- Latest available (Revised)
- Original (As enacted)
Health Act 2009
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Health Act 2009, Section 3 is up to date with all changes known to be in force on or before 07 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.
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. 2(6)(ca) inserted by 2022 c. 31 Sch. 3 para. 57(b)
- s. 2(6)(ea) inserted by 2022 c. 31 Sch. 3 para. 57(c)
Commencement Orders yet to be applied to the Health Act 2009
Commencement Orders bringing provisions within this Act into force:
- S.I. 2011/1255 art. 2 amendment to earlier commencing SI 2010/1068 art. 2
3Availability and review of NHS ConstitutionE+W
This section has no associated Explanatory Notes
(1)The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.
(2)At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).
(3)The following must be consulted about the NHS Constitution on a 10 year review—
(a)patients and bodies or other persons representing patients,
(b)staff and bodies or other persons representing staff,
(c)carers,
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)members of the public,
(f)the bodies and persons listed in section 2(2), (4) and (5), and
(g)such other persons as the Secretary of State considers appropriate.
(4)The first 10 year review must be completed not later than 5 July 2018.
(5)The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
(6)The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.
(7)In this Chapter—
“carers” means persons who, as relatives or friends, care for other persons to whom [F2health services] are being provided;
“the guiding principles” means—
(a)the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or
(b)any revised version of those principles set out in the NHS Constitution published under this section or section 4;
“patients” means persons to whom [F2health services] are being provided;
“staff” means—
(a)persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of [F2health services];
(b)persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of [F2health services] or assistance or the making of arrangements as mentioned in the subsection in question.
F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 3(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 3(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3S. 3(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 3 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.