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Health and Social Care Act 2012

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Health and Social Care Act 2012. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

  3. Overview of the Structure

    1. Part 1 – The health service in England

    2. Part 2 – Further provision about public health

    3. Part 3 – Regulation of health and adult social care services

    4. Part 4 – NHS foundation trusts and NHS trusts

    5. Part 5 – Public involvement and local government

    6. Part 6 – Primary care services

    7. Part 7 – Regulation of health and social care workers

    8. Part 8 – The National Institute for Health and Care Excellence

    9. Part 9 – Health and Adult Social Care Services: Information

    10. Part 10 – Abolition of certain public bodies

    11. Part 11 – Miscellaneous

    12. Part 12 – Final provisions

  4. Territorial Extent and Application

    1. Territorial application: Northern Ireland

    2. Territorial application: Scotland

    3. Territorial application: Wales

  5. Commentary on Sections

    1. Part 1 – The Health Service in England

      1. The health service: overview

        1. Section 1 - Secretary of State’s duty to promote comprehensive health service

        2. Section 2 - The Secretary of State’s duty as to improvement in quality of services

        3. Section 3 - The Secretary of State’s duty as to the NHS Constitution

        4. Section 4 The Secretary of State’s duty as to reducing inequalities

        5. Section 5 - The Secretary of State’s duty as to promoting autonomy

        6. Section 6 – The Secretary of State’s duty as to research

        7. Section 7 – The Secretary of State’s duty as to education and training

        8. Section 8 – Secretary of State’s duty as to reporting on and reviewing treatment of providers

        9. Section 9 - The NHS Commissioning Board

        10. Schedule 1 - The National Health Service Commissioning Board

        11. Section 10 (new section 1I) -Clinical commissioning groups

      2. Arrangements for provision of health services

        1. Section 11 - The Secretary of State’s duty as to protection of public health

        2. Section 12 – Duties as to improvement of public health

        3. Section 13 - Duties of clinical commissioning groups as to commissioning certain health services

        4. Section 14 - Power of clinical commissioning groups as to commissioning certain health services

        5. Section 15 - Power to require Board to commission certain health services

        6. Section 16 - Secure psychiatric services

        7. Section 17 - Other services etc. provided as part of the health service

        8. Section 18 – Regulations as to the exercise by local authorities of certain public health functions

        9. Section 19 - Regulations relating to EU obligations

        10. Section 20 - Regulations as to the exercise of functions by the Board or clinical commissioning groups

        11. Section 21 - Functions of Special Health Authorities

        12. Section 22 - Exercise of public health functions of the Secretary of State

        13. Section 23 - The NHS Commissioning Board: further provision

          1. Public involvement

          2. Functions in relation to information

          3. Business plan and report

          4. Additional powers

          5. Exercise of functions of Board

          6. Power to confer additional functions

          7. Intervention powers

          8. Disclosure of information

        14. Section 24 - Financial arrangements for the Board

      3. Further provision about clinical commissioning groups

        1. Section 25 – Clinical commissioning groups: establishment etc.

        2. Schedule 2 – Clinical commissioning groups

          1. New Schedule 1A, Part 1

          2. New Schedule 1A, Part 2

          3. New Schedule 1A, Part 3

        3. Section 26 – Clinical commissioning groups: general duties etc.

        4. Section 27 - Financial arrangements for clinical commissioning groups

        5. Section 28 - Requirement for primary medical services provider to belong to clinical commissioning group

      4. Further provision about local authorities’ role in the health service

        1. Section 29 - Other health service functions of local authorities under the 2006 Act

        2. Section 30 - Appointment of directors of public health

        3. Section 31 - Exercise of public health functions of local authorities

        4. Section 32 - Complaints about exercise of public health functions by local authorities

      5. Abolition of Strategic Health Authorities and Primary Care Trusts

        1. Section 33 - Abolition of Strategic Health Authorities

