- Latest available (Revised)
- Point in Time (01/10/2023)
- Original (As enacted)
Point in time view as at 01/10/2023.
Health and Social Care Act 2012,
PART 10
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 that have been made appear in the content and are referenced with annotations.
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.
108(1)Section 211 (acquisition, use and maintenance of property) is amended as follows.E+W
(2)In subsection (4) for “A local social services authority” substitute “A local authority”.
(3)After that subsection insert—
“(4A)In subsection (4), “local authority” has the same meaning as in section 2B.”
Commencement Information
I1Sch. 4 para. 108 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
109E+WIn section 213 (transfers of trust property), in subsection (2)(c)—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)omit “a Primary Care Trust,.”
Textual Amendments
F1Sch. 4 para. 109(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
Commencement Information
I2Sch. 4 para. 109(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
110(1)Section 214 (transfer of functions and property to or from special trustees) is amended as follows.E+W
(2)In subsection (1)—
(a)after the first “by” insert “the Board, a clinical commissioning group,”, and
(b)omit “a Primary Care trust,”.
(3)In subsection (3)(a)—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)omit “a Primary Care Trust,”.
Textual Amendments
F2Sch. 4 para. 110(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
Commencement Information
I3Sch. 4 para. 110(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
I4Sch. 4 para. 110(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I5Sch. 4 para. 110(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
I6Sch. 4 para. 110(2)(b)(3)(b) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
111(1)Section 215 (trustees and property under section 222) is amended as follows.E+W
(2)Omit subsection (2)(b) and the preceding “and”.
(3)In subsection (3)—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)omit paragraph (a).
(4)In subsection (4)—
(a)after the second “and” insert “the Board, clinical commissioning group,”,
(b)omit “the Primary Care Trust,” (in each place it occurs), and
(c)after the second “by” insert “the Board, clinical commissioning group,”.
Textual Amendments
F3Sch. 4 para. 111(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
Commencement Information
I7Sch. 4 para. 111(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
I8Sch. 4 para. 111(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I9Sch. 4 para. 111(2)(3)(b)(4)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I10Sch. 4 para. 111(4)(a)(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
112E+WIn section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
Commencement Information
I11Sch. 4 para. 112 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
I12Sch. 4 para. 112 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
113E+WIn section 217 (trusts: supplementary provisions), in subsection (1)—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)omit paragraph (f), and
(c)omit paragraph (g).
Textual Amendments
F4Sch. 4 para. 113(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
Commencement Information
I13Sch. 4 para. 113(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
114E+WIn section 218 (private trusts for hospitals), in subsection (4)—
(a)in paragraph (b) omit “or Primary Care Trust”,
(b)in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
(c)for paragraph (d) substitute —
“(d)in any other case—
(i)where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,
(ii)where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.”
Commencement Information
I14Sch. 4 para. 114 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
115E+WIn section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
Commencement Information
I15Sch. 4 para. 115 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
I16Sch. 4 para. 115 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
116(1)Section 222 (power to raise money) is amended as follows.E+W
(2)In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
(3)After subsection (3) insert—
“(3A)In subsection (3) “appropriate authority” means—
(a)in relation to a clinical commissioning group, the Board, and
(b)in relation to any other body to which this section applies, the Secretary of State.”
(4)In subsection (9), for “section 224 or 226” substitute “section 225”.
Commencement Information
I17Sch. 4 para. 116 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
117(1)In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State” insert “or the Board”.E+W
(2)After that section insert—
(1)Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
(2)But the powers conferred by that section are exercisable by a clinical commissioning group only for the purpose of securing improvement—
(a)in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
(b)in the prevention, diagnosis and treatment of illness in such people.”
Commencement Information
I18Sch. 4 para. 117(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
I19Sch. 4 para. 117(2) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
118E+WOmit section 224 (means of meeting expenditure of Strategic Health Authorities).
Commencement Information
I20Sch. 4 para. 118 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
119(1)Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows.E+W
(2)Omit subsection (1).
(3)In subsection (3) —
(a)omit “Strategic Health Authority or”, and
(b)for “subsection (1) or (2)” substitute “subsection (2)”.
(4)In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
(5)In subsection (5) omit “Strategic Health Authority or”.
(6)In subsection (6) omit “Strategic Health Authority or”.
(7)In subsection (7)—
(a)in paragraph (a) omit “specified Strategic Health Authority or”,
(b)omit paragraph (b)(i) and the word “or” immediately following it, and
(c)omit paragraph (c)(i) and the word “or” immediately following it, and
(d)in the words following paragraph (c) omit “Strategic Health Authority or”.
(8)In the heading to the section, omit “Strategic Health Authorities and”.
Commencement Information
I21Sch. 4 para. 119 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
120(1)Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows.E+W
(2)In subsection (1), omit “Strategic Health Authority and each”.
(3)In subsection (2)(b) omit “Strategic Health Authority or”.
(4)In subsection (3) omit “Strategic Health Authority or”.
(5)In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
(6)In the heading to the section, omit “Strategic Health Authorities and”.
Commencement Information
I22Sch. 4 para. 120 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
121E+WOmit sections 228 to 231 (funding of Primary Care Trusts etc).
Commencement Information
I23Sch. 4 para. 121 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
122E+WIn section 234 (special arrangement as to payment of remuneration), omit subsection (4).
Commencement Information
I24Sch. 4 para. 122 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
123(1)Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows.E+W
(2)In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning group”.
(3)In subsection (2)(b)—
(a)after “report made” insert “—
(i)”,
(b)omit “a Primary Care Trust,”,
(c)before “NHS trust” insert “an”, and
(d)at the end insert “, or
(ii)pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group, or
(iii)pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority.”
Commencement Information
I25Sch. 4 para. 123 partly in force; Sch. 4 para. 123 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I26Sch. 4 para. 123 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
124E+WOmit Schedule 14 (further provision about expenditure of Primary Care Trusts).
Commencement Information
I27Sch. 4 para. 124 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
125(1)Schedule 15 (accounts and audits) is amended as follows.E+W
(2)In paragraph 1(1)—
(a)omit paragraph (a),
(b)omit paragraph (c), and
(c)omit paragraph (g).
(3)In paragraph 5, omit sub-paragraph (2).
(4)Omit paragraph 7.
(5)In paragraph 8(3) omit “or 7”.
(6)Omit paragraph 9.
Commencement Information
I28Sch. 4 para. 125(1)-(3) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 4, 5, 7-9)
I29Sch. 4 para. 125(4)-(6) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 11(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.
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: