected with Monitor's functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;
- (j) for purposes connected with the operation of the licensing regime established by this Chapter;
- (k) for such purposes as may be prescribed for the purpose of enabling Monitor to discharge its duties under section 62.
- (3) The objectives referred to in subsection [(2)(e)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/2/e/enacted), [(f)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/2/f/enacted) and [(g)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/2/g/enacted) are—
- (3) The objectives referred to in subsection (2)(e), (f) and (g) are—
- (a) improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,
@@ -3487,7 +3496,7 @@
- (b) some other aspect of its or their status.
- (5) In subsection [(2)(f)](https://www.legislation.gov.uk/ukpga/2012/7/section/96/2/f/enacted), “health-related services” and “social care services” each have the meaning given in section 62[(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/62/11/enacted).
- (5) In subsection (2)(f), “health-related services” and “social care services” each have the meaning given in section 62(11).
#### Conditions: supplementary
@@ -3501,7 +3510,7 @@
- (c) requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services,
- (d) requiring the licence holder to give notice to the Office of Fair Trading before entering into an arrangement under which, or a transaction in consequence of which, the licence holder’s activities, and the activities of one or more other businesses, cease to be distinct activities,
- (d) requiring the licence holder to give notice to the Office of Fair Trading before entering into an arrangement under which, or a transaction in consequence of which, the licence holder's activities, and the activities of one or more other businesses, cease to be distinct activities,
- (e) requiring the licence holder to provide Monitor with such information as Monitor considers necessary for the purposes of the exercise of its functions under this Part,
@@ -3515,7 +3524,7 @@
- (i) to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to ensure the continued provision of one or more of the health care services that the licence holder provides for the purposes of the NHS,
- (ii) to give Monitor notice (of such period as may be determined by or under the licence) of the licence holder’s intention to cease providing a health care service for the purposes of the NHS, and
- (ii) to give Monitor notice (of such period as may be determined by or under the licence) of the licence holder's intention to cease providing a health care service for the purposes of the NHS, and
- (iii) if Monitor so directs, to continue providing that service for a period determined by Monitor,
@@ -3523,19 +3532,19 @@
- (k) about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/97/1/enacted) “specified” means specified in a condition.
- (2) In subsection (1) “*specified*” means specified in a condition.
- (3) Monitor must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide another licence holder with access to facilities of A.
- (4) A condition under subsection [(1)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/97/1/d/enacted)—
- (4) A condition under subsection (1)(d)—
- (a) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and
- (b) ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence.
- (5) The references in subsection [(1)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/97/1/d/enacted) to the activities of a licence holder or other business include a reference to part of the activities concerned.
- (6) The references in subsections [(1)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/97/1/d/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/97/5/enacted) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business.
- (5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference to part of the activities concerned.
- (6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business.
- (7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect, at such times and in such circumstances as may be determined by or under the conditions.
@@ -3549,7 +3558,7 @@
- (b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
- (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s affairs, business and property.
- (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder's affairs, business and property.
- (2) A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
@@ -3589,7 +3598,7 @@
- (b) of its reasons for being satisfied as mentioned in subsection (1)(b).
- (4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).
- (4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor's reasons for being satisfied as mentioned in subsection (1)(b).
- (5) The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.
@@ -3611,25 +3620,25 @@
- (e) the Care Quality Commission and its Healthwatch England committee.
- (3) Monitor must also publish the notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/2/enacted).
- (4) The notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/2/enacted) must—
- (3) Monitor must also publish the notice under subsection (2).
- (4) The notice under subsection (2) must—
- (a) state that Monitor proposes to make the modifications,
- (b) set out the proposed effect of the modifications,
- (c) set out Monitor’s reasons for the proposal, and
- (d) specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.
- (5) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/3/enacted).
- (c) set out Monitor's reasons for the proposal, and
- (d) specify the period (“*the notice period*”) within which representations with respect to the proposal may be made to Monitor.
- (5) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
- (6) Monitor may not make any modifications under this section unless—
- (a) no relevant licence holder has made an objection to Monitor about the proposal within the notice period, or
- (b) subsection [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/7/enacted) applies to the case.
- (b) subsection (7) applies to the case.
- (7) This subsection applies where—
@@ -3639,13 +3648,13 @@
- (c) the share of supply percentage is less than the percentage prescribed for the purposes of this paragraph.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/7/enacted)—
- (8) In subsection (7)—
- (a) the “objection percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals;
- (b) the “share of supply percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.
- (9) Regulations prescribing a percentage for the purposes of subsection [(7)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/100/7/c/enacted) may include provision prescribing the method to be used for determining a licence holder’s share of the supply in England of the services concerned.
- (9) Regulations prescribing a percentage for the purposes of subsection (7)(c) may include provision prescribing the method to be used for determining a licence holder's share of the supply in England of the services concerned.
- (10) Where Monitor modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, Monitor—
@@ -3677,7 +3686,7 @@
- (a) whether any matters which relate to the provision, or proposed provision, of a health care service for the purposes of the NHS by the applicant or (as the case may be) licence holder concerned and which are specified in the reference, operate, or may be expected to operate, against the public interest, and
- (b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the inclusion of a special condition in the applicant’s licence or by modifications of a special condition of the licence holder’s licence.
- (b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the inclusion of a special condition in the applicant's licence or by modifications of a special condition of the licence holder's licence.
- (3) Subsection (4) applies where—
@@ -3691,7 +3700,7 @@
- (b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the standard conditions applicable to all licences under this Chapter, or to licences of a particular description.
- (5) Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/101/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/101/4/enacted); and, for that purpose, the relevant persons are—
- (5) Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection (2) or (4); and, for that purpose, the relevant persons are—
- (a) in paragraphs 3, 6(6) and 7(6)—
@@ -3743,7 +3752,7 @@
- (3) The modifications which may be made by a relevant order are those which the relevant authority considers necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
- (4) In this section “relevant order” means—
- (4) In this section “*relevant order*” means—
- (a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS;
@@ -3755,7 +3764,7 @@
- (ii) the provision of those services.
- (5) The modification under subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/102/2/a/enacted) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
- (5) The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
- (6) Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, the relevant authority—
@@ -3763,9 +3772,9 @@
- (b) must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
- (c) must publish any modifications it makes under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/102/6/b/enacted).
- (7) Expressions used in subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/102/4/enacted) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.
- (c) must publish any modifications it makes under paragraph (b).
- (7) Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.
- (8) In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
@@ -3779,7 +3788,7 @@
- (b) apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
- (2) “Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
- (2) “*Eligibility and selection criteria*”, in relation to a licence holder, means criteria for determining—
- (a) whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
@@ -3799,7 +3808,7 @@
##### 104
- (1) Monitor may require a person mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/104/2/enacted) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
- (1) Monitor may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
- (2) The persons are—
@@ -3815,9 +3824,9 @@
- (f) a clinical commissioning group.
- (3) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/104/1/enacted) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
- (4) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/104/1/enacted) Monitor’s regulatory functions are its functions under—
- (3) The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
- (4) For the purposes of subsection (1) Monitor's regulatory functions are its functions under—
- (a) this Chapter,
@@ -3839,7 +3848,7 @@
- (c) is in breach of a requirement imposed by Monitor under section 104.
- (2) In this Chapter, “discretionary requirement” means—
- (2) In this Chapter, “*discretionary requirement*” means—
- (a) a requirement to pay a monetary penalty to Monitor of such amount as Monitor may determine (referred to in this Chapter as a “variable monetary penalty”),
@@ -3865,7 +3874,7 @@
- (c) is in breach of a requirement imposed by Monitor under section 104.
- (2) In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/106/3/enacted) as may be specified in the undertaking within such period as may be so specified.
- (2) In this Chapter, “*enforcement undertaking*” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.
- (3) The specified action must be—
@@ -3885,13 +3894,13 @@
- (a) Monitor may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and
- (b) if the breach to which the undertaking relates falls within subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/106/1/b/enacted), Monitor may not revoke that person’s licence under section 89[(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/89/b/enacted).
- (b) if the breach to which the undertaking relates falls within subsection (1)(b), Monitor may not revoke that person's licence under section 89(b).
- (5) Where a person from whom Monitor has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, Monitor must take the partial compliance into account in deciding whether—
- (a) to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or
- (b) if the breach to which the undertaking relates falls within subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/106/1/b/enacted), to revoke the person’s licence under section 89(b).
- (b) if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person's licence under section 89(b).
#### Further provision about enforcement powers
@@ -3909,7 +3918,7 @@
- (3) Monitor must consult such persons as it considers appropriate before publishing or revising the guidance.
- (4) Guidance relating to Monitor’s functions under section 105 must include information about—
- (4) Guidance relating to Monitor's functions under section 105 must include information about—
- (a) the circumstances in which Monitor is likely to impose a discretionary requirement,
@@ -3935,9 +3944,9 @@
- (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
- (3) The reference in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/109/1/a/enacted) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
- (3) The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
#### Notification of enforcement action
@@ -3951,7 +3960,7 @@
- (c) any person exercising regulatory functions in relation to the person on whom the discretionary requirement was imposed or from whom the enforcement undertaking was accepted.
- (2) In subsection (1) “regulatory functions” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (see section 32 of that Act).
- (2) In subsection (1) “*regulatory functions*” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (see section 32 of that Act).
### Transitional provision
@@ -3979,9 +3988,9 @@
- (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/enacted), 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/enacted) 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/111/5/2012-06-01), 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/111/5/2012-06-01) 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.
@@ -4067,7 +4076,7 @@
##### 115
- (1) If a health care service is specified in the national tariff (as to which, see section 116), the price payable for the provision of that service for the purposes of the NHS is (subject to sections 124 and 125) such price as is determined in accordance with the national tariff on the basis of the price (referred to in this Chapter as “the national price”) specified in the national tariff for that service.
- (1) If a health care service is specified in the national tariff (as to which, see section 116), the price payable for the provision of that service for the purposes of the NHS is (subject to sections 124 and 125) such price as is determined in accordance with the national tariff on the basis of the price (referred to in this Chapter as “*the national price*”) specified in the national tariff for that service.
- (2) If a health care service is not specified in the national tariff, the price payable for the provision of that service for the purposes of the NHS is such price as is determined in accordance with the rules provided for in the national tariff for that purpose.
@@ -4075,7 +4084,7 @@
##### 116
- (1) Monitor must publish a document, to be known as “the national tariff”, which specifies—
- (1) Monitor must publish a document, to be known as “*the national tariff*”, which specifies—
- (a) certain health care services which are or may be provided for the purposes of the NHS,
@@ -4105,27 +4114,27 @@
- (c) provide for rules relating to the making of payments to the provider of a health care service for the provision of that service.
- (5) Rules provided for under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/b/enacted) may specify health care services which are not specified under subsection (1)(a).
- (6) The national tariff may also provide for rules for determining, where a health care service is specified in more than one way under subsection (1)(a) or in more than one way in rules provided for under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/b/enacted), which specification of the service is to apply in any particular case or cases of any particular description.
- (5) Rules provided for under subsection (4)(b) may specify health care services which are not specified under subsection (1)(a).
- (6) The national tariff may also provide for rules for determining, where a health care service is specified in more than one way under subsection (1)(a) or in more than one way in rules provided for under subsection (4)(b), which specification of the service is to apply in any particular case or cases of any particular description.
- (7) The national tariff may include guidance as to—
- (a) the application of the method specified under subsection (1)(d),
- (b) the application of rules provided for under subsection (2), [(4)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/b/enacted) or [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/6/enacted),
- (c) the discharge of the duty imposed by subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/3/enacted), or
- (d) the application of variations specified under subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/a/enacted),
- (b) the application of rules provided for under subsection (2), (4)(b) or (6),
- (c) the discharge of the duty imposed by subsection (3), or
- (d) the application of variations specified under subsection (4)(a),
and a commissioner of a health care service for the purposes of the NHS must have regard to guidance under this subsection.
- (8) Different methods may be specified under subsection (1)(b) for different descriptions of health care service.
- (9) The national tariff may, in the case of a specified health care service or health care services of a specified description, specify different national prices or different variations under subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/a/enacted) in relation to different descriptions of provider.
- (10) A description for the purposes of subsection [(9)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/9/enacted) may not be framed by reference to—
- (9) The national tariff may, in the case of a specified health care service or health care services of a specified description, specify different national prices or different variations under subsection (4)(a) in relation to different descriptions of provider.
- (10) A description for the purposes of subsection (9) may not be framed by reference to—
- (a) whether the provider is in the public or (as the case may be) private sector, or
@@ -4141,7 +4150,7 @@
##### 117
- (1) The ways in which a health care service may be specified in the national tariff under section 116[(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/1/a/enacted), or in rules provided for in the national tariff under section 116[(4)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/b/enacted), include in particular—
- (1) The ways in which a health care service may be specified in the national tariff under section 116(1)(a), or in rules provided for in the national tariff under section 116(4)(b), include in particular—
- (a) specifying it by reference to its components,
@@ -4149,7 +4158,7 @@
- (c) specifying it as a service in a group of standardised services.
- (2) In the case of a service specified in the national tariff under section 116[(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/1/a/enacted), the national tariff must—
- (2) In the case of a service specified in the national tariff under section 116(1)(a), the national tariff must—
- (a) if the service is specified in accordance with subsection (1)(a), specify a national price for each component of the service;
@@ -4157,7 +4166,7 @@
- (c) if it is specified in accordance with subsection (1)(c), specify a single price as the national price for each service in the group.
- (3) In the case of a service specified in rules provided for in the national tariff under section 116[(4)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/b/enacted), the rules may—
- (3) In the case of a service specified in rules provided for in the national tariff under section 116(4)(b), the rules may—
- (a) if the service is specified in accordance with subsection (1)(a), make provision for determining the price payable for each component of the service;
@@ -4167,7 +4176,7 @@
- (4) Where the commissioner of a health care service for the purposes of the NHS agrees to pay a price for the provision of the service other than the price that is payable by virtue of this Chapter, Monitor may direct the commissioner to take such steps within such period as Monitor may specify to secure that the position is, so far as practicable, restored to what it would have been if the commissioner had agreed to pay the price payable by virtue of this Chapter.
- (5) Where the commissioner of a health care service fails to comply with rules provided for under section 116[(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/2/enacted), [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/4/enacted) or [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/116/6/enacted), Monitor may direct the commissioner to take such steps within such period as Monitor may specify—
- (5) Where the commissioner of a health care service fails to comply with rules provided for under section 116(2), (4) or (6), Monitor may direct the commissioner to take such steps within such period as Monitor may specify—
- (a) to secure that the failure does not continue or recur;
@@ -4193,7 +4202,7 @@
- (b) the method or methods it proposes to use for determining the national prices of those services,
- (c) the prices, determined in each case by using the applicable method specified under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted), that Monitor proposes as the national prices of those services, and
- (c) the prices, determined in each case by using the applicable method specified under paragraph (b), that Monitor proposes as the national prices of those services, and
- (d) the method it proposes to use for deciding whether to approve an agreement under section 124 and for determining an application under section 125 (local modifications of national prices).
@@ -4207,55 +4216,55 @@
- (a) such variations (by reference to circumstances in which a service is provided or other factors relevant to its provision) as Monitor proposes to specify to the prices that it proposes as the national prices,
- (b) such rules as Monitor proposes to provide for in the national tariff for determining the price payable for the provision for the purposes of the NHS of health care services not specified for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/a/enacted), and
- (c) such rules as Monitor proposes to provide for in the national tariff for determining, where a health care service is specified in more than one way for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/a/enacted) or in more than one way in rules specified for the purposes of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/b/enacted), which specification of the service is to apply in any particular case or cases of any particular description.
- (b) such rules as Monitor proposes to provide for in the national tariff for determining the price payable for the provision for the purposes of the NHS of health care services not specified for the purposes of subsection (3)(a), and
- (c) such rules as Monitor proposes to provide for in the national tariff for determining, where a health care service is specified in more than one way for the purposes of subsection (3)(a) or in more than one way in rules specified for the purposes of paragraph (b), which specification of the service is to apply in any particular case or cases of any particular description.
- (6) The notice may include such guidance as Monitor proposes to provide for in the national tariff as to—
- (a) the application of the method specified for the purposes of subsection [(3)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/d/enacted);
- (b) the application of rules specified for the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/4/enacted) or [(5)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/c/enacted);
- (c) the application of variations specified for the purposes of subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/a/enacted).
- (7) The health care services specified for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/a/enacted) are only such services as the National Health Service Commissioning Board considers should be so specified and—
- (a) the application of the method specified for the purposes of subsection (3)(d);
- (b) the application of rules specified for the purposes of subsection (4) or (5)(b) or (c);
- (c) the application of variations specified for the purposes of subsection (5)(a).
- (7) The health care services specified for the purposes of subsection (3)(a) are only such services as the National Health Service Commissioning Board considers should be so specified and—
- (a) as the Board and Monitor agree will be so specified, or
- (b) in default of agreement, as are determined by arbitration as being services that will be so specified.
- (8) A method specified for the purposes of subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/d/enacted) is only such method, and such guidance on the application of the method specified for the purposes of subsection [(3)(d)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/d/enacted) as is included for the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/6/enacted) is only such guidance, as Monitor considers should be so specified and included and—
- (8) A method specified for the purposes of subsection (3)(b) or (d) is only such method, and such guidance on the application of the method specified for the purposes of subsection (3)(d) as is included for the purposes of subsection (6) is only such guidance, as Monitor considers should be so specified and included and—
- (a) as Monitor and the Board agree will be so specified and included, or
- (b) in default of agreement, as is determined by arbitration as being the method that will be so specified and the guidance that will be so included.
- (9) The prices specified for the purposes of subsection [(3)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/c/enacted) are only such prices as Monitor considers should be so specified and—
- (9) The prices specified for the purposes of subsection (3)(c) are only such prices as Monitor considers should be so specified and—
- (a) as Monitor and the Board agree will be so specified, or
- (b) in default of agreement, as are determined by arbitration as being the prices that will be so specified.
- (10) Such variations as are specified for the purposes of subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/a/enacted), and such guidance on the application of those variations as is included for the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/6/enacted), are only such variations and such guidance as Monitor considers should be so specified and included and—
- (10) Such variations as are specified for the purposes of subsection (5)(a), and such guidance on the application of those variations as is included for the purposes of subsection (6), are only such variations and such guidance as Monitor considers should be so specified and included and—
- (a) as Monitor and the Board agree will be so specified and included, or
- (b) in default of agreement, as are determined by arbitration as being the variations that will be so specified and the guidance that will be so included.
- (11) Such rules as are specified for the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/4/enacted) or [(5)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/c/enacted), and such guidance on those rules as is included for the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/6/enacted), are only such rules and such guidance as the National Health Service Commissioning Board considers should be so specified and included and—
- (11) Such rules as are specified for the purposes of subsection (4) or (5)(c), and such guidance on those rules as is included for the purposes of subsection (6), are only such rules and such guidance as the National Health Service Commissioning Board considers should be so specified and included and—
- (a) as the Board and Monitor agree will be so specified and included, or
- (b) in default of agreement, as are determined by arbitration as being the rules that will be so specified and the guidance that will be so included.
- (12) Such rules as are specified for the purposes of subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/5/b/enacted), and such guidance on those rules as is included for the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/6/enacted), are only such rules and such guidance as Monitor considers should be so specified and included and—
- (12) Such rules as are specified for the purposes of subsection (5)(b), and such guidance on those rules as is included for the purposes of subsection (6), are only such rules and such guidance as Monitor considers should be so specified and included and—
- (a) as Monitor and the Board agree will be so specified and included, or
- (b) in default of agreement, as are determined by arbitration as being the rules that will be so specified and the guidance that will be so included.
- (13) A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day after that on which the notice is published under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/2/enacted).
- (13) A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day after that on which the notice is published under subsection (2).
- (14) In this section, a “relevant provider” is—
@@ -4307,9 +4316,9 @@
- (5) The functions of the Competition Commission with respect to a reference under this section are not to be regarded as general functions of its for the purposes of Part 2 of Schedule 7 to the Competition Act 1998; instead, Schedule 12 to this Act (procedure on a reference under this section) has effect.
- (6) Regulations prescribing a percentage for the purposes of subsection (2)(c) may include provision prescribing the method used for determining a relevant provider’s share of the supply in England of the services concerned.
- (7) In this section and section 121 and Schedule 12, “relevant provider” has the meaning given in section 118[(14)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/14/enacted).
- (6) Regulations prescribing a percentage for the purposes of subsection (2)(c) may include provision prescribing the method used for determining a relevant provider's share of the supply in England of the services concerned.
- (7) In this section and section 121 and Schedule 12, “*relevant provider*” has the meaning given in section 118(14).
#### Determination on reference under section 120
@@ -4317,27 +4326,27 @@
- (1) In carrying out a determination on a reference under section 120, the Competition Commission must have regard, to the same extent as is required of Monitor, to the matters to which Monitor must have regard in carrying out the functions of its to which the determination relates.
- (2) In carrying out the determination, the Competition Commission must also have regard to such representations as are made to it by clinical commissioning groups or relevant providers who made objections to Monitor in accordance with paragraph [2](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/2/enacted) of Schedule 12 about the method proposed under section 118[(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted).
- (2) In carrying out the determination, the Competition Commission must also have regard to such representations as are made to it by clinical commissioning groups or relevant providers who made objections to Monitor in accordance with paragraph 2 of Schedule 12 about the method proposed under section 118(3)(b).
- (3) In carrying out the determination, the Competition Commission—
- (a) may also have regard to matters to which Monitor was not able to have regard in the case to which the determination relates, but
- (b) must not, in the exercise of the power under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/121/3/a/enacted), have regard to a matter to which Monitor would not have been entitled to have regard in that case had it had the opportunity to do so.
- (4) The Commission may determine that the method proposed under section 118[(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted) is not appropriate only if it is satisfied that Monitor’s decision to propose the method was wrong on one or more of the following grounds—
- (a) that Monitor failed to have regard to the matters referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/121/1/enacted),
- (b) must not, in the exercise of the power under paragraph (a), have regard to a matter to which Monitor would not have been entitled to have regard in that case had it had the opportunity to do so.
- (4) The Commission may determine that the method proposed under section 118(3)(b) is not appropriate only if it is satisfied that Monitor's decision to propose the method was wrong on one or more of the following grounds—
- (a) that Monitor failed to have regard to the matters referred to in subsection (1),
- (b) that the decision was based, wholly or partly, on an error of fact,
- (c) that the decision was wrong in law.
- (5) Where the Commission determines that the method proposed under section 118[(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted) is appropriate, Monitor may use that method for the purposes of the national tariff accordingly.
- (6) Where the Commission determines that the method proposed under section 118[(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/3/b/enacted) is not appropriate, it must remit the matter to Monitor for reconsideration and decision in accordance with such directions as the Commission may give.
- (7) A direction under subsection [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/121/6/enacted) may, in particular, require Monitor to make such changes to the method in question as are specified in the direction.
- (5) Where the Commission determines that the method proposed under section 118(3)(b) is appropriate, Monitor may use that method for the purposes of the national tariff accordingly.
- (6) Where the Commission determines that the method proposed under section 118(3)(b) is not appropriate, it must remit the matter to Monitor for reconsideration and decision in accordance with such directions as the Commission may give.
- (7) A direction under subsection (6) may, in particular, require Monitor to make such changes to the method in question as are specified in the direction.
- (8) A determination on a reference under section 120—
@@ -4353,13 +4362,13 @@
- (b) the National Health Service Commissioning Board, and
- (c) such clinical commissioning groups or relevant providers as made representations in accordance with paragraph [2](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/2/enacted) of Schedule 12.
- (c) such clinical commissioning groups or relevant providers as made representations in accordance with paragraph 2 of Schedule 12.
- (10) The Commission must also publish the determination; but it must exclude from what it publishes information which it is satisfied is—
- (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
#### Changes following determination on reference under section 120
@@ -4471,7 +4480,7 @@
- (a) receives an application under section 125, and
- (b) is satisfied that the continued provision for the purposes of the NHS of health care services to which a condition in the applicant’s licence under section 97(1)(i), (j) or (k) applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
- (b) is satisfied that the continued provision for the purposes of the NHS of health care services to which a condition in the applicant's licence under section 97(1)(i), (j) or (k) applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
- (2) In subsection (1), a reference to the provision of services is a reference to their provision by the applicant or any other provider.
@@ -4481,7 +4490,7 @@
- (b) of its reasons for being satisfied as mentioned in subsection (1)(b).
- (4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).
- (4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor's reasons for being satisfied as mentioned in subsection (1)(b).
- (5) The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.
@@ -4515,7 +4524,7 @@
- (5) A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
- (6) In this section, “relevant provider” has the meaning given in section 118[(14)](https://www.legislation.gov.uk/ukpga/2012/7/section/118/14/enacted).
- (6) In this section, “*relevant provider*” has the meaning given in section 118(14).
### CHAPTER 5 — Health special administration
@@ -4523,13 +4532,13 @@
##### 128
- (1) In this Chapter “health special administration order” means an order which—
- (1) In this Chapter “*health special administration order*” means an order which—
- (a) is made by the court in relation to a relevant provider, and
- (b) directs that the affairs, business and property of the provider are to be managed by one or more persons appointed by the court.
- (2) An application to the court for a health special administration order may be made only by Monitor.
- (2) An application to the court for a health special administration order may be made only by NHS England.
- (3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health special administrator”.
@@ -4537,11 +4546,11 @@
- (a) is an officer of the court, and
- (b) in exercising functions in relation to the company, is the company’s agent.
- (b) in exercising functions in relation to the company, is the company's agent.
- (5) A person is not to be the health special administrator of a company unless the person is qualified to act as an insolvency practitioner in relation to the company.
- (6) A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator’s functions, so as to—
- (6) A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator's functions, so as to—
- (a) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
@@ -4557,23 +4566,23 @@
- (a) a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualifications);
- (b) “regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act).
- (b) “*regulated activity*” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act).
- (9) In this Chapter—
- “business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that Act);
- “company” includes a company not registered under the Companies Act 2006;
- “court”, in relation to a company, means the court— having jurisdiction to wind up the company, or that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland);
- “member” is to be read in accordance with section 250 of the Insolvency Act 1986;
- “non-GB company” means a company incorporated outside Great Britain;
- “relevant provider” means a company which is providing services to which a condition included in the company’s licence under section 97(1)(i), (j) or (k) applies;
- “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
- “*company*” includes a company not registered under the Companies Act 2006;
- “*court*”, in relation to a company, means the court—having jurisdiction to wind up the company, orthat would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland);
- “*member*” is to be read in accordance with section 250 of the Insolvency Act 1986;
- “*non-GB company*” means a company incorporated outside Great Britain;
- “*relevant provider*” means a company which is providing services to which a condition included in the company's licence under section 97(1)(i), (j) or (k) applies;
- “*wholly-owned subsidiary*” has the meaning given by section 1159 of the Companies Act 2006.
#### Objective of a health special administration
@@ -4583,13 +4592,13 @@
- (a) the continued provision of such of the health care services provided for the purposes of the NHS by the company subject to the health special administration order, at such level, as the commissioners of those services determine by applying criteria specified in health special administration regulations (see section 130), and
- (b) that it becomes unnecessary, by one or both of the means set out in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/2/enacted), for the health special administration order to remain in force for that purpose.
- (b) that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special administration order to remain in force for that purpose.
- (2) Those means are—
- (a) the rescue as a going concern of the company subject to the health special administration order, and
- (b) one or more transfers falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/3/enacted).
- (b) one or more transfers falling within subsection (3).
- (3) A transfer falls within this subsection if it is a transfer as a going concern—
@@ -4599,11 +4608,11 @@
of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the health special administration.
- (4) The means by which a transfer falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/3/enacted) may be effected include in particular—
- (4) The means by which a transfer falling within subsection (3) may be effected include in particular—
- (a) a transfer of the undertaking of the company subject to the health special administration order, or of part of its undertaking, to a wholly-owned subsidiary of that company, and
- (b) a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/4/a/enacted).
- (b) a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).
- (5) The objective of a health special administration may be achieved by transfers to the extent only that—
@@ -4611,15 +4620,15 @@
- (b) the rescue of the company as a going concern will not achieve that objective or will not do so without such transfers,
- (c) such transfers would produce a result for the company’s creditors as a whole that is better than the result that would be produced without them, or
- (d) such transfers would, without prejudicing the interests of its creditors as a whole, produce a result for the company’s members as a whole that is better than the result that would be produced without them.
- (c) such transfers would produce a result for the company's creditors as a whole that is better than the result that would be produced without them, or
- (d) such transfers would, without prejudicing the interests of its creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without them.
#### Health special administration regulations
##### 130
- (1) Regulations (referred to in this Chapter as “health special administration regulations”) must make further provision about health special administration orders.
- (1) Regulations (referred to in this Chapter as “*health special administration regulations*”) must make further provision about health special administration orders.
- (2) Health special administration regulations may apply with or without modifications—
@@ -4641,21 +4650,21 @@
- (a) require Monitor to publish guidance for commissioners about the application of the criteria referred to in section 129(1)(a);
- (b) confer power on Monitor to revise guidance published by virtue of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/a/enacted) and require it to publish guidance so revised;
- (c) require Monitor, before publishing guidance by virtue of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/a/enacted) or (b), to obtain the approval of the Secretary of State and the National Health Service Commissioning Board;
- (d) require commissioners, when applying the criteria referred to in section 129[(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/1/a/enacted), to have regard to such matters as Monitor may specify in guidance published by virtue of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/b/enacted);
- (b) confer power on Monitor to revise guidance published by virtue of paragraph (a) and require it to publish guidance so revised;
- (c) require Monitor, before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the Secretary of State and the National Health Service Commissioning Board;
- (d) require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such matters as Monitor may specify in guidance published by virtue of paragraph (a) or (b);
- (e) require the National Health Service Commissioning Board to make arrangements for facilitating agreement between commissioners in their exercise of their function under section 129(1)(a);
- (f) confer power on the Board, where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph [(e)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/e/enacted), to exercise their function under section 129[(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/1/a/enacted);
- (g) provide that, in consequence of the exercise of the power conferred by virtue of paragraph [(f)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/6/f/enacted), the function under section 129[(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/129/1/a/enacted), so far as applying to the commissioners concerned, is to be regarded as discharged;
- (f) confer power on the Board, where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
- (g) provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged;
- (h) require a health special administrator to carry out in accordance with the regulations consultation on the action which the administrator recommends should be taken in relation to the provider concerned.
