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National Health Service Act 2006

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National Health Service Act 2006 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Promotion and provision of the health service in England

    1. The Secretary of State and the health service in England

      1. 1.Secretary of State's duty to promote comprehensive health service

      2. 1A.Duty as to improvement in quality of services

      3. 1B.Duty as to the NHS Constitution

      4. 1C.Duty as to reducing inequalities

      5. 1D.Duty as to promoting autonomy

      6. 1E.Duty as to research

      7. 1F.Duty as to education and training

      8. 1G.Secretary of State's duty as to reporting on and reviewing treatment of providers

      9. 1GA.Secretary of State’s duty to report on workforce systems

    2. Role of NHS England in the health service in England

      1. 1H. NHS England and its general functions

    3. Role of integrated care boards in the health service in England

      1. 1I.General functions of integrated care boards

    4. General power

      1. 2..General power

    5. Provision for protection or improvement of public health

      1. 2A.Secretary of State's duty as to protection of public health

      2. 2B.Functions of local authorities and Secretary of State as to improvement of public health

    6. Arrangements for the provision of certain health services

      1. 3..Duties of integrated care boards as to commissioning certain health services

      2. 3A..Power of integrated care boards to commission certain health services

      3. 3B.Secretary of State's power to require NHS England to commission services

      4. 4.High security psychiatric services

      5. 5.Other services

    7. Provision of services otherwise than in England

      1. 6.Performance of functions outside England

      2. 6A.Reimbursement of cost of services provided in another EEA state

      3. 6B.Prior authorisation for the purposes of section 6A

      4. 6BA.Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013.

      5. 6BB.Prior authorisation for the purposes of section 6BA

    8. Regulations as to the exercise of functions

      1. 6C.Regulations as to the exercise by local authorities of certain public health functions

      2. 6D.Regulations relating to EU obligations

      3. 6E.Regulations as to the exercise of functions by NHS England or integrated care boards

    9. Functions of Special Health Authorities

      1. 7.Functions of Special Health Authorities

    10. Exercise of Secretary of State's public health functions

      1. 7A..Exercise of Secretary of State’s public health functions

      2. 7B.Directions requiring NHS bodies to exercise public health functions

      3. 7C.Power of direction: investigation functions

      4. 7D.Transfer schemes in connection with a direction under section 7C

      5. 7E.Transfer schemes under section 7D: taxation

    11. Directions to certain NHS bodies

      1. 8.Secretary of State's directions to certain health service bodies

    12. NHS contracts

      1. 9.NHS contracts

      2. 10.Provision for bodies in Northern Ireland

      3. 10A.Provision for bodies in Scotland

      4. 11.Arrangements to be treated as NHS contracts

    13. Arrangements with other bodies

      1. 12.Secretary of State's arrangements with other bodies

      2. 12ZA.Commissioning arrangements by NHS England or integrated care boards

      3. 12ZC.Eradicating slavery and human trafficking in supply chains

    14. Direct payments for health care

      1. 12A.Direct payments for health care

      2. 12B.Regulations about direct payments

      3. 12C.Direct payments pilot schemes

      4. 12D.Arrangements with other bodies relating to direct payments

    15. Miscellaneous

      1. 12E.Secretary of State's duty as respects variation in provision of health services

      2. 12F.Expected mental health spending

  3. Part 2 Health service bodies

    1. CHAPTER A1 NHS England

      1. Secretary of State's mandate to NHS England

        1. 13A.Mandate to NHS England

        2. 13B.Review of NHS England’s performance in implementing the mandate

      2. General duties of NHS England

        1. 13C.Duty to promote NHS Constitution

        2. 13D.Duty as to effectiveness, efficiency etc.

        3. 13E.Duty as to improvement in quality of services

        4. 13F.Duty as to promoting autonomy

        5. 13G.Duty as to reducing inequalities

        6. 13H.Duty to promote involvement of each patient

        7. 13I.Duty as to patient choice

        8. 13J.Duty to obtain appropriate advice

        9. 13K.Duty to promote innovation

        10. 13L.Duty in respect of research

        11. 13M.Duty as to promoting education and training

        12. 13N.Duty as to promoting integration

        13. 13NA.Duty to have regard to wider effect of decisions

        14. 13NB.Guidance about discharge of duty

        15. 13NC.Duties as to climate change etc

        16. 13ND.Guidance about discharge of duty under section 13NC etc

        17. 13O.Duty to have regard to impact on services in certain areas

        18. 13P.Duty as respects variation in provision of health services

      3. Public involvement

        1. 13Q.Public involvement and consultation by NHS England

      4. Functions in relation to information

        1. 13R.Information on safety of services provided by the health service

        2. 13S.Guidance in relation to processing of information

        3. 13SA.Information about inequalities

      5. Regulatory functions

        1. 13SB.Minimising conflicts between regulatory and other functions

        2. 13SC.Provision of regulatory information or assistance to the CMA

      6. Business plan and report

        1. 13T.Business plan

        2. 13U.Annual report

      7. Joint appointments

        1. 13UA.Guidance about joint appointments

      8. Additional powers

        1. 13V.Establishment of pooled funds

        2. 13W. NHS England’s power to generate income, etc.

        3. 13X.Power to make grants etc.

        4. 13Y. NHS England’s incidental powers: further provision

      9. Assistance and support

        1. 13YA.Power of NHS England to provide assistance and support

      10. ...

        1. 13Z.Exercise of functions

        2. 13ZA.Section 13Z: further provision in relation to devolved arrangements

        3. 13ZB.Section 13Z: arrangements in relation to the function under section 3B(1)(d)

      11. Powers of direction

        1. 13ZC.Secretary of State directions as to exercise of NHS England functions

        2. 13ZD.Power to give directions: exceptions

        3. 13ZE.Compliance with directions: significant failure

        4. 13ZF.Secretary of State directions to provide information

      12. Power to confer additional functions

        1. 13Z1.Power to confer additional functions on NHS England

      13. ...

        1. 13Z2.Failure by the Board to discharge any of its functions

      14. Disclosure of information

        1. 13Z3.Permitted disclosures of information

      15. Interpretation

        1. 13Z4.Interpretation

    2. CHAPTER A2 Clinical commissioning groups

      1. Establishment of clinical commissioning groups

        1. 14A.General duties of Board in relation to clinical commissioning groups

        2. 14B.Applications for the establishment of clinical commissioning groups

        3. 14C.Determination of applications

        4. 14D.Effect of grant of application

      2. Variation of constitution

        1. 14E.Applications for variation of constitution

        2. 14F.Variation of constitution otherwise than on application

      3. Mergers, dissolution etc.

        1. 14G.Mergers

        2. 14H.Dissolution

      4. Supplemental provision about applications, variation, mergers etc.

        1. 14I.Transfers in connection with variation, merger, dissolution etc.

        2. 14J.Publication of constitution of clinical commissioning groups

        3. 14K.Guidance about the establishment of clinical commissioning groups etc.

      5. Governing bodies of clinical commissioning groups

        1. 14L.Governing bodies of clinical commissioning groups

        2. 14M.Audit and remuneration committees of governing bodies

        3. 14N.Regulations as to governing bodies of clinical commissioning groups

      6. Conflicts of interest

        1. 14O.Registers of interests and management of conflicts of interest

      7. General duties of clinical commissioning groups

        1. 14P.Duty to promote NHS Constitution

        2. 14Q.Duty as to effectiveness, efficiency etc.

        3. 14R.Duty as to improvement in quality of services

        4. 14S.Duty in relation to quality of primary medical services

        5. 14T.Duties as to reducing inequalities

        6. 14U.Duty to promote involvement of each patient

        7. 14V.Duty as to patient choice

        8. 14W.Duty to obtain appropriate advice

        9. 14X.Duty to promote innovation

        10. 14Y.Duty in respect of research

        11. 14Z.Duty as to promoting education and training

        12. 14Z1.Duty as to promoting integration

      8. Public involvement

        1. 14Z2.Public involvement and consultation by clinical commissioning groups

      9. Arrangements with others

        1. 14Z3.Arrangements by clinical commissioning groups in respect of the exercise of functions

        2. 14Z3A.Joint exercise of functions with combined authorities

        3. 14Z4.Joint exercise of functions with Local Health Boards

      10. Additional powers of clinical commissioning groups

        1. 14Z5.Raising additional income

        2. 14Z6.Power to make grants

      11. Board's functions in relation to clinical commissioning groups

        1. 14Z7.Responsibility for payments to providers

        2. 14Z8.Guidance on commissioning by the Board

        3. 14Z9.Exercise of functions by, or jointly with, the Board

        4. 14Z10.Power of Board to provide assistance or support

      12. Commissioning plans and reports

        1. 14Z11.Commissioning plan

        2. 14Z12.Revision of commissioning plans

        3. 14Z13.Consultation about commissioning plans

        4. 14Z14.Opinion of Health and Wellbeing Boards on commissioning plans

        5. 14Z15.Reports by clinical commissioning groups

      13. Performance assessment of clinical commissioning groups

        1. 14Z16.Performance assessment of clinical commissioning groups

      14. Powers to require information etc.

        1. 14Z17.Circumstances in which powers in sections 14Z18 and 14Z19 apply

        2. 14Z18.Power to require documents and information etc.

