Health Act 2006

Status:

This version of this part contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Health Act 2006, Part 4 .

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4 E+WThe National Health Service

Chapter 1E+WPharmaceutical services

F134Power to chargeE+W

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Textual Amendments

F1S. 34 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I1S. 34 in force at 28.2.2007 for specified purposes by S.I. 2006/3125, art. 3(a)

I2S. 34 in force at 9.5.2013 for W. by S.I. 2013/1112, art. 2

F235Applications for provision of pharmaceutical servicesE+W

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Textual Amendments

F2S. 35 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I3S. 35 in force at 28.2.2007 for specified purposes by S.I. 2006/3125, art. 3(b)

Prospective

36Arrangements for dispensing of medicinesE+W

(1)[F3In section 43 of the 1977 Act (persons authorised to provide pharmaceutical services), for subsection (2) substitute—

“(2)Except as may be provided for by or under regulations, no arrangements for the dispensing of medicines shall be made under this Part of this Act with persons other than persons who—

(a)are registered pharmacists or persons lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968; and

(b)undertake that all medicines supplied by them under the arrangements will be dispensed either by or under the supervision of a registered pharmacist.”]

(2)In section 17S of the National Health Service (Scotland) Act 1978 (c. 29) (eligibility to be contractor under pharmaceutical care services contract), after subsection (1) insert—

“(1A)In such circumstances, and subject to such conditions, as may be prescribed, subsection (1) has effect with the omission of the words from “who undertakes” to the end.”

Textual Amendments

F3S. 36(1) repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Chapter 2E+WOphthalmic services

F437Provision of primary ophthalmic servicesE+W

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Textual Amendments

F4Ss. 37-42 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I4S. 37 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F438General ophthalmic services contractsE+W

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Textual Amendments

Commencement Information

I5S. 38 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F439Persons performing primary ophthalmic servicesE+W

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Textual Amendments

Commencement Information

I6S. 39 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F440Assistance and supportE+W

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Textual Amendments

Commencement Information

I7S. 40 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F441Local Optical CommitteesE+W

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Textual Amendments

Commencement Information

I8S. 41 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F442Payments in respect of optical appliancesE+W

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Textual Amendments

Commencement Information

I9S. 42 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

43General ophthalmic services: transitionalE+W

(1)The Secretary of State shall in regulations make transitional provision in respect of persons who, immediately before the coming into force of section 38 of this Act, are providing services in England under section 38 of the [F5National Health Service Act 1977 ] (general ophthalmic services).

(2)Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a general ophthalmic services contract with him; and the regulations may make provision as to the terms of any such contract.

(3)Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a contract with him, containing such terms as the regulations may specify, for the provision of ophthalmic services.

(4)Regulations under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the Secretary of State or a person appointed by him.

(5)Regulations under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 38 of this Act), but such provision must not as a whole be detrimental to the remuneration of the persons to whom it relates.

(6)In this section, “general ophthalmic services contract” means a contract under [F6section 117 of the 2006 Act].

Textual Amendments

F5Words in s. 43(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 283(a) (with Sch. 3 Pt. 1)

F6Words in s. 43(6) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 283(b) (with Sch. 3 Pt. 1)

Commencement Information

I10S. 43 in force for certain purposes at Royal Assent, see s. 83

I11S. 43 in force at 1.5.2008 by S.I. 2008/1147, art. 2

Chapter 3E+WProtection of NHS from fraud and other unlawful activities

PreliminaryE+W

F744Compulsory disclosure of documents for purposes of counter fraud or security management functionsE+W

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Textual Amendments

F7Ss. 44-56 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I12S. 44 in force for certain purposes at Royal Assent, see s. 83

I13S. 44 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I14S. 44 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F745Meaning of “NHS body” etc.E+W

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Textual Amendments

Commencement Information

I15S. 45 in force for certain purposes at Royal Assent, see s. 83

I16S. 45 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I17S. 45 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

Disclosure noticesE+W

F746Notice requiring production of documentsE+W

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Textual Amendments

Commencement Information

I18S. 46 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I19S. 46 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F747Production of documentsE+W

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Textual Amendments

Commencement Information

I20S. 47 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I21S. 47 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F748Delegation of functionsE+W

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Textual Amendments

Commencement Information

I22S. 48 in force for certain purposes at Royal Assent, see s. 83

I23S. 48 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(a)

I24S. 48 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F749Code of practice relating to delegated functionsE+W

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Textual Amendments

Commencement Information

I25S. 49 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I26S. 49 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F750Disclosure of informationE+W

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Textual Amendments

Commencement Information

I27S. 50 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I28S. 50 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F751Protection of personal information disclosed for purposes of proceedingsE+W

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Textual Amendments

Commencement Information

I29S. 51 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I30S. 51 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

OffencesE+W

F752Offences in connection with production of documentsE+W

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Textual Amendments

Commencement Information

I31S. 52 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I32S. 52 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F753Offences relating to disclosure or use of informationE+W

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Textual Amendments

Commencement Information

I33S. 53 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I34S. 53 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

SupplementaryE+W

F754Manner in which disclosure notice may be servedE+W

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Textual Amendments

Commencement Information

I35S. 54 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

I36S. 54 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

F755InterpretationE+W

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Textual Amendments

Commencement Information

I37S. 55 in force for certain purposes at Royal Assent, see s. 83

I38S. 55 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(a)

I39S. 55 in force at 22.4.2008 in so far as not already in force by S.I. 2008/1147, art. 3(a)

Chapter 4E+WAudit

F756Accounts and auditE+W

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Textual Amendments

Commencement Information

I40S. 56 in force at 1.10.2006 except so far as relating to Welsh NHS bodies by S.I. 2006/2603, art. 5(a) (with art. 6)

I41S. 56 in force at 1.2.2007 in so far as not already in force by S.I. 2007/204, art. 4(a) (with art. 5)

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Health Act 2006

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Status:

Status

Changes to legislation:

Changes to Legislation

Part 4 E+WThe National Health Service

Chapter 1E+WPharmaceutical services

F134Power to chargeE+W

F235Applications for provision of pharmaceutical servicesE+W

36Arrangements for dispensing of medicinesE+W

Chapter 2E+WOphthalmic services

F437Provision of primary ophthalmic servicesE+W

F438General ophthalmic services contractsE+W

F439Persons performing primary ophthalmic servicesE+W

F440Assistance and supportE+W

F441Local Optical CommitteesE+W

F442Payments in respect of optical appliancesE+W

43General ophthalmic services: transitionalE+W

Chapter 3E+WProtection of NHS from fraud and other unlawful activities

PreliminaryE+W

F744Compulsory disclosure of documents for purposes of counter fraud or security management functionsE+W

F745Meaning of “NHS body” etc.E+W

Disclosure noticesE+W

F746Notice requiring production of documentsE+W

F747Production of documentsE+W

F748Delegation of functionsE+W

F749Code of practice relating to delegated functionsE+W

F750Disclosure of informationE+W

F751Protection of personal information disclosed for purposes of proceedingsE+W

OffencesE+W

F752Offences in connection with production of documentsE+W

F753Offences relating to disclosure or use of informationE+W

SupplementaryE+W

F754Manner in which disclosure notice may be servedE+W

F755InterpretationE+W

Chapter 4E+WAudit

F756Accounts and auditE+W

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