- Latest available (Revised)
- Point in Time (01/10/2023)
- Original (As enacted)
Health and Social Care Act 2012 is up to date with all changes known to be in force on or before 24 August 2024. There are changes that may be brought into force at a future date.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 1 The health service in England
Arrangements for provision of health services
11.The Secretary of State's duty as to protection of public health
13.Duties of clinical commissioning groups as to commissioning certain health services
14.Power of clinical commissioning groups as to commissioning certain health services
15.Power to require Board to commission certain health services
17.Other services etc. provided as part of the health service
18.Regulations as to the exercise by local authorities of certain public health functions
20.Regulations as to the exercise of functions by the Board or clinical commissioning groups
22.Exercise of public health functions of the Secretary of State
Further provision about local authorities' role in the health service
Abolition of Strategic Health Authorities and Primary Care Trusts
PART 3 Regulation of health and adult social care services
96.Limits on NHS England’s functions to set or modify licence conditions
98.Conditions relating to the continuation of the provision of services etc.
99.Notification of commissioners where continuation of services at risk
102.Modification of conditions by order under other enactments
103.Standard condition as to transparency of certain criteria
CHAPTER 6 Financial assistance in special administration cases
PART 4 NHS foundation trusts & NHS trusts
PART 5 Public involvement and local government
PART 7 Regulation of health and social care workers
The Professional Standards Authority for Health and Social Care
PART 8 The National Institute for Health and Care Excellence
PART 9 Health and adult social care services: information
CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
Arrangements with devolved authorities etc.
295.Arrangements between NHS England and Northern Ireland Ministers
296.Arrangements between NHS England and Scottish Ministers etc.
296A.Arrangements between NHS England and devolved authorities in respect of education and training
298.Advice or assistance to public authorities in the Isle of Man or Channel Islands
Supervised community treatment under the Mental Health Act 1983
SCHEDULES
Amendments of the National Health Service Act 2006
PART 1 The health service in England
1.(1) For section 2 substitute— General power The Secretary of State, the Board or a clinical commissioning...
2.(1) Section 6 (performance of functions outside England) is amended...
3.(1) Section 6A (reimbursement of cost of services provided in...
4.(1) Section 6B (prior authorisation for the purposes of section...
5.(1) In section 8 (Secretary of State's directions to health...
7.In section 11 (arrangements to be treated as NHS contracts),...
8.(1) Section 12 (arrangements with other bodies) is amended as...
9.After section 12 insert— Commissioning arrangements by the Board or...
10.(1) Section 12A (direct payments for health care) is amended...
11.(1) Section 12B (regulations about direct payments) is amended as...
12.In section 12D (arrangements with other bodies relating to direct...
13.In section 28 (special health authorities), omit subsection (6).
14.In section 29 (exercise of Special Health Authority functions), in...
15.Omit Chapter 5B of Part 2 (trust special administrators: Primary...
16.In section 67 (effect of intervention orders), in subsection (1)—...
18.(1) Section 71 (schemes for meeting losses and liabilities in...
19.In section 73 (directions and regulations), in subsection (1) omit...
23.(1) Schedule 6 (special health authorities established under section 28)...
30.(1) Section 83 (duty relating to primary medical services) is...
31.(1) Section 84 (general medical services contracts: introductory) is amended...
32.In section 86 (persons eligible to enter into general medical...
33.In section 87 (general medical services contracts: payments), in subsection...
34.(1) In section 89 (general medical services contracts: required terms),...
35.(1) Section 91 (persons performing primary medical services) is amended...
36.(1) Section 92 (arrangements by Strategic Health Authorities for the...
37.(1) Section 93 (participants in section 92 arrangements) is amended...
38.(1) Section 94 (regulations about section 92 arrangements) is amended...
39.Omit section 95 (transfer of liabilities relating to section 92...
40.(1) Section 96 (assistance and support) is amended as follows....
41.(1) Section 97 (Local Medical Committees) is amended as follows....
42.(1) Section 99 (duty relating to primary dental services) is...
43.(1) Section 100 (general dental services contracts: introductory) is amended...
44.In section 102 (persons eligible to enter into general dental...
45.In section 103 (general dental services contracts: payments), in subsection...
46.In section 104 (general dental services contracts: required terms), in...
47.(1) Section 106 (persons performing primary dental services) is amended...
48.(1) Section 107 (arrangements by Strategic Health Authorities for the...
49.(1) Section 108 (participants in section 107 arrangements) is amended...
50.(1) Section 109 (regulations about section 107 arrangements) is amended...
51.Omit section 110 (transfer of liabilities relating to section 107...
52.(1) Section 112 (assistance and support) is amended as follows....
53.(1) Section 113 (Local Dental Committees) is amended as follows....
54.(1) Section 115 (duty relating to primary ophthalmic services) is...
55.(1) Section 117 (general ophthalmic services contracts: introductory) is amended...
56.In section 118 (persons eligible to enter into general ophthalmic...
57.In section 119 (exclusion of contractors), for “a Primary Care...
58.In section 120 (general ophthalmic services contracts: payments), in subsection...
59.In section 121 (general ophthalmic services contracts: other required terms),...
60.(1) Section 123 (persons performing primary ophthalmic services) is amended...
61.(1) Section 124 (primary ophthalmic services: assistance and support) is...
62.(1) Section 125 (Local Optical Committees) is amended as follows....
PART 7 Pharmaceutical services
63.(1) Section 126 (arrangements for pharmaceutical services) is amended as...
64.(1) Section 127 (arrangements for additional pharmaceutical services) is amended...
65.(1) Section 128 (terms and conditions of arrangements under section...
66.(1) Section 129 (regulations as to pharmaceutical services) is amended...
67.In section 130 (regulations about appeals from decisions on applications...
68.(1) Section 131 (power to charge fee to applicants) is...
69.(1) Section 132 (persons authorised to provide pharmaceutical services) is...
70.(1) Section 133 (inadequate provision of pharmaceutical services) is amended...
72.In section 136 (designation of priority neighbourhoods or premises), in...
73.In section 137 (reviews of pilot schemes), in subsection (3)(a),...
74.(1) Section 138 (variation and termination of pilot schemes) is...
75.(1) Section 140 (funding of preparatory work) is amended as...
76.(1) In section 144 (local pharmaceutical services schemes)—
77.(1) Section 148 (conditional inclusion in pharmaceutical lists) is amended...
78.(1) Section 150A (notices and penalties) is amended as follows....
79.(1) Section 151 (disqualification of practitioners) is amended as follows....
80.(1) Section 152 (contingent removal) is amended as follows.
81.In section 154 (suspension), in subsections (1), (3), (4), (6)(b)...
82.(1) Section 155 (suspension pending removal) is amended as follows....
83.(1) Section 157 (review of decisions) is amended as follows....
85.(1) Section 159 (national disqualification) is amended as follows.
86.In section 160 (notification of decisions), for “a Primary Care...
87.In section 161 (withdrawal from lists), in paragraphs (a) and...
88.(1) Section 162 (regulations about decisions under Chapter 6 of...
89.(1) Section 164 (remuneration for persons providing pharmaceutical services) is...
91.(1) Section 167 (local pharmaceutical committees) is amended as follows....
94.In section 176 (dental charging)— (a) in subsection (3), for...
95.In section 177 (exemptions from dental charging), in subsection (4),...
96.(1) Section 180 (payments in respect of costs of optical...
97.(1) Section 181 (provision supplementary to section 180) is amended...
98.(1) Section 183 (payment of travelling expenses) is amended as...
99.In section 185 (charges for more expensive supplies), in subsection...
100.In section 186 (charges for repairs and replacements in certain...
101.In section 187 (charges for designated services or facilities) for...
102.In section 188 (sums otherwise payable to those providing services),...
103.(1) Section 195 (compulsory disclosure of documents) is amended as...
104.(1) Section 196 (persons and bodies about which provision is...
105.(1) Section 197 (notice requiring production of documents) is amended...
106.In section 201 (disclosure of information), in subsection (3)(a) for...
107.(1) Section 210 (interpretation of Part 10) is amended as...
108.(1) Section 211 (acquisition, use and maintenance of property) is...
109.In section 213 (transfers of trust property), in subsection (2)(c)—...
110.(1) Section 214 (transfer of functions and property to or...
111.(1) Section 215 (trustees and property under section 222) is...
112.In section 216 (application of trust property: further provisions), in...