        3. 14Z19.Power to require explanation

        4. 14Z20.Use of information

      15. Intervention powers

        1. 14Z21.Power to give directions, dissolve clinical commissioning groups etc.

      16. Procedural requirements in connection with certain powers

        1. 14Z22.Procedural requirements in connection with certain powers

      17. Disclosure of information

        1. 14Z23.Permitted disclosures of information

      18. Interpretation

        1. 14Z24.Interpretation

    3. CHAPTER A3 Integrated care boards

      1. Establishment of integrated care boards (including by re-purposing clinical commissioning groups)

        1. 14Z25.Duty to establish integrated care boards

        2. 14Z26.Process for establishing initial integrated care boards

        3. 14Z27.Abolition of clinical commissioning groups

        4. 14Z28.Transfer schemes in connection with integrated care boards

      2. Constitution: publication

        1. 14Z29.Duty for integrated care board to publish constitution

      3. Conflicts of interest

        1. 14Z30.Register of interests and management of conflicts of interests

      4. People for whom integrated care board has responsibility

        1. 14Z31.People for whom integrated care board has responsibility

      5. General duties of integrated care boards

        1. 14Z32.Duty to promote NHS Constitution

        2. 14Z33.Duty as to effectiveness, efficiency etc

        3. 14Z34.Duty as to improvement in quality of services

        4. 14Z35.Duties as to reducing inequalities

        5. 14Z36.Duty to promote involvement of each patient

        6. 14Z37.Duty as to patient choice

        7. 14Z38.Duty to obtain appropriate advice

        8. 14Z39.Duty to promote innovation

        9. 14Z40.Duty in respect of research

        10. 14Z41.Duty to promote education and training

        11. 14Z42.Duty to promote integration

        12. 14Z43.Duty to have regard to wider effect of decisions

        13. 14Z44.Duties as to climate change etc

      6. Involvement of the public

        1. 14Z45.Public involvement and consultation by integrated care boards

      7. Joint exercise of functions with Local Health Boards

        1. 14Z46.Joint exercise of functions with Local Health Boards

      8. Additional powers of integrated care boards

        1. 14Z47.Raising additional income

        2. 14Z48.Power to make grants

      9. Experience of members

        1. 14Z49.Duty to keep experience of members under review etc

      10. NHS England’s functions in relation to integrated care boards

        1. 14Z50.Responsibility for payments to providers

        2. 14Z51.Guidance by NHS England

      11. Forward planning and reports

        1. 14Z52.Joint forward plans for integrated care board and its partners

        2. 14Z53.Revision of forward plans

        3. 14Z54.Consultation about forward plans

        4. 14Z55.Opinion of Health and Wellbeing Boards on forward plan

        5. 14Z56.Joint capital resource use plan for integrated care board and its partners

        6. 14Z57.Revision of joint capital resource use plans

        7. 14Z58.Annual report

      12. Performance assessment of integrated care boards

        1. 14Z59.Performance assessment of integrated care boards

      13. Power of NHS England to obtain information

        1. 14Z60.Power of NHS England to obtain information

      14. Intervention powers

        1. 14Z61.Power to give directions to integrated care boards

        2. 14Z62.Section 14Z61 directions: consultation and cooperation

      15. Disclosure of information

        1. 14Z63.Permitted disclosures of information

      16. Interpretation

        1. 14Z64.Interpretation

    4. Chapter 1 Strategic Health Authorities

      1. 13.Strategic Health Authorities

      2. 14.Exercise of Strategic Health Authority functions

      3. 15.Strategic Health Authorities' directions

      4. 16.Section 92 arrangements and section 107 arrangements and LPS schemes

      5. 17.Advice for Strategic Health Authorities

      6. 17A.Reports on consultation

    5. Chapter 2 Primary Care Trusts

      1. 18.Primary Care Trusts

      2. 19.Exercise of Primary Care Trust functions

      3. 20.Strategic Health Authority directions to Primary Care Trusts

      4. 21.Provision of services etc

      5. 22.Administration and management of services

      6. 23.Advice for Primary Care Trusts

      7. 23A.Arrangements for improving quality of health care

      8. 24.Plans for improving health etc

      9. 24A.Report on consultation

    6. Chapter 3 NHS trusts

      1. 25.NHS trusts

      2. 26.General duty of NHS trusts

      3. 26A.Duty to have regard to wider effect of decisions

      4. 26B.Duties in relation to climate change etc

      5. 27.Financial provisions relating to NHS trusts

      6. 27A.Oversight and support of NHS trusts

      7. 27B.NHS England’s directions to NHS trusts

      8. 27C.Recommendations about restructuring

      9. 27D.Intervention in NHS trusts: recommendations etc by NHS England

    7. Chapter 4 Special Health Authorities

      1. 28.Special Health Authorities

      2. 28A.Special Health Authorities: further provision

      3. 29.Exercise of Special Health Authority functions

      4. 29A.Special Health Authorities: accounts and audit

    8. Chapter 5 NHS foundation trusts

      1. Introductory

        1. 30.NHS foundation trusts

        2. 31.Independent Regulator of NHS Foundation Trusts

        3. 32.General duty of regulator

      2. Authorisation

        1. 33.Applications by NHS trusts

        2. 34.Other applications

        3. 35.Authorisation of NHS foundation trusts

        4. 36.Effect of authorisation

        5. 37.Amendments of constitution

        6. 38.Variation of authorisation

        7. 39.Register of NHS foundation trusts

        8. 39A.Panel for advising governors

      3. Financial matters

        1. 40.Power of Secretary of State to give financial assistance

        2. 41.Prudential borrowing code

        3. 42.Public dividend capital

        4. 42A.Criteria for making loans etc.

        5. 42B.Limits on capital expenditure

        6. 42C.Guidance in relation to orders under section 42B

      4. Functions

        1. 43.Provision of goods and services

        2. 44.Power to charge for accommodation etc.

        3. 45.Protection of property

        4. 46.Financial powers

        5. 47.General powers

        6. 47A.Joint exercise of functions

        7. 48.Information

        8. 49.Entry and inspection of premises

        9. 50.Fees

        10. 51.Trust funds and trustees

        11. 51A.Significant transactions

      5. Failure

        1. 52.Failing NHS foundation trusts

        2. 52A.Application of sections 52B to 52E

        3. 52B.De-authorisation: regulator's notice

        4. 52C.Grounds for de-authorisation notice

        5. 52D.De-authorisation

        6. 52E.Secretary of State's request

        7. 53.Voluntary arrangements

        8. 54.Dissolution etc

        9. 55.Sections 53 and 54: supplementary

      6. Mergers, acquisitions and separations

        1. 56.Mergers

        2. 56A.Acquisitions

        3. 56AA.Acquisitions under section 56A: supplementary

        4. 56B.Separations

        5. 57.Sections 56 to 56B: supplementary

        6. 57A.Dissolution

      7. Miscellaneous

        1. 58.Taxation

        2. 59.Conduct of elections

        3. 60.Voting and standing for election

        4. 61.Representative membership

        5. 62.Audit

        6. 63.General duty of NHS foundation trusts

        7. 63A.Duty to have regard to wider effect of decisions

        8. 63B.Duties in relation to climate change etc

      8. Supplementary

        1. 64.Orders and regulations under this Chapter

        2. 65.Interpretation of this Chapter

    9. Chapter 5A Trust special administrators: NHS trusts and NHS foundation trusts

      1. Application

        1. 65A.Application

      2. Appointment

        1. 65B.NHS trusts: appointment of trust special administrator

        2. 65BA.Care Quality Commission report on safety and quality of services

        3. 65C.Suspension of directors

      3. ...