        2. Section 34 - Abolition of Primary Care Trusts

      6. Functions relating to fluoridation of water

        1. Section 35 -  Fluoridation of water supplies

        2. Section 36 - Procedural requirements in connection with fluoridation of water supplies

          1. Section 88B of the 1991 Act  – requirement for fluoridation proposal: England

          2. Section 88C of the 1991 Act – Initial consultation etc. on fluoridation proposal

          3. Section 88D of the 1991 Act – Additional requirements where other local authorities affected

          4. Section 88E of the 1991 Act - Decision on fluoridation proposal

          5. Section 88F of the 1991 Act - Decision-making procedure: exercise of functions by committee

          6. Section 88G of the 1991 Act– Secretary of State’s duty in relation to fluoridation proposal

          7. Section 88H of the 1991 Act – Payments by local authorities towards fluoridation costs

          8. Sections 88I to 88N of the 1991 Act -Variation and/or termination

          9. Section 88O of the 1991 Act – Variation and termination

        3. Section 37 - Fluoridation of water supplies: transitional provision

      7. Functions relating to mental health matters

        1. Section 38 - Approval functions

        2. Section 39 - Discharge of patients

        3. Section 40 - After-care

        4. Section 41 - Provision of pocket money for in-patients

        5. Section 42 - Transfers to and from special hospitals

        6. Section 43 - Independent mental health advocates

        7. Section 44 - Patients’ correspondence

        8. Section 45 - Notification of hospitals having arrangements for special cases

      8. Emergency powers

        1. Section 46 - Role of the Board and clinical commissioning groups in respect of emergencies

        2. Section 47 - Secretary of State’s emergency powers

        3. Section 48 – New Special Health Authorities

        4. Section 49 (new sections 98A, 114A, 125A, 168A) - Primary care services: directions as to exercise of functions

          1. New section 98A Exercise of functions

          2. New section 114A Exercise of functions

          3. New section 125A Exercise of functions

          4. New section 168A Exercise of functions

        5. Section 50 - Charges in respect of certain public health functions

        6. Section 51 - Pharmaceutical services expenditure

        7. Schedule 3 – Pharmaceutical remuneration

        8. Section 52 - Secretary of State’s duty to keep health service functions under review

        9. Section 53 - Secretary of State’s annual report

        10. Section 54 – Certification of death

        11. Section 55 - Amendments related to Part 1 and transitional provision

        12. Schedule 4 – Amendments of the National Health Service Act 2006

        13. Schedule 5 – Part 1: amendments of other enactments

        14. Schedule 6 – Part 1: transitional provision

    2. Part 2 – Further provision about public health

      1. Section 56 – Abolition of Health Protection Agency

      2. Schedule 7 – Part 1: amendments of other enactments

      3. Section 57 - Functions in relation to biological substances

      4. Section 58 – Radiation protection functions

      5. Section 59 – Repeal of AIDS (Control) Act 1987

      6. Section 60 - Co-operation with bodies exercising functions in relation to public health

    3. Part 3 - Regulation of Health and Adult Social Care Services

      1. Chapter 1 – Monitor

        1. Section 61 - Monitor

        2. Schedule 8 - Monitor

        3. Section 62 – General duties

        4. Section 63 – Secretary of State’s guidance on duty under section 62(9)

        5. Section 64 - General duties: supplementary

        6. Section 65 - Power to give Monitor functions relating to adult social care services

        7. Section 66 - Matters to have regard to in exercise of functions

        8. Section 67 - Conflicts between functions

        9. Section 68 - Duty to review regulatory burdens

        10. Section 69 - Duty to carry out impact assessments

        11. Section 70 - Information

        12. Section 71 – Failure to perform functions

      2. Chapter 2 – Competition

        1. Section 72 - Functions under the Competition Act 1998

        2. Section 73 - Functions under Part 4 of the Enterprise Act 2002

        3. Section 74 - Competition functions: supplementary

        4. Section 75 – Requirements as to procurement, patient choice and competition

        5. Section 76 – Requirements under section 75: investigations, declarations and directions

        6. Section 77 – Requirements under section 75: undertakings

        7. Schedule 9 – Requirements under section 75: undertakings