113.In section 217 (trusts: supplementary provisions), in subsection (1)—
114.In section 218 (private trusts for hospitals), in subsection (4)—...
115.In section 220 (trust property previously held for general hospital...
117.(1) In section 223 (formation of companies), in each of...
118.Omit section 224 (means of meeting expenditure of Strategic Health...
119.(1) Section 226 (financial duties of Strategic Health Authorities and...
120.(1) Section 227 (resource limits for Strategic Health Authorities and...
121.Omit sections 228 to 231 (funding of Primary Care Trusts...
122.In section 234 (special arrangement as to payment of remuneration),...
123.(1) Section 236 (payment for medical examination before application for...
124.Omit Schedule 14 (further provision about expenditure of Primary Care...
125.(1) Schedule 15 (accounts and audits) is amended as follows....
128.After section 254 insert— Support functions of the Secretary of...
129.(1) Section 256 (power of Primary Care Trusts to make...
130.In section 257 (payments in respect of voluntary organisations under...
131.(1) Section 258 (university clinical teaching and research) is amended...
132.(1) Section 259 (sale of medical practices) is amended as...
133.Omit section 268 (persons displaced by health service development), and...
134.In section 271 (territorial limit of exercise of functions), in...
135.After section 271 insert— Services to be treated as services...
136.(1) Section 272 (orders, regulations, rules and directions) is amended...
137.(1) Section 273 (further provision about orders and directions) is...
139.(1) Section 276 (index of defined expressions) is amended as...
Part 1: amendments of other enactments
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
Mental Health Act 1983 (c. 20)
25.In section 19 (regulations as to transfers of patients), in...
26.In section 23 (discharge of patients), in subsection (5)(a)—
28.(1) Section 39 (power of court to request information from...
29.In section 134 (patients' correspondence), in subsection (3)(e)—
30.In section 139 (protection for acts done in pursuance of...
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
38.The Disabled Persons (Services, Consultation and Representation) Act 1986 is...
39.In section 2 (rights of authorised representatives of disabled persons)—...
40.In section 7 (persons discharged from hospital), in subsection (9)—...
41.In section 11 (reports to Parliament)— (a) in subsection (1ZA)...
48.In section 21 (provision of accommodation for children in police...
49.In section 24 (persons qualifying for advice and assistance), in...
51.In section 27 (co-operation between authorities), in subsection (3)—
52.In section 29 (recoupment of cost of providing services), in...
53.In section 47 (local authority's duty to investigate), in subsection...
55.In section 85 (children accommodated by health authorities)—
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
Crime and Disorder Act 1998 (c. 37)
83.The Crime and Disorder Act 1998 is amended as follows....
84.In section 5 (authorities responsible for crime and disorder strategies),...
85.In section 38 (local provision of youth justice services), in...
86.In section 39 (Youth Offending Teams), in subsection (3)(b)—
87.In that section, in subsection (5)(d)— (a) after “nominated by”...
88.In section 41 (the Youth Justice Board), in subsection (10)—...
89.In section 42 (supplementary provisions), in subsection (3)—
90.In section 115, in subsection (2) (disclosure of information to...
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
113.In section 13(4) (authorised persons, interested parties and responsible authorities)—...
114.In section 16 (applicant for premises licence), in subsection (3),...
115.In section 69(4) (authorised persons, interested parties and responsible authorities)—...
116.In section 172B(4) (procedural requirements for early morning alcohol restriction...
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
118.The Health and Social Care (Community Health and Standards) Act...
119.In section 71 (reporting to Secretary of State and regulator)—...
120.In section 113 (complaints about health care), in subsection (1),...
121.In section 148 (interpretation of Part 2), in the definition...
122.In section 160 (provision of information)— (a) in subsection (1),...
123.In section 165 (power to apply provisions about recovery of...
128.In section 10 (co-operation to improve wellbeing), in subsection (4)—...
129.In section 11 (arrangements to safeguard and promote welfare), in...
130.In section 12A (establishment of children's trust boards), after subsection...
131.In section 13 (establishment of Local Safeguarding Children Boards), in...
National Health Service (Consequential Provisions) Act 2006 (c. 43)
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
Local Government and Public Involvement in Health Act 2007 (c. 28)
Health and Social Care Act 2008 (c. 14)
155.In section 30 (urgent procedure for cancellation), in subsection (3)—...
156.In section 39 (bodies required to be notified of certain...
157.In section 46 (reviews and investigations)— (a) omit subsection (1),...
159.In section 49 (power to extend periodic review function), in...
162.In section 64 (power to require documents and information), in...
163.In section 70 (co-operation between the Care Quality Commission and...
164.In section 72 (provision of material to the Comptroller and...
165.In section 81 (publication of programme of reviews etc), in...
166.(1) Section 97 (general interpretation of Part 1) is amended...
167.In section 153 (directions to certain NHS bodies) in subsection...
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
174.In each of the following provisions for “NHS services” substitute...
175.(1) Section 2 (duty to have regard to NHS constitution)...
176.(1) Section 3 (availability and review of NHS constitution) is...
177.(1) Section 8 (duty of providers to publish information) is...
178.In section 9 (supplementary provision about the duty to publish...
179.In section 36 (disclosure of information by Her Majesty's Revenue...
Abolition of the Health Protection Agency: consequential amendments
Requirements under section 77: undertakings
References by Monitor to the CMA
Procedure on references under section 120
Part 3: minor and consequential amendments
Abolition of NHS trusts in England: consequential amendments
PART 1 Amendments of the National Health Service Act 2006
1.The National Health Service Act 2006 is amended as follows....
2.In section 4(2) (definition of “high security psychiatric services”), omit...
6.In section 42 (public dividend capital), after subsection (1) insert—...
7.In section 51 (trust funds and trustees), omit subsection (4)....
9.In section 56A (acquisitions of NHS foundation trusts) (as inserted...
10.In section 57 (mergers, acquisitions and separation of NHS foundation...
11.In section 65(1) (interpretation for provisions about NHS foundation trusts),...
12.In section 65A(1) (application of trust special administration regime), omit...
13.(1) Omit section 65B (appointment of trust special administrator in...
15.(1) Section 65F (special administrator's draft report) is amended as...
16.(1) In section 65G (consultation plan), in subsection (4), omit...
17.(1) Section 65H (consultation on draft report) is amended as...
18.(1) Section 65I (administrator's final report) is amended as follows....
19.(1) Section 65J (power to extend time limits) is amended...
21.(1) Section 65KA (regulator's decision in case of NHS foundation...
22.(1) Section 65L (trusts coming out of administration) is amended...
23.(1) Section 65M (replacement of special administrator) is amended as...
25.In section 66 (intervention orders) (as amended by paragraph 8(1)...
26.In section 68 (default powers) (as amended by paragraph 10(1)...
27.(1) In section 70(1) (transfer of residual liabilities of certain...
28.In section 71 (schemes for meeting losses etc. of certain...
29.In section 77 (Care Trusts) (as amended by section 200)—...
30.Omit sections 78 and 79 (directed partnership arrangements).
31.In section 185(2) (charges for more expensive supplies), omit “an...
32.In section 186(2) (charges for repairs and replacements in certain...
33.In section 196(3) (bodies to which provisions about protection from...
34.In section 217(1) (supplementary provisions about trusts), omit paragraph (h)....
36.In section 272 (orders, regulations, rules and directions)—
37.In section 275 (interpretation), in subsection (1), in the definition...
38.In section 276 (index of defined expressions), omit the entry...
39.(1) Schedule 15 (accounts and audit) is amended as follows....
40.In consequence of the repeal of section 56(6) by section...
PART 2 Amendments of other Acts
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Social Security Contributions and Benefits Act 1992 (c. 4)
58.The Social Security Contributions and Benefits Act 1992 is amended...
59.In section 163(6) (interpretation of Part 11), omit “the National...
60.In section 171(3) (interpretation of Part 12), omit “the National...
61.In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health...
62.In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health...
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
Local Government and Public Involvement in Health Act 2007 (c. 28)
Part 7: consequential amendments and savings
PART 1 Abolition of The General Social Care Council
Amendments to the Care Standards Act 2000 (c. 14)
2.In section 55(3)(g) (power to treat persons on certain social...
4.In section 57 (applications for registration), in subsection (1), for...
5.In section 58 (grant or refusal of registration), in subsection...
6.In section 58A (visiting social workers from relevant European States)—...
7.In section 59 (removal etc. from register), in subsection (1),...
8.In section 60 (rules about registration), for “A Council” substitute...
9.In section 61 (offence relating to use of title “social...
10.In section 62 (codes of practice)— (a) in subsection (1),...
12.In section 64 (qualifications gained outside Council's area)—
13.In section 65(1) (power to make rules requiring registered persons...
14.In section 66 (visitors for certain social work courses)—
16.In section 68 (appeals to the Tribunal), in subsections (1)...
17.In section 69 (publication etc. of register), in subsection (1),...
18.Omit section 70 (abolition of the Central Council for Education...
19.In section 71 (rules), in subsections (1), (2), (3A) and...
20.In section 113 (default Ministerial powers), omit subsection (1).
21.In section 114 (schemes for the transfer of staff), in...
22.In section 118 (orders and regulations), in subsection (4), omit...
24.In section 122 (commencement), omit “section 70(2) to (5) and”....
28.In paragraph 2 (status)— (a) for “An authority” substitute “The...
29.In paragraph 3(1) (general powers), for “the Secretary of State,...
30.In paragraph 4 (general duty), for “an authority” substitute “the...
31.For paragraph 5 (membership)— (a) for “Each authority” substitute “The...
32.In paragraph 6 (appointment, procedure etc.)— (a) for “The Secretary...
33.(1) Paragraph 7 (remuneration and allowances) is amended as follows....
36.(1) Paragraph 13 (delegation of functions) is amended as follows....
38.In paragraph 16 (payments to authorities)— (a) for “The Secretary...
41.In paragraph 20 (application of seal)— (a) for “an authority”...
42.In paragraph 21 (evidence), for “an authority” substitute “the Welsh...
43.For the title to Schedule 1 substitute “The Welsh Council”....
PART 3 The Professional Standards Authority for Health and Social Care
The National Institute for Health and Care Excellence
Part 8: consequential amendments
The Health and Social Care Information Centre
Part 9: consequential amendments
Amendments relating to relationships between the health services
National Health Service Act 2006 (c. 41)
5.The National Health Service Act 2006 is amended as follows....
7.After section 10 (provision about NHS contracts entered into by...
8.(1) In section 66 (intervention orders), for subsection (1) substitute—...
9.(1) Section 67 (effect of intervention orders) is amended as...
10.(1) In section 68 (default powers), for subsection (1) substitute—...
11.In section 78 (directed partnership arrangements), in subsection (3)—
National Health Service (Wales) Act 2006 (c. 42)
12.The National Health Service (Wales) Act 2006 is amended as...
14.After section 8 insert— Provision for bodies in Scotland (1) Subsection (2) applies where the Scottish Ministers are, or...
15.In section 10 (Welsh Ministers' arrangements with other bodies), in...
16.In section 13 (exercise of Local Health Board functions), in...
17.In section 17 (plans for improving health etc), in subsection...
18.In section 22 (special health authorities), omit subsection (6).
19.In section 26 (intervention orders), in subsection (1) after “other...
20.In section 27 (effect of intervention orders), in subsection (1)—...
21.In section 28 (default powers), in subsection (1) after “other...
22.In section 34 (power of local authorities to make payments),...
23.In section 36 (directed partnership arrangements), in subsection (3)—
25.In section 39 (conditions of supply under section 38), in...
26.In section 41 (duty to provide primary medical services), omit...
27.(1) Section 51 (persons with whom agreements for provision of...
28.In section 56 (primary dental services), omit subsection (4).
29.(1) Section 65 (persons with whom agreements for provision of...
30.In section 106 (provision about regulations under section 105), in...
31.(1) Section 115 (national disqualification) is amended as follows.
32.In section 131 (payment of travelling expenses), in paragraph (c)...
33.In section 144 (persons and bodies about which provision is...
34.In section 161 (transfers of trust property), in subsection (2)(c)—...
35.(1) Section 162 (transfer of functions and property to or...
36.In section 181 (payment for medical examination before application for...
37.In section 197 (university clinical teaching and research), in subsection...
41.(1) Schedule 5 (Special Health Authorities) is amended as follows....
42.(1) Schedule 10 (further provision about Community Health Councils) is...
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: