National Health Service Act 2006

Changes over time for: Section 71

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Changes to legislation:

National Health Service Act 2006, Section 71 is up to date with all changes known to be in force on or before 28 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.

Changes to Legislation

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.

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Changes and effects yet to be applied to Section 71:

s. 71(2)(c) omitted by 2012 c. 7 Sch. 14 para. 28(a)
s. 71(2)(f) word repealed by 2008 c. 14 Sch. 15 Pt. 4
s. 71(3) words omitted by 2012 c. 7 Sch. 14 para. 28(b)
s. 71(5) word omitted by 2012 c. 7 Sch. 14 para. 28(c)
s. 71(6) words omitted by 2012 c. 7 Sch. 14 para. 28(b)

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. 3B(1)(aa) inserted by 2022 c. 31 Sch. 3 para. 2(b)
s. 3B(1)(za) inserted by 2022 c. 31 Sch. 3 para. 2(a)
s. 13G(4) words omitted by virtue of 2012 c. 7, Sch. 14 para. 4A (as inserted) by 2014 c. 23 s. 120(18)(a)
s. 35(3A)(3B) inserted by 2012 c. 7 s. 159(4)
s. 35(3A) words substituted by 2022 c. 31 Sch. 5 para. 12(4) (This amendment not applied to legislation.gov.uk. The insertion of s. 35(3A) by 2012 c. 7 s.159(4) not yet in force.)
s. 40(4)-(4B) substituted for s. 40(4) by 2012 c. 7 Sch. 14 para. 5
s. 42(1A) inserted by 2012 c. 7 Sch. 14 para. 6
s. 65F(2A)-(2F) inserted by 2012 c. 7 Sch. 14 para. 15(4) (This amendment is itself amended before it comes into force by 2014 c. 23, ss. 85(15), 120(18)(b)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)(c))
s. 65H(10A) inserted by 2012 c. 7 Sch. 14 para. 17(4)
s. 65H(10A) omitted by 2022 c. 31 Sch. 8 para. 7(7) (This amendment not applied to legislation.gov.uk. 2012 c. 7 Sch. 14 revoked at 1.7.2022 by 2022 c. 31, s. 186(6), Sch. 7 para. 13 before the insertion of s. 65H(10A) could come into effect.)
s. 82A-83A and cross-heading substituted for s. 83 and cross-heading by 2022 c. 31 Sch. 3 para. 3
s. 84(4)-(4B) substituted for s. 84(4) by 2022 c. 31 Sch. 3 para. 4(4)
s. 92(5A) inserted by 2022 c. 31 Sch. 3 para. 9(4)
s. 94(3)(ca)(cb) substituted for s. 94(3)(ca) by 2022 c. 31 Sch. 3 para. 11(3)
s. 98A 98B substituted for s. 98A by 2022 c. 31 Sch. 3 para. 14
s. 98BC-99B and cross-heading substituted for s. 99 and cross-heading by 2022 c. 31 Sch. 3 para. 15
s. 100(3A)(3B) inserted by 2022 c. 31 Sch. 3 para. 16(4)
s. 109(3)(ca)(cb) substituted for s. 109(3)(ca) by 2022 c. 31 Sch. 3 para. 23(3)
s. 112(1)(za) inserted by 2022 c. 31 Sch. 3 para. 24(2)(b)
s. 114A 114B substituted for s. 114A by 2022 c. 31 Sch. 3 para. 26
s. 114C and cross-heading inserted by 2022 c. 31 Sch. 3 para. 27
s. 116A 116B and cross-heading inserted by 2022 c. 31 Sch. 3 para. 30
s. 117(4)(4A) substituted for s. 117(4) by 2022 c. 31 Sch. 3 para. 31(4)
s. 125A 125B substituted for s. 125A by 2022 c. 31 Sch. 3 para. 39
s. 223C(1)(c)(d) inserted by 2022 c. 31 s. 28
s. 223LA inserted by 2022 c. 31 s. 30(3)
Sch. 15 para. 4(1)(b) and word omitted by 2012 c. 7 Sch. 14 para. 39(3)

71Schemes for meeting losses and liabilities etc of certain health service bodiesE+W

(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies [F1or other persons] specified in subsection (2) may make provision to meet—

(a)expenses arising from any loss of or damage to their property, and

(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies [F1or other persons] concerned.

(2)The bodies [F2 and other persons ] referred to in subsection (1) are—

[F3(za)[F4NHS England],

[F5(zb)integrated care boards,]]

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)NHS trusts,

(d)Special Health Authorities,

[F8(da)NICE,]

F9(db). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(dc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)NHS foundation trusts,

(f)[F11the Care Quality Commission] , and

[F12(fa)the Health Research Authority;]

[F13(fb)the Health Services Safety Investigations Body,]

F14(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(ga)the Commissioner for Patient Safety,]

[F16(h)the Secretary of State,

[F17(ha)a company formed under section 223 and wholly or partly owned by the Secretary of State or [F4NHS England],

(hb)a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,] and

(i)a body or other person (other than a body or other person within any of [F18paragraphs (za) to (hb)] ) providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of [F19paragraphs (za) to (h)] ,]

but a scheme under this section may limit the class or description of bodies which [F20, or other persons who, ] are eligible to participate in it.

[F21(2A)In subsection (1)(b) “functions”—

(a)in relation to the Secretary of State, means the Secretary of State's functions in connection with the health service;

[F22(ab)in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body;]

(b)in relation to a body or other person within paragraph (i) of subsection (2), means the body's or person's functions of providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of [F23paragraphs (za) to (h)] of that subsection.]

(3)A scheme under this section may, in particular—

(a)provide for the scheme to be administered by the Secretary of State [F24or [F4NHS England]] or by a F25... F26...NHS trust, Special Health Authority or NHS foundation trust specified in the scheme,

(b)require any body which [F27, or other person who,] participates in the scheme to make payments in accordance with the scheme, and

(c)provide for the making of payments for the purposes of the scheme by the Secretary of State [F28 (whether or not a participator in the scheme and, if a participator, whether or not required to make payments as a participator) ].

(4)If the Secretary of State so directs, a body which is eligible to participate in a scheme must do so.

[F29(5)The Secretary of State may make a direction under subsection (4) in respect of a body only if the body is within any of paragraphs [F30(c), (d)] [F31and (f)] of subsection (2).]

(6)Where a scheme provides for the scheme to be administered by the Secretary of State, [F32[F4NHS England] or] a F33... F34... NHS trust, Special Health Authority or NHS foundation trust must carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.

(7)Subsections (4) and (6) do not affect any other power of direction of the Secretary of State.

(8)A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 (c. 8) as respects activities carried out under the scheme.

[F35(9)In subsection (2)(i), the reference to a person providing health services does not include a person providing health services under a contract of employment.

(10) In this section “ health services ” means services provided as part of the health service. ]

Textual Amendments

F1Words in s. 71(1) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 142(2), 170(3)(4); S.I. 2008/2497, art. 5

F2Words in s. 71(2) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 142(3)(a), 170(3)(4); S.I. 2008/2497, art. 5

F3S. 71(2)(za)(zb) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 18(2)(a); S.I. 2012/1831, art. 2(2)

F4Words 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)