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Health and Care Act 2022
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- 2022 c. 31
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PART 1 Health service in England: integration, collaboration and other changes
Secretary of State's functions
PART 3 Secretary of State's powers to transfer or delegate functions
PART 4 The Health Services Safety Investigations Body
SCHEDULES
Renaming of NHS Commissioning Board
7.In the heading of section 3B, for “Board” substitute “NHS...
8.In the heading of section 13A, for “Board” substitute “NHS...
9.In the heading of section 13W, for “Board’s” substitute “NHS...
10.In the heading of section 13Y, for “Board’s” substitute “NHS...
11.In section 275(1)— (a) omit the definition of “the Board”;...
12.In Schedule 1A, in the italic heading before paragraph 18,...
17.In the heading of section 197, for “NHS Commissioning Board”...
19.In section 250(1), for “the National Health Service Commissioning Board...
20.In the heading of section 274, for “Board” substitute “NHS...
22.In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”....
26.In section 77(4)(b)(ii)— (a) in the English language text, for...
27.In section 104(3)(d)(ii)— (a) in the English language text, for...
28.In section 118(2)(c)— (a) in the English language text, for...
29.In section 164A(4)— (a) in the English language text, for...
30.In section 193(4)(c)— (a) in the English language text, for...
31.In section 197(1)— (a) in the English language text, for...
34.Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
35.In section 4(3)— (a) in the English language text, for...
36.In section 65(4)— (a) in the English language text, for...
37.In section 99(1)— (a) in the English language text, omit...
Conferral of primary care functions on integrated care boards etc
PART 1 Conferral of functions etc
2.Power to require NHS England to continue to exercise certain primary care functions
4.(1) Section 84 (general medical services contracts: introductory) is amended...
5.In section 86 (persons eligible to enter into GMS contracts),...
6.In section 87 (GMS contracts: payments), in subsection (3)(d), for...
7.(1) Section 89 (GMS contracts: other required terms) is amended...
8.(1) Section 91 (persons performing primary medical services) is amended...
9.(1) Section 92 (arrangements for the provision of primary medical...
10.In section 93 (persons with whom agreements may be made...
11.(1) Section 94 (regulations about section 92 arrangements) is amended...
12.(1) Section 96 (assistance and support: primary medical services) is...
13.(1) Section 97 (Local Medical Committees) is amended as follows....
14.For section 98A substitute— Delegation of Secretary of State’s functions...
16.(1) Section 100 (general dental services contracts: introductory) is amended...
17.In section 102 (persons eligible to enter into GDS contracts),...
18.In section 103 (GDS contracts: payments), in subsection (3)(d), for...
19.In section 104 (GDS contracts: other required terms), in subsection...
20.(1) Section 106 (persons performing primary dental services) is amended...
21.(1) Section 107 (arrangements for the provision of primary dental...
22.In section 108 (persons with whom agreements may be made...
23.(1) Section 109 (regulations about section 107 arrangements) is amended...
24.(1) Section 112 (assistance and support: primary dental services) is...
25.(1) Section 113 (Local Dental Committees) is amended as follows....
26.For section 114A substitute— Delegation of Secretary of State’s functions...
28.In the italic heading before section 115, for “the Board”...
29.(1) Section 115 (primary ophthalmic services) is amended as follows....
30.After section 116 insert— General functions General powers to make...
31.(1) Section 117 (general ophthalmic services contracts: introductory) is amended...
32.In section 118 (persons eligible to enter into GOS contracts),...
33.In section 119 (exclusion of contractors), in subsection (1), for...
34.In section 120 (GOS contracts: payments), in subsection (3)(d), for...
35.In section 121 (GOS contracts: other required terms), in subsection...
36.(1) Section 123 (persons performing primary ophthalmic services) is amended...
37.(1) Section 124 (assistance and support: primary ophthalmic services) is...
38.(1) Section 125 (Local Optical Committees) is amended as follows....
39.For section 125A substitute— Delegation of Secretary of State’s functions...
PART 2 Consequential amendments
42.In section 40 (definition of business of dentistry), in subsection...
43.In section 53 (interpretation), in subsection (3)(a)(i), for “92 or...
45.Trade Union and Labour Relations (Consolidation) Act 1992
48.Health and Social Care (Community Health and Standards) Act 2003
52.(1) Section 259 (sale of medical practices) is amended as...
56.(1) Section 65 (persons with whom agreement may be made...
Integrated care system: minor and consequential amendments
1.Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
7.In section 63 (provision of instruction for officers of hospital...
8.In section 64 (financial assistance to certain voluntary organisations), in...
15.In section 39 (information as to hospitals), in subsection (1),...
16.In section 117 (after-care), in subsections (2), (2D), (2E), (2F)...
17.In section 134 (correspondence of patients), in subsection (3)(e), for...
18.In section 139 (protection for acts done in pursuance of...
19.In section 140 (notification of hospitals having arrangements for special...
21.In section 16 (statutory undertakers’ land excluded from compulsory purchase),...
22.In section 17 (local authority and statutory undertakers’ land), in...
23.Disabled Persons (Services, Consultation and Representation) Act 1986
24.(1) Section 2 (rights of authorised representatives of disabled persons)...
25.(1) Section 7 (persons discharged from hospital) is amended as...
28.In section 21 (provision for accommodation for children in police...
29.In section 24 (persons qualifying for advice and assistance), in...
30.In section 24C (information), in subsection (2)(c), for “a clinical...
31.In section 27 (co-operation between authorities), in subsection (3)(d), for...
32.In section 29 (recoupment of cost of providing services etc),...
33.In section 47 (local authority’s duty to investigate), in subsection...
34.In section 80 (inspection of children’s homes etc by persons...
35.In section 85 (children accommodated by health authorities and local...
41.In section 41 (application to the Crown), in subsection (7),...
47.In section 49B (the health service: regulations prohibiting discrimination because...
49.In section 218 (change of employer), in subsection (10), for...
52.In section 5 (authorities responsible for crime and disorder strategies),...
53.In section 38 (local provision of youth justice services), in...
54.(1) Section 39 (youth offending teams) is amended as follows....
55.In section 41 (the Youth Justice Board), in subsection (10),...
56.In section 42 (supplementary provision), in subsection (3), for “a...
57.In section 115 (disclosure of information), in subsection (2), for...
63.In section 4 (assessments etc for adoption support services), in...
64.In section 8 (adoption support agencies), in subsection (2)(d), for...
69.Health and Social Care (Community Health and Standards) Act 2003
70.In section 148 (interpretation of Part 2), in the definition...
71.In section 160 (provision of information), in subsection (1)(h)—
72.In section 165 (power to apply provisions about recovery of...
74.In section 10 (co-operation to improve wellbeing), in subsection (4)(db),...
75.In section 11 (arrangements to safeguard and promote welfare), in...
76.In section 16E (local arrangements for safeguarding and promoting welfare...
77.In section 16J (combining safeguarding partner areas and delegating functions),...
78.In section 16P (combining child death review partner areas and...
79.In section 16Q (guidance and interpretation), in subsection (2)(b), for...
87.In section 1H (NHS England and its general functions), in...
88.(1) Section 6 (performance of functions outside England) is amended...
89.(1) Section 6E (regulations as to the exercise of functions)...
90.In section 9 (NHS contracts), in subsection (4), for paragraph...
91.(1) Section 12 (arrangements with other bodies) is amended as...
92.(1) Section 12ZA (commissioning arrangements) is amended as follows.
93.(1) Section 12A (direct payments for health care) is amended...
94.In section 12B (regulations about direct payments), in subsections (2)(d),...
95.In section 12D (arrangements with other bodies relating to direct...
96.In section 13A (mandate), in subsection (6), for “clinical commissioning...
97.In section 13N (duty as to promoting integration), in subsection...
98.In section 13R (information on safety of services provided by...
99.In section 13V (pooled funds), in subsection (1), for “clinical...
100.In Part 2, omit Chapter A2 (clinical commissioning groups).
101.In section 71 (schemes for meeting losses and liabilities etc...
103.In section 76 (power of local authorities to make payments),...
106.In section 183 (payment of travelling expenses), in paragraphs (a),...
107.In section 185 (charges for more expensive supplies), in subsection...
108.In section 186 (charges for repairs and replacements in certain...
109.In section 187 (charges for designated services or facilities), for...
110.In section 188 (sums otherwise payable to those providing services),...
111.In section 196 (persons and bodies about which provision is...
112.In section 201 (disclosure of information), in subsection (3)(a), for...
113.In section 214 (transfer of functions and property to or...
114.In section 222 (power to raise money), in subsection (3A)(a),...
115.For section 223A (application of provision about public-private partnerships) substitute—...
116.In section 223B (funding of NHS England), in subsection (8),...
117.In section 223F (power to establish contingency fund), in subsection...
118.(1) Section 223G (means of meeting expenditure of clinical commissioning...
119.(1) Section 223GA (expenditure on integration) is amended as follows....
120.(1) Section 223K (payments in respect of quality) is amended...
121.(1) Section 236 (payments for certain medical examinations) is amended...
122.(1) Section 244 (review and scrutiny by local authorities) is...
123.In the italic heading before section 252A, for “clinical commissioning...
124.(1) In section 252A (role of NHS England and clinical...
126.In section 257 (payments in respect of voluntary organisations under...
127.(1) Section 258 (university clinical teaching and research) is amended...
128.In section 269 (special notices of births and deaths), in...
129.In section 270 (provision of information by Registrar General), in...
130.In section 271A (services to be treated as services of...
131.(1) Section 272 (orders, regulations, rules and directions) is amended...
133.In section 276 (index of defined expressions), in the appropriate...
135.(1) Schedule 1 (further provision about services) is amended as...
136.In Schedule 4 (NHS trusts: constitution etc), in paragraph 12,...
137.In Schedule 7 (constitution of public benefit corporations), in paragraph...
138.In Schedule 12A (pharmaceutical remuneration), in paragraph 2—
140.In section 7 (NHS contracts), in subsection (4), for paragraph...
141.In section 13 (exercise of Local Health Board functions), in...
142.In section 17 (plans for improving health etc), in subsection...
143.In section 26 (intervention orders), in subsection (1), for “,...
144.In section 28 (default powers), in subsection (1), for “,...
145.In section 34 (power of local authorities to make payments),...
146.In section 162 (transfer of functions and property to or...
147.In section 197 (university clinical teaching and research), in subsection...
152.Local Government and Public Involvement in Health Act 2007
153.Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph...
154.In section 224 (duties of services-providers to respond to local...
155.In section 227 (Local Healthwatch organisations: annual reports), in subsection...
158.In section 16 (supply of information by public bodies), in...
159.In section 77 (supply of information by public bodies), in...
161.In section 30 (urgent procedure for cancellation), in subsection (3)(a),...
162.In section 39 (bodies required to be notified of certain...
163.In section 48 (reviews and investigations), in subsection (2)(ba), for...
164.In section 54 (studies as to economy, efficiency etc), in...
165.In section 59 (additional functions), in subsection (3), for “clinical...
166.In section 64 (power to require documents and information), in...
167.In section 97 (general interpretation of Part 1), in subsection...
170.(1) Section 2 (duty to have regard to NHS constitution)...
171.In section 8 (duty of providers to publish information), in...
176.In section 95 (licensing: special conditions), in subsection (2)(d), for...
177.In section 99 (notification of commissioners where continuation of services...
178.In section 100 (modification of standard conditions), in subsection (2)(d),...
179.In section 102 (modification of conditions by order under other...
180.In section 104 (power to require documents and information), in...
181.In section 110 (notification of enforcement action), in subsection (1)(b),...
182.In section 141 (levy on providers: consultation), in subsection (3),...
183.In section 150 (interpretation, transitional provision and consequential amendments), omit...
184.In section 194 (establishment of Health and Wellbeing Boards), in...
185.In section 196 (other functions of Health and Wellbeing Boards),...
186.In section 241 (commissioning guidance), in subsection (1), for “section...
187.(1) Section 298 (advice or assistance to public authorities in...
189.Omit Schedule 6 (transitional provision in connection with clinical commissioning...
191.In section 105 (ASB case reviews: interpretation), in subsection (2),...
192.In Schedule 4 (case reviews: supplementary provision), in paragraph 5(2)(a),...
194.In section 6 (co-operating generally), in subsection (8)(b), for “a...
195.(1) Section 22 (exception for provision of health services) is...
196.In section 52 (sections 48 to 51: supplementary), in subsection...
197.In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and...
198.(1) Paragraph 1 of Schedule 2 (Safeguarding Adults Boards) is...
200.(1) Section 23 (duty of health bodies to bring certain...
201.(1) Section 26 (joint commissioning arrangements) is amended as follows....
202.In section 28 (co-operating generally: local authority functions), in subsections...
203.In section 31 (co-operating in specific cases: local authority functions),...
204.In section 53 (mediation: health care issues), in subsection (5),...
205.In section 56 (mediation: supplementary), in subsection (3), for paragraph...
206.In section 57 (resolution of disagreements), in subsection (7), for...
207.In section 77 (code of practice), in subsection (1), for...
210.In section 4 (general requirements for audit), for subsection (4)...
211.In section 8 (procedure for appointment), in subsection (4), for...
212.In section 10 (functions of auditor panel), in subsection (10),...
213.In section 21 (general duties of auditors of accounts of...
214.(1) Section 44 (interpretation of Act) is amended as follows....
215.In Schedule 2 (relevant authorities), for paragraph 23 substitute— An integrated care board.
216.In Schedule 5 (eligibility and regulation of local auditors), in...
217.In Schedule 7 (reports and recommendations), in paragraph 4(8), for...
218.Social Services and Well-being (Wales) Act 2014 (anaw 4)
219.In section 47 (exception for provision of health services), in...
220.In section 77 (accommodation for children in police protection or...
221.In section 104 (young people entitled to support under sections...
223.In section 164A (duty of other persons to co-operate and...
224.In section 193 (recovery of costs between local authorities), in...
225.In section 197 (general interpretation and index of defined expressions),...
230.Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
231.In section 4 (additional learning needs code), in subsection (3)—...
232.In section 64 (duty of health bodies to notify parents...
233.In section 65 (duties to provide information and other help),...
234.In section 99 (general interpretation), in subsection (1)—
235.Network and Information Systems Regulations 2018 (S.I. 2018/506)
236.In regulation 1(2) (interpretation), in the definition of “OES”, after...
237.(1) Regulation 8 (identification of operators of essential services) is...
241.(1) Section 25 (relevant review partners) is amended as follows....
243.In Schedule 1 (specified authorities and local government areas), in...
Abolition of Monitor and transfer of its functions
10.For section 2 substitute— General power (1) The Secretary of State may do anything which is...
11.In section 33 (applications by NHS trusts), in each of...
12.(1) Section 35 (authorisation of NHS foundation trusts) is amended...
13.In section 37 (amendments of constitution), in subsection (4)—
14.(1) Section 39 (register of NHS foundation trusts) is amended...
15.In section 39A (panel for advising governors), in subsections (1)...
16.In section 42A (criteria for making loans etc), in subsection...
17.In section 50 (fees), for “the regulator”, in both places...
18.In section 56 (mergers), in subsection (1), for “the regulator”...
20.In section 56AA (acquisitions under section 56A: supplementary), in subsection...
21.In section 56B (separations), in subsection (1), for “the regulator”...
22.In section 57 (sections 56 to 56B: supplementary), in subsections...
24.In section 64 (orders and regulations under Chapter), in subsection...
25.(1) Section 244 (review and scrutiny by local authorities) is...
26.In section 247C (Secretary of State’s duty to keep health...
27.In section 258 (university clinical teaching and research), after subsection...
28.In section 272 (orders, regulations, rules and directions), in subsection...
29.In section 275 (interpretation), in subsection (1), omit the definition...
30.In section 276 (index of defined expressions), omit the entry...
31.(1) Schedule 7 (constitution of public benefit corporations) is amended...
32.In Schedule 10 (audit of accounts of NHS foundation trusts)—...
35.In section 20A (functions relating to processing of information by...
36.In section 30 (urgent procedure for cancellation), in subsection (3),...
37.In section 39 (bodies required to be notified of certain...
38.In section 45A (functions to be exercised by Healthwatch England),...
39.In section 59 (additional functions), in subsection (2), for “Monitor”...
40.(1) Section 70 (Co-operation between the Care Quality Commission and...
42.In section 2 (duty to have regard to NHS Constitution),...
43.In section 9 (supplementary provision about the duty), in subsection...
47.(1) Section 83 (exemption regulations) is amended as follows.
48.In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit...
49.In section 85 (application for licence), in subsections (1) and...
50.In section 86 (licensing criteria), in each of subsections (1)...
51.In section 87 (grant or refusal of licence), in subsections...
52.In section 88 (application and grant: NHS foundation trusts), in...
53.In section 89 (revocation of licence), for “Monitor”, in both...
54.(1) Section 90 (right to make representations) is amended as...
55.In section 91 (notice of decisions), in subsections (1), (2)...
56.(1) Section 92 (appeals to the Tribunal) is amended as...
57.In section 93 (register of licence holders), in each of...
58.(1) Section 94 (standard conditions) is amended as follows.
59.(1) Section 95 (special conditions) is amended as follows.
60.(1) Section 96 (limits on Monitor’s functions to set or...
61.In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e),...
62.(1) Section 98 (conditions relating to the continuation of the...
63.(1) Section 99 (notification of commissioners where continuation of services...
64.(1) Section 100 (modification of standard conditions) is amended as...
65.In section 102 (modification of conditions by order under other...
66.(1) Section 104 (power to require documents and information) is...
67.In section 105 (discretionary requirements), in subsections (1), (2)(a), (b)...
68.In section 106 (enforcement undertakings), in subsections (1), (4) and...
69.(1) Section 108 (guidance as to use of enforcement powers)...
70.In section 109 (publication of enforcement action), in subsections (1)...
71.In section 110 (notification of enforcement action), in subsection (1)—...
72.In section 111 (imposition of licence conditions on NHS foundation...
73.(1) Section 113 (orders under section 112: criteria for deciding...
74.In section 128 (health special administration orders), in subsection (2),...
75.(1) Section 130 (health special administration regulations) is amended as...
76.In section 131 (transfer schemes), in subsection (2)(a), (b) and...
77.In section 132 (indemnities), for “Monitor” substitute “NHS England”.
78.In section 134 (duty to establish mechanisms for providing financial...
79.(1) Section 135 (power to establish fund) is amended as...
80.In section 136 (applications), in each of subsections (1) to...
81.In section 137 (grants and loans), in each of subsections...
82.(1) Section 138 (power to impose charges on commissioners) is...
83.(1) Section 139 (imposition of levy) is amended as follows....
86.In section 143 (amount payable), in each of subsections (1),...
87.In section 144 (investment principles and reviews), in each of...
88.In section 145 (borrowing), in subsections (1) and (2), for...
89.In section 146 (shortfall or excess of available funds, etc),...
90.(1) Section 148 (service of documents) is amended as follows....
91.In section 149 (electronic communications), in each of subsections (2)...
93.In section 175 (objective of trust special administration), omit subsection...
94.(1) Section 254 (powers to direct Information Centre to establish...
95.In section 255 (powers to request Information Centre to establish...
96.(1) In section 288 (duty to co-operate with Care Quality...
97.(1) Section 290 (other duties to co-operate) is amended as...
98.In section 291 (breaches of duties to co-operate), in subsection...
99.(1) Section 304 (regulations, orders and directions) is amended as...
100.(1) Schedule 11 (further provision about Monitor’s enforcement powers) is...
Intervention powers over the reconfiguration of NHS services
NHS trusts in England and removal of power to appoint trustees: consequential amendments
4.In section 215 (trustees and property under section 222), in...
5.In section 217 (supplementary provisions about trusts), in subsection (1),...
6.In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph...
9.In section 112 (transitional provision relating to abolition of NHS...
10.Omit section 180 (repeal of provisions on authorisation for NHS...
12.In Schedule 13, in paragraph 10 (saving provision: general duty...
13.Omit Schedule 14 (abolition of NHS trusts in England: consequential...
16.In section 3 (general requirements for accounts), for subsection (9)...
17.In section 4 (general requirements for audit), at the end...
18.In section 8 (procedure for appointment), in subsection (4), at...
19.In section 10 (functions of auditor panel), in subsection (10),...
20.In section 12 (failure to appoint local auditor), in subsections...
21.(1) Section 13 (failure of clinical commissioning group to appoint...
22.In section 21 (general duties of auditors of accounts of...
23.In section 30 (unlawful expenditure or activity of health service...
24.In section 43 (orders and regulations), in subsection (6), omit...
25.In section 44 (interpretation), in the definition of “accounts”, for...
26.Omit section 47 (application to NHS trusts and trustees).
27.In Schedule 2 (relevant authorities), after paragraph 23 insert— An NHS trust all or most of whose hospitals, establishments...
28.In Schedule 5 (eligibility and regulation of local auditors), in...
29.(1) Schedule 7 (reports and recommendations) is amended as follows....
Trust special administrators: NHS trusts and NHS foundation trusts
PART 1 Amendments about trust special administrators
1.The National Health Service Act 2006 is amended as follows....
2.For section 65B substitute— NHS trusts: appointment of trust special...
3.(1) Section 65D (NHS foundation trusts: appointment of trust special...
4.(1) Section 65DA (objective of trust special administration) is amended...
6.(1) Section 65G (consultation plan) is amended as follows.
7.(1) Section 65H (consultation requirements) is amended as follows.
10.In the italic heading before section 65K for “the regulator”...
11.For section 65K substitute— Decision of NHS England or Secretary...
12.(1) Section 65KA (regulator’s decision in case of NHS foundation...
13.(1) Section 65KB (Secretary of State’s response to regulator’s decision)...
14.In section 65KC (action following Secretary of State’s rejection of...
15.(1) In section 65KD (Secretary of State’s response to resubmitted...
16.(1) Section 65L (trusts coming out of administration) is amended...
17.In section 65LA (trusts to be dissolved), in subsection (3),...
18.(1) Section 65M (replacement of trust special administrator) is amended...
20.In section 65O (interpretation of Chapter), in subsection (1), in...
21.In section 272 (orders, regulations, rules and directions), in subsection...
References to functions: treatment of delegation arrangements etc
5.Health and Social Care (Community Health and Standards) Act 2003
7.In section 13Z4 (interpretation of Chapter A1 of Part 2),...
8.In section 73A (appointment of directors of public health), in...
9.In section 73B (exercise of public health functions of local...
10.In section 73C (complaints about exercise of public health functions...
11.In section 223K (payments in respect of quality), in subsection...
12.In section 244 (review and scrutiny by local authorities), in...
13.In section 252A (role of NHS England and clinical commissioning...
14.In section 253 (emergency powers), in subsection (1A), in paragraph...
15.Local Government and Public Involvement in Health Act 2007
18.In section 197 (participation of NHS England in Health and...
19.In section 199 (supply of information to Health and Wellbeing...
20.In section 234 (quality standards), in subsection (11), for the...
21.In section 237 (advice, guidance, information and recommendations), in subsection...
22.In section 250 (powers to publish information standards), in subsection...
23.In section 263 (code of practice on confidential information), after...
25.In section 290 (duties to co-operate), in subsection (2), at...
Consequential amendments relating to Part 4
Virginity testing and hymenoplasty: consequential amendments
Storage of gametes and embryos
PART 1 Amendments to Human Fertilisation and Embryology Act 1990
Advertising of less healthy food and drink
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