- (7) Health special administration regulations may modify this Chapter or any enactment mentioned in subsection [(8)](https://www.legislation.gov.uk/ukpga/2012/7/section/130/8/enacted) in relation to any provision made by virtue of this Chapter.
- (7) Health special administration regulations may modify this Chapter or any enactment mentioned in subsection (8) in relation to any provision made by virtue of this Chapter.
- (8) The enactments are—
@@ -4697,7 +4706,7 @@
- (a) for the transfer of rights and liabilities under or in connection with a contract of employment from a company subject to a health special administration order to another person,
- (b) for the transfer of property, or rights and liabilities other than those mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/131/3/a/enacted), from a company subject to a health special administration order to another person,
- (b) for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a company subject to a health special administration order to another person,
- (c) for the transfer of property, rights and liabilities which would not otherwise be capable of being transferred or assigned,
@@ -4755,27 +4764,27 @@
- (5) Monitor does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under this Chapter.
- (6) An order under section 306 providing for the commencement of this Chapter may require Monitor to comply with the duty to establish under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/134/1/enacted) before such date as the order specifies.
- (6) An order under section 306 providing for the commencement of this Chapter may require Monitor to comply with the duty to establish under subsection (1) before such date as the order specifies.
#### Power to establish fund
##### 135
- (1) Monitor may, for the purposes of section 134, establish and maintain a fund.
- (2) In order to raise money for investment in a fund it establishes under this section, Monitor may impose requirements on providers or commissioners.
- (3) Monitor must appoint at least two managers for a fund it establishes under this section.
- (1) NHS England may, for the purposes of section 134, establish and maintain a fund.
- (2) In order to raise money for investment in a fund it establishes under this section, NHS England may impose requirements on providers or integrated care boards.
- (3) NHS England must appoint at least two managers for a fund it establishes under this section.
- (4) A manager of a fund may be an individual, a firm or a body corporate.
- (5) Monitor must not appoint an individual as manager of a fund unless it is satisfied that the individual has the appropriate knowledge and experience for managing investments.
- (6) Monitor must not appoint a firm or body corporate as manager of a fund unless it is satisfied that arrangements are in place to secure that any individual who will exercise functions of the firm or body corporate as manager will, at the time of doing so, have the appropriate knowledge and experience for managing investments.
- (7) Monitor must not appoint an individual, firm or body corporate as manager of a fund unless the individual, firm or body is an authorised or exempt person within the meaning of the Financial Services and Markets Act 2000.
- (8) Monitor must secure the prudent management of any fund it establishes under this section.
- (5) NHS England must not appoint an individual as manager of a fund unless it is satisfied that the individual has the appropriate knowledge and experience for managing investments.
- (6) NHS England must not appoint a firm or body corporate as manager of a fund unless it is satisfied that arrangements are in place to secure that any individual who will exercise functions of the firm or body corporate as manager will, at the time of doing so, have the appropriate knowledge and experience for managing investments.
- (7) NHS England must not appoint an individual, firm or body corporate as manager of a fund unless the individual, firm or body is an authorised or exempt person within the meaning of the Financial Services and Markets Act 2000.
- (8) NHS England must secure the prudent management of any fund it establishes under this section.
### Applications for financial assistance
@@ -4783,11 +4792,11 @@
##### 136
- (1) Monitor may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
- (2) An application under this section must be in such form, and must be supported by such evidence or other information, as Monitor may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
- (3) If Monitor grants an application under this section, it must notify the applicant of—
- (1) NHS England may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
- (2) An application under this section must be in such form, and must be supported by such evidence or other information, as NHS England may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
- (3) If NHS England grants an application under this section, it must notify the applicant of—
- (a) the purpose for which the financial assistance is being provided, and
@@ -4801,21 +4810,21 @@
- (5) Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
- (6) If Monitor refuses an application under this section, it must notify the applicant of the reasons for the refusal.
- (7) Monitor must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
- (8) For the purposes of reconsidering an application, Monitor may request information from the applicant.
- (9) Monitor must notify the applicant of its decision on reconsidering the application; and—
- (a) if Monitor grants the application, it must notify the applicant of the matters specified in subsection (3), and
- (b) if Monitor refuses the application, it must notify the applicant of the reasons for the refusal.
- (6) If NHS England refuses an application under this section, it must notify the applicant of the reasons for the refusal.
- (7) NHS England must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
- (8) For the purposes of reconsidering an application, NHS England may request information from the applicant.
- (9) NHS England must notify the applicant of its decision on reconsidering the application; and—
- (a) if NHS England grants the application, it must notify the applicant of the matters specified in subsection (3), and
- (b) if NHS England refuses the application, it must notify the applicant of the reasons for the refusal.
- (10) In this Chapter—
- (a) “special administrator” means—
- (a) “*special administrator*” means—
- (i) a person appointed as a health special administrator under Chapter 5, or
@@ -4827,7 +4836,7 @@
##### 137
- (1) Monitor may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
- (1) NHS England may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
- (a) it is necessary for the provider—
@@ -4839,11 +4848,11 @@
- (2) The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.
- (3) Subject to that, where Monitor makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
- (4) Monitor may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
- (5) The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as Monitor may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.
- (3) Subject to that, where NHS England makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
- (4) NHS England may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
- (5) The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as NHS England may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.
### Charges on commissioners
@@ -4851,7 +4860,7 @@
##### 138
- (1) The Secretary of State may by regulations confer power on Monitor to require commissioners to pay charges relating to such of Monitor’s functions that relate to securing the continued provision of health care services for the purposes of the NHS.
- (1) The Secretary of State may by regulations confer power on Monitor to require commissioners to pay charges relating to such of Monitor's functions that relate to securing the continued provision of health care services for the purposes of the NHS.
- (2) The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount—
@@ -4865,13 +4874,13 @@
- (b) prescribe when the charge becomes payable;
- (c) where the amount of the charge is to be determined in accordance with subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/138/2/b/enacted), require Monitor to carry out consultation in accordance with the regulations before imposing the charge;
- (d) provide for any amount that is not paid by the time prescribed for the purposes of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/138/3/b/enacted) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
- (c) where the amount of the charge is to be determined in accordance with subsection (2)(b), require Monitor to carry out consultation in accordance with the regulations before imposing the charge;
- (d) provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
- (e) provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery).
- (4) Where the person that the regulations prescribe for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/138/3/a/enacted) is a provider, the regulations may confer power on Monitor to require the provider to pay Monitor the amount of the charge in question in accordance with the regulations.
- (4) Where the person that the regulations prescribe for the purposes of subsection (3)(a) is a provider, the regulations may confer power on Monitor to require the provider to pay Monitor the amount of the charge in question in accordance with the regulations.
- (5) Before making regulations under this section, the Secretary of State must consult—
@@ -4889,15 +4898,15 @@
- (1) The power under section 135(2) includes, in particular, power to impose a levy on providers for each financial year.
- (2) Before deciding whether to impose a levy under this section for the coming financial year, Monitor must estimate—
- (2) Before deciding whether to impose a levy under this section for the coming financial year, NHS England must estimate—
- (a) the amount that will be required for the purpose of providing financial assistance in accordance with this Chapter,
- (b) the amount that will be collected from commissioners by way of charges imposed by virtue of section 138 during that year, and
- (b) the amount that will be collected from integrated care boards by way of charges imposed by virtue of section 138 during that year, and
- (c) the amount that will be standing to the credit of the fund at the end of the current financial year.
- (3) Before the start of a financial year in which Monitor proposes to impose a levy under this section, it must determine—
- (3) Before the start of a financial year in which NHS England proposes to impose a levy under this section, it must determine—
- (a) the factors by reference to which the rate of the levy is to be assessed,
@@ -4905,7 +4914,7 @@
- (c) the time or times during the year when the levy, or an instalment of it, becomes payable.
- (4) Where the determinations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/139/3/enacted) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
- (4) Where the determinations under subsection (3) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
- (5) A levy under this section may be imposed at different rates for different providers.
@@ -4925,7 +4934,7 @@
##### 141
- (1) This section applies where Monitor is proposing to impose a levy under section 139 for the coming financial year and—
- (1) This section applies where NHS England is proposing to impose a levy under section 139 for the coming financial year and—
- (a) has not imposed a levy under that section for the current financial year or any previous year,
@@ -4933,59 +4942,59 @@
- (c) has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.
- (2) A change to a levy is relevant for the purposes of subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/1/b/enacted) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
- (3) Before making the determinations under section 139[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/139/3/enacted) in respect of the levy, Monitor must send a notice to—
- (2) A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
- (3) Before making the determinations under section 139(3) in respect of the levy, NHS England must send a notice to—
- (a) the Secretary of State,
- (b) the National Health Service Commissioning Board,
- (c) each clinical commissioning group,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) each integrated care board,
- (d) each potentially liable provider, and
- (e) such other persons as it considers appropriate.
- (4) Monitor must publish a notice that it sends under subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/3/enacted).
- (5) In a case within subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/1/a/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/1/c/enacted), the notice must state—
- (a) the factors by reference to which Monitor proposes to assess the rate of the levy,
- (4) NHS England must publish a notice that it sends under subsection (3).
- (5) In a case within subsection (1)(a) or (c), the notice must state—
- (a) the factors by reference to which NHS England proposes to assess the rate of the levy,
- (b) the time or times by reference to which it proposes to assess those factors, and
- (c) the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.
- (6) In a case within subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/1/b/enacted), the notice must specify the relevant changes Monitor proposes to make.
- (7) A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/141/4/enacted).
- (8) In this section and section 142 a “potentially liable provider” means a provider on whom Monitor is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).
- (6) In a case within subsection (1)(b), the notice must specify the relevant changes NHS England proposes to make.
- (7) A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).
- (8) In this section ... a “*potentially liable provider*” means a provider on whom NHS England is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).
#### Responses to consultation
##### 142
- (1) If Monitor receives objections from one or more potentially liable providers to its proposals, it may not give notice under section 143[(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/1/b/enacted) unless—
- (a) the conditions in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/2/enacted) are met, or
- (1) If Monitor receives objections from one or more potentially liable providers to its proposals, it may not give notice under section 143(1)(b) unless—
- (a) the conditions in subsection (2) are met, or
- (b) where those conditions are not met, Monitor has made a reference to the Competition Commission.
- (2) The conditions referred to in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/1/a/enacted) are that—
- (2) The conditions referred to in subsection (1)(a) are that—
- (a) one or more potentially liable providers object to the proposals within the consultation period, and
- (b) the objection percentage and the share of supply percentage are each less than the prescribed percentage.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/2/enacted)—
- (3) In subsection (2)—
- (a) the “objection percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, and
- (b) the “share of supply percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.
- (4) A reference under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/1/b/enacted) must be so framed as to require the Competition Commission to investigate and report on the questions—
- (4) A reference under subsection (1)(b) must be so framed as to require the Competition Commission to investigate and report on the questions—
- (a) whether in making the proposals, Monitor failed to give sufficient weight to the matters in section 66,
@@ -4993,7 +5002,7 @@
- (c) if so, whether the effects adverse to the public interest which that failure has or may be expected to have could be remedied or prevented by changes to the proposals.
- (5) Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/1/b/enacted); and for that purpose—
- (5) Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection (1)(b); and for that purpose—
- (a) paragraph 1 is to be ignored,
@@ -5007,27 +5016,27 @@
- (6) The relevant persons referred to in Schedule 10 are—
- (a) in paragraphs [3](https://www.legislation.gov.uk/ukpga/2012/7/schedule/10/paragraph/3/enacted), [5(6)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/10/paragraph/5/6/enacted) and [6(6)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/10/paragraph/6/6/enacted)—
- (a) in paragraphs 3, 5(6) and 6(6)—
- (i) the National Health Service Commissioning Board, and
- (ii) the potentially liable providers who objected to the proposals, and
- (b) in paragraph [8(10)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/10/paragraph/8/10/enacted)—
- (b) in paragraph 8(10)—
- (i) Monitor, and
- (ii) the potentially liable providers who objected to the proposals.
- (7) In investigating the question under subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/4/a/enacted), the Competition Commission must have regard to the matters in relation to which Monitor has duties under this Chapter.
- (8) Regulations prescribing a percentage for the purposes of subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/142/2/b/enacted) may include provision prescribing the method used for determining a provider’s share of the supply in England of the services concerned.
- (7) In investigating the question under subsection (4)(a), the Competition Commission must have regard to the matters in relation to which Monitor has duties under this Chapter.
- (8) Regulations prescribing a percentage for the purposes of subsection (2)(b) may include provision prescribing the method used for determining a provider's share of the supply in England of the services concerned.
#### Amount payable
##### 143
- (1) Monitor must—
- (1) NHS England must—
- (a) calculate the amount which each provider who is to be subject to a levy under section 139 for a financial year is to be liable to pay in respect of that year, and
@@ -5037,25 +5046,25 @@
- (3) The amount which a provider is liable to pay may be zero.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/5/enacted) applies if, during a financial year in which Monitor is imposing a levy under section 139, it becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed by reference to what it was—
- (4) Subsection (5) applies if, during a financial year in which NHS England is imposing a levy under section 139, it becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed by reference to what it was—
- (a) at the start of the year, or
- (b) if Monitor has already exercised the power under subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/5/enacted) in relation to the levy in the case of that provider, at the time it did so.
- (5) Monitor may notify the provider that Monitor proposes to adjust the amount that the provider is liable to pay so as to reflect the change; and the notice must specify the amount of the proposed adjustment.
- (6) Following the expiry of the period of 28 days beginning with the day after that on which Monitor sends the notice, it may make the adjustment.
- (7) In a case within subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/2/enacted), subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/4/enacted) has effect as if references to the financial year were references to the part of the financial year for which the provider is to be subject to the levy.
- (8) Where a provider who reasonably believes that Monitor has miscalculated the amount notified to the provider under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/1/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/5/enacted) requests Monitor to recalculate the amount, Monitor must—
- (b) if NHS England has already exercised the power under subsection (5) in relation to the levy in the case of that provider, at the time it did so.
- (5) NHS England may notify the provider that NHS England proposes to adjust the amount that the provider is liable to pay so as to reflect the change; and the notice must specify the amount of the proposed adjustment.
- (6) Following the expiry of the period of 28 days beginning with the day after that on which NHS England sends the notice, it may make the adjustment.
- (7) In a case within subsection (2), subsection (4) has effect as if references to the financial year were references to the part of the financial year for which the provider is to be subject to the levy.
- (8) Where a provider who reasonably believes that NHS England has miscalculated the amount notified to the provider under subsection (1) or (5) requests NHS England to recalculate the amount, NHS England must—
- (a) comply with the request, and
- (b) send the provider written notice of its recalculation.
- (9) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2012/7/section/143/8/enacted) does not apply to a request to recalculate an amount in respect of a financial year preceding the one in which the request is made.
- (9) Subsection (8) does not apply to a request to recalculate an amount in respect of a financial year preceding the one in which the request is made.
- (10) If the whole or part of the amount which a person is liable to pay is not paid by the date by which it is required to be paid, the unpaid balance carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; and the unpaid balance and accrued interest are recoverable summarily as a civil debt (but this does not affect any other method of recovery).
@@ -5103,7 +5112,7 @@
- (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
#### Borrowing
@@ -5121,7 +5130,7 @@
- (b) to increase the amount by which the aggregate amount so outstanding exceeds that limit.
- (3) In this section, “deposit-taker” means—
- (3) In this section, “*deposit-taker*” means—
- (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000, or
@@ -5181,11 +5190,11 @@
- (c) subject to section 149, by being sent to R by an electronic communication.
- (2) Where a notice is sent as mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/148/1/b/enacted), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
- (3) Where a notice is sent as mentioned in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/148/1/c/enacted) in accordance with section 149, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/148/3/enacted) “working day” means a day other than—
- (2) Where a notice is sent as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
- (3) Where a notice is sent as mentioned in subsection (1)(c) in accordance with section 149, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted.
- (4) In subsection (3) “*working day*” means a day other than—
- (a) a Saturday or a Sunday;
@@ -5199,7 +5208,7 @@
- (a) in the case of a person who holds a licence under Chapter 3 who has notified Monitor of an address for service, that address, and
- (b) in any other case, the address determined in accordance with subsection [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/148/7/enacted).
- (b) in any other case, the address determined in accordance with subsection (7).
- (7) That address is—
@@ -5211,29 +5220,29 @@
- (8) In this section and in section 149—
- “electronic communication” has the same meaning as in the Electronic Communications Act 2000;
- “notice” includes any other document.
- (9) This section is subject to paragraph [4(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/8/paragraph/4/3/enacted) of Schedule 8 (delivery of notice from Secretary of State of suspension of non-executive member of Monitor).
- “*electronic communication*” has the same meaning as in the Electronic Communications Act 2000;
- “*notice*” includes any other document.
- (9) This section is subject to paragraph 4(3) of Schedule 8 (delivery of notice from Secretary of State of suspension of non-executive member of Monitor).
#### Electronic communications
##### 149
- (1) If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/149/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/149/3/enacted) are met.
- (1) If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.
- (2) If the person required or authorised to give, send or serve the notice is Monitor or the Competition Commission—
- (a) the person to whom the notice is given or sent or on whom it is served must have indicated to Monitor or (as the case may be) the Commission the person’s willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
- (a) the person to whom the notice is given or sent or on whom it is served must have indicated to Monitor or (as the case may be) the Commission the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
- (b) the notice must be sent to or given or served at the address so provided.
- (3) If the person required or authorised to give, send or serve the notice is not Monitor or the Competition Commission, the notice must be given, sent or served in such manner as Monitor may require.
- (4) An indication given for the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/149/2/enacted) may be given generally for the purposes of notices required or authorised to be given, sent or served by Monitor or (as the case may be) the Competition Commission under this Part or may be limited to notices of a particular description.
- (5) Monitor must publish such requirements as it imposes under subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/149/3/enacted).
- (4) An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given, sent or served by Monitor or (as the case may be) the Competition Commission under this Part or may be limited to notices of a particular description.
- (5) Monitor must publish such requirements as it imposes under subsection (3).
#### Interpretation, transitional provision and consequential amendments
@@ -5241,23 +5250,23 @@
- (1) In this Part—
- “anti-competitive behaviour” has the meaning given in section 64 and references to preventing anti-competitive behaviour are to be read in accordance with subsection (2) of that section;
- “commissioner”, in relation to a health care service, means the person who arranges for the provision of the service (and “commission” is to be construed accordingly);
- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
- “financial year” means a period of 12 months ending with 31 March;
- “*anti-competitive behaviour*” has the meaning given in section 64 and references to preventing anti-competitive behaviour are to be read in accordance with subsection (2) of that section;
- “*commissioner*”, in relation to a health care service, means the person who arranges for the provision of the service (and “*commission*” is to be construed accordingly);
- “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- “*facilities*” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
- “*financial year*” means a period of 12 months ending with 31 March;
- “health care” and “health care service” each have the meaning given in section 64;
- “the NHS” has the meaning given in that section;
- “prescribed” means prescribed in regulations;
- “service” includes facility.
- “*the NHS*” has the meaning given in that section;
- “*prescribed*” means prescribed in regulations;
- “*service*” includes facility.
- (2) Until section 9 comes into force, the references in this Part to the National Health Service Commissioning Board (other than the reference in section 94(11)(b)) are to be read as references to the NHS Commissioning Board Authority.
@@ -5307,7 +5316,7 @@
- (6) After paragraph 10B of that Schedule insert—
> (10C) For the purpose of obtaining information about the corporation’s performance of its functions or the directors’ performance of their duties (and deciding whether to propose a vote on the corporation’s or directors’ performance), the council of governors may require one or more of the directors to attend a meeting.
> (10C) For the purpose of obtaining information about the corporation's performance of its functions or the directors' performance of their duties (and deciding whether to propose a vote on the corporation's or directors' performance), the council of governors may require one or more of the directors to attend a meeting.
- (7) In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary of State”.
@@ -5347,7 +5356,7 @@
> (a) the situation cannot reasonably be regarded as likely to give rise to a conflict of interest, or
> (b) the matter has been authorised in accordance with the constitution.
> (3) The duty referred to in sub-paragraph (1)(b) is not infringed if acceptance of the benefit cannot reasonably be regarded as likely to give rise to a conflict of interest.
> (4) In sub-paragraph (1)(b), “third party” means a person other than—
> (4) In sub-paragraph (1)(b), “*third party*” means a person other than—
> (a) the corporation, or
> (b) a person acting on its behalf.
@@ -5361,7 +5370,7 @@
> (5) A director need not declare an interest—
> (a) if it cannot reasonably be regarded as likely to give rise to a conflict of interest;
> (b) if, or to the extent that, the directors are already aware of it;
> (c) if, or to the extent that, it concerns terms of the director’s appointment that have been or are to be considered—
> (c) if, or to the extent that, it concerns terms of the director's appointment that have been or are to be considered—
> (i) by a meeting of the board of directors, or
> (ii) by a committee of the directors appointed for the purpose under the constitution.
@@ -5385,7 +5394,7 @@
- (2) After that subsection insert—
> (2) In deciding which areas are to be areas for public constituencies, or in deciding whether there is to be a patients’ constituency, an NHS foundation trust must have regard to the need for those eligible for such membership to be representative of those to whom the trust provides services.
> (2) In deciding which areas are to be areas for public constituencies, or in deciding whether there is to be a patients' constituency, an NHS foundation trust must have regard to the need for those eligible for such membership to be representative of those to whom the trust provides services.
#### Accounts: initial arrangements
@@ -5432,21 +5441,7 @@
##### 155
- (1) In paragraph 24 of Schedule 7 to the National Health Service Act 2006 (accounts: general), in sub-paragraph (1A), for “The regulator may with the approval of the Secretary of State” substitute “The Secretary of State may with the approval of the Treasury”.
- (2) In sub-paragraph (5) of that paragraph, for “the regulator” substitute “the Secretary of State”.
- (3) In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for “the regulator may with the approval of the Secretary of State” substitute “the Secretary of State may with the approval of the Treasury”.
- (4) In sub-paragraph (1A) of that paragraph, for “The regulator may with the approval of the Secretary of State” substitute “The Secretary of State may with the approval of the Treasury”.
- (5) In sub-paragraph (2) of that paragraph, for “the regulator with the approval of the Secretary of State” substitute “the Secretary of State with the approval of the Treasury”.
- (6) In sub-paragraphs (3), (4) and (4A) of that paragraph, for “the regulator”, in each place it appears, substitute “the Secretary of State”.
- (7) This section applies to such financial year as is specified in the order under section 306 that brings the preceding provisions of this section into force (and to the subsequent financial years); accordingly, this section does not affect the application of paragraphs 24 and 25 of Schedule 7 to the National Health Service Act 2006 (as amended by section 154) to the financial years preceding the specified financial year.
- (8) In subsection (7), “financial year” has the meaning given in section 275(1) of the National Health Service Act 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual report and forward plan
@@ -5454,7 +5449,7 @@
- (1) In sub-paragraph (2) of paragraph 26 of Schedule 7 to the National Health Service Act 2006 (information that must be included in annual report), after paragraph (aa) (inserted by section 151(8)) insert—
> (ab) information on the corporation’s policy on pay and on the work of the committee established under paragraph 18(2) and such other procedures as the corporation has on pay,
> (ab) information on the corporation's policy on pay and on the work of the committee established under paragraph 18(2) and such other procedures as the corporation has on pay,
> (ac) information on the remuneration of the directors and on the expenses of the governors and the directors,
.
@@ -5540,7 +5535,7 @@
- (4) After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert—
> (3A) The regulator must not give an authorisation unless it is notified by the Care Quality Commission that it is satisfied that the applicant is complying with (so far as applicable) the requirements mentioned in section 12(2) of the Health and Social Care Act 2008 in relation to the regulated activity or activities the applicant carries on.
> (3B) In subsection [(3A)](#p00732), “regulated activity” has the same meaning as in section 8 of the Health and Social Care Act 2008.
> (3B) In subsection (3A), “*regulated activity*” has the same meaning as in section 8 of the Health and Social Care Act 2008.
- (5) Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate).
@@ -5548,7 +5543,7 @@
- (7) Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register).
- (8) Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust’s premises).
- (8) Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises).
- (9) Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection).
@@ -5572,7 +5567,7 @@
- (6) Despite subsection (3), section 36(2) of that Act continues to have effect in the case of an existing public benefit corporation.
- (7) In subsections (4) to [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/160/6/enacted), “existing public benefit corporation” means a public benefit corporation—
- (7) In subsections (4) to (6), “*existing public benefit corporation*” means a public benefit corporation—
- (a) incorporated under section 34 of that Act and in existence immediately before the commencement of this section, or
@@ -5592,7 +5587,7 @@
> (2) Amendments made under this section take effect as soon as the conditions in subsection (1)(a) and (b) are satisfied.
> (3) But an amendment is of no effect in so far as the constitution would, as a result of the amendment, not accord with Schedule 7.
> (4) The trust must inform the regulator of amendments made under this section; but the regulator’s functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7.
> (4) The trust must inform the regulator of amendments made under this section; but the regulator's functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7.
- (3) Subsections (1) and (2) do not apply in the case of amendments in respect of which, immediately before the commencement of this section, Monitor has yet to decide whether or not to give approval under section 37 of the National Health Service Act 2006.
@@ -5614,7 +5609,7 @@
> (5) The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.
> (6) Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.
> (7) If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.
> (8) On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel’s report of its determination of the question into account.
> (8) On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel's report of its determination of the question into account.
> (9) The regulator—
> (a) must pay expenses properly incurred by the panel, and
> (b) must make administrative support available to the panel.
@@ -5719,7 +5714,7 @@
> (3B) Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include information about—
> (a) the activities other than the provision of goods and services for the purposes of the health service in England that the trust proposes to carry on, and
> (b) the income it expects to receive from doing so.
> (3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an NHS foundation trust carry on an activity of a kind mentioned in subsection [(3B)(a)](#p00739), the council of governors of the trust must—
> (3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an NHS foundation trust carry on an activity of a kind mentioned in subsection (3B)(a), the council of governors of the trust must—
> (a) determine whether it is satisfied that the carrying on of the activity will not to any significant extent interfere with the fulfilment by the trust of its principal purpose or the performance of its other functions, and
> (b) notify the directors of the trust of its determination.
> (3D) An NHS foundation trust which proposes to increase by 5% or more the proportion of its total income in any financial year attributable to activities other than the provision of goods and services for the purposes of the health service in England may implement the proposal only if more than half of the members of the council of governors of the trust voting approve its implementation.
@@ -5767,7 +5762,7 @@
> After section 51 of the National Health Service Act 2006 insert—
> (51A)
> (1) An NHS foundation trust may enter into a significant transaction only if more than half of the members of the council of governors of the trust voting approve entering into the transaction.
> (2) “Significant transaction” means a transaction or arrangement of such description as may be specified in the trust’s constitution.
> (2) “*Significant transaction*” means a transaction or arrangement of such description as may be specified in the trust's constitution.
> (3) If an NHS foundation trust does not wish to specify any descriptions of transaction or arrangement for the purposes of subsection (2), the constitution of the trust must specify that it contains no such descriptions.
### Mergers, acquisitions, separations and dissolution
@@ -5818,7 +5813,7 @@
> (a) be supported by the Secretary of State if B is an NHS trust, and
> (b) be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.
> (4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the acquisition have been taken.
> (5) On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person’s functions under the constitution.
> (5) On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution.
#### Separations
@@ -5962,7 +5957,7 @@
- (2) For the title to section 65B of that Act substitute “NHS trusts: appointment of trust special administrator”.
- (3) In section 65D of that Act (NHS foundation trusts: regulator’s notice), for subsections (1) to (3) substitute—
- (3) In section 65D of that Act (NHS foundation trusts: regulator's notice), for subsections (1) to (3) substitute—
> (1) This section applies if the regulator is satisfied that an NHS foundation trust is, or is likely to become, unable to pay its debts.
> (2) The regulator may make an order authorising the appointment of a trust special administrator to exercise the functions of the governors, chairman and directors of the trust.
@@ -5995,8 +5990,8 @@
> (a) appoint a person as the trust special administrator with effect from the day specified in the order, and
> (b) publish the name of the person appointed.
> (8) A person appointed as a trust special administrator under this section holds and vacates office in accordance with the terms of the appointment.
> (9) A person appointed as a trust special administrator under this section must manage the trust’s affairs, business and property, and exercise the trust special administrator’s functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable.
> (10) When the appointment of a trust special administrator under this section takes effect, the trust’s governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly.
> (9) A person appointed as a trust special administrator under this section must manage the trust's affairs, business and property, and exercise the trust special administrator's functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable.
> (10) When the appointment of a trust special administrator under this section takes effect, the trust's governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly.
> (11) But subsection (10) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.
> (12) The regulator may indemnify a trust special administrator appointed under this section in respect of such matters as the regulator may determine.
@@ -6029,8 +6024,8 @@
> (7) The Board must make arrangements for facilitating agreement between commissioners in determining the services provided by the trust under this Act to which the objective set out in subsection (1) is to apply.
> (8) Where commissioners fail to reach agreement in pursuance of arrangements under subsection (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged).
> (9) In this section—
> - “commissioners” means the persons to which the trust provides services under this Act, and
> - “health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the provision of services that are provided as part of the health service.
> - “*commissioners*” means the persons to which the trust provides services under this Act, and
> - “*health inequalities*” means the inequalities between persons with respect to the outcomes achieved for them by the provision of services that are provided as part of the health service.
- (2) If, at any time before section 9 comes into force, Monitor obtains the approval of the NHS Commissioning Board Authority to publish guidance under section 65DA(4)(c) or (5) of the National Health Service Act 2006, that approval is to be treated for the purposes of subsection (6)(b) of that section as approval obtained from the National Health Service Commissioning Board.
@@ -6038,7 +6033,7 @@
##### 176
- (1) In section 65F of the National Health Service Act 2006 (administrator’s draft report), in subsection (2)—
- (1) In section 65F of the National Health Service Act 2006 (administrator's draft report), in subsection (2)—
- (a) before paragraph (a) insert—
@@ -6058,7 +6053,7 @@
> (a) give a notice of the reasons for its decision to the administrator and to the regulator;
> (b) publish the notice;
> (c) lay a copy of it before Parliament.
> (7) In subsection (5), “commissioner” means a person to which the trust provides services under this Act.
> (7) In subsection (5), “*commissioner*” means a person to which the trust provides services under this Act.
- (3) At the end of section 65G of that Act (consultation plan) insert—
@@ -6069,7 +6064,7 @@
> (a) give a notice of the reasons for its decision to the administrator and to the regulator;
> (b) publish the notice;
> (c) lay a copy of it before Parliament.
> (6) In subsection (4), “commissioner” means a person to which the trust provides services under this Act.
> (6) In subsection (4), “*commissioner*” means a person to which the trust provides services under this Act.
- (4) In section 65H of that Act (consultation requirements), in subsection (7)—
@@ -6103,7 +6098,7 @@
> (b) in subsections (7)(c) and (d) and (10), the references to the Secretary of State are to be read as references to the regulator.
> (13) In the case of an NHS foundation trust, the Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.
- (8) At the end of section 65I of that Act (administrator’s final report) insert—
- (8) At the end of section 65I of that Act (administrator's final report) insert—
> (4) For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
@@ -6115,7 +6110,7 @@
##### 177
- (1) In section 65K of the National Health Service Act 2006 (Secretary of State’s decision on what action to take), in subsection (1), after “a final report under section 65I” insert “relating to an NHS trust”; and in consequence of that, for the title to that section substitute “Secretary of State’s decision in case of NHS trust”.
- (1) In section 65K of the National Health Service Act 2006 (Secretary of State's decision on what action to take), in subsection (1), after “a final report under section 65I” insert “relating to an NHS trust”; and in consequence of that, for the title to that section substitute “Secretary of State's decision in case of NHS trust”.
- (2) After that section insert—
@@ -6123,10 +6118,10 @@
> (1) Within the period of 20 working days beginning with the day on which the regulator receives a final report under section 65I relating to an NHS foundation trust, the regulator must decide whether it is satisfied—
> (a) that the action recommended in the final report would achieve the objective set out in section 65DA, and
> (b) that the trust special administrator has carried out the administration duties.
> (2) In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—
> (2) In subsection (1)(b), “*administration duties*” means the duties imposed on the administrator by—
> (a) this Chapter,
> (b) a direction under this Chapter, or
> (c) the administrator’s terms of appointment.
> (c) the administrator's terms of appointment.
> (3) If the regulator is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—
> (a) the final report, and
> (b) the report provided to the regulator by the Care Quality Commission under section 65D(3).
@@ -6229,8 +6224,8 @@
- (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
> (2A) It must include guidance about the publication of—
> (a) notices under section [65KC](#p00756)[(4)(a)](#p00758);
> (b) statements under section [65KC](#p00756)[(4)(b)](#p00759).
> (a) notices under section 65KC(4)(a);
> (b) statements under section 65KC(4)(b).
- (3) At the end of that section insert—
@@ -6246,7 +6241,7 @@
> (i) a copy of any information published under section 65D,
> (j) a copy of any draft report published under section 65F,
> (k) a copy of any statement provided under section 65F,
> (l) a copy of any notice published under section 65F, 65G, 65H, 65J, [65KA](#p00754), [65KB](#p00755), [65KC](#p00756) or [65KD](#p00760),
> (l) a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,
> (m) a copy of any statement published or provided under section 65G,
> (n) a copy of any final report published under section 65I,
> (o) a copy of any statement published under section 65J or 65KC,
@@ -6258,7 +6253,7 @@
- (b) omit “65E(1),”,
- (c) after “65J(2),” insert “[65KC](#p00756)[(3)](#p00757),”, and
- (c) after “65J(2),” insert “65KC(3),”, and
- (d) for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.
@@ -6283,15 +6278,15 @@
- (10) In paragraph 22(1) of Schedule 7 to that Act (documents which must be made available to the public free of charge), at the end insert
> ,
> (g) a copy of any order made under section 65D, 65J, [65KC](#p00756), 65L or 65LA,
> (g) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
> (h) a copy of any report laid under section 65D,
> (i) a copy of any information published under section 65D,
> (j) a copy of any draft report published under section 65F,
> (k) a copy of any statement provided under section 65F,
> (l) a copy of any notice published under section 65F, 65G, 65H, 65J, [65KA](#p00754), [65KB](#p00755), [65KC](#p00756) or [65KD](#p00760),
> (l) a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,
> (m) a copy of any statement published or provided under section 65G,
> (n) a copy of any final report published under section 65I,
> (o) a copy of any statement published under section 65J or [65KC](#p00756),
> (o) a copy of any statement published under section 65J or 65KC,
> (p) a copy of any information published under section 65M.
- (11) In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit the words from “(including” to the end.
@@ -6302,49 +6297,13 @@
##### 179
- (1) The NHS trusts established under section 25 of the National Health Service Act 2006 are abolished.
- (2) Chapter 3 of Part 2 of that Act (NHS trusts) is repealed.
- (3) Where arrangements (“franchise arrangements”) under which a person exercises (or is to exercise) the main functions of an NHS trust on behalf of the trust are in force immediately before the commencement of this section, the trust is to continue after that commencement to be constituted as an NHS trust until—
- (a) it is dissolved or becomes, merges with or is acquired by an NHS foundation trust,
- (b) where none of those events occurs before the end of the period of three years beginning with the day on which the franchise arrangements come to an end, the end of that period, or
- (c) where other franchise arrangements come into force before the end of that period, the end of the period of three years beginning with the day on which those other franchise arrangements or any subsequent franchise arrangements come to an end.
- (4) In subsection (3)(c), the reference to subsequent franchise arrangements is a reference to franchise arrangements which come into force before the end of the period of three years beginning with the day on which the preceding franchise arrangements come to an end.
- (5) For the purposes of subsection (3)—
- (a) Chapter 3 of Part 2 of the National Health Service Act 2006 is, despite subsection (2), to continue to have effect,
- (b) the amendments made by Schedule 14 are not to have effect (and subsection (6) is to be read accordingly), and
- (c) the amendments made by paragraph 9 of Schedule 21 are not to have effect (and section 297 is to be read accordingly).
- (6) Schedule 14 (which contains consequential amendments) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeal of provisions on authorisation for NHS foundation trusts
##### 180
- (1) Omit section 33 of the National Health Service Act 2006 (application by NHS trust for authorisation).
- (2) Omit section 35 of that Act (authorisation of NHS foundation trust).
- (3) Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS foundation trust on being given authorisation but retain liabilities); in consequence of that, omit section 88 of this Act (licences to provide health care services: NHS foundation trusts).
- (4) For the title to section 36 of that Act substitute “Status etc. of NHS foundation trusts”.
- (5) For the cross-heading preceding section 33 of that Act substitute “Status etc. of NHS foundation trusts”.
- (6) Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading (initial directors of former NHS trust).
- (7) Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3) and (4) of, and paragraph 19 of Schedule 7 to, that Act, and section 88(1) and (2) of this Act, continue to have effect in the case of an NHS trust continuing in existence by virtue of section 179[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/179/3/enacted).
- (8) The repeal by subsection (3) of section 36(4) of that Act does not affect the continuity of anything continuing by virtue of that provision immediately before the commencement of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 5 — Public involvement and local government
@@ -6377,42 +6336,42 @@
- (4) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—
> (45A)
> (1) The Commission has the functions set out in subsections (2) to [(5)](#p00769), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.
> (1) The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.
> (2) The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to—
> (a) the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);
> (b) the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);
> (c) the carrying-on of activities specified in section 221(2) of that Act.
> (3) The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.
> (4) The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority’s area, to give the authority concerned written notice of its opinion.
> (5) The function in this subsection is to provide the persons mentioned in subsection [(6)](#p00772) with information and advice on—
> (4) The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion.
> (5) The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on—
> (a) the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and
> (b) the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.
> (6) The persons referred to in subsection [(5)](#p00769) are—
> (6) The persons referred to in subsection (5) are—
> (a) the Secretary of State;
> (b) the National Health Service Commissioning Board;
> (c) Monitor;
> (d) English local authorities.
> (7) A person provided with advice under subsection [(5)](#p00769) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.
> (8) The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection [(5)(a)](#p00770) and [(b)](#p00771); and the Commission must inform the committee in writing of its response or proposed response to the advice.
> (7) A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.
> (8) The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice.
> (9) The Commission must publish details of arrangements it makes under subsection (1) (including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection.
> (10) In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct.
> (45B)
> (1) In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.
> (2) In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.
> (3) In this section, “conflicts guidance” means guidance about managing conflicts between—
> (3) In this section, “*conflicts guidance*” means guidance about managing conflicts between—
> (a) the exercise of functions by the Commission, and
> (b) the exercise of functions by the Healthwatch England committee on the Commission’s behalf.
> (b) the exercise of functions by the Healthwatch England committee on the Commission's behalf.
> (45C)
> (1) As soon as possible after the end of each financial year, the Healthwatch England committee—
> (a) must make a report to the Commission (whether or not in writing) on the matters mentioned in section [45A](#p00766)[(5)(a)](#p00770) and [(b)](#p00771), and
> (a) must make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), and
> (b) must publish a report on the way in which it has exercised during the year the functions exercisable by it.
> (2) The committee must—
> (a) lay before Parliament a copy of each report made under subsection (1)(b), and
> (b) send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.
> (3) The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate.
> (4) Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.
> (5) Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee’s opinion, would or might seriously and prejudicially affect that individual’s interests.
> (6) In this section, “financial year” means—
> (5) Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests.
> (6) In this section, “*financial year*” means—
> (a) the period beginning with the date on which the committee is appointed and ending with the following 31 March, and
> (b) each successive period of 12 months ending with 31 March.
@@ -6443,11 +6402,11 @@
- (11) In section 83 (reports for each financial year etc), after subsection (1) insert—
> (1A) The reference in subsection (1)(a) to the Commission’s functions does not include a reference to its functions under section 45A.
> (1A) The reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A.
- (12) After subsection (2) of that section insert—
> (2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section [45C](#p00773)[(1)(a)](#p00774) in respect of the year concerned.
> (2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned.
- (13) In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the Healthwatch England committee”—
@@ -6495,7 +6454,11 @@
- (8) In subsection (6), after the definition of “local care services” insert—
> - “local people”, in relation to a local authority, means— people who live in the local authority’s area, people to whom care services are being or may be provided in that area, people from that area to whom care services are being provided in any place, and who are (taken together) representative of the people mentioned in paragraphs (a) to (c);
> “*local people*”, in relation to a local authority, means—
> (a) people who live in the local authority's area,
> (b) people to whom care services are being or may be provided in that area,
> (c) people from that area to whom care services are being provided in any place, and
> who are (taken together) representative of the people mentioned in paragraphs (a) to (c);
.
@@ -6509,9 +6472,9 @@
> (1) The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.
> (2) A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying-on of activities under Local Healthwatch arrangements.
> (3) In this section—
> - “Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,
> - “Local Healthwatch contractor” has the meaning given by section 223 of that Act, and
> - “registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.
> - “*Local Healthwatch arrangements*” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,
> - “*Local Healthwatch contractor*” has the meaning given by section 223 of that Act, and
> - “*registered trade mark*” and “*use*” have the same meaning as in the Trade Marks Act 1994.
#### Local authority arrangements
@@ -6525,11 +6488,11 @@
> (a) is a social enterprise, and
> (b) satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
> (2A) For so long as the arrangements are in force, the body with which they are made—
> (a) has the function of carrying on in A’s area the activities specified in section 221(2), and
> (b) is to be known as the “Local Healthwatch organisation” for A’s area.
> (a) has the function of carrying on in A's area the activities specified in section 221(2), and
> (b) is to be known as the “Local Healthwatch organisation” for A's area.
> (2B) But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—
> (a) to assist the organisation in carrying on in A’s area some or all of the activities, or
> (b) (subject to provision made under section 223(2)(e)) to carry on in A’s area some (but not all) of the activities on the organisation’s behalf.
> (a) to assist the organisation in carrying on in A's area some or all of the activities, or
> (b) (subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf.
- (3) In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable of being a Local Healthwatch organisation”.
@@ -6554,7 +6517,7 @@
> (a) a person might reasonably consider that it acts for the benefit of the community in England, and
> (b) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
> (9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.
> (10) In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.
> (10) In subsections (8) and (9), “*community*” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.
- (8) For the title to section 222 substitute “Local Healthwatch organisations”.
@@ -6563,10 +6526,10 @@
> (222A)
> (1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.
> (2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.
> (3) In this section, “conflicts guidance” means guidance about managing conflicts between—
> (3) In this section, “*conflicts guidance*” means guidance about managing conflicts between—
> (a) the making of arrangements under section 221(1), and
> (b) the carrying-on of the activities specified in section 221(2).
> (4) In this section, “Local Healthwatch arrangements” has the meaning given by section 222.
> (4) In this section, “*Local Healthwatch arrangements*” has the meaning given by section 222.
#### Local arrangements: power to make further provision
@@ -6589,12 +6552,12 @@
- (c) after paragraph (d) insert
> ;
> (e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation’s behalf;
> (e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;
> (f) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;
> (g) prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;
> (h) prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;
> (i) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—
> (i) people who live in the local authority’s area,
> (i) people who live in the local authority's area,
> (ii) people to whom care services are being or may be provided in that area, and
> (iii) people from that area to whom care services are being provided in any place.
@@ -6602,14 +6565,14 @@
> (2A) The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—
> (a) only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2);
> (b) only in so far as it carries on such activities on the organisation’s behalf.
> (b) only in so far as it carries on such activities on the organisation's behalf.
> (2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.
- (6) In subsection (3)—
- (a) before the definition of “a local involvement network” insert—
> - “care services” has the meaning given by section 221;
> “*care services*” has the meaning given by section 221;
,
@@ -6617,20 +6580,20 @@
- (c) for the definition of “local involvement network arrangements” substitute—
> - “Local Healthwatch arrangements” has the meaning given by section 222;
> “*Local Healthwatch arrangements*” has the meaning given by section 222;
,
- (d) after that definition insert—
> - “Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;
> - “*Local Healthwatch contractor*”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;
, and
- (e) after the definition of “prescribed provision” insert
> ;
> - trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.
> trade mark”, and “use” and “*infringement*” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.
#### Independent advocacy services
@@ -6640,7 +6603,7 @@
> (223A)
> (1) Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.
> (2) In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—
> (2) In this section, “*independent advocacy services*” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—
> (a) a complaint under a procedure operated by a health service body or independent provider;
> (b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;
> (c) a complaint to the Health Service Commissioner for England;
@@ -6663,16 +6626,26 @@
> (8) The Secretary of State may give directions to a local authority about the exercise of its functions under this section.
> (9) A direction under subsection (8) may be varied or revoked.
> (10) In this section—
> - “the health service” has the same meaning as in the National Health Service Act 2006;
> - “health service body” means— in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England; in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
> - “independent provider” means— in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England; in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
> - “Welsh health body” means— a Local Health Board, an NHS trust managing a hospital or other establishment or facility in Wales, a Special Health Authority not discharging functions only or mainly in England, an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005), a family health service provider in Wales (within the meaning of that Act), or a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.
> - “*the health service*” has the same meaning as in the National Health Service Act 2006;
> - “*health service body*” means—
> 1. in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
> 2. in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
> - “*independent provider*” means—
> 1. in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
> 2. in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
> - “*Welsh health body*” means—
> 1. a Local Health Board,
> 2. an NHS trust managing a hospital or other establishment or facility in Wales,
> 3. a Special Health Authority not discharging functions only or mainly in England,
> 4. an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
> 5. a family health service provider in Wales (within the meaning of that Act), or
> 6. a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.
- (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements).
- (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
- (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act [2006 (c. 41)](https://www.legislation.gov.uk/ukpga/2006/41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
- (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
#### Requests, rights of entry and referrals
@@ -6692,8 +6665,8 @@
- (4) After subsection (4) insert—
> (5) In this section—
> - “Local Healthwatch arrangements” has the meaning given by section 222;
> - “Local Healthwatch contractor” has the meaning given by section 223.
> - “*Local Healthwatch arrangements*” has the meaning given by section 222;
> - “*Local Healthwatch contractor*” has the meaning given by section 223.
- (5) In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or contractors”.
@@ -6706,8 +6679,8 @@
- (9) After subsection (5) insert—
> (5A) In this section—
> - “Local Healthwatch arrangements” has the meaning given by section 222;
> - “Local Healthwatch contractor” has the meaning given by section 223.
> - “*Local Healthwatch arrangements*” has the meaning given by section 222;
> - “*Local Healthwatch contractor*” has the meaning given by section 223.
- (10) Omit subsection (6).
@@ -6724,8 +6697,8 @@
- (15) In subsection (8), before the definition of “overview and scrutiny committee” insert—
> - “Local Healthwatch arrangements” has the meaning given by section 222;
> - “Local Healthwatch contractor” has the meaning given by section 223;
> “*Local Healthwatch arrangements*” has the meaning given by section 222;
> “*Local Healthwatch contractor*” has the meaning given by section 223;
.
@@ -6800,7 +6773,7 @@
- (8) In subsection (9), after the definition of “financial year” insert—
> - “Local Healthwatch contractor” has the meaning given by section 223;
> “*Local Healthwatch contractor*” has the meaning given by section 223;
.
@@ -6812,9 +6785,9 @@
- (1) This section applies where arrangements made under section 221 of the Local Government and Public Involvement in Health Act 2007 before the commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that commencement.
- (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority’s area.
- (3) A scheme under this section may make provision for rights and liabilities relating to an individual’s contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 ([S.I. 2006/246](https://www.legislation.gov.uk/uksi/2006/246)).
- (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority's area.
- (3) A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
- (4) A scheme under this section may provide for the transfer of property, rights or liabilities—
@@ -6852,13 +6825,9 @@
.
- (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—
> - Director of a Local Healthwatch organisation.
- (3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—
> - Director of a Local Healthwatch organisation.
- (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
- (3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
- (4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert—
@@ -6882,7 +6851,7 @@
- (b) for subsection (3) substitute—
> (3) In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.
> (3) In subsection (1)(c), “*Local Healthwatch contractor*” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.
### CHAPTER 2 — Local government
@@ -6929,8 +6898,13 @@
- (4) For subsection (3) substitute—
> (3) For the purposes of subsections (2) and (2ZA)—
> - “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;
> - “relevant health service provider”, in relation to an authority to which this section applies, means a body or person which— provides services in pursuance of arrangements made— by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and is prescribed, or is of a description prescribed, for those purposes in relation to the authority.
> - “*relevant NHS body*”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;
> - “*relevant health service provider*”, in relation to an authority to which this section applies, means a body or person which—
> 1. provides services in pursuance of arrangements made—
> 1. by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
> 2. by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
> 3. by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and
> 2. is prescribed, or is of a description prescribed, for those purposes in relation to the authority.
- (5) After subsection (3) insert—
@@ -6980,9 +6954,9 @@
##### 191
- (1) Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/2/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/4/enacted).
- (2) In subsection (1) for the words from “relevant functions” to the end of the subsection substitute ““relevant functions” means functions under regulations under section 244(2) to (2ZC).”
- (1) Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4).
- (2) In subsection (1) for the words from “relevant functions” to the end of the subsection substitute “ “*relevant functions*” means functions under regulations under section 244(2) to (2ZC).”
- (3) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.
@@ -6992,7 +6966,7 @@
- (5) Omit subsections (5) and (9).
- (6) Section 246 of that Act (exempt information) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/7/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/9/enacted).
- (6) Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).
- (7) In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).”
@@ -7000,7 +6974,7 @@
- (9) In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating to functions of local authorities by virtue of section 244”.
- (10) Section 247 of that Act (application to the City of London) is amended in accordance with subsections [(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/11/enacted) to [(13)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/13/enacted).
- (10) Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13).
- (11) For subsection (1) substitute—
@@ -7020,7 +6994,7 @@
- (14) Omit section 247A (application to local authorities without overview and scrutiny committees).
- (15) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/2/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/7/enacted), [(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/11/enacted), [(13)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/13/a/enacted) and [(14)](https://www.legislation.gov.uk/ukpga/2012/7/section/191/14/enacted), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.
- (15) In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.
### Joint strategic needs assessments and strategies
@@ -7071,7 +7045,7 @@
- (a) for the definition of “partner PCT” substitute—
> - “partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;
> “*partner clinical commissioning group*”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;
, and
@@ -7100,8 +7074,8 @@
> (6) The responsible local authority must publish each strategy prepared by it under this section.
> (7) The responsible local authority and each of its partner clinical commissioning groups may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.
> (8) In this section and section 116B—
> (a) “partner clinical commissioning group”, in relation to a responsible local authority, has the same meaning as in section 116, and
> (b) “health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.
> (a) “*partner clinical commissioning group*”, in relation to a responsible local authority, has the same meaning as in section 116, and
> (b) “*health services*”, “*health-related services*” and “*social care services*” have the same meaning as in section 195 of the Health and Social Care Act 2012.
> (116B)
> (1) A responsible local authority and each of its partner clinical commissioning groups must, in exercising any functions, have regard to—
> (a) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and
@@ -7124,7 +7098,7 @@
- (b) the director of adult social services for the local authority,
- (c) the director of children’s services for the local authority,
- (c) the director of children's services for the local authority,
- (d) the director of public health for the local authority,
@@ -7164,13 +7138,13 @@
- (13) In this section—
- (a) “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- (b) “elected mayor”, “executive arrangements” and “executive leader”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000;
- (c) “relevant clinical commissioning group”, in relation to a local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the local authority.
- (14) In this section and in sections 195 to 199, “local authority” means—
- (a) “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- (b) “elected mayor”, “executive arrangements” and “*executive leader*”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000;
- (c) “*relevant clinical commissioning group*”, in relation to a local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the local authority.
- (14) In this section and in sections 195 to 199, “*local authority*” means—
- (a) a county council in England;
@@ -7200,19 +7174,19 @@
- (6) In this section—
- “the health service” has the same meaning as in the National Health Service Act 2006;
- “health services” means services that are provided as part of the health service in England;
- “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
- “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
- “*the health service*” has the same meaning as in the National Health Service Act 2006;
- “*health services*” means services that are provided as part of the health service in England;
- “*health-related services*” means services that may have an effect on the health of individuals but are not health services or social care services;
- “*social care services*” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
#### Other functions of Health and Wellbeing Boards
##### 196
- (1) The functions of a local authority and its partner clinical commissioning groups under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board established by the local authority.
- (1) The functions of a local authority and its partner clinical commissioning groups under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“*the 2007 Act*”) are to be exercised by the Health and Wellbeing Board established by the local authority.
- (2) A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that are exercisable by the authority.
@@ -7242,9 +7216,9 @@
- (6) In this section—
- “commissioning functions”, in relation to the National Health Service Commissioning Board, means the functions of the Board in arranging for the provision of services as part of the health service in England;
- “the health service” has the same meaning as in the National Health Service Act 2006.
- “*commissioning functions*”, in relation to the National Health Service Commissioning Board, means the functions of the Board in arranging for the provision of services as part of the health service in England;
- “*the health service*” has the same meaning as in the National Health Service Act 2006.
#### Discharge of functions of Health and Wellbeing Boards
@@ -7299,7 +7273,7 @@
- (e) after paragraph (b), insert
> , and
> (c) the requirements in subsection [(1A)](#p00813) are satisfied,
> (c) the requirements in subsection (1A) are satisfied,
, and
@@ -7324,7 +7298,7 @@
- (c) for “so specified” substitute “so agreed”, and
- (d) at the end insert “; and “agreed” means agreed by the body and the local authority”.
- (d) at the end insert “; and “*agreed*” means agreed by the body and the local authority”.
- (5) For subsection (5) of that section substitute—
@@ -7332,11 +7306,11 @@
> (5A) Before revoking a designation as a Care Trust under this section, the body and the local authority must consult on the proposed revocation of the designation in accordance with regulations.
> (5B) Where the designation of a body as a Care Trust under this section has been revoked, the body and the local authority must notify prescribed persons of the revocation.
- (6) After subsection [(5B)](#p00818) of that section insert—
> (5C) Regulations under subsection [(1A)(b)](#p00814) or [(5A)](#p00817) may include provision requiring a body and a local authority to publish prescribed information following a consultation.
- (7) After subsection [(5C)](#p00819) of that section insert—
- (6) After subsection (5B) of that section insert—
> (5C) Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local authority to publish prescribed information following a consultation.
- (7) After subsection (5C) of that section insert—
> (5D) Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make arrangements for the function to be discharged—
> (a) by both of them acting jointly,
@@ -7418,8 +7392,8 @@
- (6) After subsection (3) insert—
> (3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership’s affairs are conducted in accordance with that partner’s or member’s wishes.
> (3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership’s affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C).
> (3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes.
> (3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C).
- (7) After subsection (3B) insert—
@@ -7462,8 +7436,8 @@
- (4) After subsection (1A) insert—
> (1B) This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership’s affairs are conducted in accordance with that member’s wishes.
> (1C) This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership’s affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e).
> (1B) This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership's affairs are conducted in accordance with that member's wishes.
> (1C) This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e).
- (5) Omit subsection (2).
@@ -7471,7 +7445,7 @@
- (a) at the appropriate place insert—
> - “dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,
> “dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,
, and
@@ -7513,7 +7487,7 @@
.
- (5) In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or local pharmaceutical services”.
- (5) In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add “; and for that purpose “*health services*” does not include pharmaceutical services or local pharmaceutical services”.
#### Control of entry on pharmaceutical lists
@@ -7543,7 +7517,7 @@
- (5) For subsection (2B) substitute—
> (2B) In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.
> (2B) In subsection (2A), “*relevant area*”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.
- (6) In subsection (2C), for “(2B)” substitute “(2A)”.
@@ -7628,7 +7602,7 @@
> and may make any provision corresponding to anything in sections 151 to 159.
> (4) Regulations under this section may, in particular, also provide that approval for the purposes of either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to be read accordingly).
> (5) Regulations under this section may, in particular, also provide for—
> (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
> (a) a person's inclusion in a list to be subject to conditions determined by the Board,
> (b) the Board to vary the conditions or impose different ones,
> (c) the consequences of failing to comply with a condition (including suspension or removal from a list),
> (d) the review by the Board of decisions made by it by virtue of the regulations.
@@ -7637,9 +7611,9 @@
> (b) preventing any acts or omissions of the type described in section 151(3)(a).
> (7) If the regulations provide under subsection (3)(f) or (5) that the Board may suspend or remove a person (P) from a list, they must include provision—
> (a) requiring P to be given notice of any allegation against P,
> (b) giving P the opportunity of putting P’s case at a hearing before the Board makes any decision as to P’s suspension or removal, and
> (b) giving P the opportunity of putting P's case at a hearing before the Board makes any decision as to P's suspension or removal, and
> (c) requiring P to be given notice of the decision of the Board, the reasons for it and any right of appeal under subsection (8) or (9).
> (8) If the regulations provide under subsection (3)(d) or (f) that the Board may refuse a person’s application for inclusion in a list, or remove a person from one, the regulations must provide for an appeal to the First-tier Tribunal against the decision of the Board.
> (8) If the regulations provide under subsection (3)(d) or (f) that the Board may refuse a person's application for inclusion in a list, or remove a person from one, the regulations must provide for an appeal to the First-tier Tribunal against the decision of the Board.
> (9) If the regulations make provision under subsection (5), they must provide for an appeal by the person in question to the First-tier tribunal against the decision of the Board—
> (a) to impose conditions, or any particular condition,
> (b) to vary a condition,
@@ -7704,13 +7678,13 @@
- (5) After that subsection insert—
> (2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in social work in England; and for the purposes of this section, “social work in England” means social work which is required in connection with any health, education or social services provided in England.
> (2ZA) In subsections (1) and (2), “*the social work profession in England*” means the profession engaged in social work in England; and for the purposes of this section, “*social work in England*” means social work which is required in connection with any health, education or social services provided in England.
- (6) After subsection (2ZA) insert—
> (2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care work in England.
> (2ZC) For that purpose, “social care work in England” means work (other than social work in England) that is of any of the following descriptions—
> (a) employment at a children’s home, care home or residential family centre in England,
> (2ZB) In subsection (1)(bc) and (bd), “*social care workers in England*” means persons who are engaged in social care work in England.
> (2ZC) For that purpose, “*social care work in England*” means work (other than social work in England) that is of any of the following descriptions—
> (a) employment at a children's home, care home or residential family centre in England,
> (b) management of a home or centre of a kind mentioned in paragraph (a),
> (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption agency or adoption support agency, in so far as the agency provides services to persons in England,
> (d) management of an agency of a kind mentioned in paragraph (c),
@@ -7719,8 +7693,8 @@
> (g) the provision of personal care for persons in England,
> (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England,
> (i) management of an undertaking of the kind mentioned in paragraph (h),
> (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children’s homes),
> (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills who inspects premises under—
> (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes),
> (k) employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—
> (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
> (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
> (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
@@ -7739,18 +7713,18 @@
- (9) After subsection (2ZE) insert—
> (2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983.
> (2ZF) In this section, “*approved mental health professional*” has the meaning given in section 114 of the Mental Health Act 1983.
- (10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social workers, other care workers etc.”.
- (11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person’s fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.
- (11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person's fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.
- (12) After that subsection insert—
> (2A) The matters are—
> (a) a person’s fitness to practise a profession to which section 60(2) applies;
> (b) a person’s fitness to practise the social work profession in England (within the meaning given by section 60);
> (c) a person’s suitability to remain registered as a social care worker in England (within the meaning given by that section).
> (a) a person's fitness to practise a profession to which section 60(2) applies;
> (b) a person's fitness to practise the social work profession in England (within the meaning given by section 60);
> (c) a person's suitability to remain registered as a social care worker in England (within the meaning given by that section).
- (13) In subsection (3) of that section, at the end insert “or the social work profession in England (within the meaning given in section 60(2ZA)”.
@@ -7813,7 +7787,7 @@
- (a) at the appropriate place insert the following—
> - “social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,
> “social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,
, and
@@ -7859,13 +7833,13 @@
##### 213
- (1) The Health Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) is amended as follows.
- (1) The Health Professions Order 2001 (S.I. 2002/254) is amended as follows.
- (2) In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant professions”, at the appropriate place insert “social workers in England;”.
- (3) In that paragraph, at the appropriate place insert—
> - “social worker in England” means a member of the social work profession in England, and references to “social work in England” are to be construed accordingly;
> “*social worker in England*” means a member of the social work profession in England, and references to “social work in England” are to be construed accordingly;
.
@@ -7927,9 +7901,9 @@
- (b) is to change its name to the Health and Care Professions Council.
- (2) In article 3 of the Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) (the Council and its Committees), for sub-paragraph (1) substitute—
> (1) The Health and Care Professions Council is referred to in this Order as “the Council”.
- (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute—
> (1) The Health and Care Professions Council is referred to in this Order as “*the Council*”.
- (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
@@ -7939,7 +7913,7 @@
##### 215
- (1) The Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) is amended as follows.
- (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
- (2) In article 3 (the Council and its Committees), in paragraph (5)(b)—
@@ -8004,7 +7978,7 @@
- (10) In article 19 (post-registration training), in paragraph (2A)(b), after “visiting health” insert “or social work”.
- (11) In article 20 (Wales), at the end insert “; but the reference to the Council’s function under article 15(4)(b) does not include a reference to that function so far as relating to social work in England”.
- (11) In article 20 (Wales), at the end insert “; but the reference to the Council's function under article 15(4)(b) does not include a reference to that function so far as relating to social work in England”.
- (12) In article 39 (offences), after paragraph (1) insert—
@@ -8016,7 +7990,7 @@
##### 216
- (1) The Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) is amended as follows.
- (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
- (2) In article 37 (appeals against decisions of the Education and Training Committee), in paragraph (5A), at the end of sub-paragraph (a) insert “or registered as a social worker in a register kept by the General Social Care Council, the Care Council for Wales, the Scottish Social Services Council or the Northern Ireland Social Care Council”.
@@ -8034,7 +8008,7 @@
- (7) In that article, after that paragraph insert—
> (5) In this article, in the case of an appeal relating to a social worker in England, “the appropriate court” means the High Court of Justice in England and Wales.
> (5) In this article, in the case of an appeal relating to a social worker in England, “*the appropriate court*” means the High Court of Justice in England and Wales.
#### Approval of courses for approved mental health professionals
@@ -8050,7 +8024,7 @@
> (a) the courses which are approved under this section, and
> (b) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved.
> (3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.
> (4) Where the function under subsection (1) is, in accordance with the Health and Social Work Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another person to exercise the function on the Council’s behalf.
> (4) Where the function under subsection (1) is, in accordance with the Health and Social Work Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another person to exercise the function on the Council's behalf.
- (3) In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after “section” insert “114ZA or”.
@@ -8070,7 +8044,7 @@
##### 218
- (1) The Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) is amended as follows.
- (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
- (2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
@@ -8078,7 +8052,7 @@
> (5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants.
- (4) In article 14 (the Council’s education and training committee), after sub-paragraph (b) insert—
- (4) In article 14 (the Council's education and training committee), after sub-paragraph (b) insert—
> (ba) the setting of criteria under article 15B;
@@ -8089,7 +8063,7 @@
> (15A)
> (1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) is exercisable by the Education and Training Committee.
> (2) In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in relation to courses run by institutions which are approved in accordance with article 15B(3).
> (3) In this article and articles 15B to 18, “AMHP course” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983.
> (3) In this article and articles 15B to 18, “*AMHP course*” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983.
> (15B)
> (1) The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental Health Act 1983.
> (2) The Education and Training Committee must—
@@ -8107,7 +8081,7 @@
- (8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—
> (1A) Where as a result of any visitor’s report or other information acquired by the Committee or the Council, and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set under article 15B(1), it may refuse to approve, or withdraw approval from, the course.
> (1A) Where as a result of any visitor's report or other information acquired by the Committee or the Council, and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set under article 15B(1), it may refuse to approve, or withdraw approval from, the course.
- (9) In that article—
@@ -8115,7 +8089,7 @@
- (b) in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
- (10) In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.
- (10) In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.
- (11) In article 45 (finances of the Council), after paragraph (3) insert—
@@ -8125,7 +8099,7 @@
##### 219
- (1) After article 44 of the Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) insert—
- (1) After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—
> (44A)
> (1) The Council may make arrangements with any relevant person for the Council to provide administrative, technical or advisory services to that person.
@@ -8137,7 +8111,9 @@
- (2) In Schedule 3 to that Order (interpretation), at the appropriate place, insert—
> - “health care” includes— all forms of health care for individuals, whether relating to physical or mental health, and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
> “*health care*” includes—
> (a) all forms of health care for individuals, whether relating to physical or mental health, and
> (b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
.
@@ -8169,7 +8145,9 @@
> (a) the social work profession in England, or
> (b) social care workers in England.
> (3B) For the purposes of subsection (3A)—
> - “enactment” means an enactment contained in— an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and
> - “*enactment*” means an enactment contained in—
> 1. an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or
> 2. subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and
> - “the social work profession in England” and “social care workers in England” have the meaning given in section 60 of the 1999 Act.
- (7) In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
@@ -8214,7 +8192,7 @@
- (a) for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
- (b) for ““the Council”” substitute ““the Authority””.
- (b) for “ “the Council”” substitute “ “the Authority””.
- (3) For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social Care”.
@@ -8241,7 +8219,7 @@
- (5) In subsection (3) of that section, after “this section” insert
> —
> - health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and
> health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and
.
@@ -8259,7 +8237,7 @@
- (10) After subsection (5) of that section insert—
> (5A) In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.
> (5A) In the case of a social worker in England, the “*relevant court*” means the High Court of Justice in England and Wales.
- (11) In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
@@ -8278,8 +8256,8 @@
- (1) After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—
> (25A)
> (1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority’s functions in relation to that body as are specified in the regulations.
> (2) A reference in this section to the Authority’s functions does not include a reference to its functions under sections 25G to 25I and 26A.
> (1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.
> (2) A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.
> (3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.
> (4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.
> (5) The Authority must—
@@ -8331,7 +8309,7 @@
> (a) a regulatory body;
> (b) a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.
> (2) A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine.
> (3) In this section, “this group of sections” has the meaning given by section 25(5) but does not include section 26A.
> (3) In this section, “*this group of sections*” has the meaning given by section 25(5) but does not include section 26A.
- (2) In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.
@@ -8405,16 +8383,16 @@
> (4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
> (5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
> (6) The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.
> (7) In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland.
> (8) In this section, “appointment functions” means—
> (7) In this section, “*regulatory body*” does not include the Pharmaceutical Society of Northern Ireland.
> (8) In this section, “*appointment functions*” means—
> (a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),
> (b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (e) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 ([S.I. 2010/231](https://www.legislation.gov.uk/uksi/2010/231)) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 ([S.I. 2002/253](https://www.legislation.gov.uk/uksi/2002/253)) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and
> (h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 ([S.I. 2002/254](https://www.legislation.gov.uk/uksi/2002/254)) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).
> (f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
> (g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and
> (h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).
> (9) A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.
#### Establishment of voluntary registers
@@ -8453,7 +8431,7 @@
> (12) A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.
> (25E)
> (1) This section applies for the purposes of section 25D.
> (2) “Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—
> (2) “*Voluntary register*” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—
> (a) use a title,
> (b) practise as a member of a profession,
> (c) engage in work that involves the provision of health care,
@@ -8463,23 +8441,23 @@
> (4) The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—
> (a) only to work or practice of a particular kind, and
> (b) only when work or practice of that kind is engaged in for particular purposes.
> (5) In subsections (2) to (4), “enactment” means an enactment contained in, or in an instrument made under—
> (5) In subsections (2) to (4), “*enactment*” means an enactment contained in, or in an instrument made under—
> (a) an Act of Parliament,
> (b) an Act of the Scottish Parliament,
> (c) an Act or Measure of the National Assembly for Wales, or
> (d) Northern Ireland legislation.
> (6) “Unregulated health professional” means a member of a profession—
> (6) “*Unregulated health professional*” means a member of a profession—
> (a) which is concerned with the physical or mental health of individuals, but
> (b) to which section 60(2) of the Health Act 1999 does not apply.
> (7) “Unregulated health care worker” means a person engaged in work which—
> (7) “*Unregulated health care worker*” means a person engaged in work which—
> (a) involves the provision of health care, but
> (b) is not work which may be engaged in only by members of a profession.
> (8) In subsections (2) and (7), “health care” includes—
> (8) In subsections (2) and (7), “*health care*” includes—
> (a) all forms of health care for individuals, whether relating to physical or mental health, and
> (b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
> (9) “Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.
> (9) “*Unregulated social care worker in England*” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.
> (10) But a person is not to be regarded as being (or having been) engaged in work as an unregulated social care worker merely because the person is (or has been) participating in a course of the description given in subsection (2ZC)(o) of that section (social work courses).
> (11) “The social work profession in England” has the meaning given in that section.
> (11) “*The social work profession in England*” has the meaning given in that section.
> (25F)
> (1) Before establishing a register under section 25D, a regulatory body—
> (a) must make an assessment of the likely impact of doing so, and
@@ -8510,7 +8488,7 @@
> (6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.
> (7) The Authority must publish such accreditation criteria as it sets.
> (8) The Authority may publish a list of registers accredited under this section.
> (9) “Voluntary register” has the meaning given in section 25E.
> (9) “*Voluntary register*” has the meaning given in section 25E.
> (25H)
> (1) Before accrediting a register under section 25G, the Authority—
> (a) must make an assessment of the likely impact of doing so, and
@@ -8530,11 +8508,11 @@
> (c) to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.
> (2) In this section—
> (a) a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and
> (b) “accredited voluntary register” means a register accredited under section 25G”.
> (b) “*accredited voluntary register*” means a register accredited under section 25G”.
- (2) In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—
> (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person’s voluntary registration functions.
> (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.
- (3) After subsection (3) of that section insert—
@@ -8546,7 +8524,7 @@
- (5) After subsection (12) of that section insert—
> (13) In this section, “voluntary registration functions” is to be construed in accordance with section 25I.
> (13) In this section, “*voluntary registration functions*” is to be construed in accordance with section 25I.
- (6) In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert—
@@ -8560,9 +8538,9 @@
- (7) In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert—
> (1A) The references in subsection (1) to the Authority’s functions do not include a reference to its accreditation functions.
> (1A) The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.
> (1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.
> (1C) For the purposes of this section, the Authority’s accreditation functions are—
> (1C) For the purposes of this section, the Authority's accreditation functions are—
> (a) its functions under sections 25G to 25I,
> (b) its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and
> (c) its function under section 26A(1B).
@@ -8613,7 +8591,7 @@
##### 232
- (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “NICE”).
- (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “*NICE*”).
- (2) Schedule 16 (which makes further provision about NICE) has effect.
@@ -8633,9 +8611,9 @@
- (3) In this Part—
- “health services” means services which must or may be provided as part of the health service in England;
- “social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
- “*health services*” means services which must or may be provided as part of the health service in England;
- “*social care*” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
### Functions: quality standards
@@ -8651,7 +8629,7 @@
- (c) social care in England.
- (2) In this Part such a statement is referred to as a “quality standard”.
- (2) In this Part such a statement is referred to as a “*quality standard*”.
- (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard.
@@ -8675,7 +8653,7 @@
- (b) consult such persons as it considers appropriate in establishing that procedure.
- (8) Subsection [(9)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/9/enacted) applies in a case where the Secretary of State and the Board each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.
- (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.
- (9) In such a case—
@@ -8693,9 +8671,9 @@
- (11) In this Part—
- “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of the National Health Service Act 2006) or section 117 of the Mental Health Act 1983 (after-care);
- “public health services” means services provided pursuant to the functions of— the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, or a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.
- “*NHS services*” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of the National Health Service Act 2006) or section 117 of the Mental Health Act 1983 (after-care);
- “*public health services*” means services provided pursuant to the functions of—the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, ora local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.
#### Supply of quality standards to other persons
@@ -8709,13 +8687,13 @@
- (2) The regulations may in particular—
- (a) confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/235/1/enacted), and
- (a) confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection (1), and
- (b) provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so mentioned.
- (3) Provision made under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/235/2/b/enacted) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (4) In this section “devolved authority” means—
- (3) Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (4) In this section “*devolved authority*” means—
- (a) the Scottish Ministers,
@@ -8749,19 +8727,19 @@
- (c) social care in England.
- (2) The regulations may provide that a function conferred under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/1/a/enacted)—
- (2) The regulations may provide that a function conferred under subsection (1)(a)—
- (a) is only exercisable on the direction of the Secretary of State or the Board;
- (b) is subject to directions given by the Secretary of State or (as the case may be) the Board about NICE’s exercise of the function.
- (3) The regulations may provide that a function conferred under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/1/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/1/c/enacted)—
- (b) is subject to directions given by the Secretary of State or (as the case may be) the Board about NICE's exercise of the function.
- (3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—
- (a) is only exercisable on the direction of the Secretary of State;
- (b) is subject to directions given by the Secretary of State about NICE’s exercise of the function.
- (4) Provision made under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/2/b/enacted) or [(3)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/3/b/enacted) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.
- (b) is subject to directions given by the Secretary of State about NICE's exercise of the function.
- (4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.
- (5) The regulations may make provision about—
@@ -8771,7 +8749,7 @@
- (c) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations.
- (6) Provision made under subsection [(5)(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/5/c/enacted) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (7) The regulations must make provision about—
@@ -8785,7 +8763,7 @@
- (b) comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations.
- (9) Provision made under subsection [(8)](https://www.legislation.gov.uk/ukpga/2012/7/section/237/8/enacted) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—
- (9) Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—
- (a) generally in the exercise of functions, or
@@ -8801,13 +8779,13 @@
- (11) In this section—
- “health or social care body” means any public body exercising functions in connection with the provision of health services or of social care in England;
- “local authority” means— a county council in England; a district council in England, other than a council for a district in a county for which there is a county council; a London borough council; the Council of the Isles of Scilly; the Common Council of the City of London;
- ‘“public body” means a body or other person whose functions— are of a public nature, or include functions of that nature, but, in the latter case, the body or person is a public body to the extent only of those functions;
- “specified” means specified in the regulations.
- “*health or social care body*” means any public body exercising functions in connection with the provision of health services or of social care in England;
- “*local authority*” means—a county council in England;a district council in England, other than a council for a district in a county for which there is a county council;a London borough council;the Council of the Isles of Scilly;the Common Council of the City of London;
- ‘ “*public body*” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but, in the latter case, the body or person is a public body to the extent only of those functions;
- “*specified*” means specified in the regulations.
#### NICE recommendations: appeals
@@ -8837,21 +8815,21 @@
- (c) social care in England.
- (2) The regulations may provide that a function conferred under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/239/1/a/enacted)—
- (2) The regulations may provide that a function conferred under subsection (1)(a)—
- (a) is only exercisable on the direction of the Board;
- (b) is subject to directions given by the Board about NICE’s exercise of the function.
- (3) The regulations may provide that a function conferred under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/239/1/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/239/1/c/enacted)—
- (b) is subject to directions given by the Board about NICE's exercise of the function.
- (3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—
- (a) is only exercisable on the direction of the Secretary of State;
- (b) is subject to directions given by the Secretary of State about NICE’s exercise of the function.
- (b) is subject to directions given by the Secretary of State about NICE's exercise of the function.
- (4) The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training.
- (5) Provision made under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/239/4/enacted) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (5) Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
#### Advisory services
@@ -8867,21 +8845,21 @@
- (2) The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice.
- (3) Provision made under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/240/2/enacted) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (4) In this Part “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
- (3) Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
- (4) In this Part “*health care*” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
#### Commissioning guidance
##### 241
- (1) The Board may direct NICE to exercise any of the Board’s functions in relation to the preparation of the guidance required to be published by the Board under section 14Z8 of the National Health Service Act 2006 (the “commissioning guidance”).
- (2) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/241/1/enacted) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.
- (1) The Board may direct NICE to exercise any of the Board's functions in relation to the preparation of the guidance required to be published by the Board under section 14Z8 of the National Health Service Act 2006 (the “commissioning guidance”).
- (2) A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.
- (3) If requested to do so, NICE must—
- (a) provide the Board with information or advice on such matters connected to the Board’s functions in respect of the commissioning guidance as may be specified in the request, and
- (a) provide the Board with information or advice on such matters connected to the Board's functions in respect of the commissioning guidance as may be specified in the request, and
- (b) disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
@@ -8891,7 +8869,7 @@
##### 242
- (1) Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
- (1) Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “*the charter*”).
- (2) The regulations may, in particular, make provision about—
@@ -8921,7 +8899,7 @@
- (f) develop and exploit ideas and exploit intellectual property.
- (2) But NICE may exercise a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/243/1/enacted) only—
- (2) But NICE may exercise a power under subsection (1) only—
- (a) if doing so is connected with the provision of health care or social care, and
@@ -8929,7 +8907,7 @@
- (3) NICE may—
- (a) charge for anything it does in the exercise of a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/243/1/enacted), and
- (a) charge for anything it does in the exercise of a power under subsection (1), and
- (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
@@ -8955,15 +8933,15 @@
- (b) the failure is significant.
- (2) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/245/1/enacted) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
- (3) If NICE fails to comply with a direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/245/1/enacted), the Secretary of State may—
- (2) A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
- (3) If NICE fails to comply with a direction under subsection (1), the Secretary of State may—
- (a) discharge the functions to which it relates, or
- (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
- (4) Where the Secretary of State exercises a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/245/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/245/3/enacted), the Secretary of State must publish reasons for doing so.
- (b) make arrangements for any other person to discharge them on the Secretary of State's behalf.
- (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
- (5) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.
@@ -8983,21 +8961,21 @@
In this Part—
- “the Board” means the National Health Service Commissioning Board;
- “health care” has the meaning given by section 240[(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/240/4/enacted);
- “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “health services” has the meaning given by section 233[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/233/3/enacted);
- “NHS services” has the meaning given by section 234[(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/11/enacted);
- “public health services” has the meaning given by section 234[(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/11/enacted);
- “quality standard” has the meaning given by section 234[(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/2/enacted);
- “social care” has the meaning given by section 233[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/233/3/enacted).
- “*the Board*” means the National Health Service Commissioning Board;
- “*health care*” has the meaning given by section 240(4);
- “*the health service*” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “*health services*” has the meaning given by section 233(3);
- “*NHS services*” has the meaning given by section 234(11);
- “*public health services*” has the meaning given by section 234(11);
- “*quality standard*” has the meaning given by section 234(2);
- “*social care*” has the meaning given by section 233(3).
#### Dissolution of predecessor body
@@ -9015,23 +8993,23 @@
- (a) prepared and published by NICE in accordance with section 234,
- (b) endorsed under subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/5/enacted) of that section, and
- (b) endorsed under subsection (5) of that section, and
- (c) in respect of which the transitional commissioner is the relevant commissioner for the purposes of that section.
- (3) Subsections [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/249/4/enacted) to [(6)](https://www.legislation.gov.uk/ukpga/2012/7/section/249/6/enacted) apply to a case where before commencement—
- (3) Subsections (4) to (6) apply to a case where before commencement—
- (a) the Secretary of State has referred a matter to the Institute for the purpose of preparing and publishing a statement of standards, but
- (b) the Institute has not published the statement.
- (4) The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234[(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/1/enacted); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.
- (4) The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.
- (5) Anything done by the Institute before commencement in relation to the matter is to be treated on and after commencement as having been done by NICE in pursuance of the direction.
- (6) Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/3/enacted) in relation to the preparation of the quality standard.
- (7) A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234[(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/234/7/enacted) for the preparation of quality standards.
- (6) Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234(3) in relation to the preparation of the quality standard.
- (7) A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234(7) for the preparation of quality standards.
- (8) For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of State, after consulting the Board, may direct that in relation to a particular statement of standards or matter the transitional commissioner is—
@@ -9041,11 +9019,11 @@
- (9) In this section—
- “commencement” means the commencement of section 234;
- “the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
- “statement of standards” means a document containing advice to the Secretary of State in relation to the quality of the provision of health care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of State on 27 July 2009.
- “*commencement*” means the commencement of section 234;
- “*the Institute*” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
- “*statement of standards*” means a document containing advice to the Secretary of State in relation to the quality of the provision of health care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of State on 27 July 2009.
## PART 9 — Health and adult social care services: information
@@ -9055,7 +9033,7 @@
##### 250
- (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as “the Board”) may prepare and publish an information standard.
- (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as “*the Board*”) may prepare and publish an information standard.
- (2) For the purposes of this Part “an information standard” is a document containing standards in relation to the processing of information.
@@ -9077,15 +9055,15 @@
- (7) In this section—
- “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- “health services” means services which must or may be provided as part of the health service in England; and for that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that Act) or section 117 of the Mental Health Act 1983 (after-care);
- “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
- “public body” means a body or other person whose functions— are of a public nature, or include functions of that nature, but in the latter case, the body or person is a public body to the extent only of those functions.
- “adult social care”—includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- “*health services*” means services which must or may be provided as part of the health service in England; and for that purpose “*the health service*” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “*NHS services*” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that Act) or section 117 of the Mental Health Act 1983 (after-care);
- “*processing*” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
- “*public body*” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but in the latter case, the body or person is a public body to the extent only of those functions.
#### Information standards: supplementary
@@ -9103,7 +9081,7 @@
##### 252
- (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to in this Chapter as “the Information Centre”).
- (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to in this Chapter as “*the Information Centre*”).
- (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
@@ -9129,9 +9107,9 @@
- (3) In this Chapter—
- “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- “health services” means services which must or may be provided as part of the health service in England.
- “adult social care”—includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- “*health services*” means services which must or may be provided as part of the health service in England.
### Functions: information systems
@@ -9141,21 +9119,21 @@
- (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a system for the collection or analysis of information of a description specified in the direction.
- (2) A direction may be given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/254/1/enacted) by the Secretary of State only if—
- (a) the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health services or of adult social care in England, or
- (2) A direction may be given under subsection (1) by the Secretary of State only if—
- (a) the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
- (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
- (3) A direction may be given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/254/1/enacted) by the Board only if the Board considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Board to have in relation to its exercise of functions in connection with the provision of NHS services.
- (4) In this Chapter “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that Act) or section 117 of the Mental Health Act 1983 (after-care).
- (5) Before giving a direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/254/1/enacted) the Secretary of State or (as the case may be) the Board must consult the Information Centre.
- (6) A function conferred by a direction given by the Secretary of State or the Board under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/254/1/enacted) is subject to directions given by the Secretary of State or (as the case may be) the Board about the Information Centre’s exercise of the function.
- (7) The Information Centre may charge the Board a reasonable fee in respect of the cost of complying with a direction given by the Board under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/254/1/enacted).
- (3) A direction may be given under subsection (1) by the Board only if the Board considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Board to have in relation to its exercise of functions in connection with the provision of NHS services.
- (4) In this Chapter “*NHS services*” means services the provision of which is arranged by the Board or a clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that Act) or section 117 of the Mental Health Act 1983 (after-care).
- (5) Before giving a direction under subsection (1) the Secretary of State or (as the case may be) the Board must consult the Information Centre.
- (6) A function conferred by a direction given by the Secretary of State or the Board under subsection (1) is subject to directions given by the Secretary of State or (as the case may be) the Board about the Information Centre's exercise of the function.
- (7) The Information Centre may charge the Board a reasonable fee in respect of the cost of complying with a direction given by the Board under subsection (1).
#### Powers to request Information Centre to establish information systems
@@ -9163,7 +9141,7 @@
- (1) Any person (including a devolved authority) may request the Information Centre to establish and operate a system for the collection or analysis of information of a description specified in the request.
- (2) A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person’s exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
- (2) A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
- (3) The Information Centre must comply with a mandatory request unless the Centre considers that the request relates to information of a description prescribed in regulations.
@@ -9177,11 +9155,11 @@
- (6) The Secretary of State or the Board may direct the Information Centre to comply with a request specified in the direction which was made by a person outside England.
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2012/7/section/255/8/enacted) applies where the Information Centre has discretion under this section as to whether to comply with—
- (7) Subsection (8) applies where the Information Centre has discretion under this section as to whether to comply with—
- (a) a mandatory request, or
- (b) other request under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/255/1/enacted).
- (b) other request under subsection (1).
- (8) In deciding whether to comply with the request, the Information Centre—
@@ -9193,7 +9171,7 @@
- (ii) advice or guidance given by the Centre under section 265.
- (9) In this section “principal body” means—
- (9) In this section “*principal body*” means—
- (a) Monitor,
@@ -9203,7 +9181,7 @@
- (d) such other persons as may be prescribed in regulations.
- (10) In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
- (10) In this Chapter “*health care*” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
#### Requests for collection under section 255: confidential information
@@ -9233,7 +9211,7 @@
- (b) the reconsideration by the Centre of a decision not to comply with such a request.
- (2) The procedure mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/257/1/b/enacted) must provide for the person who made the request to have an opportunity to make representations to the Information Centre within a reasonable period for the purposes of the reconsideration.
- (2) The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to the Information Centre within a reasonable period for the purposes of the reconsideration.
- (3) The Information Centre may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
@@ -9267,7 +9245,7 @@
- (1) The Information Centre may—
- (a) require any person mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/2/enacted) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purposes of any function it exercises by virtue of this Chapter, and
- (a) require any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purposes of any function it exercises by virtue of this Chapter, and
- (b) request any other person to provide it with such information.
@@ -9281,15 +9259,15 @@
- (4) In such a case, the Information Centre may, however, request any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purpose of complying with the request.
- (5) A requirement under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/1/a/enacted) must be complied with by providing the information to the Information Centre in such form and manner, and within such period, as the Centre may specify.
- (6) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person who has provided information to the Centre pursuant to a request made under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/1/b/enacted) in respect of the costs to that person of doing so.
- (7) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person mentioned in subsection (2)(b) who has provided information to the Centre pursuant to a request made under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/4/enacted) in respect of the costs to that person of doing so.
- (5) A requirement under subsection (1)(a) must be complied with by providing the information to the Information Centre in such form and manner, and within such period, as the Centre may specify.
- (6) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person who has provided information to the Centre pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.
- (7) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person mentioned in subsection (2)(b) who has provided information to the Centre pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.
- (8) The Information Centre must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
- (9) In imposing requirements under this section the Information Centre must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/2/enacted).
- (9) In imposing requirements under this section the Information Centre must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
- (10) The provision of information under this section—
@@ -9297,13 +9275,13 @@
- (b) is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
- (11) In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
- (11) In this Chapter “*health or social care body*” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
#### Publication of information
##### 260
- (1) The Information Centre must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/260/2/enacted); and, subject to subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/260/3/enacted), if the information falls within that subsection, the Centre must not publish it.
- (1) The Information Centre must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, the Centre must not publish it.
- (2) Information falls within this subsection if—
@@ -9319,7 +9297,7 @@
- (d) the information is of a description specified in a direction given to the Centre by the Secretary of State or the Board.
- (3) A direction under section 254 may provide that the obligation to publish imposed by subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/260/1/enacted) applies to information falling within subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/260/2/a/enacted) which is obtained by complying with the direction.
- (3) A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
- (4) Where the Information Centre publishes information which it obtains by complying with a direction under section 254 or a mandatory request under section 255, the Centre—
@@ -9341,7 +9319,7 @@
- (c) the uses to which the Centre considers the information is likely to be put.
- (7) In this Chapter “relevant person” means—
- (7) In this Chapter “*relevant person*” means—
- (a) any person who provides health care or adult social care, or
@@ -9371,13 +9349,13 @@
- (d) the Centre is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and the Centre considers it would be in the public interest for the information to be disseminated;
- (e) the Centre is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/1/enacted) applies to the information.
- (e) the Centre is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
- (3) A direction under section 260(2)(d) may require the Information Centre to disseminate information which the Centre is prohibited from publishing only by virtue of the direction.
- (4) The Information Centre may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/2/enacted)) to any person to whom the information could have been lawfully disclosed by the person from whom the Centre collected the information.
- (5) The Information Centre may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/2/enacted)) if—
- (4) The Information Centre may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom the Centre collected the information.
- (5) The Information Centre may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
- (a) the information has previously been lawfully disclosed to the public,
@@ -9391,7 +9369,7 @@
- (f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
- (6) Paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/5/a/enacted), [(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/5/b/enacted) and [(f)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/5/f/enacted) of subsection [(5)](https://www.legislation.gov.uk/ukpga/2012/7/section/261/5/enacted) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
- (6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
- (7) Nothing in this section or section 262 prevents the Information Centre from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
@@ -9479,7 +9457,7 @@
- (1) The Information Centre—
- (a) may give advice or guidance to any person mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/265/2/enacted) on any matter relating to the collection, analysis, publication or other dissemination of information, and
- (a) may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
- (b) must, if requested to do so by the Secretary of State or the Board, give advice or guidance on any such matter as may be specified in the request to—
@@ -9499,9 +9477,9 @@
- (e) any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
- (3) The Secretary of State must, at least once in any review period, exercise the power under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/265/1/b/enacted) by requesting the Information Centre to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/265/3/enacted) a review period is—
- (3) The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting the Information Centre to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
- (4) For the purposes of subsection (3) a review period is—
- (a) the period of 3 years beginning with the day on which this section comes into force, and
@@ -9527,7 +9505,7 @@
##### 267
- (1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).
- (1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“*the accreditation scheme*”).
- (2) The regulations may provide that the accreditation scheme is to be established and operated by the Information Centre or such other person as the Secretary of State may specify in the regulations (the “operator”).
@@ -9549,7 +9527,7 @@
- (c) to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.
- (5) In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.
- (5) In this section “*information service provider*” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.
### Functions: other
@@ -9569,7 +9547,7 @@
- (d) the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.
- (3) In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.
- (3) In this section a “*quality indicator*” means a factor by reference to which performance in the provision of services or care can be measured.
#### Power to confer functions in relation to identification of GPs
@@ -9577,7 +9555,7 @@
- (1) Regulations may make provision conferring functions on the Information Centre in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.
- (2) In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.
- (2) In subsection (1) “*general medical practitioners*” means persons registered in the General Practitioner Register kept by the General Medical Council.
#### Additional functions
@@ -9597,7 +9575,7 @@
- (f) develop and exploit ideas and exploit intellectual property.
- (2) But the Information Centre may exercise a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/270/1/enacted) only—
- (2) But the Information Centre may exercise a power under subsection (1) only—
- (a) if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and
@@ -9605,7 +9583,7 @@
- (3) The Information Centre may—
- (a) charge for anything it does in the exercise of a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/270/1/enacted), and
- (a) charge for anything it does in the exercise of a power under subsection (1), and
- (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
@@ -9631,15 +9609,15 @@
- (b) the failure is significant.
- (2) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/272/1/enacted) may direct the Information Centre to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
- (3) If the Information Centre fails to comply with a direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/272/1/enacted), the Secretary of State may—
- (2) A direction under subsection (1) may direct the Information Centre to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
- (3) If the Information Centre fails to comply with a direction under subsection (1), the Secretary of State may—
- (a) discharge the functions to which it relates, or
- (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
- (4) Where the Secretary of State exercises a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/272/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/272/3/enacted), the Secretary of State must publish reasons for doing so.
- (b) make arrangements for any other person to discharge them on the Secretary of State's behalf.
- (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
- (5) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.
@@ -9659,7 +9637,7 @@
- (1) Regulations may make provision conferring powers on the Secretary of State or the Board to give directions—
- (a) requiring a health or social care body to exercise such of the Information Centre’s functions as may be specified;
- (a) requiring a health or social care body to exercise such of the Information Centre's functions as may be specified;
- (b) requiring the Centre or another health or social care body to exercise such information functions of the Secretary of State or (as the case may be) the Board as may be specified;
@@ -9669,15 +9647,15 @@
- (2) A function required to be exercised by a direction given by the Secretary of State or the Board by virtue of subsection (1) is subject to directions given by the Secretary of State or (as the case may be) the Board about the exercise of the function.
- (3) A power conferred on the Secretary of State under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/274/1/a/enacted) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and—
- (3) A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and—
- (a) in respect of which the Secretary of State may give a direction under section 254, or
- (b) which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.
- (4) A power conferred on the Board under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/274/1/a/enacted) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and in respect of which the Board may give a direction under section 254.
- (5) A power conferred under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/274/1/a/enacted) must provide that a direction must include provision requiring the body in question to provide the Information Centre with the information it needs to comply with the duty under section 264 (duty to publish information register).
- (4) A power conferred on the Board under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and in respect of which the Board may give a direction under section 254.
- (5) A power conferred under subsection (1)(a) must provide that a direction must include provision requiring the body in question to provide the Information Centre with the information it needs to comply with the duty under section 264 (duty to publish information register).
- (6) A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to the Information Centre for things done in the exercise of the function in respect of which the direction is given.
@@ -9687,11 +9665,11 @@
- (9) In this section—
- “information function” means a function in relation to the collection, analysis, publication or other dissemination of information;
- “specified” means specified in a direction given under regulations made under subsection (1);
- “systems delivery function”— in relation to the Secretary of State, means a function of the Secretary of State which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England; in relation to the Board, means a function of the Board which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of NHS services.
- “*information function*” means a function in relation to the collection, analysis, publication or other dissemination of information;
- “*specified*” means specified in a direction given under regulations made under subsection (1);
- “systems delivery function”—in relation to the Secretary of State, means a function of the Secretary of State which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England;in relation to the Board, means a function of the Board which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of NHS services.
#### Interpretation of this Chapter
@@ -9699,27 +9677,27 @@
In this Chapter—
- “adult social care” has the meaning given by section 253[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/253/3/enacted);
- “the Board” means the National Health Service Commissioning Board;
- “devolved authority” means— the Scottish Ministers; the Welsh Ministers; and a Northern Ireland Minister;
- “health care” has the meaning given by section 255[(10)](https://www.legislation.gov.uk/ukpga/2012/7/section/255/10/enacted);
- “health or social care body” has the meaning given by section 259[(11)](https://www.legislation.gov.uk/ukpga/2012/7/section/259/11/enacted);
- “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “health services” has the meaning given by section 253[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/253/3/enacted);
- “mandatory request” has the meaning given by section 255[(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/255/4/enacted);
- “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
- “public body” means a body or other person whose functions— are of a public nature, or include functions of that nature, but in the latter case, the body or person is a public body to the extent only of those functions;
- “relevant person” has the meaning given by section 260[(7)](https://www.legislation.gov.uk/ukpga/2012/7/section/260/7/enacted).
- “*adult social care*” has the meaning given by section 253(3);
- “*the Board*” means the National Health Service Commissioning Board;
- “*devolved authority*” means—the Scottish Ministers;the Welsh Ministers; anda Northern Ireland Minister;
- “*health care*” has the meaning given by section 255(10);
- “*health or social care body*” has the meaning given by section 259(11);
- “*the health service*” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- “*health services*” has the meaning given by section 253(3);
- “*mandatory request*” has the meaning given by section 255(4);
- “*Northern Ireland Minister*” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
- “*public body*” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but in the latter case, the body or person is a public body to the extent only of those functions;
- “*relevant person*” has the meaning given by section 260(7).
#### Dissolution of predecessor body
@@ -9770,19 +9748,19 @@
> (a) to monitor the practice followed by registered persons in relation to such processing, and
> (b) to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing.
> (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information.
> (3) In this section “relevant information” means—
> (3) In this section “*relevant information*” means—
> (a) patient information,
> (b) any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006,
> (c) any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and
> (d) any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.
> (4) In subsection (3) “patient information” means—
> (a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P’s condition or to P’s care or treatment, and
> (4) In subsection (3) “*patient information*” means—
> (a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and
> (b) information (however recorded) which is to any extent derived, directly or indirectly, from that information,
> whether or not the identity of the individual in question is ascertainable from the information.
> (5) In this section—
> - “adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20;
> - “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
> - “registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.
> - “*processing*”, in relation to information, has the same meaning as in the Data Protection Act 1998;
> - “*registered person*” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.
- (4) In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—
@@ -9800,7 +9778,7 @@
- (ii) omit “and 252 (consultation with National Information Governance Board)”.
- (6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.
- (6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “*the National Information Governance Committee*”, until 31 March 2015.
- (7) The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.
@@ -9812,9 +9790,9 @@
- (1) The National Patient Safety Agency is abolished.
- (2) The National Patient Safety Agency (Establishment and Constitution) Order 2001 ([S.I. 2001/1743](https://www.legislation.gov.uk/uksi/2001/1743)) is revoked.
- (3) In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co-operation), omit subsection (2).
- (2) The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.
- (3) In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).
#### The NHS Institute for Innovation and Improvement
@@ -9822,17 +9800,17 @@
- (1) The NHS Institute for Innovation and Improvement is abolished.
- (2) The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 ([S.I. 2005/1446](https://www.legislation.gov.uk/uksi/2005/1446)) is revoked.
- (2) The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.
#### Standing advisory committees
##### 283
- (1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State’s standing advisory committees).
- (1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees).
- (2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13.
- (3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 ([S.I. 1981/597](https://www.legislation.gov.uk/uksi/1981/597)) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.
- (3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.
## PART 11 — Miscellaneous
@@ -9846,7 +9824,7 @@
- (2) For subsection (2) substitute—
> (2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar’s sub-district as may be prescribed.
> (2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed.
- (3) In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”.
@@ -9873,7 +9851,7 @@
> (b) clinical commissioning groups,
> (c) local authorities.
> (12) Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service.
> (13) In this section, “local authority” has the same meaning as in section 2B.
> (13) In this section, “*local authority*” has the same meaning as in section 2B.
- (9) Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.
@@ -9908,7 +9886,7 @@
- (4) After subsection (4) insert—
> (5) In this section, “local authority” has the same meaning as in section 2B.
> (5) In this section, “*local authority*” has the same meaning as in section 2B.
#### Provision of information by Registrar General: Wales
@@ -9972,8 +9950,8 @@
- (4) After subsection (6) insert—
> (7) In subsection (4A)—
> - “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health Service Act 2006;
> - “local authority” has the same meaning as in section 2B of that Act of 2006.
> - “*clinical commissioning group*” and “*Special Health Authority*” have the same meaning as in the National Health Service Act 2006;
> - “*local authority*” has the same meaning as in section 2B of that Act of 2006.
### Duties to co-operate
@@ -9993,9 +9971,9 @@
- (ii) such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and
- (c) seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person’s registration under that Act.
- (3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the Commission with any material relevant to the exercise of Monitor’s functions pursuant to section 73(2), so far as the material relates to the provision of health care services.
- (c) seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.
- (3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the Commission with any material relevant to the exercise of Monitor's functions pursuant to section 73(2), so far as the material relates to the provision of health care services.
- (4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
@@ -10016,7 +9994,7 @@
> (b) make arrangements with Monitor to ensure that—
> (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and
> (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and
> (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person’s licence under that Act.
> (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.
- (4) In subsection (3)—
@@ -10072,7 +10050,7 @@
##### 291
- (1) If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State’s opinion to each body.
- (1) If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.
- (2) The relevant co-operation duties are—
@@ -10106,7 +10084,7 @@
- (9) But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.
- (10) In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.
- (10) In this section, “*the health service*” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.
### The Care Quality Commission
@@ -10152,7 +10130,7 @@
- (3) After subsection (3) of that section insert—
> (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
> (5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
> (5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “*the health service*” has the same meaning as in the National Health Service Act 2006.
- (4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
@@ -10176,11 +10154,11 @@
- (4) In this section—
- “commission” means arrange for the provision of,
- “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and
- “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.
- “*commission*” means arrange for the provision of,
- “*Northern Ireland health service*” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “*enactment*” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and
- “*Northern Ireland Minister*” includes the First Minister, the deputy First Minister and a Northern Ireland department.
#### Arrangements between the Board and Scottish Ministers etc.
@@ -10194,9 +10172,9 @@
- (4) In this section—
- “commission” means arrange for the provision of, and
- “Scottish health body” means— a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, and the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.
- “*commission*” means arrange for the provision of, and
- “*Scottish health body*” means—a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, andthe Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.
#### Relationships between the health services
@@ -10293,11 +10271,11 @@
- (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
- (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.
- (b) the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.
- (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant of a lease.
- (8) In this section and Schedules 22 and 23, “qualifying company” means—
- (8) In this section and Schedules 22 and 23, “*qualifying company*” means—
- (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or the Board, or
@@ -10305,9 +10283,9 @@
- (9) In section 301 and Schedules 22 and 23—
- “local authority” means— a county council in England; a district council in England, other than a council for a district in a county for which there is a county council; a London borough council; the Council of the Isles of Scilly; the Common Council of the City of London;
- “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
- “*local authority*” means—a county council in England;a district council in England, other than a council for a district in a county for which there is a county council;a London borough council;the Council of the Isles of Scilly;the Common Council of the City of London;
- “*public authority*” means any body or other person which has functions conferred by or under an Act or by royal charter.
#### Transfer schemes: supplemental
@@ -10361,9 +10339,9 @@
- (b) for any such modifications to have effect from the date when the original scheme comes into effect.
- (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure that all the body’s liabilities (other than criminal liabilities) are dealt with.
- (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ([SI 2006/246](https://www.legislation.gov.uk/uksi/2006/246)).
- (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure that all the body's liabilities (other than criminal liabilities) are dealt with.
- (8) In this section, “*TUPE regulations*” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
#### Subsequent property transfer schemes
@@ -10401,7 +10379,7 @@
- (5) The power conferred by this section is not restricted by any other provision of this Act.
- (6) In this section, “enactment” includes—
- (6) In this section, “*enactment*” includes—
- (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
@@ -10423,7 +10401,7 @@
- (5) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
- (a) regulations under section 65 (extension of Monitor’s functions to adult social care services);
- (a) regulations under section 65 (extension of Monitor's functions to adult social care services);
- (b) the first regulations under section 83 (licensing requirement: exemption regulations);
@@ -10457,7 +10435,7 @@
- (8) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
- (9) A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71[(3)](https://www.legislation.gov.uk/ukpga/2012/7/section/71/3/enacted)) a power to give directions under or by virtue of this Act—
- (9) A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act—
- (a) may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case,
@@ -10523,7 +10501,7 @@
- (a) section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators);
- (b) section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council’s functions during period preceding abolition);
- (b) section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition);
- (c) the provisions of this Part;
@@ -10531,7 +10509,7 @@
- (2) Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/2/enacted) “the appropriate authority” means—
- (3) In subsection (2) “*the appropriate authority*” means—
- (a) in relation to England, the Secretary of State;
@@ -10539,15 +10517,15 @@
- (4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
- (5) Different days may be appointed under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4/enacted) for different purposes (including different areas).
- (6) Transitory provision in an order under subsection [(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4/enacted) may, in particular, modify the application of a provision of this Act pending the commencement of—
- (5) Different days may be appointed under subsection (2) or (4) for different purposes (including different areas).
- (6) Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of—
- (a) another provision of this Act, or
- (b) any other enactment (within the meaning of section 303).
- (7) An order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4/enacted) which brings paragraph 17 of Schedule 1A to the National Health Service Act 2006 (inserted by Schedule 2) into force may make provision—
- (7) An order under subsection (4) which brings paragraph 17 of Schedule 1A to the National Health Service Act 2006 (inserted by Schedule 2) into force may make provision—
- (a) for the duty of a clinical commissioning group under sub-paragraph (1) or (2) of that paragraph not to apply in relation to the whole or any part of the initial period (within the meaning of Schedule 6), and
@@ -10599,13 +10577,13 @@
- (2) In this section—
- “relevant registers” means— registers of unregulated health professionals in Scotland, registers of unregulated health care workers in Scotland, or registers of relevant students in Scotland,
- “relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming— an unregulated health professional, an unregulated health care worker, or a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
- “unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and
- “unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.
- “*relevant registers*” means—registers of unregulated health professionals in Scotland,registers of unregulated health care workers in Scotland, orregisters of relevant students in Scotland,
- “*relevant students in Scotland*” means persons participating in studies in Scotland for the purpose of becoming—an unregulated health professional,an unregulated health care worker, ora member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
- “*unregulated health professional*” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “*unregulated health professional in Scotland*” means a person who is or has been practising as such in Scotland, and
- “*unregulated health care worker*” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “*unregulated health care worker in Scotland*” means a person who is or has been engaged in such work in Scotland.
#### Extent
@@ -10627,7 +10605,7 @@
- (e) section 222(1) (the Professional Standards Authority for Health and Social Care);
- (f) section 230(1) to (4) and (6) and paragraphs [53](https://www.legislation.gov.uk/ukpga/2012/7/schedule/15/paragraph/53/enacted) and [59](https://www.legislation.gov.uk/ukpga/2012/7/schedule/15/paragraph/59/enacted) of Schedule 15 (Part 7: consequential provision etc.);
- (f) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);
- (g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator);
@@ -10677,7 +10655,7 @@
> (1A) Where a clinical commissioning group or the Board has a duty or power to arrange for the provision of anything under section 3, 3A, 3B or 4 or Schedule 1, it may arrange for that thing to be provided outside England.
- (4) In subsection (2) for “The Secretary of State’s functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.
- (4) In subsection (2) for “The Secretary of State's functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.
##### 3
@@ -10715,7 +10693,7 @@
##### 5
- (1) In section 8 (Secretary of State’s directions to health service bodies), in subsection (2)—
- (1) In section 8 (Secretary of State's directions to health service bodies), in subsection (2)—
- (a) omit paragraph (a), and
@@ -10770,8 +10748,8 @@
> (3) The Secretary of State may make available any facilities provided by the Secretary of State under section 2A or 2B or Schedule 1 to any service provider or to any eligible voluntary organisation.
> (3A) In subsection (3)—
> - “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
> - “service provider” means a person or body with whom the Secretary of State has made an arrangement under subsection (1).
> - “*eligible voluntary organisation*” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
> - “*service provider*” means a person or body with whom the Secretary of State has made an arrangement under subsection (1).
- (5) In subsection (4)—
@@ -10789,7 +10767,7 @@
- (6) After subsection (4) insert—
> (4A) In subsection (4), “local authority” has the same meaning as in section 2B.
> (4A) In subsection (4), “*local authority*” has the same meaning as in section 2B.
- (7) For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.
@@ -10816,8 +10794,8 @@
> (b) a power to arrange with third parties for the supply of goods or materials by those third parties.
> (8) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments.
> (9) In this section—
> - “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
> - “service provider” means a person or body with whom the Board or a clinical commissioning group has made arrangements in the exercise of the functions mentioned in subsection (1).
> - “*eligible voluntary organisation*” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
> - “*service provider*” means a person or body with whom the Board or a clinical commissioning group has made arrangements in the exercise of the functions mentioned in subsection (1).
##### 10
@@ -10853,7 +10831,7 @@
- (6) After subsection (6) insert—
> (7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.
> (7) In this section and sections 12B to 12D, “*local authority*” has the same meaning as in section 2B.
##### 11
@@ -10951,7 +10929,7 @@
- (e) in paragraph (i)—
- (i) for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to [(hb)](#p01031)”, and
- (i) for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (hb)”, and
- (ii) for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to (h)”.
@@ -10959,7 +10937,7 @@
- (a) after paragraph (a) insert—
> (ab) in relation to a company within paragraph [(ha)](#p01030) or [(hb)](#p01031) of subsection (2), means the company’s activities in providing facilities or services to any person or body;
> (ab) in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body;
, and
@@ -11202,7 +11180,7 @@
- (11) In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
- (12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph [(10)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/4/paragraph/28/10/enacted)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.
- (12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.
##### 29
@@ -11210,11 +11188,11 @@
- (2) In subsection (1)—
- (a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer available under section 80(3)(b), [(3A)(c)](#p01032), (6)(b) or (c) or (6A)(b), the person must”,
- (a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
- (b) in paragraph (a) for “the Secretary of State” substitute “the person”, and
- (c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the officer’s employer,”.
- (c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the officer's employer,”.
- (3) In subsection (2)—
@@ -11314,7 +11292,7 @@
- (5) For the title to that section substitute “Arrangements by the Board for the provision of primary medical services”.
- (6) The provision which may be made by virtue of section 304[(10)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/304/10/a/enacted) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.
- (6) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.
##### 37
@@ -11469,7 +11447,7 @@
- (4) For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”.
- (5) The provision which may be made by virtue of section 304[(10)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/304/10/a/enacted) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.
- (5) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.
##### 49
@@ -11910,7 +11888,7 @@
- (b) for “the Primary Care Trust” substitute “the Board”.
- (5) In subsection (5), for “the Primary Care Trust’s” substitute “the Board’s”.
- (5) In subsection (5), for “the Primary Care Trust's” substitute “the Board's”.
- (6) In subsection (6)—
@@ -11964,7 +11942,7 @@
- (2) In subsection (1), for the words from the beginning to “other Primary Care Trusts,” substitute “The Board may recognise a committee formed for an area”.
- (3) In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.
- (3) In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust's area”.
- (4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary Care Trust” substitute “the Board”.
@@ -12030,7 +12008,7 @@
- (b) in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
- (8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs [68](https://www.legislation.gov.uk/ukpga/2012/7/schedule/4/paragraph/68/enacted) to [75](https://www.legislation.gov.uk/ukpga/2012/7/schedule/4/paragraph/75/enacted) affects the validity of anything done under or for the purposes of the scheme.
- (8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme.
##### 93
@@ -12083,7 +12061,7 @@
- (5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009.
- (6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph [76](https://www.legislation.gov.uk/ukpga/2012/7/schedule/4/paragraph/76/enacted) affects the validity of anything done under or for the purposes of the scheme.
- (6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme.
## PART 8 — Charging
@@ -12119,7 +12097,7 @@
- (5) After subsection (6) insert—
> (6A) The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of the Board’s functions under regulations under this section.
> (6A) The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of the Board's functions under regulations under this section.
- (6) Omit subsection (10).
@@ -12230,7 +12208,7 @@
- (4) After subsection (5) insert—
> (5A) A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.
> (5A) A “*public health service contractor*” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.
##### 105
@@ -12242,7 +12220,7 @@
##### 106
In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State’s functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.
In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State's functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.
##### 107
@@ -12266,7 +12244,7 @@
- (3) After that subsection insert—
> (4A) In subsection (4), “local authority” has the same meaning as in section 2B.
> (4A) In subsection (4), “*local authority*” has the same meaning as in section 2B.
##### 109
@@ -12362,7 +12340,7 @@
- (3) After subsection (3) insert—
> (3A) In subsection (3) “appropriate authority” means—
> (3A) In subsection (3) “*appropriate authority*” means—
> (a) in relation to a clinical commissioning group, the Board, and
> (b) in relation to any other body to which this section applies, the Secretary of State.
@@ -12512,14 +12490,14 @@
> (254A)
> (1) The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the health service or providing services for its purposes—
> (a) provide (or otherwise make available) to the person goods, materials or other facilities;
> (b) facilitate the recruitment and management of the person’s staff;
> (b) facilitate the recruitment and management of the person's staff;
> (c) develop or operate information or communication systems;
> (d) do such other things to facilitate or support the carrying out of the person’s functions or other activities as the Secretary of State considers appropriate;
> (d) do such other things to facilitate or support the carrying out of the person's functions or other activities as the Secretary of State considers appropriate;
> (e) arrange for any other person to do anything mentioned in paragraphs (a) to (d) or to assist the Secretary of State in doing any such thing.
> (2) The power conferred by subsection (1)(a) includes power to purchase goods and materials for the purpose of providing them or making them available.
> (3) The Secretary of State may, in connection with anything done under subsection (1), make available the services of any person employed by the Secretary of State.
> (4) The powers conferred by this section may be exercised on such terms, including terms as to the making of payments to or by the Secretary of State, as may be agreed.
> (5) In this section, “the health service” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
> (5) In this section, “*the health service*” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
##### 129
@@ -12583,16 +12561,17 @@
- (4) In subsection (5), in the definition of “relevant area”—
- (a) after ““relevant area”” insert
- (a) after “ “relevant area”” insert
> —
> (a)
, and
- (b) at the end insert
> ;
> 1. in relation to the Board, in a case where a person has at any time provided or performed services by arrangement or contract with the Board, means the prescribed area (at the prescribed time).
> (b) in relation to the Board, in a case where a person has at any time provided or performed services by arrangement or contract with the Board, means the prescribed area (at the prescribed time).
##### 133
@@ -12654,8 +12633,8 @@
- (a) before the definition of “dental practitioner” insert—
> - “the Board” means the National Health Service Commissioning Board,
> - “clinical commissioning group” means a body established under section 14D of this Act,
> “*the Board*” means the National Health Service Commissioning Board,
> “*clinical commissioning group*” means a body established under section 14D of this Act,
,
@@ -12663,7 +12642,13 @@
- (c) after the definition of “modifications” insert—
> - “NHS body” means— the Board, a clinical commissioning group, a Special Health Authority, an NHS trust, an NHS foundation trust, and a Local Health Board.
> “*NHS body*” means—
> (a) the Board,
> (b) a clinical commissioning group,
> (c) a Special Health Authority,
> (d) an NHS trust,
> (e) an NHS foundation trust, and
> (f) a Local Health Board.
- (3) In subsection (3)—
@@ -12718,7 +12703,7 @@
##### 3
- (1) Section 24 (local authority’s liability for provision of accommodation) is amended as follows.
- (1) Section 24 (local authority's liability for provision of accommodation) is amended as follows.
- (2) In subsections (6A) and (6B)—
@@ -12886,7 +12871,7 @@
##### 14
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
- (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
@@ -12940,9 +12925,9 @@
- (b) in subsection (4)—
- (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
- (ii) before ““NHS trust”” insert ““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and
- (i) after “above”, insert “ “*Secretary of State*” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
- (ii) before “ “NHS trust”” insert “ “*clinical commissioning group*” means a body established under section 14D of the National Health Service Act 2006, and”, and
- (iii) omit the words from “and “Primary Care Trust”” to the end.
@@ -12967,7 +12952,7 @@
- (a) omit “for one of their”, and
- (b) for ““each” to “its”” substitute ““the National” to “arranges””.
- (b) for “ “each” to “its”” substitute “ “the National” to “arranges””.
#### House of Commons Disqualification Act 1975 (c. 24)
@@ -12979,9 +12964,7 @@
- (b) in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit “Strategic Health Authority, or”, and
- (c) at the appropriate place insert—
> - Chairman or non-executive member of the National Health Service Commissioning Board.
- (c) at the appropriate place insert— “ Chairman or non-executive member of the National Health Service Commissioning Board. ”
#### Acquisition of Land Act 1981 (c. 67)
@@ -13069,7 +13052,7 @@
##### 29
In section 134 (patients’ correspondence), in subsection (3)(e)—
In section 134 (patients' correspondence), in subsection (3)(e)—
- (a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
@@ -13309,7 +13292,7 @@
##### 53
In section 47 (local authority’s duty to investigate), in subsection (11)—
In section 47 (local authority's duty to investigate), in subsection (11)—
- (a) after paragraph (c) insert—
@@ -13323,7 +13306,7 @@
##### 54
In section 80 (inspection of children’s homes)—
In section 80 (inspection of children's homes)—
- (a) in subsection (1), in paragraph (d) —
@@ -13360,7 +13343,7 @@
- (a) before the definition of “community home” insert—
> - “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;
> “*clinical commissioning group*” means a body established under section 14D of the National Health Service Act 2006;
,
@@ -13431,7 +13414,7 @@
##### 63
In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
In section 1, in subsection (2) (meaning of “*holder*” in relation to a health record)—
- (a) in paragraph (a)—
@@ -13573,7 +13556,7 @@
- (a) before paragraph (a) insert—
> (za) the National Health Service Commissioning Board,
> (zb) a clinical commissioning group established under section [14D](#p00393) of the National Health Service Act 2006,” and
> (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and
- (b) in paragraph (b)—
@@ -13588,7 +13571,7 @@
- (a) before paragraph (a) insert—
> (za) the National Health Service Commissioning Board,
> (zb) a clinical commissioning group established under section [14D](#p00393) of the National Health Service Act 2006,
> (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,
- (b) omit paragraph (a),
@@ -13802,7 +13785,7 @@
##### 94
In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London’s health inequalities strategy)—
In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)—
- (a) omit paragraph (f),
@@ -13882,11 +13865,7 @@
In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
- (a) before the entry for a Health Board insert—
> - the National Health Service Commissioning Board a clinical commissioning group
,
- (a) before the entry for a Health Board insert— “ the National Health Service Commissioning Board a clinical commissioning group ”,
- (b) omit the entry for a Primary Care Trust, and
@@ -13970,7 +13949,7 @@
##### 109
In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
In section 1 (meaning of “*NHS body*” and “*qualifying hospital patient*”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
##### 110
@@ -14010,7 +13989,7 @@
- (b) after that paragraph insert—
> (bb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority’s area,
> (bb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,
.
@@ -14114,7 +14093,7 @@
, and
- (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.’.
- (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.
##### 123
@@ -14188,8 +14167,8 @@
- (a) after the entry for local probation boards insert—
> - the National Health Service Commissioning Board;
> - clinical commissioning groups established under section 14D of the National Health Service Act 2006;
> the National Health Service Commissioning Board;
> clinical commissioning groups established under section 14D of the National Health Service Act 2006;
,
@@ -14241,7 +14220,7 @@
##### 130
In section 12A (establishment of children’s trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
In section 12A (establishment of children's trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
##### 131
@@ -14303,14 +14282,14 @@
- (c) after subsection (6) insert—
> (6A) In subsections (1) and (4), “the responsible authority” means—
> (6A) In subsections (1) and (4), “*the responsible authority*” means—
> (a) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and
> (b) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.
> (6B) In subsection [(6A)(a)](#p01041), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.
> (6B) In subsection (6A)(a), “*local authority*” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.
##### 135
In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35[(6A)(a)](#p01041) and”.
In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.
##### 136
@@ -14358,16 +14337,14 @@
- (4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—
> (3) But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
> (4) “Local authority” means—
> (4) “*Local authority*” means—
> (a) the council of a county;
> (b) the council of a district for which there is no county council;
> (c) the council of a London borough;
> (d) the Common Council of the City of London;
> (e) the Council of the Isles of Scilly.
- (5) Before paragraph 183 insert the following heading—
.
- (5) Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.
- (6) In that paragraph—
@@ -14621,7 +14598,7 @@
- (b) omit subsection (2), and
- (c) in subsections (4) and (6)(a), for “a body’s” substitute “a local authority’s”.
- (c) in subsections (4) and (6)(a), for “a body's” substitute “a local authority's”.
##### 158
@@ -14674,29 +14651,104 @@
##### 163
In section 70 (co-operation between the Care Quality Commission and the Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit “section 46 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 164
In section 72 (provision of material to the Comptroller and Auditor General)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 165
In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—
> (aa) the National Health Service Commissioning Board,
.
##### 166
- (1) Section 97 (general interpretation of Part 1) is amended as follows.
- (2) In subsection (1) in the definition of “English NHS body”—
- (a) omit paragraph (a),
- (b) omit paragraph (b), and
- (c) before paragraph (d) insert—
> (ca) the National Health Service Commissioning Board,
> (cb) a clinical commissioning group,
.
- (3) In that subsection in the definition of “English NHS provider” omit paragraph (a).
- (4) In that subsection in the definition of “NHS care”—
- (a) after “health care” insert
> —
> (a) commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or
> (b)
, and
- (b) omit from “provided by” to the end.
- (5) After subsection (2) insert—
> (2A) Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).
- (6) Omit subsection (3).
##### 167
In section 153 (directions to certain NHS bodies) in subsection (1)—
- (a) omit paragraph (a), and
- (b) in paragraph (b), for “such a body” substitute “an English NHS body”.
##### 165
In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—
> (aa) the National Health Service Commissioning Board,
- (b) omit paragraph (b).
#### Education and Skills Act 2008 (c. 25)
##### 168
The Education and Skills Act 2008 is amended as follows.
##### 169
In section 16 (supply of information by public bodies), in subsection (2)—
- (a) omit paragraph (c),
- (b) omit paragraph (d), and
- (c) before paragraph (e) insert—
> (da) a clinical commissioning group,
.
##### 166
- (1) Section 97 (general interpretation of Part 1) is amended as follows.
- (2) In subsection (1) in the definition of “English NHS body”—
##### 170
In section 77 (supply of information by public bodies), in subsection (2)—
- (a) omit paragraph (c),
- (b) omit paragraph (d), and
- (c) before paragraph (e) insert—
> (da) a clinical commissioning group,
.
#### Autism Act 2009 (c. 15)
##### 171
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
- (a) omit paragraph (a),
@@ -14704,86 +14756,8 @@
- (c) before paragraph (d) insert—
> 1. the National Health Service Commissioning Board,
> 2. a clinical commissioning group,
.
- (3) In that subsection in the definition of “English NHS provider” omit paragraph (a).
- (4) In that subsection in the definition of “NHS care”—
- (a) after “health care” insert
> —
> 1. commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or
, and
- (b) omit from “provided by” to the end.
- (5) After subsection (2) insert—
> (2A) Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).
- (6) Omit subsection (3).
##### 167
In section 153 (directions to certain NHS bodies) in subsection (1)—
- (a) omit paragraph (a), and
- (b) omit paragraph (b).
#### Education and Skills Act 2008 (c. 25)
##### 168
The Education and Skills Act 2008 is amended as follows.
##### 169
In section 16 (supply of information by public bodies), in subsection (2)—
- (a) omit paragraph (c),
- (b) omit paragraph (d), and
- (c) before paragraph (e) insert—
> (da) a clinical commissioning group,
.
##### 170
In section 77 (supply of information by public bodies), in subsection (2)—
- (a) omit paragraph (c),
- (b) omit paragraph (d), and
- (c) before paragraph (e) insert—
> (da) a clinical commissioning group,
.
#### Autism Act 2009 (c. 15)
##### 171
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
- (a) omit paragraph (a),
- (b) omit paragraph (b), and
- (c) before paragraph (d) insert—
> 1. the National Health Service Commissioning Board;
> 2. a clinical commissioning group;
> (ca) the National Health Service Commissioning Board;
> (cb) a clinical commissioning group;
.
@@ -14882,8 +14856,8 @@
- (5) For subsection (6) substitute—
> (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 the National Health Service Commissioning Board or a clinical commissioning group 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.
> - “*health services*” has the same meaning as in Chapter 1;
> - “*relevant health services*” means health services the provision of which is arranged by the National Health Service Commissioning Board or a clinical commissioning group 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.
##### 178
@@ -14891,7 +14865,7 @@
##### 179
In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3) after paragraph (a) insert—
In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert—
> (aa) the National Health Service Commissioning Board;
@@ -14917,7 +14891,8 @@
- (a) at the beginning insert—
> - The National Health Service Commissioning Board. A clinical commissioning group established under section 14D of the National Health Service Act 2006.
> The National Health Service Commissioning Board.
> A clinical commissioning group established under section 14D of the National Health Service Act 2006.
,
@@ -14972,17 +14947,17 @@
- (1) This paragraph applies for the purposes of this Schedule.
- (2) “The initial period” means the period that—
- (2) “*The initial period*” means the period that—
- (a) begins with the commencement of section 25, and
- (b) ends with the day specified by the Secretary of State for the purposes of section 14A of the 2006 Act (as inserted by section 25).
- (3) “An initial application” means an application under section 14B of that Act which is made during the initial period.
- (4) “The Board” means the National Health Service Commissioning Board.
- (5) “The 2006 Act” means the National Health Service Act 2006.
- (3) “*An initial application*” means an application under section 14B of that Act which is made during the initial period.
- (4) “*The Board*” means the National Health Service Commissioning Board.
- (5) “*The 2006 Act*” means the National Health Service Act 2006.
#### Modification of requirements as to consultation
@@ -15110,7 +15085,7 @@
##### 10
- (1) This paragraph applies to a clinical commissioning group which is prevented by a direction given by virtue of paragraph [8](https://www.legislation.gov.uk/ukpga/2012/7/schedule/6/paragraph/8/enacted) or [9](https://www.legislation.gov.uk/ukpga/2012/7/schedule/6/paragraph/9/enacted) of this Schedule from exercising a function.
- (1) This paragraph applies to a clinical commissioning group which is prevented by a direction given by virtue of paragraph 8 or 9 of this Schedule from exercising a function.
- (2) The giving of the direction does not prevent the group from doing anything that appears to it to be necessary or expedient for the purpose of preparing it to exercise that function.
@@ -15174,7 +15149,7 @@
- (a) financial assistance, and
- (b) making the services of the Trust’s employees or any other resources of the Trust available to the group.
- (b) making the services of the Trust's employees or any other resources of the Trust available to the group.
- (3) Assistance or support provided under this paragraph may be provided on such terms and conditions, including terms as to payment, as the Trust considers appropriate.
@@ -15315,8 +15290,8 @@
In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—
> (9) The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —
> (a) the Secretary of State’s functions under section 2A of the National Health Service Act 2006,
> (b) the Secretary of State’s functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or
> (a) the Secretary of State's functions under section 2A of the National Health Service Act 2006,
> (b) the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or
> (c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.
#### National Health Service Act 2006 (c. 41)
@@ -15411,7 +15386,7 @@
##### 3
- (1) A person holds and vacates office as a non-executive member of Monitor in accordance with that person’s terms of appointment.
- (1) A person holds and vacates office as a non-executive member of Monitor in accordance with that person's terms of appointment.
- (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
@@ -15425,7 +15400,7 @@
- (4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).
- (5) A person maynot be appointed as a non-executive member for a period of more than four years.
- (5) A person may not be appointed as a non-executive member for a period of more than four years.
- (6) A person who ceases to be a non-executive member is eligible for re-appointment.
@@ -15441,7 +15416,7 @@
- (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
- (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (4) The initial period of suspension must not exceed six months.
@@ -15467,7 +15442,7 @@
##### 5
- (1) Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair’s functions.
- (1) Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.
- (2) Appointment as interim chair is for a term not exceeding the shorter of—
@@ -15475,9 +15450,9 @@
- (i) the appointment of a new chair, or
- (ii) the revocation or expiry of the existing chair’s suspension, and
- (b) the remainder of the interim chair’s term as a non-executive member.
- (ii) the revocation or expiry of the existing chair's suspension, and
- (b) the remainder of the interim chair's term as a non-executive member.
- (3) A person who ceases to be the interim chair is eligible for re-appointment.
@@ -15511,13 +15486,9 @@
- (1) Sub-paragraph (2) applies where a person who is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 is appointed as chair.
- (2) The Minister for the Civil Service may determine that the person’s office as chair is to be treated for the purposes of the scheme as service in the employment by reference to which the person is a member (whether or not any benefits are payable by virtue of paragraph 6(2)).
- (3) Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” insert—
> - Monitor
.
- (2) The Minister for the Civil Service may determine that the person's office as chair is to be treated for the purposes of the scheme as service in the employment by reference to which the person is a member (whether or not any benefits are payable by virtue of paragraph 6(2)).
- (3) Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” insert— “ Monitor ”.
- (4) Monitor must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
@@ -15659,7 +15630,7 @@
- (b) the methods and principles to be applied in the preparation of its accounts.
- (3) In sub-paragraph (2), the reference to accounts includes Monitor’s annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.
- (3) In sub-paragraph (2), the reference to accounts includes Monitor's annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.
##### 19
@@ -15697,9 +15668,9 @@
- (a) set out the measures that Monitor has taken to promote economy, efficiency and effectiveness in the use of resources for the exercise of its functions,
- (b) include a statement of what it did to comply with the duty under section 63(2) (duty to have regard to Secretary of State’s guidance on duty under section 62(9)), and
- (c) include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to Secretary of State’s guidance on relevant parts of document on improving quality of services).
- (b) include a statement of what it did to comply with the duty under section 63(2) (duty to have regard to Secretary of State's guidance on duty under section 62(9)), and
- (c) include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to Secretary of State's guidance on relevant parts of document on improving quality of services).
- (3) Monitor must—
@@ -15709,7 +15680,7 @@
- (4) Monitor must provide the Secretary of State with—
- (a) such other reports and information relating to the exercise of Monitor’s functions as the Secretary of State may require;
- (a) such other reports and information relating to the exercise of Monitor's functions as the Secretary of State may require;
- (b) such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may require.
@@ -15723,9 +15694,9 @@
##### 23
- (1) The application of Monitor’s seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under Monitor’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
- (1) The application of Monitor's seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under Monitor's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
#### Status
@@ -15733,7 +15704,7 @@
- (1) Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
- (2) Monitor’s property must not be regarded as property of, or property held on behalf of, the Crown.
- (2) Monitor's property must not be regarded as property of, or property held on behalf of, the Crown.
## SCHEDULE 9
@@ -15755,7 +15726,7 @@
- (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
#### Variation of terms
@@ -15767,7 +15738,7 @@
##### 4
- (1) Where Monitor is satisfied that a section 77 undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).
- (1) Where Monitor is satisfied that a section 77 undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “*compliance certificate*”).
- (2) A person who has given a section 77 undertaking may at any time make an application to Monitor for a compliance certificate.
@@ -15787,7 +15758,7 @@
- (c) unfair or unreasonable.
- (3) On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have effect.
- (3) On an appeal under this paragraph, the Tribunal may confirm Monitor's decision or direct that it is not to have effect.
#### Inaccurate, incomplete or misleading information
@@ -15839,13 +15810,13 @@
- (1) Monitor must, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference, or in carrying out the function under paragraph 8, give the Commission—
- (a) such information in Monitor’s possession as relates to matters within the scope of the investigation or the carrying out of the function and—
- (a) such information in Monitor's possession as relates to matters within the scope of the investigation or the carrying out of the function and—
- (i) is requested by the Commission for that purpose, or
- (ii) is information which Monitor considers it would be appropriate for that purpose to give to the Commission without request, and
- (b) such other assistance as the Commission may require, and as is within Monitor’s power to give, in relation to any such matters.
- (b) such other assistance as the Commission may require, and as is within Monitor's power to give, in relation to any such matters.
- (2) The Commission must, for the purpose of carrying out the investigation or the function, take account of such information as is given to it for that purpose under sub-paragraph (1).
@@ -15885,7 +15856,7 @@
- (2) For the purposes of paragraphs 7 and 8, a conclusion in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.
- (3) If a member of a group so constituted disagrees with a conclusion in a report made on a reference, the report must, if the member so wishes, include a statement of the member’s disagreement and reasons for disagreeing.
- (3) If a member of a group so constituted disagrees with a conclusion in a report made on a reference, the report must, if the member so wishes, include a statement of the member's disagreement and reasons for disagreeing.
- (4) A report of the Commission on a reference must be sent to Monitor.
@@ -16001,7 +15972,7 @@
- (a) commercial information the disclosure of which the Commission considers would or might significantly harm the legitimate business interests of the undertaking to which it relates, or
- (b) information relating to the private affairs of an individual whose disclosure the Commission considers would or might significantly harm the individual’s interests.
- (b) information relating to the private affairs of an individual whose disclosure the Commission considers would or might significantly harm the individual's interests.
- (4) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (3)(a) or (b) is necessary for the purposes of the report.
@@ -16109,7 +16080,7 @@
- (d) set out the circumstances (if any) in which Monitor may not impose the requirement, and
- (e) specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.
- (e) specify the period (“*the notice period*”) within which representations with respect to the proposal may be made to Monitor.
- (3) The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.
@@ -16129,7 +16100,7 @@
- (b) impose any other discretionary requirement.
- (2) Where Monitor decides under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/11/paragraph/2/1/enacted) to impose a discretionary requirement on a person Monitor must give notice to that person (a “final notice”).
- (2) Where Monitor decides under sub-paragraph (1) to impose a discretionary requirement on a person Monitor must give notice to that person (a “final notice”).
- (3) A final notice must—
@@ -16141,7 +16112,7 @@
- (i) how payment may be made,
- (ii) the period (“the payment period”) within which payment must be made,
- (ii) the period (“*the payment period*”) within which payment must be made,
- (iii) any discount applicable for early payment of the penalty, and
@@ -16149,11 +16120,11 @@
- (d) set out the consequences of failing to comply with the requirement, and
- (e) explain the right of appeal conferred by paragraph [3](https://www.legislation.gov.uk/ukpga/2012/7/schedule/11/paragraph/3/enacted).
- (e) explain the right of appeal conferred by paragraph 3.
- (4) The payment period must be not less than 28 days beginning with the day after that on which the final notice is received.
- (5) Monitor must not decide under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/11/paragraph/2/1/enacted) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
- (5) Monitor must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
##### 3
@@ -16207,13 +16178,13 @@
- (c) state how payment of the penalty may be made,
- (d) state the period (“the payment period”) within which payment must be made,
- (d) state the period (“*the payment period*”) within which payment must be made,
- (e) state any discount applicable for early payment of the penalty,
- (f) set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and
- (g) explain the right of appeal conferred by paragraph [6](https://www.legislation.gov.uk/ukpga/2012/7/schedule/11/paragraph/6/enacted).
- (g) explain the right of appeal conferred by paragraph 6.
- (4) The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.
@@ -16283,7 +16254,7 @@
- (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
- (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
#### Variation of terms
@@ -16295,7 +16266,7 @@
##### 12
- (1) Where Monitor is satisfied that an enforcement undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).
- (1) Where Monitor is satisfied that an enforcement undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “*compliance certificate*”).
- (2) A person who has given an enforcement undertaking may at any time make an application to Monitor for a compliance certificate.
@@ -16315,7 +16286,7 @@
- (c) unfair or unreasonable.
- (3) On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have effect.
- (3) On an appeal under this paragraph, the Tribunal may confirm Monitor's decision or direct that it is not to have effect.
#### Inaccurate, incomplete or misleading information
@@ -16335,7 +16306,7 @@
- (1) A reference under section 120 must specify—
- (a) Monitor’s reasons for proposing the method to which the reference relates, and
- (a) Monitor's reasons for proposing the method to which the reference relates, and
- (b) its representations as to why the grounds referred to in section 121(4) do not apply.
@@ -16347,17 +16318,17 @@
- (3) The notice must be accompanied by a copy of the reference.
- (4) In this Schedule, “objector” means—
- (a) in relation to a reference made where the condition in section 120[(2)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/120/2/a/enacted) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and
- (b) in relation to a reference made where the condition in section 120[(2)(b)](https://www.legislation.gov.uk/ukpga/2012/7/section/120/2/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2012/7/section/120/2/c/enacted) is not met, each relevant provider who objected to that proposed method.
- (4) In this Schedule, “*objector*” means—
- (a) in relation to a reference made where the condition in section 120(2)(a) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and
- (b) in relation to a reference made where the condition in section 120(2)(b) or (c) is not met, each relevant provider who objected to that proposed method.
#### Representations by objectors
##### 2
- (1) If an objector wishes to make representations to the Competition Commission on the matters specified in the reference for the purposes of paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/1/1/enacted), the objector must do so before the end of the period of 10 working days beginning with the day on which the objector receives the notice under paragraph [1(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/1/2/enacted).
- (1) If an objector wishes to make representations to the Competition Commission on the matters specified in the reference for the purposes of paragraph 1(1), the objector must do so before the end of the period of 10 working days beginning with the day on which the objector receives the notice under paragraph 1(2).
- (2) The objector must give Monitor a copy of the representations.
@@ -16365,7 +16336,7 @@
- (4) Monitor must send a copy of its reply to the objector who made the representations.
- (5) In this Schedule, “working day” means any day other than—
- (5) In this Schedule, “*working day*” means any day other than—
- (a) a Saturday or a Sunday,
@@ -16383,7 +16354,7 @@
- (b) making a determination on the reference;
- (c) giving directions and taking other steps to give effect to the Commission’s determination on the reference.
- (c) giving directions and taking other steps to give effect to the Commission's determination on the reference.
- (2) A group selected under this paragraph must consist of three members of the Commission.
@@ -16465,25 +16436,25 @@
- (b) to give evidence at that time and place to a group with that function.
- (5) At an oral hearing, the group conducting the hearing may require a person who comes within sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/7/6/enacted), if present at the hearing, to give evidence or to make representations.
- (5) At an oral hearing, the group conducting the hearing may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.
- (6) A person comes within this sub-paragraph if the person is—
- (a) an objector who has made representations in accordance with paragraph [2](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/2/enacted),
- (a) an objector who has made representations in accordance with paragraph 2,
- (b) a person attending the hearing as a representative of a person mentioned in paragraph (a), or
- (c) a person attending the hearing as a representative of Monitor.
- (7) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/7/6/enacted).
- (8) If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/12/paragraph/7/5/enacted)—
- (7) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).
- (8) If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—
- (a) the Competition Commission is not obliged to require the person to attend the hearing, and
- (b) the group conducting the hearing may make a determination on the reference without hearing that person’s evidence or representations.
- (9) Where a person is required under this paragraph to attend at a place more than 10 miles from that person’s place of residence, the Competition Commission must pay the person the necessary expenses of attending.
- (b) the group conducting the hearing may make a determination on the reference without hearing that person's evidence or representations.
- (9) Where a person is required under this paragraph to attend at a place more than 10 miles from that person's place of residence, the Competition Commission must pay the person the necessary expenses of attending.
#### Written statements
@@ -16495,13 +16466,13 @@
- (3) The written statement must be verified in accordance with a statement of truth.
- (4) In this paragraph and paragraph 9, “statement of truth” means a statement that the person producing the document which includes the statement believes the matters stated as facts in the document to be true.
- (4) In this paragraph and paragraph 9, “*statement of truth*” means a statement that the person producing the document which includes the statement believes the matters stated as facts in the document to be true.
#### Defaults in relation to evidence
##### 9
- (1) This paragraph applies if a person (“the defaulter”)—
- (1) This paragraph applies if a person (“*the defaulter*”)—
- (a) fails to comply with a notice or other requirement under paragraph 6, 7 or 8,
@@ -16513,7 +16484,7 @@
- (3) The High Court may inquire into a matter so certified.
- (4) If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter’s defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.
- (4) If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter's defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.
#### General provisions relating to evidence
@@ -16521,7 +16492,7 @@
- (1) No person may be compelled to give evidence under paragraph 6, 7 or 8 which the person could not be compelled to give in civil proceedings in the High Court.
- (2) A notice under paragraph 6, 7 or 8 may be given on the Competition Commission’s behalf by a member of the Commission or its secretary.
- (2) A notice under paragraph 6, 7 or 8 may be given on the Competition Commission's behalf by a member of the Commission or its secretary.
#### Procedural rules
@@ -16593,11 +16564,7 @@
- (1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
- (a) at the appropriate place insert—
> - Monitor.
, and
- (a) at the appropriate place insert— “ Monitor. ”, and
- (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
@@ -16617,11 +16584,7 @@
- (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
- (a) at the appropriate place insert—
> - Chair or other member of Monitor.
, and
- (a) at the appropriate place insert— “ Chair or other member of Monitor. ”, and
- (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
@@ -16633,11 +16596,7 @@
- (1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
- (a) at the appropriate place insert—
> - Chair or other member of Monitor.
, and
- (a) at the appropriate place insert— “ Chair or other member of Monitor. ”, and
- (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
@@ -16649,11 +16608,7 @@
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
- (a) at the appropriate place insert—
> - Monitor.
, and
- (a) at the appropriate place insert— “ Monitor. ”, and
- (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
@@ -16679,7 +16634,7 @@
In section 275(1) (general interpretation), at the appropriate place, insert—
> - “the regulator” means Monitor,
> “*the regulator*” means Monitor,
.
@@ -16743,328 +16698,163 @@
##### 1
The National Health Service Act 2006 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule 4 (NHS trusts)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
In section 9 (NHS contracts), omit subsection (3).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 5
In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for subsection (4) substitute—
> (4) For the purposes of subsection (3), an agreement is an externally financed development agreement if it is certified as such by the Secretary of State.
> (4A) The Secretary of State may give a certificate under subsection (4) if—
> (a) in the opinion of the Secretary of State, the purpose or main purpose of the agreement is the provision of facilities or services in connection with the discharge by the NHS foundation trust of any of its functions, and
> (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.
> (4B) In subsection [(4A)(b)](#p01069), “another party” means any party to the agreement other than the NHS foundation trust.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
In section 42 (public dividend capital), after subsection (1) insert—
> (1A) The reference in subsection (1) to an NHS trust is a reference to an NHS trust which was established under section 25 of this Act before its repeal by section 179 of the Health and Social Care Act 2012.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
In section 51 (trust funds and trustees), omit subsection (4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
In section 56 (mergers of NHS foundation trusts)—
- (a) in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and
- (b) in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9
In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—
- (a) in subsection (1)(b), omit “or an NHS trust established under section 25”,
- (b) in subsection (2), omit “(that is an NHS foundation trust)”, and
- (c) in subsection (3), omit paragraph (a) (and the following “and”).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 10
In section 57 (mergers, acquisitions and separation of NHS foundation trusts) (as amended by sections 172 and 173[(2)(a)](https://www.legislation.gov.uk/ukpga/2012/7/section/173/2/a/enacted))—
- (a) in subsection (3)(a), omit “, an NHS trust established under section 25”,
- (b) in subsection (4), omit “or an NHS trust established under section 25”, and
- (c) omit subsection (5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 11
In section 65(1) (interpretation for provisions about NHS foundation trusts), in the definition of “health service body”, omit “an NHS trust,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 12
In section 65A(1) (application of trust special administration regime), omit paragraph (a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 13
- (1) Omit section 65B (appointment of trust special administrator in relation to NHS trust).
- (2) In consequence of that repeal, omit section 174(2) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 14
Omit section 65C (suspension of directors of NHS trust).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 15
- (1) Section 65F (special administrator’s draft report) is amended as follows.
- (2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.
- (3) In subsection (2)(b)—
- (a) omit “goods or”, and
- (b) for “the Secretary of State” substitute “the regulator”.
- (4) After subsection (2) insert—
> (2A) The administrator may not provide the draft report to the regulator under subsection (1)—
> (a) without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or
> (b) where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
> (2B) Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
> (a) give a notice of the reasons for its decision to the administrator and to the regulator;
> (b) publish the notice;
> (c) lay a copy of it before Parliament.
> (2C) In subsection (2A), “commissioner” means a person to which the trust provides services under this Act.
- (5) In subsection (3), for “the Secretary of State” substitute “the regulator”.
- (6) Omit subsections (4) to (7).
- (7) In consequence of those repeals, omit section 176(2) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 16
In section 65G (consultation plan), in subsection (4), omit “In the case of an NHS foundation trust,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
- (1) Section 65H (consultation on draft report) is amended as follows.
- (2) In subsection (7)—
- (a) in paragraph (b), omit “goods or”, and
- (b) in paragraphs (c) and (d), for “the Secretary of State” substitute “the regulator”.
- (3) In subsection (10), for “The Secretary of State” substitute “The regulator”.
- (4) After that subsection insert —
> (10A) The Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.
- (5) Omit subsections (12) and (13).
- (6) In consequence of those repeals, omit section 176(7) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 18
- (1) Section 65I (administrator’s final report) is amended as follows.
- (2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.
- (3) In subsection (3), for “the Secretary of State” substitute “the regulator”.
- (4) Omit subsection (4).
- (5) In consequence of that repeal, omit section 176(8) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 19
- (1) Section 65J (power to extend time limits) is amended as follows.
- (2) In subsection (2), for “the Secretary of State”, in each place it appears, substitute “the regulator”.
- (3) Omit subsection (5).
- (4) In consequence of that repeal, omit section 176(9) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 20
- (1) Omit section 65K (decision on action to take in relation to the trust) and the preceding cross-heading.
- (2) In consequence of those repeals, omit section 177(1) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 21
- (1) Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows.
- (2) In subsection (1), omit “relating to an NHS foundation trust”.
- (3) In subsection (5), for “the trust” substitute “the NHS foundation trust in question”.
- (4) For the title to that section substitute “The regulator’s decision”.
- (5) Before that section, insert as a cross-heading “Action by the regulator and the Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 22
- (1) Section 65L (trusts coming out of administration) is amended as follows.
- (2) In subsection (1)—
- (a) for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and
- (b) for “the trust” substitute “the NHS foundation trust in question”.
- (3) In subsection (2)—
- (a) for “The Secretary of State” substitute “The regulator”, and
- (b) for “and directors” substitute “, directors and governors”.
- (4) Omit subsections (2A), (2B) and (6).
- (5) In consequence of the repeal of subsections (2A) and (2B) of that section, omit section 177(3) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 23
- (1) Section 65M (replacement of special administrator) is amended as follows.
- (2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.
- (3) In subsection (2), for “the Secretary of State” substitute “the regulator”.
- (4) Omit subsection (3).
- (5) In consequence of that repeal, omit section 178(1) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24
- (1) Section 65N (guidance) is amended as follows.
- (2) In subsection (1), for “The Secretary of State” substitute “The regulator”.
- (3) Omit subsection (4).
- (4) In consequence of that repeal, omit section 178(3) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 25
In section 66 (intervention orders) (as amended by paragraph 8(1) of Schedule 21), in subsection (1), omit paragraph (a) and the “and” following it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 26
In section 68 (default powers) (as amended by paragraph [10(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/21/paragraph/10/1/enacted) of Schedule 21), in subsection (1), omit paragraph (a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 27
- (1) In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit “an NHS trust or”.
- (2) For the title to section 70 substitute “Transfer of residual liabilities of Special Health Authorities”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 28
In section 71 (schemes for meeting losses etc. of certain health bodies) (as amended by paragraph [18](https://www.legislation.gov.uk/ukpga/2012/7/schedule/4/paragraph/18/enacted) of Schedule 4)—
- (a) in subsection (2), omit paragraph (c),
- (b) in subsections (3) and (6), omit “NHS trust,”, and
- (c) in subsection (5), omit “(c),”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 29
In section 77 (Care Trusts) (as amended by section 200)—
- (a) in subsection (1)(a) omit “an NHS Trust or”, and
- (b) in subsections (10) and (12) omit “NHS trust or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 30
Omit sections 78 and 79 (directed partnership arrangements).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31
In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 32
In section 186(2) (charges for repairs and replacements in certain cases), omit “an NHS trust”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33
In section 196(3) (bodies to which provisions about protection from fraud etc. relate), omit paragraph (d).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 34
In section 217(1) (supplementary provisions about trusts), omit paragraph (h).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 35
In section 242 (public involvement and consultation)—
- (a) in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS trusts”,
- (b) in subsection (1A), in the definition of “relevant English body”, omit paragraph (c),
- (c) in that subsection, omit the definition of “relevant Welsh body”, and
- (d) in subsection (2), for “relevant Welsh body” substitute “NHS trust”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 36
In section 272 (orders, regulations, rules and directions)—
- (a) in subsection (3), omit paragraph (e), and
- (b) omit subsection (5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 37
In section 275 (interpretation), in subsection (1), in the definition of “NHS trust”, for “includes” substitute “means”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 38
In section 276 (index of defined expressions), omit the entry for “NHS trust order”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 39
- (1) Schedule 15 (accounts and audit) is amended as follows.
- (2) In paragraph 1—
- (a) in sub-paragraph (1) omit paragraphs (d) and (e), and
- (b) omit sub-paragraph (3).
- (3) In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.
- (4) In paragraph 5—
- (a) in sub-paragraph (1) for “neither a Special Health Authority nor NHS Direct” substitute “not a Special Health Authority”, and
- (b) in sub-paragraph (3) for “NHS body that is a Special Health Authority or NHS Direct” substitute “Special Health Authority”.
- (5) In paragraph 6—
- (a) in sub-paragraph (1) for “an NHS body that is a Special Health Authority or NHS Direct” substitute “a Special Health Authority”, and
- (b) in sub-paragraph (3) for “body” substitute “Special Health Authority”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 40
In consequence of the repeal of section 56(6) by section 168(6) of this Act, omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 2 — Amendments of other Acts
@@ -17072,460 +16862,420 @@
##### 41
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions), in the definition of “NHS trust” omit “the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public Bodies (Admission to Meetings) Act 1960 (c. 67)
##### 42
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Abortion Act 1967 (c. 87)
##### 43
In section 1(3) of the Abortion Act 1967 (location of treatment for termination of pregnancy) after “National Health Service trust” insert “established under section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
##### 44
In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act 1969 (NHS bodies exempted from insurance requirement), omit “section 25 of the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government Act 1972 (c. 70)
##### 45
In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### House of Commons Disqualification Act 1975 (c. 24)
##### 46
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), in the entry for National Health Service trusts omit “the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Acquisition of Land Act 1981 (c. 67)
##### 47
The Acquisition of Land Act 1981 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 48
In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase), omit “section 25 of the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 49
In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Mental Health Act 1983 (c. 20)
##### 50
In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of the Act), omit “the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
##### 51
In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Copyright, Designs and Patents Act 1988 (c. 48)
##### 52
In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6) omit “section 25 of the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health and Medicines Act 1988 (c. 49)
##### 53
In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Road Traffic Act 1988 (c. 52)
##### 54
In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third party insurance), omit “section 25 of the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Access to Health Records Act 1990 (c. 23)
##### 55
In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Water Industry Act 1991 (c. 56)
##### 56
In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### London Local Authorities Act 1991 (c. xiii)
##### 57
In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Social Security Contributions and Benefits Act 1992 (c. 4)
##### 58
The Social Security Contributions and Benefits Act 1992 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 59
In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 60
In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 61
In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 62
In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health Service Commissioners Act 1993 (c. 46)
##### 63
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the Commissioner), omit paragraph (d).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Vehicle Excise and Registration Act 1994 (c. 22)
##### 64
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Value Added Tax Act 1994 (c. 23)
##### 65
The Value Added Tax Act 1994 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 66
In section 41(7) (definition of “government department”), for “Part I of that Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 67
In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
- (a) in the Notes for group 12 (drugs, medicines, aids for the handicapped), in paragraph (e) of Note (5H) omit “the National Health Service Act 2006 or”, and
- (b) in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4 for “Part I of the National Health Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employment Rights Act 1996 (c. 18)
##### 68
The Employment Rights Act 1996 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 69
In section 50(8)(a) (right of employees of NHS trusts to time off for public duties), omit “section 25 of the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 70
In section 218(10)(c) (change of employer) omit “the National Health Service Act 2006 or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Audit Commission Act 1998 (c. 18)
##### 71
The Audit Commission Act 1998 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 72
Omit section 33(8)(c) (bodies not subject to certain Commission studies).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 73
In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National Health Service Trust”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Data Protection Act 1998 (c. 29)
##### 74
In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health Act 1999 (c. 8)
##### 75
In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend capital), in subsection (5) after the definition of “initial loan” insert—
> - “NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by section 179 of the Health and Social Care Act 2012.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Greater London Authority Act 1999 (c. 29)
##### 76
Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Care Standards Act 2000 (c. 14)
##### 77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Freedom of Information Act 2000 (c. 36)
##### 81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### International Development Act 2002 (c. 1)
##### 82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Nationality, Immigration and Asylum Act 2002 (c. 41)
##### 83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
##### 84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Finance Act 2003 (c. 14)
##### 85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Licensing Act 2003 (c. 17)
##### 88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
##### 89
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 90
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Finance Act 2004 (c. 12)
##### 94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Domestic Violence, Crime and Victims Act 2004 (c. 28)
##### 95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Children Act 2004 (c. 31)
##### 96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 97
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Civil Contingencies Act 2004 (c. 36)
##### 100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### National Health Service (Wales) Act 2006 (c. 42)
##### 101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
##### 102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government and Public Involvement in Health Act 2007 (c. 28)
##### 103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Criminal Justice and Immigration Act 2008 (c. 4)
##### 107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health and Social Care Act 2008 (c. 14)
##### 108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Autism Act 2009 (c. 15)
##### 111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Health Act 2009 (c. 21)
##### 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Corporation Tax Act 2010 (c. 4)
##### 115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Equality Act 2010 (c. 15)
##### 116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charities Act 2011 (c. 25)
##### 117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 119
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## SCHEDULE 15
## PART 1 — Abolition of The General Social Care Council
#### Amendments to the Care Standards Act 2000 (c. 14)
##### 1
The Care Standards Act 2000 is amended as follows.
##### 78
In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS bodies” omit the words from “all or most” to the end.
##### 79
In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit the words from “all or most” to the end.
##### 80
In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for Wales), in paragraph 4 omit the words from “all or most” to the end.
#### Freedom of Information Act 2000 (c. 36)
##### 81
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
#### International Development Act 2002 (c. 1)
##### 82
In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts, omit “the National Health Service Act 2006,”.
#### Nationality, Immigration and Asylum Act 2002 (c. 41)
##### 83
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service Act 2006 or”.
#### Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
##### 84
In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
#### Finance Act 2003 (c. 14)
##### 85
The Finance Act 2003 is amended as follows.
##### 86
In section 61(3) (bodies that are public authorities for purpose of requirement to comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
##### 87
In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
#### Licensing Act 2003 (c. 17)
##### 88
In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006 or”.
#### Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
##### 89
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
##### 90
In section 148 (interpretation of Part 2)—
- (a) in the definition of “English NHS body” omit paragraph (c), and
- (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
##### 91
In section 160 (provision of information in personal injury cases), in subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
##### 92
In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the definition of “relevant ambulance trust”—
- (a) before paragraph (a) insert—
> (za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment,
,
- (b) in paragraph (a) omit “England or”,
- (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
- (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
##### 93
In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.
#### Finance Act 2004 (c. 12)
##### 94
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”, in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
#### Domestic Violence, Crime and Victims Act 2004 (c. 28)
##### 95
In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health Service Act 2006 or”.
#### Children Act 2004 (c. 31)
##### 96
The Children Act 2004 is amended as follows.
##### 97
In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).
##### 98
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
##### 99
In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words from “all or most” to the end.
#### Civil Contingencies Act 2004 (c. 36)
##### 100
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
#### National Health Service (Wales) Act 2006 (c. 42)
##### 101
In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation), omit the definition of “NHS trust”.
#### Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
##### 102
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
#### Local Government and Public Involvement in Health Act 2007 (c. 28)
##### 103
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
##### 104
In section 222 (arrangements regarding local involvement networks)—
- (a) omit subsection (3)(b), and
- (b) omit subsection (4)(d).
##### 105
In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
##### 106
In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
#### Criminal Justice and Immigration Act 2008 (c. 4)
##### 107
In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in the definition of “relevant English NHS body”—
- (a) omit paragraph (a), and
- (b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or” preceding that paragraph).
#### Health and Social Care Act 2008 (c. 14)
##### 108
The Health and Social Care Act 2008 is amended as follows.
##### 109
In section 97(1) (general interpretation of Part 1)—
- (a) in the definition of “English NHS body” omit paragraph (c), and
- (b) in the definition of “English NHS provider” omit paragraph (b).
##### 110
In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial assistance), omit paragraph (c).
#### Autism Act 2009 (c. 15)
##### 111
In section 4(1) of the Autism Act 2009 (interpretation), in the definition of “NHS body”, omit paragraph (c).
#### Health Act 2009 (c. 21)
##### 112
The Health Act 2009 is amended as follows.
##### 113
In section 2(2) (bodies with duty to have regard to NHS Constitution) omit paragraph (c).
##### 114
In section 8(2) (bodies with duty to publish information on quality of services) omit paragraph (b).
#### Corporation Tax Act 2010 (c. 4)
##### 115
In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table, in the entry for a National Health Service trust, omit “section 25 of the National Health Service Act 2006 or”.
#### Equality Act 2010 (c. 15)
##### 116
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service, omit the entry for an NHS trust.
#### Charities Act 2011 (c. 25)
##### 117
The Charities Act 2011 is amended as follows.
##### 118
In section 149 (audit or examination of English NHS charity accounts), in subsection (7), omit paragraphs (c), (d) and (e).
##### 119
In section 150 (audit or examination of Welsh NHS charity accounts), in subsection (4)—
- (a) in paragraph (b), omit the words from “all or most” to the end,
- (b) in paragraph (c), omit “falling within paragraph (b)”, and
- (c) in paragraph (d), omit “such”.
## SCHEDULE 15
## PART 1 — Abolition of The General Social Care Council
#### Amendments to the Care Standards Act 2000 (c. 14)
##### 1
The Care Standards Act 2000 is amended as follows.
##### 2
In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)—
@@ -17596,13 +17346,13 @@
##### 12
In section 64 (qualifications gained outside Council’s area)—
In section 64 (qualifications gained outside Council's area)—
- (a) in subsection (A1), for “a Council” substitute “the Welsh Council”,
- (b) omit subsection (1), and
- (c) for the title substitute “Qualifications gained outside the Welsh Council’s area”.
- (c) for the title substitute “Qualifications gained outside the Welsh Council's area”.
##### 13
@@ -17689,7 +17439,7 @@
- (a) for “An authority” substitute “The Welsh Council”, and
- (b) for “an authority’s” substitute “the Council’s”.
- (b) for “an authority's” substitute “the Council's”.
##### 29
@@ -17949,7 +17699,7 @@
- (2) In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
> - “the Council” means the Care Council for Wales.
> “*the Council*” means the Care Council for Wales.
- (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for “the appropriate Council” substitute “the Council”.
@@ -18005,7 +17755,7 @@
- (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council.
- (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
- (3) In sub-paragraph (2), “*enactment*” means an enactment contained in, or in an instrument made under—
- (a) an Act of Parliament,
@@ -18017,289 +17767,705 @@
##### 54
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—
> - The Health and Care Professions Council
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.
##### 55
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.
##### 56
In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
- (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
- (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
- (c) section 4(4)(a) of the Health (Wales) Act 2003,
- (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
- (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
- (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
##### 57
In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—
> (a) the Health and Care Professions Council;
.
##### 55
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—
> - The Health and Care Professions Council
##### 58
After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
> (6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
## PART 3 — The Professional Standards Authority for Health and Social Care
#### General
##### 59
- (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care.
- (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
- (3) In sub-paragraph (2), “*enactment*” means an enactment contained in, or in an instrument made under—
- (a) an Act of Parliament,
- (b) an Act of the Scottish Parliament,
- (c) an Act or Measure of the National Assembly for Wales, or
- (d) Northern Ireland legislation.
#### Health Act 1999 (c. 8)
##### 60
In section 60(1) of the Health Act 1999—
- (a) in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
- (b) in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
##### 61
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.
#### National Health Service Reform and Health Care Professions Act 2002 (c. 17)
##### 62
In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—
- (a) section 25(2), (2A) and (4),
- (b) section 26(1), (2), (3) and (4),
- (c) section 26A(1) (in each place it appears) and (2),
- (d) section 26B(1) and (4) (in each case, in each place it appears),
- (e) section 27(1), (2), (4), (10) and (14),
- (f) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
- (g) section 29(4) and (7) (in each case, in each place it appears),
- (h) in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
- (i) the title of each of sections 26, 27 and 29, and
- (j) the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
##### 63
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.
##### 64
Omit section 26(12) of that Act.
##### 65
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council's” substitute “Authority's”.
##### 66
For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.
#### Other Acts, etc.
##### 67
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
##### 68
In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
- (a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
- (b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and
- (c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.
##### 69
- (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—
- (a) Schedule 1 to the Public Records Act 1958,
- (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
- (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
- (d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
- (2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert— “ The Professional Standards Authority for Health and Social Care ”.
- (3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
## PART 4 — The Office of the Health Professions Adjudicator
#### Miscellaneous amendments
##### 70
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
##### 71
- (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
- (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
- (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
- (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
- (d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).
- (2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case.
- (3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
- (4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).
#### Amendments to the Health Act 1999 (c. 8)
##### 72
- (1) The Health Act 1999 is amended as follows.
- (2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
- (3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008.
- (4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”.
- (5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
#### Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)
##### 73
- (1) In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)—
- (a) in paragraph (c), omit “otherwise than by reason of his physical or mental health”, and
- (b) in paragraph (f), omit the words from “, other than a direction” to the end.
- (2) In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.
#### Amendments to the Health Act 2006 (c. 28)
##### 74
- (1) Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it.
- (2) Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions).
- (3) In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.
#### Amendments to the Health and Social Care Act 2008 (c. 14)
##### 75
- (1) The Health and Social Care Act 2008 is amended as follows.
- (2) In section 128 (interpretation), omit the definition of “the OHPA”.
- (3) In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4).
- (4) In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.
#### Savings
##### 76
- (1) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs.
- (2) Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes—
- (a) the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State,
- (b) the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and
- (c) the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State.
- (3) Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
##### 77
A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.
##### 78
In paragraphs 76 and 77—
- “*abolition*” means the commencement of section 231(1);
- “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- “*the OHPA*” means the Office of the Health Professions Adjudicator.
## SCHEDULE 16
#### Membership, appointment, etc.
##### 1
- (1) NICE consists of—
- (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “*non-executive members*”), and
- (b) at least three but not more than five other members appointed by the non-executive members (referred to in this Schedule as the “*executive members*”).
- (2) One of the non-executive members must be appointed as the chair.
- (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.
- (4) The executive members are employees of NICE.
- (5) Regulations may—
- (a) prescribe the number of executive members (subject to sub-paragraph (1)(b)), and
- (b) provide that all or any of the executive members (other than the chief executive) must hold posts of descriptions specified in the regulations.
#### Tenure of non-executive office
##### 2
- (1) The chair and other non-executive members—
- (a) hold and vacate office in accordance with the terms of their appointments, but
- (b) may resign office by giving notice to the Secretary of State.
- (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds—
- (a) incapacity,
- (b) misbehaviour, or
- (c) failure to carry out his or her duties as a non-executive member.
- (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
- (4) A non-executive member may not be appointed for a period of more than four years.
- (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
#### Suspension from non-executive office
##### 3
- (1) This paragraph applies where a person is suspended under paragraph 2(3).
- (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
- (3) The notice may be—
- (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
- (b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (4) The initial period of suspension must not exceed six months.
- (5) The Secretary of State may at any time review the suspension.
- (6) The Secretary of State—
- (a) must review the suspension if requested in writing by the person to do so, but
- (b) need not review the suspension less than three months after the beginning of the initial period of suspension.
- (7) Following a review during a period of suspension, the Secretary of State may—
- (a) revoke the suspension, or
- (b) suspend the person for another period of not more than six months from the expiry of the current period.
- (8) The Secretary of State must revoke the suspension if the Secretary of State—
- (a) decides that there are no grounds to remove the person from office under paragraph 2(2), or
- (b) decides that there are grounds to do so but does not remove the person from office under that provision.
##### 4
- (1) This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).
- (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair's functions.
- (3) The interim chair—
- (a) holds and vacates office in accordance with the terms of the appointment, but
- (b) may resign office by giving notice in writing to the Secretary of State.
- (4) Appointment as interim chair is for a term not exceeding the shorter of—
- (a) the period ending with either—
- (i) the appointment of a new chair, or
- (ii) the revocation or expiry of the existing chair's suspension, and
- (b) the remainder of the interim chair's term as a non-executive member.
- (5) A person who ceases to be the interim chair is eligible for re-appointment.
#### Remuneration etc. of non-executive members
##### 5
- (1) NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
- (2) NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
- (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount as the Secretary of State may determine.
#### Staff
##### 6
- (1) NICE may appoint such persons to be employees of NICE as it considers appropriate.
- (2) Employees of NICE are to be paid such remuneration and allowances as NICE may determine.
- (3) Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.
- (4) NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of NICE.
- (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.
#### Committees
##### 7
- (1) NICE may appoint such committees and sub-committees as it considers appropriate.
- (2) A committee or sub-committee may consist of or include persons who are not members or employees of NICE.
- (3) NICE may pay such remuneration and allowances as it may determine to any person who—
- (a) is a member of a committee or sub-committee, but
- (b) is not an employee of NICE,
whether or not that person is a non-executive member of NICE.
#### Procedure
##### 8
- (1) NICE may regulate its own procedure.
- (2) But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee.
- (3) The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.
#### Exercise of functions
##### 9
NICE may arrange for the exercise of its functions on its behalf by—
- (a) a non-executive member;
- (b) an employee (including an executive member);
- (c) a committee or sub-committee.
#### General powers
##### 10
- (1) NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
- (2) But, except as provided by paragraph 11(3), NICE has no power to borrow money.
- (3) NICE may do any of the following only with the approval of the Secretary of State—
- (a) form, or participate in the forming of, companies,
- (b) invest in companies (whether by acquiring assets, securities or rights or otherwise), and
- (c) provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
- (4) The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate.
- (5) In this paragraph “*company*” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
#### Finance
##### 11
- (1) The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
- (2) Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
- (3) The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.
#### Reports
##### 12
- (1) As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year.
- (2) NICE must—
- (a) lay a copy of the report before Parliament, and
- (b) once it has done so, send a copy of it to the Secretary of State.
- (3) NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE's functions as the Secretary of State may require.
- (4) In this paragraph and paragraph 14 “*financial year*” means—
- (a) the period beginning on the day on which section 232 comes into force and ending on the following 31 March;
- (b) each successive period of 12 months.
#### Accounts
##### 13
- (1) NICE must keep proper accounts and proper records in relation to the accounts.
- (2) The Secretary of State may, with the approval of the Treasury, give directions to NICE as to—
- (a) the content and form of its accounts, and
- (b) the methods and principles to be applied in the preparation of its accounts.
- (3) In sub-paragraph (2) a reference to accounts includes NICE's annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
##### 14
- (1) NICE must prepare annual accounts in respect of each financial year.
- (2) NICE must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
- (a) examine, certify and report on the annual accounts, and
- (b) lay copies of them and the report before Parliament.
##### 15
- (1) The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
- (2) NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
- (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
- (b) if the Secretary of State so directs—
- (i) send a copy of the report on the accounts to the Secretary of State, and
- (ii) lay copies of them and the report before Parliament.
#### Seal and evidence
##### 16
- (1) The application of NICE's seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under NICE's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
#### Status
##### 17
- (1) NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
- (2) NICE's property must not be regarded as property of, or property held on behalf of, the Crown.
## SCHEDULE 17
#### Public Bodies (Admission to Meetings) Act 1960 (c. 67)
##### 1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—
> (n) the National Institute for Health and Care Excellence;
.
##### 56
In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
- (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
- (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
- (c) section 4(4)(a) of the Health (Wales) Act 2003,
- (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
- (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
- (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
##### 57
In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—
> (a) the Health and Care Professions Council;
#### Parliamentary Commissioner Act 1967 (c. 13)
##### 2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ National Institute for Health and Care Excellence. ”
#### Local Government Act 1972 (c. 70)
##### 3
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—
- (a) after “agreement with” insert “the National Institute for Health and Care Excellence,”,
- (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
- (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
#### House of Commons Disqualification Act 1975 (c. 24)
##### 4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”
#### Northern Ireland Assembly Disqualification Act 1975 (c. 25)
##### 5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”
#### Employment Rights Act 1996 (c. 18)
##### 6
- (1) The Employment Rights Act 1996 is amended as follows.
- (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
> (ac) the National Institute for Health and Care Excellence,
.
##### 58
After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
> (6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
## PART 3 — The Professional Standards Authority for Health and Social Care
#### General
##### 59
- (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care.
- (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
- (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
- (a) an Act of Parliament,
- (b) an Act of the Scottish Parliament,
- (c) an Act or Measure of the National Assembly for Wales, or
- (d) Northern Ireland legislation.
#### Health Act 1999 (c. 8)
##### 60
In section 60(1) of the Health Act 1999—
- (a) in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
- (b) in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
##### 61
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.
#### National Health Service Reform and Health Care Professions Act 2002 (c. 17)
##### 62
In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—
- (a) section 25(2), (2A) and (4),
- (b) section 26(1), (2), (3) and (4),
- (c) section 26A(1) (in each place it appears) and (2),
- (d) section 26B(1) and (4) (in each case, in each place it appears),
- (e) section 27(1), (2), (4), (10) and (14),
- (f) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
- (g) section 29(4) and (7) (in each case, in each place it appears),
- (h) in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
- (i) the title of each of sections 26, 27 and 29, and
- (j) the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
##### 63
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.
##### 64
Omit section 26(12) of that Act.
##### 65
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council’s” substitute “Authority’s”.
##### 66
For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.
#### Other Acts, etc.
##### 67
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
##### 68
In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
- (a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
- (b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and
- (c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.
##### 69
- (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—
- (a) Schedule 1 to the Public Records Act 1958,
- (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
- (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
- (d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
- (2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert—
> - The Professional Standards Authority for Health and Social Care
- (3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
> (cc) the National Institute for Health and Care Excellence,
.
- (3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
## PART 4 — The Office of the Health Professions Adjudicator
#### Miscellaneous amendments
##### 70
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
##### 71
- (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
- (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
- (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
- (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
- (d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 ([S.I. 2007/2951](https://www.legislation.gov.uk/uksi/2007/2951)).
- (2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case.
- (3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
- (4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).
#### Amendments to the Health Act 1999 (c. 8)
##### 72
- (1) The Health Act 1999 is amended as follows.
- (2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
- (3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008.
- (4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”.
- (5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
#### Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)
##### 73
- (1) In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)—
- (a) in paragraph (c), omit “otherwise than by reason of his physical or mental health”, and
- (b) in paragraph (f), omit the words from “, other than a direction” to the end.
- (2) In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.
#### Amendments to the Health Act 2006 (c. 28)
##### 74
- (1) Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it.
- (2) Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions).
- (3) In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.
#### Amendments to the Health and Social Care Act 2008 (c. 14)
##### 75
#### Data Protection Act 1998 (c. 29)
##### 7
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—
> (fb) the National Institute for Health and Care Excellence,
.
#### Freedom of Information Act 2000 (c. 36)
##### 8
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”
#### International Development Act 2002 (c. 1)
##### 9
In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert— “ The National Institute for Health and Care Excellence. ”
#### National Health Service Act 2006 (c. 41)
##### 10
- (1) The National Health Service Act 2006 is amended as follows.
- (2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—
> (ka) NICE,
.
- (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—
> (da) NICE,
.
- (4) In section 72 (co-operation between NHS bodies)—
- (a) the existing text becomes subsection (1), and
- (b) after that subsection insert—
> (2) For the purposes of this section, NICE is an NHS body.
- (5) In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
> “*NICE*” means the National Institute for Health and Care Excellence;
.
#### National Health Service (Wales) Act 2006 (c. 42)
##### 11
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—
> (ka) the National Institute for Health and Care Excellence,
.
#### Health and Social Care Act 2008 (c. 14)
##### 12
- (1) The Health and Social Care Act 2008 is amended as follows.
- (2) In section 128 (interpretation), omit the definition of “the OHPA”.
- (3) In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4).
- (4) In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.
#### Savings
##### 76
- (1) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs.
- (2) Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes—
- (a) the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State,
- (b) the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and
- (c) the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State.
- (3) Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
##### 77
A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.
##### 78
In paragraphs 76 and 77—
- “abolition” means the commencement of section 231(1);
- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- “the OHPA” means the Office of the Health Professions Adjudicator.
## SCHEDULE 16
- (2) Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading.
- (3) In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
- (a) at the end of paragraph (a) insert “or”, and
- (b) omit paragraph (c) and the word “or” immediately preceding it.
#### Health Act 2009 (c. 21)
##### 13
In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—
> (da) the National Institute for Health and Care Excellence;
.
#### Equality Act 2010 (c. 15)
##### 14
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The National Institute for Health and Care Excellence. ”
## SCHEDULE 18
#### Membership, appointment, etc.
##### 1
- (1) NICE consists of—
- (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive members”), and
- (b) at least three but not more than five other members appointed by the non-executive members (referred to in this Schedule as the “executive members”).
- (1) The Information Centre consists of—
- (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “*non-executive members*”), and
- (b) not more than five other members appointed by the non-executive members (referred to in this Schedule as the “*executive members*”).
- (2) One of the non-executive members must be appointed as the chair.
- (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.
- (4) The executive members are employees of NICE.
- (5) Regulations may—
- (a) prescribe the number of executive members (subject to sub-paragraph (1)(b)), and
- (b) provide that all or any of the executive members (other than the chief executive) must hold posts of descriptions specified in the regulations.
- (4) The first chief executive is to be appointed by the Secretary of State.
- (5) The executive members are employees of the Information Centre.
#### Tenure of non-executive office
@@ -18319,7 +18485,7 @@
- (c) failure to carry out his or her duties as a non-executive member.
- (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/2/2/enacted).
- (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
- (4) A non-executive member may not be appointed for a period of more than four years.
@@ -18329,7 +18495,7 @@
##### 3
- (1) This paragraph applies where a person is suspended under paragraph [2(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/2/3/enacted).
- (1) This paragraph applies where a person is suspended under paragraph 2(3).
- (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
@@ -18337,7 +18503,7 @@
- (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
- (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (4) The initial period of suspension must not exceed six months.
@@ -18357,15 +18523,15 @@
- (8) The Secretary of State must revoke the suspension if the Secretary of State—
- (a) decides that there are no grounds to remove the person from office under paragraph [2(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/2/2/enacted), or
- (a) decides that there are no grounds to remove the person from office under paragraph 2(2), or
- (b) decides that there are grounds to do so but does not remove the person from office under that provision.
##### 4
- (1) This paragraph applies where a person is suspended from office as the chair under paragraph [2(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/2/3/enacted).
- (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions.
- (1) This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).
- (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair's functions.
- (3) The interim chair—
@@ -18379,9 +18545,9 @@
- (i) the appointment of a new chair, or
- (ii) the revocation or expiry of the existing chair’s suspension, and
- (b) the remainder of the interim chair’s term as a non-executive member.
- (ii) the revocation or expiry of the existing chair's suspension, and
- (b) the remainder of the interim chair's term as a non-executive member.
- (5) A person who ceases to be the interim chair is eligible for re-appointment.
@@ -18389,57 +18555,55 @@
##### 5
- (1) NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
- (2) NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
- (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount as the Secretary of State may determine.
- (1) The Information Centre must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
- (2) The Information Centre must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
- (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the Information Centre must pay compensation to the person of such amount as the Secretary of State may determine.
#### Staff
##### 6
- (1) NICE may appoint such persons to be employees of NICE as it considers appropriate.
- (2) Employees of NICE are to be paid such remuneration and allowances as NICE may determine.
- (3) Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.
- (4) NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of NICE.
- (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/6/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/6/4/enacted), NICE must obtain the approval of the Secretary of State to its policy on that matter.
- (1) The Information Centre may appoint such persons to be employees of the Centre as it considers appropriate.
- (2) Employees of the Information Centre are to be paid such remuneration and allowances as the Centre may determine.
- (3) Employees of the Information Centre are to be appointed on such other terms and conditions as the Centre may determine.
- (4) The Information Centre may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the Centre.
- (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), the Centre must obtain the approval of the Secretary of State to its policy on that matter.
#### Committees
##### 7
- (1) NICE may appoint such committees and sub-committees as it considers appropriate.
- (2) A committee or sub-committee may consist of or include persons who are not members or employees of NICE.
- (3) NICE may pay such remuneration and allowances as it may determine to any person who—
- (1) The Information Centre may appoint such committees and sub-committees as it considers appropriate.
- (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Information Centre.
- (3) The Information Centre may pay such remuneration and allowances as it may determine to any person who—
- (a) is a member of a committee or sub-committee, but
- (b) is not an employee of NICE,
whether or not that person is a non-executive member of NICE.
- (b) is not an employee of the Centre,
whether or not that person is a non-executive member of the Centre.
#### Procedure
##### 8
- (1) NICE may regulate its own procedure.
- (2) But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee.
- (3) The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.
- (1) The Information Centre may regulate its own procedure.
- (2) The validity of any act of the Information Centre is not affected by any vacancy among the members or by any defect in the appointment of a member.
#### Exercise of functions
##### 9
NICE may arrange for the exercise of its functions on its behalf by—
The Information Centre may arrange for any function exercisable by it to be exercised on its behalf by—
- (a) a non-executive member;
@@ -18451,11 +18615,11 @@
##### 10
- (1) NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
- (2) But, except as provided by paragraph [11(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/11/3/enacted), NICE has no power to borrow money.
- (3) NICE may do any of the following only with the approval of the Secretary of State—
- (1) The Information Centre may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
- (2) Except as provided by paragraph 11(3), the Information Centre has no power to borrow money.
- (3) The Information Centre may do any of the following only with the approval of the Secretary of State—
- (a) form, or participate in the forming of, companies,
@@ -18463,37 +18627,37 @@
- (c) provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
- (4) The approval of the Secretary of State may be given for the purposes of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/10/3/enacted) subject to such conditions as the Secretary of State thinks appropriate.
- (5) In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
- (4) The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate.
- (5) In this paragraph “*company*” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
#### Finance
##### 11
- (1) The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
- (2) Payments made under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/11/1/enacted) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
- (3) The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.
- (1) The Secretary of State may make payments to the Information Centre out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
- (2) Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
- (3) The Secretary of State may lend money to the Information Centre on such terms (including as to repayment and interest) as the Secretary of State may determine.
#### Reports
##### 12
- (1) As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year.
- (2) NICE must—
- (1) As soon as practicable after the end of each financial year, the Information Centre must prepare an annual report on how it has exercised its functions during the year.
- (2) The Information Centre must—
- (a) lay a copy of the report before Parliament, and
- (b) once it has done so, send a copy of it to the Secretary of State.
- (3) NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE’s functions as the Secretary of State may require.
- (4) In this paragraph and paragraph [14](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/14/enacted) “financial year” means—
- (a) the period beginning on the day on which section 232 comes into force and ending on the following 31 March;
- (3) The Information Centre must provide the Secretary of State with such other reports and information relating to the exercise of the Centre's functions as the Secretary of State may require.
- (4) In this paragraph and paragraph 14 “*financial year*” means—
- (a) the period beginning on the day on which section 252 comes into force and ending on the following 31 March, and
- (b) each successive period of 12 months.
@@ -18501,21 +18665,21 @@
##### 13
- (1) NICE must keep proper accounts and proper records in relation to the accounts.
- (2) The Secretary of State may, with the approval of the Treasury, give directions to NICE as to—
- (1) The Information Centre must keep proper accounts and proper records in relation to the accounts.
- (2) The Secretary of State may, with the approval of the Treasury, give directions to the Information Centre as to—
- (a) the content and form of its accounts, and
- (b) the methods and principles to be applied in the preparation of its accounts.
- (3) In sub-paragraph (2) a reference to accounts includes NICE’s annual accounts prepared under paragraph [14](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/14/enacted) and any interim accounts prepared by virtue of paragraph [15](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/15/enacted).
- (3) In sub-paragraph (2) a reference to accounts includes the Information Centre's annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
##### 14
- (1) NICE must prepare annual accounts in respect of each financial year.
- (2) NICE must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
- (1) The Information Centre must prepare annual accounts in respect of each financial year.
- (2) The Information Centre must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
@@ -18525,13 +18689,13 @@
##### 15
- (1) The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
- (2) NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
- (1) The Secretary of State may, with the approval of the Treasury, direct the Information Centre to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
- (2) The Information Centre must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
- (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/16/paragraph/15/2/enacted), and
- (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
- (b) if the Secretary of State so directs—
@@ -18543,81 +18707,71 @@
##### 16
- (1) The application of NICE’s seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under NICE’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
- (1) The application of the Information Centre's seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under the Information Centre's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
#### Status
##### 17
- (1) NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
- (2) NICE’s property must not be regarded as property of, or property held on behalf of, the Crown.
## SCHEDULE 17
- (1) The Information Centre must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
- (2) The Information Centre's property must not be regarded as property of, or property held on behalf of, the Crown.
## SCHEDULE 19
#### Public Bodies (Admission to Meetings) Act 1960 (c. 67)
##### 1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—
> (n) the National Institute for Health and Care Excellence;
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
> (o) the Health and Social Care Information Centre.
#### Parliamentary Commissioner Act 1967 (c. 13)
##### 2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ Health and Social Care Information Centre. ”
#### House of Commons Disqualification Act 1975 (c. 24)
##### 3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”
#### Northern Ireland Assembly Disqualification Act 1975 (c. 25)
##### 4
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”
#### Access to Health Records Act 1990 (c. 23)
##### 5
In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—
> (f) the Health and Social Care Information Centre;
.
#### Parliamentary Commissioner Act 1967 (c. 13)
##### 2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert—
> - National Institute for Health and Care Excellence.
#### Local Government Act 1972 (c. 70)
##### 3
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—
- (a) after “agreement with” insert “the National Institute for Health and Care Excellence,”,
- (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
- (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
#### House of Commons Disqualification Act 1975 (c. 24)
##### 4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—
> - The National Institute for Health and Care Excellence.
#### Northern Ireland Assembly Disqualification Act 1975 (c. 25)
##### 5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—
> - The National Institute for Health and Care Excellence.
#### Employment Rights Act 1996 (c. 18)
##### 6
- (1) The Employment Rights Act 1996 is amended as follows.
- (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
> (ac) the National Institute for Health and Care Excellence,
- (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—
> (ad) the Health and Social Care Information Centre,
.
- (3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
> (cc) the National Institute for Health and Care Excellence,
- (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
> (cd) the Health and Social Care Information Centre,
.
@@ -18625,9 +18779,9 @@
##### 7
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—
> (fb) the National Institute for Health and Care Excellence,
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—
> (fc) the Health and Social Care Information Centre,
.
@@ -18635,443 +18789,7 @@
##### 8
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—
> - The National Institute for Health and Care Excellence.
#### International Development Act 2002 (c. 1)
##### 9
In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert—
> - The National Institute for Health and Care Excellence.
#### National Health Service Act 2006 (c. 41)
##### 10
- (1) The National Health Service Act 2006 is amended as follows.
- (2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—
> (ka) NICE,
.
- (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—
> (da) NICE,
.
- (4) In section 72 (co-operation between NHS bodies)—
- (a) the existing text becomes subsection (1), and
- (b) after that subsection insert—
> (2) For the purposes of this section, NICE is an NHS body.
- (5) In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
> - “NICE” means the National Institute for Health and Care Excellence;
.
#### National Health Service (Wales) Act 2006 (c. 42)
##### 11
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—
> (ka) the National Institute for Health and Care Excellence,
.
#### Health and Social Care Act 2008 (c. 14)
##### 12
- (1) The Health and Social Care Act 2008 is amended as follows.
- (2) Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading.
- (3) In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
- (a) at the end of paragraph (a) insert “or”, and
- (b) omit paragraph (c) and the word “or” immediately preceding it.
#### Health Act 2009 (c. 21)
##### 13
In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—
> (da) the National Institute for Health and Care Excellence;
.
#### Equality Act 2010 (c. 15)
##### 14
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add—
> - The National Institute for Health and Care Excellence.
## SCHEDULE 18
#### Membership, appointment, etc.
##### 1
- (1) The Information Centre consists of—
- (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive members”), and
- (b) not more than five other members appointed by the non-executive members (referred to in this Schedule as the “executive members”).
- (2) One of the non-executive members must be appointed as the chair.
- (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.
- (4) The first chief executive is to be appointed by the Secretary of State.
- (5) The executive members are employees of the Information Centre.
#### Tenure of non-executive office
##### 2
- (1) The chair and other non-executive members—
- (a) hold and vacate office in accordance with the terms of their appointments, but
- (b) may resign office by giving notice to the Secretary of State.
- (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds—
- (a) incapacity,
- (b) misbehaviour, or
- (c) failure to carry out his or her duties as a non-executive member.
- (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/2/2/enacted).
- (4) A non-executive member may not be appointed for a period of more than four years.
- (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
#### Suspension from non-executive office
##### 3
- (1) This paragraph applies where a person is suspended under paragraph [2(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/2/3/enacted).
- (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
- (3) The notice may be—
- (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
- (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
- (4) The initial period of suspension must not exceed six months.
- (5) The Secretary of State may at any time review the suspension.
- (6) The Secretary of State—
- (a) must review the suspension if requested in writing by the person to do so, but
- (b) need not review the suspension less than three months after the beginning of the initial period of suspension.
- (7) Following a review during a period of suspension, the Secretary of State may—
- (a) revoke the suspension, or
- (b) suspend the person for another period of not more than six months from the expiry of the current period.
- (8) The Secretary of State must revoke the suspension if the Secretary of State—
- (a) decides that there are no grounds to remove the person from office under paragraph [2(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/2/2/enacted), or
- (b) decides that there are grounds to do so but does not remove the person from office under that provision.
##### 4
- (1) This paragraph applies where a person is suspended from office as the chair under paragraph [2(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/2/3/enacted).
- (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions.
- (3) The interim chair—
- (a) holds and vacates office in accordance with the terms of the appointment, but
- (b) may resign office by giving notice in writing to the Secretary of State.
- (4) Appointment as interim chair is for a term not exceeding the shorter of—
- (a) the period ending with either—
- (i) the appointment of a new chair, or
- (ii) the revocation or expiry of the existing chair’s suspension, and
- (b) the remainder of the interim chair’s term as a non-executive member.
- (5) A person who ceases to be the interim chair is eligible for re-appointment.
#### Remuneration etc. of non-executive members
##### 5
- (1) The Information Centre must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
- (2) The Information Centre must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
- (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the Information Centre must pay compensation to the person of such amount as the Secretary of State may determine.
#### Staff
##### 6
- (1) The Information Centre may appoint such persons to be employees of the Centre as it considers appropriate.
- (2) Employees of the Information Centre are to be paid such remuneration and allowances as the Centre may determine.
- (3) Employees of the Information Centre are to be appointed on such other terms and conditions as the Centre may determine.
- (4) The Information Centre may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the Centre.
- (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/6/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/6/4/enacted), the Centre must obtain the approval of the Secretary of State to its policy on that matter.
#### Committees
##### 7
- (1) The Information Centre may appoint such committees and sub-committees as it considers appropriate.
- (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Information Centre.
- (3) The Information Centre may pay such remuneration and allowances as it may determine to any person who—
- (a) is a member of a committee or sub-committee, but
- (b) is not an employee of the Centre,
whether or not that person is a non-executive member of the Centre.
#### Procedure
##### 8
- (1) The Information Centre may regulate its own procedure.
- (2) The validity of any act of the Information Centre is not affected by any vacancy among the members or by any defect in the appointment of a member.
#### Exercise of functions
##### 9
The Information Centre may arrange for any function exercisable by it to be exercised on its behalf by—
- (a) a non-executive member;
- (b) an employee (including an executive member);
- (c) a committee or sub-committee.
#### General powers
##### 10
- (1) The Information Centre may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
- (2) Except as provided by paragraph [11(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/11/3/enacted), the Information Centre has no power to borrow money.
- (3) The Information Centre may do any of the following only with the approval of the Secretary of State—
- (a) form, or participate in the forming of, companies,
- (b) invest in companies (whether by acquiring assets, securities or rights or otherwise), and
- (c) provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
- (4) The approval of the Secretary of State may be given for the purposes of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/10/3/enacted) subject to such conditions as the Secretary of State thinks appropriate.
- (5) In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
#### Finance
##### 11
- (1) The Secretary of State may make payments to the Information Centre out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
- (2) Payments made under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/11/1/enacted) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
- (3) The Secretary of State may lend money to the Information Centre on such terms (including as to repayment and interest) as the Secretary of State may determine.
#### Reports
##### 12
- (1) As soon as practicable after the end of each financial year, the Information Centre must prepare an annual report on how it has exercised its functions during the year.
- (2) The Information Centre must—
- (a) lay a copy of the report before Parliament, and
- (b) once it has done so, send a copy of it to the Secretary of State.
- (3) The Information Centre must provide the Secretary of State with such other reports and information relating to the exercise of the Centre’s functions as the Secretary of State may require.
- (4) In this paragraph and paragraph [14](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/14/enacted) “financial year” means—
- (a) the period beginning on the day on which section 252 comes into force and ending on the following 31 March, and
- (b) each successive period of 12 months.
#### Accounts
##### 13
- (1) The Information Centre must keep proper accounts and proper records in relation to the accounts.
- (2) The Secretary of State may, with the approval of the Treasury, give directions to the Information Centre as to—
- (a) the content and form of its accounts, and
- (b) the methods and principles to be applied in the preparation of its accounts.
- (3) In sub-paragraph (2) a reference to accounts includes the Information Centre’s annual accounts prepared under paragraph [14](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/14/enacted) and any interim accounts prepared by virtue of paragraph [15](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/15/enacted).
##### 14
- (1) The Information Centre must prepare annual accounts in respect of each financial year.
- (2) The Information Centre must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
- (a) examine, certify and report on the annual accounts, and
- (b) lay copies of them and the report before Parliament.
##### 15
- (1) The Secretary of State may, with the approval of the Treasury, direct the Information Centre to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
- (2) The Information Centre must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
- (3) The Comptroller and Auditor General must—
- (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/18/paragraph/15/2/enacted), and
- (b) if the Secretary of State so directs—
- (i) send a copy of the report on the accounts to the Secretary of State, and
- (ii) lay copies of them and the report before Parliament.
#### Seal and evidence
##### 16
- (1) The application of the Information Centre’s seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
- (2) A document purporting to be duly executed under the Information Centre’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
#### Status
##### 17
- (1) The Information Centre must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
- (2) The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
## SCHEDULE 19
#### Public Bodies (Admission to Meetings) Act 1960 (c. 67)
##### 1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
> (o) the Health and Social Care Information Centre.
#### Parliamentary Commissioner Act 1967 (c. 13)
##### 2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert—
> - Health and Social Care Information Centre.
#### House of Commons Disqualification Act 1975 (c. 24)
##### 3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—
> - The Health and Social Care Information Centre.
#### Northern Ireland Assembly Disqualification Act 1975 (c. 25)
##### 4
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—
> - The Health and Social Care Information Centre.
#### Access to Health Records Act 1990 (c. 23)
##### 5
In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—
> (f) the Health and Social Care Information Centre;
.
#### Employment Rights Act 1996 (c. 18)
##### 6
- (1) The Employment Rights Act 1996 is amended as follows.
- (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—
> (ad) the Health and Social Care Information Centre,
.
- (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
> (cd) the Health and Social Care Information Centre,
.
#### Data Protection Act 1998 (c. 29)
##### 7
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—
> (fc) the Health and Social Care Information Centre,
.
#### Freedom of Information Act 2000 (c. 36)
##### 8
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—
> - The Health and Social Care Information Centre.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The Health and Social Care Information Centre. ”
#### National Health Service Act 2006 (c. 41)
@@ -19134,9 +18852,7 @@
##### 13
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add—
> - The Health and Social Care Information Centre.
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The Health and Social Care Information Centre. ”
## SCHEDULE 20
@@ -19176,9 +18892,9 @@
- (4) In this paragraph—
- “abolition” means the commencement of section 278(1);
- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
- “*abolition*” means the commencement of section 278(1);
- “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
## PART 2 — The Appointments Commission
@@ -19240,9 +18956,9 @@
- (5) In this paragraph—
- “abolition” means the commencement of section 279(1);
- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
- “*abolition*” means the commencement of section 279(1);
- “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
## PART 3 — The National Information Governance Board for Health and Social Care
@@ -19286,9 +19002,9 @@
- (4) In this paragraph—
- “abolition” means the commencement of section 280(1);
- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
- “*abolition*” means the commencement of section 280(1);
- “*enactment*” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
## SCHEDULE 21
@@ -19355,11 +19071,11 @@
- (4) After subsection (10) insert—
> (11) Subsection [(12)](#p01105) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an arrangement or proposed arrangement which—
> (11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an arrangement or proposed arrangement which—
> (a) falls within subsection (1); and
> (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006.
> (12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting jointly.
> (13) Subsection [(14)](#p01106) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is a party or prospective party to an arrangement or proposed arrangement which—
> (13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is a party or prospective party to an arrangement or proposed arrangement which—
> (a) falls within subsection (1); and
> (b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
> (14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Secretary of State—
@@ -19372,7 +19088,7 @@
> (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly;
> (b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and
> (c) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
> (17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (17) In subsections (15) and (16), “*cross-border Special Health Authority*” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
> (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
@@ -19388,11 +19104,11 @@
- (3) In subsection (6), for the first definition substitute—
> - “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
> “*Local Health Board*” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
.
- (4) In consequence of the amendments made by sub-paragraphs [(2)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/21/paragraph/3/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/21/paragraph/3/3/enacted), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
- (4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
##### 4
@@ -19434,7 +19150,7 @@
After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
> (10A)
> (1) Subsection [(2)](#p01109) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed arrangement which—
> (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed arrangement which—
> (a) falls within the definition of NHS contract in section 9(1), and
> (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978.
> (2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Secretary of State and the Scottish Ministers acting jointly.
@@ -19444,7 +19160,7 @@
> (4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State—
> (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and
> (b) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
> (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (5) In subsections (3) and (4), “*cross-border Special Health Authority*” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
> (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
@@ -19537,7 +19253,7 @@
After section 8 insert—
> (8A)
> (1) Subsection [(2)](#p01112) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed arrangement which—
> (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed arrangement which—
> (a) falls within the definition of NHS contract in section 7(1), and
> (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978.
> (2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement with the substitution for references to the Welsh Ministers—
@@ -19549,13 +19265,13 @@
> (4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Welsh Ministers—
> (a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly, and
> (b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
> (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (5) In subsections (3) and (4), “*cross-border Special Health Authority*” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
> (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
> (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
##### 15
In section 10 (Welsh Ministers’ arrangements with other bodies), in subsection (4) omit paragraph (b).
In section 10 (Welsh Ministers' arrangements with other bodies), in subsection (4) omit paragraph (b).
##### 16
@@ -19582,7 +19298,7 @@
- (iii) omit “Primary Care Trusts,”, and
- (iv) for “section 24 of the National Health Service Act [2006 (c. 41)](https://www.legislation.gov.uk/ukpga/2006/41)” substitute “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and
- (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and
- (b) in paragraph (h)—
@@ -19592,7 +19308,7 @@
- (iii) omit “Primary Care Trusts”, and
- (iv) for “section 24 of the National Health Service Act [2006 (c. 41)](https://www.legislation.gov.uk/ukpga/2006/41)” substitute “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”.
- (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”.
##### 18
@@ -19772,13 +19488,19 @@
- (a) before the definition of “dental practitioner” insert—
> - “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006,
> “*clinical commissioning group*” means a body established under section 14D of the National Health Service Act 2006,
,
- (b) after the definition of “modifications” insert—
> - “NHS body” means— a Special Health Authority, an NHS trust, an NHS foundation trust, a Local Health Board, the National Health Service Commissioning Board, and a clinical commissioning group.
> “*NHS body*” means—
> (a) a Special Health Authority,
> (b) an NHS trust,
> (c) an NHS foundation trust,
> (d) a Local Health Board,
> (e) the National Health Service Commissioning Board, and
> (f) a clinical commissioning group.
- (c) omit the definition of “Primary Care Trust”, and
@@ -19792,7 +19514,7 @@
- (a) omit “Strategic Health Authorities and”,
- (b) omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act [2006 (c. 41)](https://www.legislation.gov.uk/ukpga/2006/41) and”, and
- (b) omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and
- (c) for “that Act” substitute “the National Health Service Act 2006”.
@@ -21055,699 +20777,3 @@
[^M_F_6db41543-7dda-4cb7-fa39-2b8d8ae62fc2]: S. 114 repealed (coming into force immediately after sections 112 and 113 are repealed) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [ss. 114(2)](https://www.legislation.gov.uk/ukpga/2012/7/section/114/2), [306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4); [S.I. 2013/671](https://www.legislation.gov.uk/uksi/2013/671), [art. 2(3)](https://www.legislation.gov.uk/uksi/2013/671/article/2/3)
[^M_F_20d5e981-0305-4360-9bb7-2888c3207d45]: S. 113 repealed (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [ss. 114(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/114/1), [306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4); [S.I. 2013/671](https://www.legislation.gov.uk/uksi/2013/671), [art. 2(3)](https://www.legislation.gov.uk/uksi/2013/671/article/2/3)
#### Secretary of State's duty to promote comprehensive health service
#### Power of clinical commissioning groups as to commissioning certain health services
#### Financial arrangements for the Board
#### Fluoridation of water supplies: transitional provision
#### New Special Health Authorities
#### Co-operation with bodies exercising functions in relation to public health
#### Conditions relating to the continuation of the provision of services etc.
#### Authorisation
#### Mergers
#### Activities relating to local care services
#### Independent advocacy services
#### Amendments consequential on section 190
#### Disclosure of reports etc. by the Health Service Commissioner
#### Medical services: minor amendments
#### Power to regulate social workers etc. in England
#### Appeals in cases involving social workers in England
#### The National Institute for Health and Care Excellence
#### Additional functions
#### The Alcohol Education and Research Council
#### Provision of information by Registrar General: Wales
#### Provision of statistical information by Statistics Board
#### Transfer schemes
#### Financial provision
#### Commencement: consultation with Scottish Ministers
##### 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
##### 251B
- (1) This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“*the relevant person*”).
- (2) The relevant person must ensure that the information is disclosed to—
- (a) persons working for the relevant person, and
- (b) any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
but this is subject to subsections (3) to (6).
- (3) Subsection (2) applies only so far as the relevant person considers that the disclosure 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.
- (4) The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
- (a) the individual objects, or would be likely to object, to the disclosure of the information;
- (b) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
- (c) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
- (5) 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.
- (6) This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).
#### Funding of the Authority
#### Financial provision
#### Commencement: consultation with Scottish Ministers
#### Short title
#### The NHS payment scheme
##### 114A
- (1) NHS England must publish a document, to be known as “*the NHS payment scheme*”, containing rules for determining the price that is to be payable by a commissioner—
- (a) for the provision of health care services for the purposes of the NHS;
- (b) for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act.
- (2) The commissioner and the provider of services mentioned in subsection [(1)](#p00993) must comply with rules under that subsection.
- (3) Rules under subsection [(1)](#p00993) may, in particular—
- (a) specify prices;
- (b) specify amounts, formulae or other matters on the basis of which prices are to be determined;
- (c) provide for prices to be determined for, or by reference to, components of services or groups of services;
- (d) make different provision for different services or provision for some services but not others;
- (e) make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision;
- (f) confer a discretion on the commissioner of a service or on NHS England.
- (4) Rules under subsection [(1)](#p00993) may allow or require a price to be agreed between the commissioner and the provider of a service.
- (5) Rules made by virtue of subsection [(4)](#p00998) may—
- (a) make provision about how the price is to be agreed;
- (b) allow the agreement to make any provision that could be made by rules by virtue of subsection [(3)](#p00996);
- (c) provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement.
- (6) For the purpose of securing that the prices payable for the provision of services mentioned in subsection [(1)](#p00993)[(a)](#p00994) or [(b)](#p00995) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection [(1)](#p00993), have regard to—
- (a) differences in the costs incurred in providing those services to persons of different descriptions, and
- (b) differences between providers with respect to the range of those services that they provide.
- (7) The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service.
- (8) The NHS payment scheme may contain guidance as to the application of rules under subsection [(1)](#p00993).
- (9) A commissioner of a service mentioned in subsection [(1)](#p00993) must have regard to any such guidance.
- (10) The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect.
#### The NHS payment scheme: enforcement
##### 114B
Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction—
- (a) to secure that the failure does not continue or recur, or
- (b) to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred.
#### The NHS payment scheme: impact assessment and consultation
##### 114C
- (1) Before publishing the NHS payment scheme, NHS England must—
- (a) carry out an assessment of the likely impact of the proposed scheme, or
- (b) publish a statement setting out its reasons for concluding that such assessment is not needed.
- (2) Before publishing the NHS payment scheme, NHS England must consult the following—
- (a) each integrated care board;
- (b) each relevant provider;
- (c) such other persons as NHS England considers appropriate.
- (3) NHS England must give those persons a notice—
- (a) describing the proposed NHS payment scheme,
- (b) setting out any impact assessment carried out under subsection (1)(a), and
- (c) specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
- (4) The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
- (5) NHS England must publish the notice given under subsection (3).
- (6) If, having consulted under this section—
- (a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
- (b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under this section.
- (7) Subsection (6) does not apply where section 114D applies.
- (8) In this section “*relevant provider*” means—
- (a) a licence holder, or
- (b) another person, of a prescribed description, that provides—
- (i) health care services for the purposes of the NHS, or
- (ii) services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).
#### Objections to proposed NHS payment scheme
##### 114D
- (1) This section applies where—
- (a) within the consultation period under section [114C](#p01002), NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and
- (b) either or both of the following apply—
- (i) the objection percentage for integrated care boards exceeds the prescribed percentage;
- (ii) the objection percentage for relevant providers exceeds the prescribed percentage.
- (2) In subsection [(1)(b)](#p01011) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.
- (3) NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.
- (4) If, having complied with subsection [(3)](#p01014)—
- (a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
- (b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under section [114C](#p01002).
- (5) If, having complied with subsection [(3)](#p01014), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—
- (a) publish a notice stating that decision and setting out the reasons for it, and
- (b) send a copy of the notice to—
- (i) the persons consulted under subsection [(3)](#p01014), and
- (ii) the integrated care boards or relevant providers from whom objections were received.
##### 114E
- (1) NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.
- (2) In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—
- (a) the proportion of integrated care boards that would be affected by the proposed amendments;
- (b) the proportion of relevant providers that would be affected by the proposed amendments;
- (c) the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;
- (d) whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;
- (e) the amount of any increase or decrease in prices that would result from the proposed amendments.
- (3) If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.
- (4) Before amending the NHS payment scheme, NHS England must, in accordance with subsections [(5)](#p01017) to [(7)](#p01020), consult the following about the proposed amendments—
- (a) any integrated care boards that would be affected by the proposed amendments;
- (b) any relevant providers that would be affected by the proposed amendments;
- (c) such other persons as NHS England considers appropriate.
- (5) NHS England must publish a notice specifying—
- (a) the proposed amendments, and
- (b) when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.
- (6) The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
- (7) NHS England must send a copy of the notice to each of the persons to be consulted under subsection [(4)](#p01016).
#### Interpretation
##### 114F
In this Chapter—
- “*commissioner*”, in relation to a service, means the person who arranges for the provision of the service;
- “*the NHS payment scheme*” means the document published under section [114A](#p00992)[(1)](#p00993);
- “*relevant provider*” has the meaning given by section [114C](#p01002)[(8)](#p01008).
#### Scrutiny functions of local authorities
#### Amendments consequential on section 190
#### Arrangements under section 107 of the National Health Service Act 2006
#### Lists of performers of pharmaceutical services and assistants etc.
#### Power to regulate social workers etc. in England
#### Financial provision
#### Commencement: consultation with Scottish Ministers
#### Short title
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 274A
- (1) The Secretary of State must publish guidance for NHS England about the exercise of—
- (a) its relevant data functions, and
- (b) its other functions in connection with its relevant data functions.
- (2) Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.
- (3) NHS England must have regard to guidance published under this section.
### CHAPTER 3 — Information about adult social care
#### Provision of adult social care information to Secretary of State
##### 277A
- (1) The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—
- (a) the person on whom the requirement is imposed,
- (b) their activities in connection with the provision of adult social care in England, or
- (c) any person to whom they have provided —
- (i) adult social care in England, or
- (ii) adult social care, outside England, in pursuance of arrangements made by an English local authority.
- (2) The Secretary of State may impose a requirement under subsection [(1)](#p00587) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.
- (3) A requirement under subsection [(1)](#p00587) may specify—
- (a) the form and manner in which information is to be provided, and
- (b) when information is to be provided.
- (4) A requirement under subsection [(1)](#p00587) must be in writing.
- (5) The provision of information under this section—
- (a) does not breach any obligation of confidence owed by the person providing it, but
- (b) is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).
- (6) For enforcement of requirements under subsection [(1)](#p00587), see section [277E](#p00602).
- (7) In this section—
- “adult social care”—includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- “*English local authority*” means—a county council in England;a district council for an area in England for which there is no county council;a London borough council;the Common Council of the City of London (in its capacity as a local authority);
- “*relevant provider of adult social care services*” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.
#### Restrictions on onward disclosure of information
##### 277B
- (1) Information provided under section [277A](#p00586) may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.
- (2) Commercially sensitive information provided under section [277A](#p00586) may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection [(1)](#p00589)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.
- (3) Subsections [(1)](#p00589) and [(2)](#p00590) do not restrict the disclosure of information where—
- (a) the person to whom the information relates has consented to the disclosure,
- (b) the information has previously been lawfully disclosed to the public,
- (c) the disclosure is in accordance with any court order,
- (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
- (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
- (f) the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
- (g) the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).
- (4) In this section “*commercially sensitive information*” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.
#### Directions to certain bodies to exercise functions under this Chapter
##### 277C
- (1) The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under section [277A](#p00586) (and where a direction is given, section [277B](#p00588) applies accordingly).
- (2) The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section [277A](#p00586) (and where a direction is given, section [277B](#p00588) applies accordingly).
- (3) The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).
- (4) For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.
#### Arrangements with third parties
##### 277D
- (1) The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section [277A](#p00586) (and where arrangements are made, section [277B](#p00588) applies accordingly).
- (2) Arrangements under subsection [(1)](#p00600) may—
- (a) provide for the Secretary of State to make payments to the person;
- (b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
- (3) Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection [(1)](#p00600) as it applies to a power of the Secretary of State to give directions under this Act.
### CHAPTER 4 — Enforcement
#### Enforcement of provisions under this Part
##### 277E
- (1) Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
- (a) fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
- (b) fails to comply with a requirement to provide information imposed under section 251ZA(1), [251D](#p00579)[(1)(b)](#p00581), 259(1)(a) or (aa) or [277A](#p00586)(1);
- (c) provides information in response to such a requirement that is false or misleading to a material extent.
- (2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
- (3) The regulations must include provision—
- (a) requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
- (b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
- (c) requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
- (d) requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
- (e) enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;
- (f) as to the powers of the Tribunal on such an appeal.
- (4) The provision that may be made by the regulations includes provision—
- (a) enabling a notice of intent or final notice to be withdrawn or amended;
- (b) requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
- (c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
- (d) for the recovery of financial penalties in the county court.
- (5) In this section “*public body*” has the meaning given by section 250(7).
##### 277F
The Secretary of State may—
- (a) direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section [277E](#p00602);
- (b) give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).
#### Financial provision
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##### 87A
- (1) An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as—
- (a) having made an application for a licence under section 85, and
- (b) having met the criteria for holding a licence for the time being published under section 86.
- (2) An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51[(1)](https://www.legislation.gov.uk/ukpga/2012/7/section/51/1/2023-04-01) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day.
#### Conditions relating to the continuation of the provision of services etc.
#### Provision of statistical information by Statistics Board
##### 296A
- (1) NHS England may make arrangements with a devolved authority for NHS England—
- (a) to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;
- (b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.
- (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
- (3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
- (4) In this section—
- “*devolved authority*” means—the Scottish Ministers,the Welsh Ministers, anda Northern Ireland Minister.
- “*Northern Ireland Minister*” includes the First Minister, the deputy First Minister and a Northern Ireland department.
#### Commencement: consultation with Scottish Ministers
#### Short title
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#### Activities relating to local care services
#### Disclosure of reports etc. by the Health Service Commissioner
### Compliance with standards
##### 251ZB
- (1) If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may give the provider a written notice which—
- (a) identifies the standard in question,
- (b) sets out the Secretary of State’s grounds for suspecting that the provider is not complying with the standard,
- (c) asks the provider to comply with the standard within a period specified in the notice,
- (d) asks the provider, within a period specified in the notice, to provide evidence to the Secretary of State’s satisfaction that the provider is complying with the standard, and
- (e) if the Secretary of State considers it appropriate, sets out the steps that the Secretary of State considers the provider must take, within a period specified in the notice, in order to comply with the standard.
- (2) A period specified for the purposes of subsection [(1)](#p23402)[(c)](#p23413), [(d)](#p23417) or [(e)](#p23421) must be a period of at least 28 days beginning with the day on which the notice is given.
- (3) The Secretary of State may, by giving the relevant IT provider a further written notice, vary or revoke a notice given under subsection [(1)](#p23402).
##### 251ZC
- (1) If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may publish a statement to that effect.
- (2) The statement may include the text of a notice given to the provider under section [251ZB](#p23400).
- (3) Before publishing a statement under this section, the Secretary of State must give the relevant IT provider—
- (a) a copy of the terms of the proposed statement, and
- (b) an opportunity to make representations about the decision to publish a statement and the terms of the statement.
- (4) If, after considering any representations, the Secretary of State decides to publish the statement, the Secretary of State must inform the relevant IT provider before publishing it.
- (5) This section does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by this section).
- (6) In this section, “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
##### 251ZD
- (1) The Secretary of State may—
- (a) direct a public body to exercise some or all of the functions listed in subsection [(3)](#p23496), and
- (b) give the public body directions about the exercise of those functions, including directions about the processing of information that the body obtains in exercising those functions.
- (2) The Secretary of State may make arrangements for a person prescribed by regulations under this subsection to exercise some or all of the functions listed in subsection [(3)](#p23496).
- (3) Those functions are—
- (a) the Secretary of State’s functions under section 251ZA, so far as they relate to relevant IT providers, and
- (b) the Secretary of State’s functions under section [251ZB](#p23400).
- (4) Arrangements under subsection [(2)](#p23491) may—
- (a) provide for the Secretary of State to make payments to the person, and
- (b) make provision as to the circumstances in which such payments are to be repaid to the Secretary of State.
- (5) Section 304(9) applies in relation to the power to make arrangements under subsection [(2)](#p23491) as it applies to a power of the Secretary of State to give directions under this Act.
### Accreditation
##### 251ZE
- (1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information technology and IT services so far as used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.
- (2) The regulations may provide for the scheme to be established and operated by a person specified in the regulations (“*the operator*”).
- (3) The regulations may, among other things, confer power on the operator—
- (a) to establish the procedure for accreditation under the scheme,
- (b) to set the criteria for accreditation under the scheme (“the accreditation criteria”),
- (c) to keep an accreditation under the scheme under review, and
- (d) to charge a reasonable fee in respect of an application for accreditation.
- (4) The regulations may, among other things, make provision requiring the operator—
- (a) to set some or all of the accreditation criteria by reference to information standards,
- (b) to publish details of the scheme, including the accreditation criteria,
- (c) to provide for the review of a decision to refuse an application for accreditation, and
- (d) to provide advice to applicants for accreditation with a view to ensuring that the accreditation criteria are met.
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##### 251ZA
- (1) The Secretary of State may require a person to provide the Secretary of State with documents, records or other information for the purposes of monitoring the person’s compliance with information standards published under section 250.
- (2) A requirement under subsection (1) may specify—
- (a) the form and manner in which information is to be provided, and
- (b) when information is to be provided.
- (3) A requirement under subsection (1) must be in writing.
- (4) For enforcement of requirements under subsection (1) against persons other than public bodies, see section 277E.
#### Financial provision
#### Commencement: consultation with Scottish Ministers
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2012-03-27
Health and Social Care Act 2012
original version
Text at this date