Part 10 E+WProtection of NHS from fraud and other unlawful activities

Preliminary E+W

196 Persons and bodies about which provision is made by this Part E+W

(1) This section applies for the purposes of this Part.

(2) Subject to subsection (3), and any provision made under subsection (7), “NHS body” has the meaning given by [F1 section 275(1)].

(3) In section 195(3), and in section 197(1) so far as having effect in relation to the Secretary of State's security management functions referred to in section 195(3), an “NHS body” means—

[F2 (za) [F3 NHS England],

[F4 (zb) an integrated care board,]]

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Special Health Authority, so far as performing functions in respect of England,

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England, or

(e) an NHS foundation trust.

(4) A “health service provider” means any person (other than an NHS body) providing—

(a) primary medical services, primary dental services or pharmaceutical services under this Act or the National Health Service (Wales) Act 2006 (c. 42),

(b) general ophthalmic services under that Act, or

(c) primary ophthalmic services.

(5) An “NHS contractor” means any person (other than an NHS body or a person within subsection (4)) providing services of any description under arrangements made with an NHS body.

[F7 (5A) A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.]

(6) A “statutory health body” means any body (other than an NHS body, or a person within subsection (4) or (5)) established by or under an enactment and—

(a) providing services in connection with the provision of, or

(b) exercising functions in relation to,

the health service in either England or Wales or both.

(7) The Secretary of State may by order—

(a) make such amendments of any of subsections (2) to (6) as he considers appropriate,

(b) make such consequential amendments of this Part as he considers appropriate.

Textual Amendments

F1 Words in s. 196(2) substituted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 104(2); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 S. 196(3)(za)(zb) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 104(3)(a); S.I. 2012/1831, art. 2(2)

F3 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4 S. 196(3)(zb) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 111; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 S. 196(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 104(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 S. 196(3)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 104(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 S. 196(5A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 104(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)