        8. Section 78 - Guidance

        9. Section 79 - Mergers involving NHS foundation trusts

        10. Section 80 - Co-operation with the Office of Fair Trading

      3. Chapter 3 – Licensing

        1. Licensing requirement

          1. Section 81 - Requirement for health service providers to be licensed

          2. Section 82 - Deemed breach of requirement to be licensed

          3. Section 83 - Exemption regulations

          4. Section 84 - Exemption regulations: supplementary

        2. Licensing procedure

          1. Section 85 - Application for licence

          2. Section 86 - Licensing criteria

          3. Section 87 - Grant or refusal of licence

          4. Section 88 - Application and grant: NHS foundation trusts

          5. Section 89 - Revocation of licence

          6. Sections 90, 91, 92 - Representations, notice and appeals

          7. Section 93  - Register of licence holders

        3. Licence conditions

          1. Section 94 - Standard conditions

          2. Section 95 - Special conditions

          3. Section 96 - Limits on Monitor’s functions to set or modify licence conditions

          4. Section 97 - Conditions: supplementary

          5. Section 98 – Conditions relating to the continuation of the provision of services etc.

          6. Section 99 – Notification of commissioners where continuity of services is at risk

          7. Section 100 - Modification of standard conditions

          8. Section 101 – Modification references to the Competition Commission

          9. Schedule 10 - References by Monitor to the Competition Commission

            1. Changes following report

            2. Competition Commission’s power to veto changes

            3. Disclosure

            4. Powers of investigation

          10. Section 102 - Modification of conditions by order under other enactments

          11. Section 103 – Standard condition as to transparency of certain criteria

        4. Enforcement

          1. Section 104 - Power to require documents and information

          2. Section 105 - Discretionary requirements

          3. Section 106 - Enforcement undertakings

          4. Section 107 - Further provision about enforcement powers

          5. Schedule 11 - Further provision about enforcement powers

            1. Part 1 - Discretionary requirements

              1. Procedure

              2. Non-compliance penalties

              3. Recovery of financial penalties and payments of penalties etc. into Consolidated Fund

            2. Part 2 – Enforcement undertakings

              1. Procedure

              2. Variation of terms

              3. Compliance certificates

              4. Inaccurate, incomplete or misleading information

          6. Section 108 - Guidance as to use of enforcement powers

          7. Section 109 - Publication of enforcement action

          8. Section 110 - Notification of enforcement action

        5. Transitional provision

          1. Section 111 - Imposition of licence conditions on NHS foundation trusts

          2. Section 112  – Duration of transitional period

          3. Section 113 – Orders under section 112: criteria for deciding applicable trusts

          4. Section 114 - Repeal of sections 112 and 113

      4. Chapter 4 – Pricing

        1. Section 115 - Price payable by commissioners for NHS services

        2. Section 116 - The national tariff

        3. Section 117 – The national tariff: further provision

        4. Section 118 - Consultation on proposals for the national tariff

        5. Section 119 - Consultation: further provision

        6. Section 120 - Responses to consultation

        7. Schedule 12 - Procedure on references under section 120

        8. Section 121 - Determination on reference under section 120

        9. Section 122 - Changes following determination on reference under section 120

        10. Section 123 - Power to veto changes proposed under section 122

        11. Section 124 - Local modifications of prices of services: agreements

        12. Section 125 - Local modifications of prices of services: applications

        13. Section 126 – Applications under section 125: notification of commissioners

        14. Section 127 - Correction of mistakes

      5. Chapter 5 – Health special administration

        1. Section 128 - Health special administration orders

        2. Section 129 - Objective of a health special administration

        3. Section 130 - Health special administration regulations

        4. Section 131 - Transfer schemes

        5. Section 132 - Indemnities

        6. Section 133 - Modification of this Chapter under the Enterprise Act 2002

      6. Chapter 6 – Financial assistance in special administration cases

        1. Establishment of mechanisms

          1. Section 134 - Duty to establish mechanisms for providing financial assistance

          2. Section 135 - Power to establish fund

        2. Applications for Financial Assistance

          1. Section 136 - Applications

          2. Section 137 – Grants and loans

        3. Charges on Commissioners

          1. Section 138 – Power to impose charges on commissioners

        4. Levy on providers

          1. Section 139 – Imposition of levy

          2. Section 140 – Power of Secretary of State to set limit on levy and charges

          3. Section 141 - Consultation

          4. Section 142 – Responses to consultation

          5. Section 143 – Amount payable

        5. Supplementary

          1. Section 144 – Investment principles and reviews

          2. Section 145 - Borrowing

          3. Section 146 - Shortfall or excess of available funds, etc.

      7. Chapter 7 – Miscellaneous and general

        1. Section 147 – Secretary of State’s duty as respects variation in provision of health services

        2. Section 148 - Service of documents

        3. Section 149 - Electronic communications

        4. Section 150 - Interpretation and consequential amendments

        5. Schedule 13 – Part 3: minor and consequential amendments

    4. Part 4 – NHS foundation trusts and NHS trusts

      1. Governance and management

        1. Section 151 – Governors

        2. Section 152 – Directors

        3. Section 153 – Members

        4. Section 154 – Accounts: initial arrangements

        5. Section 155 – Accounts: variations to initial arrangements

        6. Section 156 – Annual report and forward plan

        7. Section 157 – Meetings

        8. Section 158 – Voting

      2. Foundation trust status

        1. Section 159 – Authorisation

        2. Section 160 – Bodies which may apply for foundation trust status

        3. Section 161 – Amendment of constitution

        4. Section 162 – Panel for advising governors

      3. Finance

        1. Section 163 - Financial powers etc.

      4. Functions

        1. Section 164 – Goods and services

        2. Section 165 - Private health care

        3. Section 166 - Information

        4. Section 167 – Significant transactions

      5. Mergers, acquisitions, separations and dissolution

        1. Section 168 – Mergers

        2. Section 169 – Acquisitions

        3. Section 170 – Separations

        4. Section 171 – Dissolution

        5. Section 172 – Supplementary

      6. Failure

        1. Section 173 – Repeal of de-authorisation provisions

        2. Section 174 – Trust special administrators

        3. Section 175 – Objective of trust special administration

        4. Section 176 – Procedure etc.

        5. Section 177 – Action following final report

        6. Section 178 – Sections 174 to 177: supplementary

      7. Abolition of NHS trusts

        1. Section 179 – Abolition of NHS trusts in England

        2. Section 180 – Repeal of provisions on authorisation for NHS foundation trusts

    5. Part 5 – Public involvement and local government

      1. Chapter 1 – Public involvement

        1. Healthwatch England

          1. Section 181 - Healthwatch England

        2. Local Healthwatch organisations

          1. Section 182 – Activities relating to local care services

          2. Section 183 – Local authority arrangements

          3. Section 184 – Local arrangements: power to make further provision

          4. Section 185 - Independent advocacy services

          5. Section 186 - Requests, rights of entry and referrals

          6. Section 187 – Annual reports

          7. Section 188 – Transitional arrangements

          8. Section 189 – Consequential provision

      2. Chapter 2 – Local Government

        1. Scrutiny functions of local authorities

          1. Section 190 - Scrutiny functions of local authorities

          2. Section 191 – Amendments consequential on section 190

        2. Joint strategic needs assessments and strategies

          1. Section 192 – Joint strategic needs assessments

          2. Section 193 – Joint health and wellbeing strategies

        3. Health and Wellbeing Boards: establishment

          1. Section 194 – Establishment of Health and Wellbeing Boards

        4. Health and Wellbeing Boards: functions

          1. Section 195 – Duty to encourage integrated working

          2. Section 196 – Other functions of Health and Wellbeing Boards

        5. Health and Wellbeing Boards: supplementary

          1. Section 197 - Participation of the NHS Commissioning Board

          2. Section 198 - Discharge of functions of Health and Wellbeing Boards

          3. Section 199 – Supply of information to Health and Wellbeing Boards

        6. Care Trusts

          1. Section 200 – Care Trusts

      3. Chapter 3 – The Health Service Commissioner for England

        1. Section 201 – Disclosure of reports etc. by the Health Service Commissioner

    6. Part 6 – Primary Care Services

      1. Section 202 - Medical services: minor amendments

      2. Section 203 - Persons eligible to enter into general dental services contracts

      3. Section 204 - Arrangements under section 107 of the National Health Service Act 2006

      4. Section 205 - Payments in respect of costs of sight tests

      5. Section 206 - Pharmaceutical needs assessments

      6. Section 207 - Control of entry on pharmaceutical lists

      7. Section 208 - Lists of performers of pharmaceutical services and assistants etc.

    7. Part 7 – Regulation of Health and Social Care Workers

      1. Orders under section 60 of the Health Act 1999

        1. Section 209 – Power to regulate social workers etc. in England

        2. Section 210 - Training etc. of approved mental health professionals in England

        3. Section 211 – Orders regulating social care workers in England: further provision

      2. The General Social Care Council

        1. Section 212 – Abolition of the General Social Care Council

      3. The Health and Care Professions Council

        1. Section 213 – Regulation of social workers in England

        2. Section 214 – The Health and Care Professions Council

        3. Section 215 – Functions of the Council in relation to social work in England

        4. Section 216 – Appeals in cases involving social workers in England

        5. Section 217 - Approval of courses for approved mental health professionals

        6. Section 218 - Exercise of function of approving courses, etc

        7. Section 219 - Arrangements with other health or social care regulators

        8. Section 220 - References in enactments to registered health professionals, etc

      4. Role of the Secretary of State

        1. Section 221 – Functions of the Secretary of State in relation to social care workers

      5. The Professional Standards Authority for Health and Social Care

        1. Section 222 - The Professional Standards Authority for Health and Social Care

        2. Section 223 - Functions of the Authority

        3. Section 224 - Funding of the Authority

        4. Section 225 - Power to advise regulatory bodies, investigate complaints etc.

        5. Section 226 - Accountability and governance

        6. Section 227 - Appointments to regulatory bodies

        7. Section 228 – Establishment of voluntary registers

        8. Section 229 - Accreditation of voluntary registers

      6. Consequential provision etc.

        1. Section 230 – Consequential provisions and savings, etc.

      7. The Office of the Health Professions Adjudicator

        1. Section 231 - Abolition of the Office of the Health Professions Adjudicator

    8. Part 8 – The National Institute for Health and Care Excellence

      1. Establishment and general duties

        1. Section 232 – The National Institute for Health and Care Excellence

        2. Schedule 16 – The National Institute for Health and Care Excellence

        3. Section 233 - General duties

      2. Functions: quality standards

        1. Section 234 - Quality standards

        2. Section 235 - Supply of quality standards to other persons

        3. Section 236 - Advice or guidance to the Secretary of State or the Board

      3. Functions: advice, guidance etc.

        1. Section 237 – Advice, guidance, information and recommendations

        2. Section 238 – NICE recommendations:  appeals

        3. Section 239 - Training

        4. Section 240 - Advisory services

        5. Section 241  - Commissioning guidance

      4. Functions: other

        1. Section 242 – NICE’s charter

        2. Section 243 – Additional functions

        3. Section 244 – Arrangements with other bodies

        4. Section 245 – Failure by NICE to discharge any of its functions

        5. Section 246 – Protection from personal liability

      5. Supplementary

        1. Section 247 – Interpretation of this Part

        2. Section 248 – Dissolution of predecessor body

        3. Section 249 – Consequential and transitional provision

    9. Part 9 – Health and adult social care services: information

      1. Chapter 1 – Information standards

        1. Section 250 – Powers to publish information standards

        2. Section 251 – Information standards: supplementary

      2. Chapter 2 - The Health and Social Care Information Centre

        1. Establishment and general duties

          1. Section 252 - The Health and Social Care Information Centre

          2. Schedule 18 – The Health and Social Care Information Centre

          3. Section 253 - General duties

        2. Functions: information systems

          1. Section 254 - Powers to direct the Information Centre to establish information systems

          2. Section 255 - Powers to request the Information Centre to establish information systems

          3. Section 256 – Requests for collection under section 255: confidential information

          4. Section 257 – Requests under section 255: supplementary

          5. Section 258 – Information systems: supplementary

          6. Section 259 - Powers to require and request provision of information

          7. Section 260 - Publication of information

          8. Section 261 – Other dissemination of information

          9. Section 262 – Other dissemination: directions and requests under sections 254 and 255

          10. Section 263 – Code of practice on confidential information

          11. Section 264 - Information Register

          12. Section 265 - Advice or guidance

        3. Functions: quality of health and adult social care information

          1. Section 266 - Assessment of quality of information

          2. Section 267 - Power to establish an accreditation scheme

        4. Functions: other

          1. Section 268 - Database of quality indicators

          2. Section 269 – Power to confer functions in relation to identification of GPs

          3. Section 270 - Additional functions

          4. Section 271 - Arrangements with other bodies

          5. Section 272 - Failure by Information Centre to discharge any of its functions

          6. Section 273 - Protection from personal liability

        5. General and supplementary

          1. Section 274 - Powers of the Secretary of State or Board to give directions

          2. Section 275 - Interpretation of this Chapter

          3. Section 276 - Dissolution of predecessor body

          4. Section 277 - Consequential provision

    10. Part 10 – Abolition of certain public bodies etc

      1. Section 278 - The Alcohol Education and Research Council

      2. Section 279 – The Appointments Commission

      3. Section 280 – The National Information Governance Board for Health and Social Care

      4. Section 281 - The National Patient Safety Agency

      5. Section 282 - The NHS Institute for Innovation and Improvement

      6. Section 283 – Standing advisory committees

    11. Part 11 – Miscellaneous

      1. Information relating to births and deaths etc.

        1. Section 284 - Special Notices of Births and Deaths

        2. Section 285 – Provision of Information by Registrar General

        3. Section 286 – Provision of Information by Registrar General: Wales

        4. Section 287 – Provision of Statistical Information by Statistics Board

      2. Duties to co-operate

        1. Section 288 – Monitor: duty to co-operate with Care Quality Commission

        2. Section 289 – Care Quality Commission: duty to co-operate with Monitor

        3. Section 290 – Other duties to co-operate

        4. Section 291 – Breaches of duties to co-operate

      3. The Care Quality Commission

        1. Section 292 – Requirement for Secretary of State to approve remuneration policy etc.

        2. Section 293– Conduct of reviews etc. by Care Quality Commission

        3. Section 294 - Failure to discharge functions

      4. Arrangements with devolved authorities etc.

        1. Section 295 – Arrangements between the NHS Commissioning Board and Northern Ireland Ministers

        2. Section 296 – Arrangements between the NHS Commissioning Board and Scottish Ministers etc.

        3. Section 297 - Relationships between the health services

        4. Schedule 21 – Amendments relating to relationships between the health services

        5. Section 298 - Advice or assistance to public authorities in the Isle of Man or Channel Islands

      5. Supervised community treatment

        1. Section 299 – Certificate of consent of community patients to treatment

      6. Transfer schemes

        1. Section 300 – Transfer schemes

        2. Section 301 – Transfer schemes: supplemental

        3. Section 302 – Subsequent property transfer schemes

    12. Part 12 – Final Provisions

      1. Section 303 – Power to make consequential provision

      2. Section 304 – Regulations, orders and directions

      3. Section 306 – Commencement

      4. Section 307 – Commencement: consultation with Scottish Ministers

      5. Section 308 – Extent

  6. Commencement

  7. Hansard References

  8. Glossary of Abbrevations

  • Explanatory Notes Table of contents

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