National Health Service Act 2006

[F1 Arrangements with other bodies] E+W

Textual Amendments

F1 S. 12 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(7); S.I. 2013/160, art. 2(2) (with arts. 7-9)

12 Secretary of State's arrangements with other bodies E+W

(1) The Secretary of State may arrange with any person or body to provide, or assist in providing, [F2 anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1].

[F3 (2) The bodies with whom arrangements may be made under subsection (1) include—

(a) [F4 NHS England],

(b) [F5 integrated care boards,]

(c) any other public authorities, and

(d) voluntary organisations.]

[F6 (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).]

(4) Where facilities are made available under subsection (3), the Secretary of State may make available the services of any person employed in connection with the facilities by—

(a) the Secretary of State,

[F7 (aa) [F4 NHS England],

[F8 (ab) an integrated care board,]

(ac) a local authority,]

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a Special Health Authority, or

(e) a Local Health Board.

[F11 (4A) In subsection (4), “local authority” has the same meaning as in section 2B.]

(5) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State.

(6) Goods or materials may be made available either temporarily or permanently.

(7) Any power to supply goods or materials under this section includes—

(a) a power to purchase and store them, and

(b) a power to arrange with third parties for the supply of goods or materials by those third parties.

Textual Amendments

F2 Words in s. 12(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 12(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 S. 12(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 91(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 S. 12(3)(3A) substituted for s. 12(3) (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 S. 12(4)(aa)-(ac) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 S. 12(4)(ab) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 91(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9 S. 12(4)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 S. 12(4)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(5)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 S. 12(4A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 8(6); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F12 12ZA Commissioning arrangements by [F4 NHS England] or [F13 integrated care boards] E+W

(1) This section applies in relation to arrangements made by [F4 NHS England] or [F14 an integrated care board] in the exercise of functions under section 3, 3A, 3B or 4 or Schedule 1.

(2) The arrangements may be made with any person or body (including public authorities and voluntary organisations).

[F15 (2A) The arrangements may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements.]

(3) If [F4 NHS England] or [F16 an integrated care board] arranges for the provision of facilities by a service provider, it may also make arrangements for those facilities to be made available to another service provider or to an eligible voluntary organisation.

(4) [F4 NHS England] or [F17 an integrated care board] may make available any of its facilities to—

(a) a service provider, or

(b) an eligible voluntary organisation.

(5) Where facilities are made available under subsection (4) any of the following persons may make available the services of any employee of that person who is employed in connection with the facilities—

(a) the Secretary of State,

(b) [F4 NHS England],

[F18 (c) an integrated care board,]

(d) a Special Health Authority, or

(e) a Local Health Board.

(6) Goods or materials may be made available under this section either temporarily or permanently.

(7) Any power to supply goods or materials under this section includes—

(a) a power to purchase or store them, and

(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 [F4 NHS England] or [F19 an integrated care board] has made arrangements in the exercise of the functions mentioned in subsection (1).]

Textual Amendments

F4 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12 S. 12ZA inserted (1.2.2013 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. 4 para. 9; S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13 Words in s. 12ZA heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F14 Words in s. 12ZA(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15 S. 12ZA(2A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 24, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F16 Words in s. 12ZA(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17 Words in s. 12ZA(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18 S. 12ZA(5)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19 Words in s. 12ZA(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 92(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)