        1. 65D.NHS foundation trusts: appointment of trust special administrator

        2. 65DA.Objective of trust special administration

        3. 65E. NHS foundation trusts: de-authorisation and appointment of trust special administrator

      4. Consultation and report

        1. 65F.Draft report

        2. 65G.Consultation plan

        3. 65H.Consultation requirements

        4. 65I.Final report

        5. 65J.Power to extend time

      5. Action by the Secretary of State and NHS England

        1. 65K..Decision of NHS England or Secretary of State in case of NHS trust

        2. 65KA. NHS England’s decision in case of NHS foundation trust

        3. 65KB.Secretary of State's response to NHS England’s decision

        4. 65KC.Action following Secretary of State's rejection of final report

        5. 65KD.Secretary of State's response to re-submitted final report

        6. 65L.Trusts coming out of administration

        7. 65LA.Trusts to be dissolved

      6. Supplementary

        1. 65M.Replacement of trust special administrator

        2. 65N.Guidance

        3. 65O.Interpretation of this Chapter

    10. Chapter 5B Trust special administrators: Primary Care Trusts

      1. Appointment

        1. 65P.Appointment of trust special administrator

        2. 65Q.Displacement of functions

    11. Chapter 6 Miscellaneous

      1. Consolidated accounts

        1. 65Z4.Consolidated accounts for NHS trusts and NHS foundation trusts

      2. Joint working arrangements and delegation

        1. 65Z5.Joint working and delegation arrangements

        2. 65Z6.Joint committees and pooled funds

        3. 65Z7.Joint working and delegation: guidance by NHS England

      3. Intervention orders and default powers

        1. 66.Intervention orders

        2. 67.Effect of intervention orders

        3. 68.Default powers

      4. Protection of members and officers of health service bodies

        1. 69.Protection from personal liability

      5. Transfer schemes

        1. 69A.Transfer schemes: NHS trusts and NHS foundation trusts

      6. Transfer of residual liabilities

        1. 70.Transfer of residual liabilities of certain health service bodies

      7. Losses and liabilities of certain health service bodies

        1. 71.Schemes for meeting losses and liabilities etc of certain health service bodies

      8. Co-operation between NHS bodies

        1. 72.Co-operation between NHS bodies

      9. NHS trusts and foundation trusts: exemption from merger legislation

        1. 72A.Exemption from Part 3 of the Enterprise Act 2002

      10. Directions and regulations under this Part

        1. 73.Directions and regulations under this Part

  4. Part 3 Local authorities and the NHS

    1. 73A.Appointment of directors of public health

    2. 73B.Exercise of public health functions of local authorities: further provision

    3. 73C.Complaints about exercise of public health functions by local authorities

    4. 74.Supply of goods and services by local authorities

    5. 75.Arrangements between NHS bodies and local authorities

    6. 76.Power of local authorities to make payments

    7. 77.Care Trusts

    8. 78.Directed partnership arrangements

    9. 79.Further provision about directions and directed partnership arrangements

    10. 80.Supply of goods and services by the Secretary of State , NHS England and integrated care boards

    11. 81.Conditions of supply under section 80

    12. 82.Co-operation between NHS bodies and local authorities

  5. Part 4 Medical services

    1. Duty of NHS England in relation to primary medical services

      1. 83.Primary medical services

    2. General medical services contracts

      1. 84.General medical services contracts: introductory

      2. 85.Requirement to provide certain primary medical services

      3. 86.Persons eligible to enter into GMS contracts

      4. 87.GMS contracts: payments

      5. 88.GMS contracts: prescription of drugs, etc

      6. 89.GMS contracts: other required terms

      7. 90.GMS contracts: disputes and enforcement

    3. Performance of primary medical services

      1. 91.Persons performing primary medical services

    4. Other arrangements for the provision of primary medical services

      1. 92.Arrangements by NHS England for the provision of primary medical services

      2. 93.Persons with whom agreements may be made under section 92

      3. 94.Regulations about section 92 arrangements

      4. 95.Transfer of liabilities relating to section 92 arrangements

    5. Assistance and support

      1. 96.Assistance and support: primary medical services

    6. Local Medical Committees

      1. 97.Local Medical Committees

    7. Provision of accommodation by the Secretary of State

      1. 98.Use of accommodation: provision of primary medical services

    8. Directions

      1. 98A.Exercise of functions

  6. Part 5 Dental services

    1. Duty of NHS England in relation to primary dental services

      1. 99.Primary dental services

    2. General dental services contracts

      1. 100.General dental services contracts: introductory

      2. 101.Requirement to provide certain primary dental services

      3. 102.Persons eligible to enter into GDS contracts

      4. 103.GDS contracts: payments

      5. 104.GDS contracts: other required terms

      6. 105.GDS contracts: disputes and enforcement

    3. Performance of primary dental services

      1. 106.Persons performing primary dental services

    4. Other arrangements for the provision of primary dental services

      1. 107.Arrangements by NHS England for the provision of primary dental services

      2. 108.Persons with whom agreements may be made under section 107

      3. 109.Regulations about section 107 arrangements

      4. 110.Transfer of liabilities relating to section 107 arrangements

    5. Dental public health

      1. 111.Dental public health

    6. Assistance and support

      1. 112.Assistance and support: primary dental services

    7. Local Dental Committees

      1. 113.Local Dental Committees

    8. Provision of accommodation by the Secretary of State

      1. 114.Use of accommodation: provision of primary dental services

    9. Directions

      1. 114A.Exercise of functions

  7. Part 6 Ophthalmic services

    1. Duty of NHS England in relation to primary ophthalmic services

      1. 115.Primary ophthalmic services

      2. 116.Regulations under section 115: supplementary

    2. General ophthalmic services contracts

      1. 117.General ophthalmic services contracts: introductory

      2. 118.Persons eligible to enter into GOS contracts

      3. 119.Exclusion of contractors

      4. 120.GOS contracts: payments

      5. 121.GOS contracts: other required terms

      6. 122.GOS contracts: disputes and enforcement

    3. Performance of primary ophthalmic services

      1. 123.Persons performing primary ophthalmic services

    4. Assistance and support

      1. 124.Assistance and support: primary ophthalmic services

    5. Local Optical Committees

      1. 125.Local Optical Committees

    6. Directions

      1. 125A.Exercise of functions

  8. Part 7 Pharmaceutical services and local pharmaceutical services

    1. Chapter 1 Provision of pharmaceutical services

      1. 126.Arrangements for pharmaceutical services

      2. 127.Arrangements for additional pharmaceutical services

      3. 128.Terms and conditions, etc

      4. 128A.Pharmaceutical needs assessments

      5. 129.Regulations as to pharmaceutical services

      6. 130.Regulations under section 129: appeals, etc

      7. 131.Power to charge

      8. 132.Persons authorised to provide pharmaceutical services

      9. 133.Inadequate provision of pharmaceutical services

    2. Chapter 2 Local pharmaceutical services: pilot schemes

      1. 134.Pilot schemes

      2. 135.Making pilot schemes

      3. 136.Designation of priority neighbourhoods or premises

      4. 137.Reviews of pilot schemes

      5. 138.Variation and termination of pilot schemes

      6. 139.NHS contracts and the provision of piloted services

      7. 140.Funding of preparatory work

      8. 141.Application of this Act

      9. 142.Premises from which piloted services may be provided

      10. 143.Control of entry regulations

    3. Chapter 3 Local pharmaceutical services: LPS schemes

      1. 144.Local pharmaceutical services schemes

    4. Chapter 4 Local pharmaceutical services: miscellaneous

      1. Application of enactments

        1. 145.Application of enactments

      2. Performance of local pharmaceutical services

        1. 146.Persons performing local pharmaceutical services

      3. Assistance and support

        1. 147.Assistance and support: local pharmaceutical services

    5. CHAPTER 4A Lists of performers of pharmaceutical services and assistants

      1. 147A.Performers of pharmaceutical services and assistants

      2. 147B.Further provision about regulations under section 147A

    6. Chapter 5 Conditional inclusion in pharmaceutical lists

      1. 148.Conditional inclusion in pharmaceutical lists

      2. 149.Supplementary lists

      3. 150.Further provision about regulations under section 149

    7. Chapter 5A Notices and penalties

      1. 150A.Notices and penalties

    8. Chapter 6 Disqualification

      1. 151.Disqualification of practitioners

      2. 152.Contingent removal

      3. 153.Fraud and unsuitability cases: supplementary

      4. 154.Suspension

      5. 155.Suspension pending appeal

      6. 156.Effect of suspension

      7. 157.Review of decisions

      8. 158.Appeals

      9. 159.National disqualification

      10. 160.Notification of decisions

      11. 161.Withdrawal from lists

      12. 162.Regulations about decisions under this Chapter

      13. 163.Corresponding provisions in Scotland and Northern Ireland

    9. Chapter 7 Miscellaneous

      1. Remuneration

        1. 164.Remuneration for persons providing pharmaceutical services

        2. 165.Section 164: supplementary

        3. 165A.Pharmaceutical remuneration: further provision

      2. Indemnity cover

        1. 166.Indemnity cover

      3. Local Pharmaceutical Committees

        1. 167.Local Pharmaceutical Committees

      4. Provision of accommodation by the Secretary of State

        1. 168.Use of accommodation: provision of pharmaceutical services and local pharmaceutical services

      5. Directions

        1. 168A.Exercise of functions

  9. Part 8 Appeals to First-Tier Tribunal

    1. 169.Appeals to the First-tier Tribunal

    2. 170.FHSAA: financial provisions

    3. 171.Conditions of use of services of persons under section 169

  10. Part 9 Charging

    1. Power to charge generally

      1. 172.Charges for drugs, medicines or appliances, or pharmaceutical services

      2. 173.Exemptions from general charging

      3. 174.Pre-payment certificates

      4. 175.Charges in respect of non-residents

    2. Charging for dental services

      1. 176.Dental charging

      2. 177.Exemptions from dental charging

    3. Charging for local pharmaceutical services

      1. 178.Charges, recovery of payments and penalties

    4. Charging for optical appliances

      1. 179.Charges for optical appliances

      2. 180.Payments in respect of costs of optical appliances and sight tests

      3. 181.Section 180: supplementary

    5. Exemptions, etc

      1. 182.Remission and repayment of charges

      2. 183.Payment of travelling expenses

      3. 184.Sections 182 and 183: supplementary

    6. Other provisions relating to charging

      1. 185.Charges for more expensive supplies

      2. 186.Charges for repairs and replacements in certain cases

      3. 186A.Charges in respect of public health functions

      4. 187.Charges for designated services or facilities

      5. 188.Sums otherwise payable to those providing services

      6. 189.Hospital accommodation on part payment

      7. 190.Expenses payable by employed patients

    7. Recovery, etc

      1. 191.Recovery of charges

      2. 192.Recovery of charges and payments in relation to goods and services

      3. 193.Penalties relating to charges

      4. 194.Offences relating to charges

  11. Part 10 Protection of NHS from fraud and other unlawful activities

    1. Preliminary

      1. 195.Compulsory disclosure of documents

      2. 196.Persons and bodies about which provision is made by this Part

    2. Disclosure notices

      1. 197.Notice requiring production of documents

      2. 198.Production of documents

      3. 199.Delegation of functions

      4. 200.Code of practice relating to delegated functions

      5. 201.Disclosure of information

      6. 202.Protection of personal information disclosed for purposes of proceedings

      7. 203.Manner in which disclosure notice may be served

    3. Offences under this Part

      1. 204.Offences in connection with production of documents

      2. 205.Offences relating to disclosure or use of information

      3. 206.Offences by bodies corporate etc

      4. 207.Offences committed by partnerships and other unincorporated associations

      5. 208.Penalties for offences under this Part: transitional modification

    4. Supplementary

      1. 209.Orders and regulations under this Part

      2. 210.Interpretation of this Part

  12. Part 11 Property and finance

    1. Chapter 1 Land and other property

      1. 211.Acquisition, use and maintenance of property

    2. Chapter 2 Trusts

      1. 212.Special trustees for a university hospital or teaching hospital

      2. 213.Transfers of trust property

      3. 214.Transfer of functions and property to or from Welsh special trustees

      4. 215.Trustees and property under section 222

      5. 216.Application of trust property: further provisions

      6. 217.Trusts: supplementary provisions

      7. 218.Private trusts for hospitals

    3. Chapter 3 Property transferred under the National Health Service Act 1946

      1. 219.Transferred property free of trusts

      2. 220.Trust property previously held for general hospital purposes

      3. 221.Voluntary hospitals

    4. Chapter 4 Raising money

      1. 222.Power to raise money

    5. Chapter 5 Formation of companies

      1. 223.Public-private partnerships

      2. 223A..Application of section 223 to integrated care boards

    6. Chapter 6 Finance

      1. NHS England

        1. 223B.Funding of NHS England

        2. 223C..Financial duties of NHS England: expenditure

        3. 223CA.NHS England: banking facilities

        4. 223D..Financial duties of NHS England: controls on total resource use

        5. 223E..Financial duties of NHS England: additional controls on resource use

        6. 223F.Power to establish contingency fund

      2. Integrated care boards

        1. 223G.Means of meeting expenditure of integrated care boards out of public funds

        2. 223GA.Expenditure on integration

        3. 223GB.Power to impose financial requirements on integrated care boards

        4. 223GC.Financial duties of integrated care boards: expenditure limits

        5. 223GD.Integrated care boards: banking facilities

        6. 223H.Financial duties of clinical commissioning groups: expenditure

        7. 223I.Financial duties of clinical commissioning groups: use of resources

        8. 223J.Financial duties of clinical commissioning groups: additional controls on resource use

        9. 223K.Payments in respect of quality

      3. Joint duties of an integrated care board and its partner NHS trusts and NHS foundation trusts

        1. 223L.Joint financial objectives for integrated care boards etc

        2. 223M.Financial duties of integrated care boards etc: use of resources

        3. 223N.Financial duties of integrated care boards etc: additional controls on resource use

      4. Directions about resources etc to be taken into account

        1. 223O.Resources etc relevant to section 223D, 223E or 223M

      5. Strategic Health Authorities and Special Health Authorities

        1. 224.Means of meeting expenditure of Strategic Health Authorities out of public funds

        2. 225.Means of meeting expenditure of Special Health Authorities out of public funds

        3. 226.Financial duties of ... Special Health Authorities

        4. 227.Resource limits for ... Special Health Authorities

      6. Primary Care Trusts

        1. 228.Public funding of Primary Care Trusts

        2. 229.Financial duties of Primary Care Trusts

        3. 230.Resource limits for Primary Care Trusts

        4. 231.Further provision about the expenditure of Primary Care Trusts

      7. ...

        1. 232.Accounts and audit

      8. Allowances and remuneration

        1. 233.Allowances for members of certain bodies

        2. 234.Special arrangement as to payment of remuneration

        3. 235.Superannuation of officers of certain hospitals

        4. 236.Payments for certain medical examinations

  13. Part 12 Public involvement and scrutiny

    1. Chapter 1 Patients' Forums

      1. 237.Establishment of Patients' Forums

      2. 238.Additional functions of PCT Patients' Forums

      3. 239.Entry and inspection of premises

      4. 240.Annual reports

      5. 241.Further provision about Patients' Forums

    2. Chapter 2 Public involvement and consultation

      1. 242.Public involvement and consultation

      2. 242A.Strategic Health Authorities: further duty to involve users

      3. 242B.Directions in cases where Strategic Health Authority arranges involvement

      4. 243.The Commission for Patient and Public Involvement in Health

    3. Chapter 3 Review and scrutiny by local authorities

      1. 244.Review and scrutiny by local authorities

      2. 245.Joint overview and scrutiny committees etc

      3. 246. Business relating to functions of local authorities by virtue of section 244: exempt information

      4. 247.Application to the City of London

      5. 247A.Application to certain other local authorities without overview and scrutiny committees

  14. Part 13 Miscellaneous

    1. Co-operation in relation to public health functions

      1. 247B.Co-operation in relation to public health functions

    2. Duty to keep under review

      1. 247C.Secretary of State's duty to keep health service functions under review

    3. Annual report

      1. 247D.Secretary of State's annual report

    4. Independent advocacy services

      1. 248.Independent advocacy services

    5. Joint working with the prison service

      1. 249.Joint working with the prison service

    6. Standing advisory committees

      1. 250.Secretary of State's standing advisory committees

    7. The National Information Governance Board for Health and Social Care

      1. 250A.National Information Governance Board: functions

      2. 250B.National Information Governance Board: Wales

      3. 250C.National Information Governance Board: further provisions.

      4. 250D.National Information Governance Board: annual reports

    8. Patient information

      1. 251.Control of patient information

      2. 252.Consultation with the Care Quality Commission

    9. Emergencies: role of the Secretary of State, NHS England and integrated care boards

      1. 252A.Role of NHS England and integrated care boards in respect of emergencies

      2. 253.Emergency powers

    10. Local social services authorities

      1. 254.Local social service authorities

    11. Support functions of the Secretary of State

      1. 254A.(1) The Secretary of State may, for the purpose of...

    12. Supplies by the Secretary of State

      1. 255.Supplies not readily obtainable

    13. Community services

      1. 256.Power of NHS England or an integrated care board to make payments towards expenditure on community services

      2. 257.Payments in respect of voluntary organisations under section 256

    14. Universities

      1. 258.University clinical teaching and research

    15. Sale of medical practices

      1. 259.Sale of medical practices

    16. Price of medical supplies

      1. 260.Control of maximum price of medical supplies other than health service medicines

      2. 261.Powers relating to voluntary schemes

      3. 262.Power to control prices

      4. 263.Statutory schemes

      5. 264.Statutory schemes: supplementary

      6. 264A.Provision of information about health service products

      7. 264B.Disclosure of information

      8. 264C.Sections 264A and 264B: supplementary

      9. 265.Enforcement

      10. 266.Controls: supplementary

    17. Use of facilities in private practice

      1. 267.Permission for use of facilities in private practice

    18. ...

      1. 268.Persons displaced by health service development

    19. Registration of information, etc

      1. 269.Special notices of births and deaths

      2. 270.Provision of information by Registrar General

  15. Part 14 Supplementary

    1. 271.Territorial limit of exercise of functions

    2. 271A.Services to be treated as services of the Crown for certain purposes

    3. 272.Orders, regulations, rules and directions

    4. 273.Further provision about orders and directions under this Act

    5. 274.Supplementary regulatory powers

    6. 275.Interpretation

    7. 275A.References to functions: delegation etc

    8. 276.Index of defined expressions

    9. 277.Commencement

    10. 278.Short title, extent and application

  16. SCHEDULES

    1. SCHEDULE A1

      NHS England

      1. 1.Status

      2. 2.Membership

      3. 3.The chief executive and other executive members: appointment and status

      4. 4.Non-executive members: tenure

      5. 5.Suspension of non-executive members

      6. 6.(1) Where a person is suspended from office as the...

      7. 7.Payment of non-executive members

      8. 8.Staff

      9. 9.(1) Employees of NHS England are to be paid such...

      10. 9A.(1) NHS England may make arrangements for a person to...

      11. 10.Committees

      12. 11.Trust funds and trustees

      13. 12.Procedure

      14. 13.Exercise of functions

      15. 14....

      16. 15.Accounts

      17. 16.Annual accounts

      18. 17.Interim Accounts

      19. 18.Seal and evidence

    2. SCHEDULE 1

      Further provision about the Secretary of State and services under this Act

      1. Medical inspection of pupils

        1. 1.A local authority must provide for the medical inspection at...

        2. 2.(1) A local authority may ... provide for any medical...

        3. 3.An arrangement under paragraph 2(2) may provide for payments by...

        4. 4.A local authority may not provide for any medical inspection...

        5. 5.(1) Sub-paragraph (2) applies to— (a) . . . ....

        6. 6.In paragraphs 1 to 5 any expression to which a...

        7. 7.Any charge made under regulations under this Act in respect...

      2. Weighing and measuring of children

        1. 7A.(1) A local authority may ... provide for the weighing...

        2. 7B.(1) The Secretary of State may by regulations—

      3. Supply of blood and other human tissues

        1. 7C.The Secretary of State must for the purposes of the...

      4. Contraceptive services

        1. 8.The Secretary of State must arrange, to such extent as...

      5. Provision of vehicles for disabled persons

        1. 9.(1) An integrated care board may make arrangements for the...

        2. 10.(1) Sub-paragraphs (2) and (3) apply in respect of—

        3. 11.Regulations may provide for any incidental or supplementary matter for...

      6. Provision of a microbiological service by the Secretary of State

        1. 12.(1) The Secretary of State may— (a) . . ....

      7. Powers in relation to research etc.

        1. 13.(1) The Secretary of State, NHS England or an integrated...

    3. SCHEDULE 1A

      Clinical commissioning groups

      1. PART 1 Constitution of clinical commissioning groups

        1. General

          1. 1.A clinical commissioning group must have a constitution.

          2. 2.(1) The constitution must specify— (a) the name of the...

          3. 3.(1) The constitution must specify the arrangements made by the...

          4. 4.(1) The constitution must specify the procedure to be followed...

          5. 5.The constitution must specify the arrangements made by the clinical...

          6. 6.The provision made by virtue of paragraphs 3 and 4...

        2. Governing bodies of clinical commissioning groups

          1. 7.(1) The constitution must specify the arrangements made by the...

          2. 8.(1) The constitution must specify the procedure to be followed...

        3. Supplemental

          1. 9.In addition to the provision authorised or required to be...

      2. PART 2 Further provision about clinical commissioning groups

        1. Status

          1. 10.(1) A clinical commissioning group is a body corporate.

        2. Staff

          1. 11.(1) A clinical commissioning group may appoint such persons to...

        3. Accountable officer

          1. 12.(1) A clinical commissioning group must have an accountable officer....

        4. Remuneration etc for members of governing bodies

          1. 13.(1) A clinical commissioning group may pay members of its...

        5. Additional powers in respect of payment of allowances

          1. 14.A clinical commissioning group may pay such travelling or other...

        6. ...

          1. (1) The Secretary of State may by order provide for...

        7. Externally financed development agreements

          1. 16.(1) The powers of a clinical commissioning group include power...

        8. Accounts and audits

          1. 17.(1) A clinical commissioning group must keep proper accounts and...

        9. Provision of financial information to NHS England

          1. 18.(1) NHS England may direct a clinical commissioning group to...

        10. Provision of information required by the Secretary of State

          1. 19.(1) The Secretary of State may require each clinical commissioning...

        11. Incidental powers

          1. 20.The power conferred on a clinical commissioning group by section...

        12. Seal and evidence

          1. 21.(1) The application of a clinical commissioning group's seal must...

      3. PART 3 Transfer schemes

        1. 22.The things that may be transferred under a property transfer...

        2. 23.A property transfer scheme or a staff transfer scheme may...

        3. 24.A property transfer scheme may make provision for the shared...

        4. 25.A staff transfer scheme may make provision which is the...

        5. 26.A property transfer scheme or a staff transfer scheme may...

    4. SCHEDULE 1B

      Integrated care boards

      1. PART 1 Constitution of integrated care boards

        1. 1.Introduction

        2. 2.Name and area

        3. 3.Membership: general

        4. 4.The constitution must prohibit a person from appointing someone as...

        5. 5.Chair

        6. 6.The constitution may not confer power to remove the chair...

        7. 7.Chief executive

        8. 8.Ordinary members

        9. 9.Further provision in connection with membership

        10. 10.(1) The constitution of an integrated care board must comply...

        11. 11.Arrangements for discharging functions

        12. 12.(1) The constitution must specify the procedure to be followed...

        13. 13.Arrangements for conflicts of interests

        14. 14.Arrangements for public involvement

        15. 15.Variation of constitution

        16. 16.Further provision

      2. PART 2 Further provision about integrated care boards

        1. 17.Status

        2. 18.Staff

        3. 19.(1) An integrated care board may make arrangements for a...

        4. 20.Additional powers in respect of payment of allowances

        5. 21.Externally financed development agreements

        6. 22.Accounts and audits

        7. 23.Incidental powers

        8. 24.Seal and evidence

    5. SCHEDULE 2

      Strategic Health Authorities

      1. Corporate status

        1. 1.Each Strategic Health Authority is a body corporate.

      2. Pay and allowances

        1. 2.(1) The Secretary of State may pay to—

      3. Membership of Strategic Health Authorities

        1. 3.A Strategic Health Authority consists of— (a) a chairman appointed...

        2. 4.Regulations may provide that all or any of the persons...

        3. 5.Regulations must provide that each of the persons who is...

        4. 6.Regulations may provide for a person of a prescribed description...

      4. Staff

        1. 7.(1) A Strategic Health Authority may employ such officers as...

        2. 8.(1) The Secretary of State must, before he makes regulations...

      5. Miscellaneous

        1. 9.Provision may be made by regulations as to—

        2. 10.Regulations made under this Schedule may make provision (including provision...

        3. 11.A Strategic Health Authority may pay subscriptions, of such amounts...

        4. 12.A Strategic Health Authority has power to accept gifts of...

        5. 13.(1) The Secretary of State may by order provide for...

        6. 14.The proceedings of a Strategic Health Authority are not invalidated...

        7. 15.(1) A Strategic Health Authority may— (a) make available at...

        8. 16.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        9. 17.Provision may be made by regulations with respect to the...

    6. SCHEDULE 3

      Primary Care Trusts

      1. Part 1 Constitution and membership

        1. Status

          1. 1.Each Primary Care Trust is a body corporate.

          2. 2.(1) A Primary Care Trust must not be regarded as...

        2. Membership

          1. 3.The members of a Primary Care Trust are—

          2. 4.(1) Regulations may make provision about— (a) the appointment of...

          3. 5.Any reference in this Schedule to a committee of a...

          4. 6.The validity of any proceedings of a Primary Care Trust,...

        3. Staff

          1. 7.(1) A Primary Care Trust may employ such officers as...

          2. 8.(1) The Secretary of State may direct a Primary Care...

          3. 9.In addition to making provision in relation to Strategic Health...

          4. 10.(1) Sub-paragraph (3) applies where the registration of a dental...

        4. Remuneration, pensions etc of members

          1. 11.(1) A Primary Care Trust may pay the chairman and...

        5. Trust funds and trustees

          1. 12.(1) The Secretary of State may by order provide for...

      2. Part 2 PCT orders

        1. 13.(1) A PCT order must specify— (a) the name of...

        2. 14.(1) A PCT order may provide for the establishment of...

      3. Part 3 Powers and duties

        1. General

          1. 15.(1) A Primary Care Trust may do anything which appears...

        2. Rights and liabilities

          1. 16.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        3. Powers of Primary Care Trusts to enter into externally financed development agreements

          1. 17.(1) The powers of a Primary Care Trust include power...

        4. Research

          1. 18.(1) A Primary Care Trust may conduct, commission or assist...

        5. Training

          1. 19.A Primary Care Trust may— (a) make officers available in...

        6. Specific duties

          1. 20.(1) As soon as is practicable after the end of...

          2. 21.Provision must be made by regulations requiring Primary Care Trusts...

        7. Compulsory acquisition

          1. 22.(1) A Primary Care Trust may be authorised to purchase...

        8. Dissolution

          1. 23.(1) The Secretary of State may, if a Primary Care...

      4. Part 4 Transfer of property

        1. 24.(1) The Secretary of State may by order (referred to...

        2. 25.(1) Stamp duty is not chargeable in respect of any...

      5. Part 5 Transfer of staff

        1. 26.(1) The Secretary of State may by order transfer to...

        2. 27.(1) The contract of employment of an employee transferred under...

        3. 28.(1) Where an employee will be transferred by an order...

        4. 29.Where a Primary Care Trust is dissolved, an order under...

    7. SCHEDULE 4

      NHS trusts established under section 25

      1. Part 1 Constitution, establishment, etc

        1. Status

          1. 1.Each NHS trust is a body corporate.

          2. 2.(1) An NHS trust must not be regarded as the...

        2. Board of directors

          1. 3.(1) Each NHS trust has a board of directors consisting...

        3. Regulations

          1. 4.(1) The Secretary of State may by regulations make provision...

        4. Provision to be made by first NHS trust order

          1. 5.(1) The first NHS trust order made in relation to...

        5. Temporary availability of staff etc.

          1. 6.(1) An NHS trust order may require a ... Special...

        6. Establishment of NHS trust prior to operational date

          1. 7.(1) An NHS trust order may provide for the establishment...

        7. Transfer of staff to NHS trusts

          1. 8.(1) This paragraph applies to any person who, immediately before...

        8. Transfer of property and liabilities to NHS trusts

          1. 9.(1) The Secretary of State may by order transfer, or...

        9. Trust funds and trustees

          1. 10.(1) The Secretary of State may by order provide for...

        10. Pay and allowances

          1. 11.(1) An NHS trust must pay— (a) to the chairman...

        11. Accounts and audit

          1. 11A.(1) An NHS trust must keep proper accounts and proper...

        12. Reports and other information

          1. 12.(1) For each accounting year an NHS trust must prepare...

          2. 13.(1) An NHS trust must furnish to the Secretary of...

      2. Part 2 Powers and duties

        1. General

          1. 14.(1) An NHS trust may do anything which appears to...

        2. NHS contracts

          1. 15.(1) In addition to carrying out its other functions, an...

        3. Research

          1. 16.An NHS trust may undertake and commission research and make...

        4. Training

          1. 17.An NHS trust may— (a) provide training for persons employed...

        5. Joint exercise of functions

          1. 18.An NHS trust may enter into arrangements for the carrying...

        6. Payment for accommodation or services

          1. 19.(1) According to the nature of its functions, an NHS...

        7. Additional income

          1. 20.(1) For the purpose of making additional income available in...

        8. Provision of accommodation and services outside England and Wales

          1. 21.An NHS Trust may arrange for the provision of accommodation...

        9. Conferral of further powers by order

          1. 22.The Secretary of State may by order confer specific powers...

        10. Powers of NHS trusts to enter into externally financed development agreements

          1. 23.(1) The powers of an NHS trust include power to...

        11. Agreements under section 92 or 107

          1. 24.An NHS trust may provide services under an agreement made...

        12. Staff

          1. 25.(1) An NHS trust may employ such staff as it...

        13. Pensions, etc.

          1. 26.(1) An NHS trust may, for or in respect of...

        14. Compulsory acquisition

          1. 27.(1) An NHS trust may be authorised to purchase land...

      3. Part 3 Dissolution

        1. 28.(1) The Secretary of State or NHS England may by...

        2. 29.(1) If an NHS trust is dissolved under paragraph 28,...

        3. 30.(1) If an NHS trust is dissolved under paragraph 28,...

        4. 31.Subject to section 56AA, an NHS trust may not be...

      4. Part 4 Miscellaneous

        1. Use and development of consecrated land and burial grounds

          1. 32.Section 128 of the Town and Country Planning Act 1971...

        2. Instruments etc.

          1. 33.(1) The fixing of the seal of an NHS trust...

        3. Interpretation

          1. 34.In this Schedule— “provide” includes manage, “operational date” has the...

    8. SCHEDULE 5

      Financial provision about NHS trusts established under section 25

      1. Originating capital of NHS trusts

        1. 1.(1) Each NHS trust has an originating capital of an...

      2. Financial obligations of NHS trusts

        1. 2.(1) Each NHS trust must ensure that its revenue is...

      3. Borrowing

        1. 3.(1) For the purpose of its functions an NHS trust...

      4. Guarantees of borrowing

        1. 4.(1) The Secretary of State may guarantee, in such manner...

      5. Limits on indebtedness

        1. 5.The aggregate of all sums borrowed by NHS trusts which...

      6. Additional public dividend capital

        1. 6.The Secretary of State may, with the consent of the...

      7. Supplementary payments

        1. 7.(1) The Secretary of State may make a payment to...

      8. Surplus funds

        1. 8.If it appears to the Secretary of State that any...

      9. Investment

        1. 9.(1) An NHS trust has power to invest money held...

        2. 10.Any direction under section 8 with respect to—

    9. SCHEDULE 6

      Special Health Authorities established under section 28

      1. Corporate status

        1. 1.Each Special Health Authority is a body corporate.

      2. Pay and allowances

        1. 2.(1) The Secretary of State may pay to—

      3. Staff

        1. 3.(1) A Special Health Authority may employ such officers as...

        2. 4.(1) The Secretary of State must, before he makes regulations...

      4. Miscellaneous

        1. 5.Provision may be made by regulations as to—

        2. 6.Regulations made under this Schedule may make provision (including provision...

        3. 7.A Special Health Authority may pay subscriptions, of such amounts...

        4. 8.A Special Health Authority has power to accept gifts of...

        5. 9.(1) The Secretary of State may by order provide for...

        6. 10.The proceedings of a Special Health Authority are not invalidated...

        7. 11.(1) A Special Health Authority may— (a) make available at...

        8. 12.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        9. 13.Provision may be made by regulations with respect to the...

    10. SCHEDULE 7

      Constitution of public benefit corporations

      1. Requirement for a constitution

        1. 1.(1) A public benefit corporation must have a constitution.

        2. 2.(1) The constitution must name the corporation and, if the...

      2. Eligibility for membership

        1. 3.(1) The persons who may become or continue as members...

      3. Constituencies

        1. 4.(1) Members of a public benefit corporation are referred to...

        2. 5.The constitution must require a minimum number of members of...

      4. Becoming a member

        1. 6.(1) An individual who is eligible to become a member...

      5. Council of Governors

        1. 7.(1) A public benefit corporation has a council of governors....

        2. 8.(1) The following may not become or continue as members...

        3. 9.(1) More than half of the members of the council...

        4. 10.(1) An elected member of the council of governors may...

        5. 10A.The general duties of the council of governors are—

        6. 10B.A public benefit corporation must take steps to secure that...

        7. 10C.For the purpose of obtaining information about the corporation's performance...

        8. 11.The corporation may pay travelling and other expenses to members...

        9. 12.The constitution must provide for the chairman of the corporation...

        10. 13.(1) The constitution must provide for meetings of the council...

        11. 14.(1) The constitution must make provision as to—

      6. Directors

        1. 15.(1) A public benefit corporation has a board of directors....

        2. 16.(1) The board consists of— (a) executive directors, one of...

        3. 17.(1) It is for the council of governors at a...

        4. 18.(1) It is for the council of governors at a...

        5. 18A.The general duty of the board of directors, and of...

        6. 18B.(1) The duties that a director of a public benefit...

        7. 18C.(1) If a director of a public benefit corporation has...

        8. 18D.(1) Before holding a meeting, the board of directors must...

        9. 18E.(1) The constitution must provide for meetings of the board...

      7. Initial directors of former NHS trusts

        1. 19.(1) This paragraph applies, where the application for authorisation is...

      8. Register of members etc

        1. 20.(1) A public benefit corporation must have—

        2. 21.The constitution must make provision for dealing with conflicts of...

        3. 22.(1) A public benefit corporation must make the following documents...

      9. Auditor

        1. 23.(1) A public benefit corporation must have an auditor.

      10. Accounts

        1. 24.(1) A public benefit corporation must keep proper accounts and...

        2. 25.(1) A public benefit corporation must prepare in respect of...

      11. Annual reports and forward plans

        1. 26.(1) A public benefit corporation must prepare annual reports and...

        2. 27.(1) A public benefit corporation must give information to NHS...

      12. Annual meeting of members

        1. 27A.(1) A public benefit corporation must hold an annual meeting...

      13. Meeting of council of governors to consider annual accounts and reports

        1. 28.(1) The following documents must be presented to the council...

      14. Combined meetings of members and governors

        1. 28A.A public benefit corporation may hold a meeting which combines...

      15. Instruments etc

        1. 29.(1) The constitution must make provision for the authentication of...

      16. Power to make provision about voting

        1. 30.(1) Regulations may amend this Chapter so as to add,...

    11. SCHEDULE 8

      Independent Regulator of NHS foundation Trusts

      1. Membership

        1. 1.(1) The regulator consists of a number of members (but...

      2. Tenure of office

        1. 2.(1) A person holds and vacates office as a member...

        2. 2A.(1) This paragraph applies where the Secretary of State decides...

      3. Remuneration and pensions

        1. 3.(1) The regulator must pay to the chairman—

      4. Staff

        1. 4.The regulator may, after consulting the Minister for the Civil...

      5. Superannuation

        1. 5.(1) Sub-paragraph (2) applies where— (a) a person is an...

      6. Procedure

        1. 6.(1) The regulator may regulate its own procedure and make...

      7. Delegation of functions

        1. 7.Anything which the regulator is authorised or required to do...

      8. General powers

        1. 8.(1) The regulator may do anything which appears to it...

      9. Specific powers

        1. 9.(1) The regulator may with the consent of the Secretary...

      10. Finance

        1. 10.The Secretary of State may make contributions towards the regulator's...

      11. Reports and other information

        1. 11.(1) As soon as possible after the end of each...

        2. 12.(1) The regulator must keep accounts in such form as...

        3. 13.The regulator must respond in writing to any recommendation which—...

      12. Seal and evidence

        1. 14.The application of the regulator's seal must be authenticated by...

        2. 15.A document purporting to be duly executed under the regulator's...

      13. General

        1. 16.(1) The regulator must not be regarded as the servant...

    12. SCHEDULE 8A

      De-authorised NHS foundation trusts

      1. Introductory

        1. 1.(1) This Schedule applies to a body which is an...

      2. Replacement of constitution

        1. 2.(1) The constitution of the body pursuant to paragraph 1(1)...

        2. 3.Nothing in this Chapter affects the continuity of the body...

      3. Board of directors

        1. 4.(1) This paragraph is subject to any provision made under...

      4. Name and functions

        1. 5.(1) This paragraph applies only to a body which is...

      5. Trustees

        1. 6.Any order appointing trustees for the NHS foundation trust has...

      6. Public dividend capital

        1. 7.(1) The amount which was the public dividend capital of...

      7. Accounts

        1. 8.(1) The accounting date of the NHS trust is 31...

      8. Contracts

        1. 9.(1) Nothing in this Act— (a) prevents the NHS trust...

      9. Other property

        1. 10.Nothing in this Act— (a) prevents the NHS trust continuing...

      10. Membership of bodies corporate

        1. 11.Nothing in this Act— (a) prevents the NHS trust remaining...

      11. Directions

        1. 12.Paragraphs 9 to 11 do not affect the Secretary of...

    13. SCHEDULE 9

      NHS foundation trusts: transfer of staff

      1. 1.An order under section 54(4) may provide for the transfer...

      2. 2.The contract of employment of an employee transferred under such...

      3. 3.Where an employee is so transferred— (a) all the rights,...

      4. 4.But if the employee informs the trust or the proposed...

      5. 5.This Schedule does not affect any right of an employee...

      6. 6.In this Schedule, “date of transfer” means the date decided...

    14. SCHEDULE 10

      Audit of accounts of NHS foundation trusts

      1. General duty

        1. 1.In auditing the accounts of any NHS foundation trust an...

      2. Right to documents and information

        1. 2.(1) An auditor of an NHS foundation trust has a...

      3. Reports

        1. 3.In auditing the accounts of an NHS foundation trust, the...

        2. 4.(1) When an auditor of an NHS foundation trust has...

        3. 5.(1) Any report under paragraph 3 must be sent by...

      4. Referral to NHS England

        1. 6.If the auditor of an NHS foundation trust has reason...

      5. Audit of accounts of directors or officers

        1. 7.(1) Where a director or officer of an NHS foundation...

      6. Restriction on disclosure of information

        1. 8.(1) No information relating to an NHS foundation trust or...

    15. SCHEDULE 11

      Pilot schemes

      1. How pilot schemes may be initiated

        1. 1.(1) A pilot scheme may be made—

      2. Preliminary steps to be taken

        1. 2.(1) Before making a pilot scheme, NHS England must prepare...

      3. Approval

        1. 3.(1) If proposals for a pilot scheme are submitted under...

      4. Preliminary approval

        1. 4.(1) This paragraph applies if NHS England proposes to make...

      5. Effect of proposals on existing services

        1. 5.(1) Proposals for a pilot scheme submitted under paragraph 2,...

      6. Guidance

        1. 6.The Secretary of State may issue guidance about the criteria...

      7. Making a scheme

        1. 7.(1) If the Secretary of State approves proposals for a...

    16. SCHEDULE 12

      LPS schemes

      1. Provision of local pharmaceutical services

        1. 1.(1) NHS England or the Secretary of State ... may...

      2. Designation of priority neighbourhoods or premises

        1. 2.(1) The Secretary of State may make regulations allowing NHS...

      3. Regulations

        1. 3.(1) The Secretary of State may make regulations with respect...

    17. SCHEDULE 12A

      Pharmaceutical remuneration

      1. Interpretation

        1. 1.In this Schedule— (a) “ drugs ” includes medicines and...

      2. Pharmaceutical remuneration to be apportioned among integrated care boards

        1. 2.(1) NHS England must determine the elements of pharmaceutical remuneration...

      3. Other pharmaceutical remuneration

        1. 3.(1) This paragraph applies in relation to pharmaceutical remuneration paid...

      4. Exercise of functions

        1. 4.NHS England may, with the consent of the Secretary of...

    18. SCHEDULE 13

      The Family Health Services Appeal Authority

      1. ...

        1. . . . . . . . . . ....

        2. . . . . . . . . . ....

        3. . . . . . . . . . ....

        4. . . . . . . . . . ....

        5. . . . . . . . . . ....

        6. . . . . . . . . . ....

      2. . . . . . . . . . ....

      3. . . . . . . . . . ....

      4. . . . . . . . . . ....

      5. . . . . . . . . . ....

      6. . . . . . . . . . ....

      7. . . . . . . . . . ....

      8. . . . . . . . . . ....

      9. . . . . . . . . . ....

      10. . . . . . . . . . ....

      11. . . . . . . . . . ....

      12. . . . . . . . . . ....

      13. . . . . . . . . . ....

      14. . . . . . . . . . ....

      15. . . . . . . . . . ....

      16. . . . . . . . . . ....

      17. . . . . . . . . . ....

    19. SCHEDULE 14

      Further provision about the expenditure of Primary Care Trusts

      1. Pharmaceutical services expenditure

        1. 1.(1) In sections 228 to 230 and this Schedule, “...

      2. Main expenditure

        1. 2.(1) In section 228 “ main expenditure ”, in relation...

        2. 3.(1) For each financial year, the Secretary of State must...

        3. 3A.(1) The Secretary of State may designate any element of...

      3. Interpretation

        1. 4.(1) In this Schedule— “ designate ” means designate in...

    20. SCHEDULE 15

      Accounts and audit

      1. NHS bodies

        1. 1.(1) The following are NHS bodies for the purposes of...

      2. Accounts to be kept by NHS bodies

        1. 2.(1) Each NHS body must keep proper accounts and proper...

      3. Preparation of annual accounts

        1. 3.(1) Each NHS body must prepare in respect of each...

      4. Auditing of accounts of certain NHS bodies

        1. 4.(1) This paragraph applies to any NHS body that is...

      5. Transmission of annual accounts

        1. 5.(1) Each NHS body that is neither a Special Health...

      6. Auditing of certain Special Health Authority accounts by Comptroller and Auditor General

        1. 6.(1) This paragraph applies where an NHS body that is...

      7. Summarised accounts of NHS bodies other than Special Health Authorities

        1. 7.(1) This paragraph applies in relation to NHS bodies that...

      8. Exceptions for accounts of charitable trusts

        1. 8.(1) For the purposes of this paragraph a “relevant charitable...

      9. Exceptions for accounts of non-charitable trusts

        1. 9.(1) For the purposes of this paragraph a “ relevant...

    21. SCHEDULE 16

      The Commission for Patient and Public Involvement in Health

      1. Status

        1. 1.The Commission for Patient and Public Involvement in Health

      2. Powers

        1. 2.The Commission for Patient and Public Involvement in Health

      3. Membership

        1. 3.The Commission for Patient and Public Involvement in Health

      4. Appointment, procedure etc

        1. 4.The Commission for Patient and Public Involvement in Health

        2. 5.The Commission for Patient and Public Involvement in Health

      5. Remuneration and allowances

        1. 6.The Commission for Patient and Public Involvement in Health

      6. Staff

        1. 7.The Commission for Patient and Public Involvement in Health

      7. Delegation of functions

        1. 8.The Commission for Patient and Public Involvement in Health

      8. Assistance

        1. 9.The Commission for Patient and Public Involvement in Health

      9. Payments and loans to the Commission

        1. 10.The Commission for Patient and Public Involvement in Health

      10. Accounts and audit

        1. 11.The Commission for Patient and Public Involvement in Health

      11. Reports and other information

        1. 12.The Commission for Patient and Public Involvement in Health

      12. Application of seal and evidence

        1. 13.The Commission for Patient and Public Involvement in Health

        2. 14.The Commission for Patient and Public Involvement in Health

    22. SCHEDULE 17

      Exempt information relating to health services

      1. Part 1 Descriptions of exempt information

        1. 1.Information relating to a particular employee, former employee or applicant...

        2. 2.Information relating to any particular occupier or former occupier of,...

        3. 3.Information relating to any particular applicant for, or recipient or...

        4. 4.Information relating to any particular applicant for, or recipient or...

        5. 5.The amount of any expenditure proposed to be incurred by...

        6. 6.Any terms proposed or to be proposed by or to...

        7. 7.The identity of a relevant body (as well as of...

        8. 8.Information relating to any consultations or negotiations, or contemplated consultations...

        9. 9.Any instructions to counsel and any opinion of counsel (whether...

        10. 10.Information relating to a particular person who was included in...

        11. 11.Information relating to a particular person who is, or was...

        12. 12.Information relating to a particular person who—

        13. 13.(1) Information relating to a particular person who—

        14. 14.Information relating to any particular employee, former employee, or applicant...

        15. 15.Information relating to the physical or mental health of a...

      2. Part 2 Qualifications

        1. 16.Information relating to a person of a description specified in...

        2. 17.Information falling within paragraph 5 of Part 1 is exempt...

        3. 18.Information falling within paragraph 6 of Part 1 is exempt...

        4. 19.Information falling within paragraph 8 of Part 1 is exempt...

      3. Part 3 Interpretation

        1. 20.In this Schedule— “disposal”, in relation to property, includes the...

    23. SCHEDULE 18

      Section 75 arrangements: transfer of staff

      1. Application of Schedule

        1. 1.This Schedule applies where, under any arrangements under regulations under...

      2. Orders transferring staff

        1. 2.(1) The Secretary of State may by order transfer to...

      3. Effect of order on contracts of employment

        1. 3.(1) The contract of employment of an employee transferred by...

      4. Effect of order on pension rights

        1. 4.(1) An order under paragraph 2 may provide that, in...

      5. Divided employments

        1. 5.(1) Where an employee will be transferred by an order...

    24. SCHEDULE 19

      Further provision about standing advisory committees

      1. 1.Regulations may make provision with respect to—

      2. 2.The Secretary of State must appoint a secretary to each...

      3. 3.Each standing advisory committee may appoint such sub-committees as it...

      4. 4.Any such sub-committee may include persons who are not members...

      5. 5.Each standing advisory committee must elect one of the members...

      6. 5A.But regulations under paragraph 1(b) may make provision about the...

      7. 6.Each standing advisory committee has power to regulate its own...

      8. 7.The proceedings of a standing advisory committee are not invalidated...

      9. 8.The Secretary of State may make such payments in respect...

      10. 9.The Secretary of State may pay to the members of...

      11. 10.Payments under this Schedule are subject to such conditions as...

    25. SCHEDULE 20

      Further provision about local social services authorities

      1. Care of mothers and young children

        1. 1.A local social services authority may, with the Secretary of...

      2. Prevention, care and after-care

        1. 2.(1) A local social services authority may, with the Secretary...

      3. Home help and laundry facilities

        1. 3.(1) Each local social services authority— (a) must provide or...

      4. Research

        1. 4.(1) A local social services authority may conduct or assist...

    26. SCHEDULE 21

      Prohibition of sale of medical practices

      1. Prohibition, and certificate of the Secretary of State

        1. 1.(1) Any person who sells or buys the goodwill of...

      2. Certain transactions deemed sale of goodwill

        1. 2.(1) For the purposes of section 259 and paragraph 1,...

      3. Consideration

        1. 3.(1) In determining for the purposes of section 259 and...

      4. Carried-over goodwill

        1. 4.The fact that a person's medical practice was previously carried...

      5. Interpretation

        1. 5.In section 259 and this Schedule, unless the context otherwise...

    27. SCHEDULE 22

      Control of maximum prices for medical supplies

      1. Orders and directions

        1. 1.(1) An order under section 260 may make such provision...

      2. Notices, authorisations and proof of documents

        1. 2.(1) A notice to be served on any person for...

      3. Territorial extent

        1. 3.(1) Provisions in or having effect under section 260 or...

      4. False documents and false statements

        1. 4.(1) A person must not, with intent to deceive—

      5. Restrictions on disclosing information

        1. 5.No person who obtains any information by virtue of section...

        2. 6.Paragraph 5 does not apply if— (a) the person who...

      6. Offences by corporations

        1. 7.(1) Where an offence under section 260 or this Schedule...

      7. Penalties

        1. 8.(1) A person who contravenes or fails to comply with—...

      8. Production of documents

        1. 9.(1) For the purposes of— (a) securing compliance with any...

        2. 10.(1) A justice of the peace may issue a warrant...

      9. Penalties for offences: transitional modification for England and Wales

        1. 11.(1) In relation to an offence committed in England and...

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