- Latest available (Revised)
- Original (As enacted)
This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Health and Social Care Act 2012, Cross Heading: National Health Service Act 2006 (c. 41) is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
5E+WThe National Health Service Act 2006 is amended as follows.
Commencement Information
I1Sch. 21 para. 5 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
I2Sch. 21 para. 5 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
6E+WIn section 9 (NHS contracts), in subsection (4)—
(a)after paragraph (f) insert—
“(fa)a Special Health Board constituted under that section,”, and
(b)after paragraph (n) insert—
“(na)the Scottish Ministers,
(nb)Healthcare Improvement Scotland,”.
Commencement Information
I3Sch. 21 para. 6 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
7E+WAfter section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
(1)Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed arrangement which—
(a)falls within the definition of NHS contract in section 9(1), and
(b)also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978.
(2)Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Secretary of State and the Scottish Ministers acting jointly.
(3)Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a party or prospective party to an arrangement or proposed arrangement which—
(a)falls within the definition of NHS contract in section 9(1), and
(b)also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
(4)Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State—
(a)where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and
(b)where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
(5)In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
(a)paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
(b)the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.”
Commencement Information
I4Sch. 21 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
Prospective
8(1)In section 66 (intervention orders), for subsection (1) substitute—E+W
“(1)This section applies to—
(a)NHS trusts, and
(b)Special Health Authorities.”
(2)Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
(3)Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
Prospective
9(1)Section 67 (effect of intervention orders) is amended as follows.E+W
(2)In subsection (1)—
(a)in paragraph (a) omit “or Local Health Board, or a member of the board of directors of an NHS trust”, and
(b)in paragraph (b)—
(i)omit “or Local Health Board,” and
(ii)in that paragraph omit “, or an executive director of an NHS trust”.
(3)In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of its board of directors)”.
Prospective
10(1)In section 68 (default powers), for subsection (1) substitute—E+W
“(1)This section applies to—
(a)NHS trusts established under section 25, and
(b)Special Health Authorities.”
(2)Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
(3)Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
11E+WIn section 78 (directed partnership arrangements), in subsection (3)—
(a)in paragraph (c) after “NHS trusts” insert “established under section 25”, and
(b)omit paragraph (d).
Commencement Information
I5Sch. 21 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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: