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Health Act 2009
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Health Act 2009, Section 3 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2(6)(ca) inserted by 2022 c. 31 Sch. 3 para. 57(b)
- s. 2(6)(ea) inserted by 2022 c. 31 Sch. 3 para. 57(c)
Commencement Orders yet to be applied to the Health Act 2009
Commencement Orders bringing provisions within this Act into force:
- S.I. 2011/1255 art. 2 amendment to earlier commencing SI 2010/1068 art. 2
3Availability and review of NHS ConstitutionE+W
This section has no associated Explanatory Notes
(1)The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.
(2)At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).
(3)The following must be consulted about the NHS Constitution on a 10 year review—
(a)patients and bodies or other persons representing patients,
(b)staff and bodies or other persons representing staff,
(c)carers,
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)members of the public,
(f)the bodies and persons listed in section 2(2), (4) and (5), and
(g)such other persons as the Secretary of State considers appropriate.
(4)The first 10 year review must be completed not later than 5 July 2018.
(5)The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
(6)The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.
(7)In this Chapter—
“carers” means persons who, as relatives or friends, care for other persons to whom [F2health services] are being provided;
“the guiding principles” means—
(a)the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or
(b)any revised version of those principles set out in the NHS Constitution published under this section or section 4;
“patients” means persons to whom [F2health services] are being provided;
“staff” means—
(a)persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of [F2health services];
(b)persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of [F2health services] or assistance or the making of arrangements as mentioned in the subsection in question.
F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 3(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 3(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3S. 3(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 3 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)
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