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National Health Service Act 2006, Cross Heading: Intervention orders and default powers is up to date with all changes known to be in force on or before 15 August 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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[F1(1)This section applies to—
(a)NHS trusts, and
(b)Special Health Authorities.]
(2)If the Secretary of State—
(a)considers that a body to which this section applies is not performing one or more of its functions adequately or at all, or that there are significant failings in the way the body is being run, and
(b)is satisfied that it is appropriate for him to intervene under this section,
he may make an order under this section in respect of the body (an “intervention order”).
(3)An intervention order may make any provision authorised by section 67 (including any combination of such provisions).
Textual Amendments
F1S. 66(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 8(1) (with Sch. 21 para. 8(2)(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1S. 66 modified (temp.) (11.7.2012) by The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831), art. 13(3)-(5)
C2S. 66(1) modified (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 8(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
(1)In this section—
(a)“member” means a member of a F2... F3... Special Health Authority F4...,
(b)“employee member” means a member of a F5... F6... Special Health Authority F7... who is an officer of the body, F8....
(2)An intervention order may provide for the removal from office of—
(a)all the members, or
(b)those specified in the order,
and for their replacement with individuals specified in or determined in accordance with the order (who need not be the same in number as the removed individuals).
(3)An intervention order may provide for the suspension (either wholly, or in respect only of powers and duties specified in or determined in accordance with the order) of—
(a)all the members, or
(b)those specified in the order,
and for the powers of the suspended members to be exercised, and their duties performed, during their suspension by individuals specified in or determined in accordance with the order (who need not be the same in number as the suspended individuals).
(4)The powers and duties referred to in subsection (3) are, in the case of an employee member, only those which he has in his capacity as a member.
(5)An intervention order may contain directions to the body to which it relates to secure that a function of the body specified in the directions—
(a)is performed, to the extent specified in the directions, on behalf of the body and at its expense, by such person as is specified in the directions, and
(b)is so performed in such a way as to achieve such objectives as are so specified,
and the directions may require that any contract or other arrangement made by the body with that person contains such terms and conditions as may be so specified.
(6)If the person referred to in subsection (5)(a) is a body to which section 66 applies, the functions of that body include the performance of the functions specified in the directions under subsection (5).
(7)Subsection (8) applies in relation to any provision in this Act, or in any order or regulations made, or directions given, under this Act, relating to—
(a)the membership of the body to which an intervention order relates F9..., or
(b)the procedure of the body.
(8)The intervention order may provide in relation to any provision specified in the order—
(a)that it does not apply in relation to the body while the order remains in force, or
(b)that it applies in relation to the body, while the order remains in force, with modifications specified in the order.
(9)An intervention order may contain such supplementary directions to the body to which it relates as the Secretary of State considers appropriate for the purpose of giving full effect to the order.
Textual Amendments
F2Words in s. 67(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 16(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 67(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 16(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 67(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 9(2)(a) (with s. 179(5)(c)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 67(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 16(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 67(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 16(b)(i)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 67(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 9(2)(b)(i) (with s. 179(5)(c)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in s. 67(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 9(2)(b)(ii) (with s. 179(5)(c)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Words in s. 67(7)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 9(3) (with s. 179(5)(c)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
[F10(1)This section applies to—
(a)NHS trusts established under section 25, and
(b)Special Health Authorities.]
(2)If the Secretary of State considers that a body to which this section applies—
(a)has failed to carry out any functions conferred or imposed on it by or under this Act, or
(b)has in carrying out those functions failed to comply with any regulations or directions relating to those functions,
he may after such inquiry as he considers appropriate make an order declaring it to be in default.
(3)The members of the body in default must immediately vacate their office, and the order—
(a)must provide for the appointment, in accordance with the provisions of this Act, of new members of the body, and
(b)may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body pending the appointment of new members.
(4)An order under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including—
(a)provision for the transfer to the Secretary of State of property and liabilities of the body in default, and
(b)where any such order is varied or revoked by a subsequent order, provision in the subsequent order for the transfer to the body in default of any property or liabilities acquired or incurred by the Secretary of State in discharging any of the functions transferred to him.
Textual Amendments
F10S. 68(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 10(1) (with Sch. 21 para. 9(2)(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C3S. 68 modified (temp.) (11.7.2012) by The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831), art. 13(3)-(5)
C4S. 68(1) modified (temp.) (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 10(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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