Health Act 2009

Changes over time for: Section 2

Version Superseded: 01/07/2022

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2Duty to have regard to NHS ConstitutionE+W

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(1)Each of the bodies listed in subsection (2) must, in performing its [F1health service functions], have regard to the NHS Constitution.

F2(2)The bodies are—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ca)the National Health Service Commissioning Board;

(cb)clinical commissioning groups;

(cc)local authorities (within the meaning of section 2B of the National Health Service Act 2006);]

(c)National Health Service trusts;

(d)Special Health Authorities;

[F5(da)the National Institute for Health and Care Excellence;]

[F6(db)the Health and Social Care Information Centre;]

(e)NHS foundation trusts;

[F7(f)Monitor;]

(g)the Care Quality Commission.

[F8(h)Health Education England.]

(3)In subsection (1) [F9a “health service function”] means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of [F10health services].

(4)Each person who—

[F11(za)provides health services under arrangements made 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,]

(a)provides [F12health services] under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), F13...

(b)provides or assists in providing [F12health services] under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41), [F14or

(c)provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.]

must, in doing so, have regard to the NHS Constitution.

(5)Each person who—

(a)in pursuance of a contract, agreement or arrangements as mentioned in [F15subsection (4)(za), (a), (b) or (c)], makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing [F16health services], or

(b)provides or assists in providing [F16health services] under sub-contracting arrangements,

must, in doing so, have regard to the NHS Constitution.

(6)The enactments referred to in subsection (4)(a) are the following provisions of the National Health Service Act 2006—

(a)section 83(2)(b) (arrangements made by PCTs for provision of primary medical services);

(b)section 84(1) (general medical services contracts);

(c)section 92 (other arrangements for the provision of primary medical services);

(d)section 100(1) (general dental services contracts);

(e)section 107(1) (other arrangements for the provision of primary dental services);

(f)section 117(1) (general ophthalmic services contracts);

(g)section 126(1) (pharmaceutical services);

(h)section 127(1) (additional pharmaceutical services);

(i)Schedule 12 (local pharmaceutical services schemes).

(7)In this Chapter “[F17health services]” means health services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006.

(8)References in this section to the provision of services include references to the provision of services jointly with another person.

Textual Amendments

F1Words in s. 2(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2S. 2(2)(ca)-(cc) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(c); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3S. 2(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4S. 2(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5S. 2(2)(da) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 13; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6S. 2(2)(db) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 19 para. 12; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7S. 2(2)(f) substituted (1.7.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 18; S.I. 2012/1319, art. 2(3)

F8S. 2(2)(h) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 99(3), 127; S.I. 2014/3186, art. 2(b)

F9Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)