National Health Service Act 2006
National Health Service Act 2006 (2006 c. 41)
- National Health Service Act 2006 (2006 c. 41)
- Part 1 Promotion and provision of the health service in England
- The Secretary of State and the health service in England
- 1 Secretary of State's duty to promote comprehensive health service
- 1A Duty as to improvement in quality of services
- 1B Duty as to the NHS Constitution
- 1C Duty as to reducing inequalities
- 1D Duty as to promoting autonomy
- 1E Duty as to research
- 1F Duty as to education and training
- 1G Secretary of State's duty as to reporting on and reviewing treatment of providers
- 1GA Secretary of State’s duty to report on workforce systems
- Role of NHS England in the health service in England
- 1H NHS England and its general functions
- Role of integrated care boards in the health service in England
- 1I General functions of integrated care boards
- General power
- 2. General power
- Provision for protection or improvement of public health
- 2A Secretary of State's duty as to protection of public health
- 2B Functions of local authorities and Secretary of State as to improvement of public health
- Arrangements for the provision of certain health services
- 3. Duties of integrated care boards as to commissioning certain health services
- 3A. Power of integrated care boards to commission certain health services
- 3B Secretary of State's power to require NHS England to commission services
- 4 High security psychiatric services
- 5 Other services
- Provision of services otherwise than in England
- 6 Performance of functions outside England
- 6A. Reimbursement of cost of services provided in another EEA state
- 6B. Prior authorisation for the purposes of section 6A
- 6BA Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013.
- 6BB Prior authorisation for the purposes of section 6BA
- Regulations as to the exercise of functions
- 6C Regulations as to the exercise by local authorities of certain public health functions
- 6D Regulations relating to EU obligations
- 6E Regulations as to the exercise of functions by NHS England or integrated care boards
- 6F Enforcement of section 6E regulations relating to patient choice
- 6G Guidance relating to patient choice
- Functions of Special Health Authorities
- 7 Functions of Special Health Authorities
- Exercise of Secretary of State's public health functions
- 7A. Exercise of Secretary of State’s public health functions
- 7B Directions requiring NHS bodies to exercise public health functions
- 7C Power of direction: investigation functions
- 7D Transfer schemes in connection with a direction under section 7C
- 7E Transfer schemes under section 7D: taxation
- Directions to certain NHS bodies
- 8 Secretary of State's directions to certain health service bodies
- NHS contracts
- 9 NHS contracts
- 10 Provision for bodies in Northern Ireland
- 10A Provision for bodies in Scotland
- 11 Arrangements to be treated as NHS contracts
- Arrangements with other bodies
- 12 Secretary of State's arrangements with other bodies
- 12ZA Commissioning arrangements by NHS England or integrated care boards
- Procurement
- 12ZB Procurement regulations
- 12ZC Eradicating slavery and human trafficking in supply chains
- Direct payments for health care
- 12A Direct payments for health care
- 12B Regulations about direct payments
- 12C Direct payments pilot schemes
- 12D Arrangements with other bodies relating to direct payments
- Miscellaneous
- 12E Secretary of State's duty as respects variation in provision of health services
- 12F Expected mental health spending
- Part 2 Health service bodies
- CHAPTER A1 NHS England
- Secretary of State's mandate to NHS England
- 13A Mandate to NHS England
- 13B Review of NHS England’s performance in implementing the mandate
- General duties of NHS England
- 13C Duty to promote NHS Constitution
- 13D Duty as to effectiveness, efficiency etc.
- 13E Duty as to improvement in quality of services
- 13F Duty as to promoting autonomy
- 13G Duty as to reducing inequalities
- 13H Duty to promote involvement of each patient
- 13I Duty as to patient choice
- 13J Duty to obtain appropriate advice
- 13K Duty to promote innovation
- 13L Duty in respect of research
- 13M Duty as to promoting education and training
- 13N Duty as to promoting integration
- 13NA Duty to have regard to wider effect of decisions
- 13NB Guidance about discharge of duty
- 13NC Duties as to climate change etc
- 13ND Guidance about discharge of duty under section 13NC etc
- 13O Duty to have regard to impact on services in certain areas
- 13P Duty as respects variation in provision of health services
- 13PA. Duty to cooperate for education and training functions and specified functions
- Public involvement
- 13Q Public involvement and consultation by NHS England
- Functions in relation to information
- 13R Information on safety of services provided by the health service
- 13S Guidance in relation to processing of information
- 13SA Information about inequalities
- Regulatory functions
- 13SB Minimising conflicts between regulatory and other functions
- 13SC Provision of regulatory information or assistance to the CMA
- Business plan and report
- 13T Business plan
- 13U Annual report
- Joint appointments
- 13UA Guidance about joint appointments
- Additional powers
- 13V Establishment of pooled funds
- 13W NHS England’s power to generate income, etc.
- 13X Power to make grants etc.
- 13Y NHS England’s incidental powers: further provision
- Assistance and support
- 13YA Power of NHS England to provide assistance and support
- Discharge of functions
- 13YB Directions in respect of functions relating to provision of services
- ...
- 13Z Exercise of functions
- 13ZA Section 13Z: further provision in relation to devolved arrangements
- 13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d)
- Powers of direction
- 13ZC Secretary of State directions as to exercise of NHS England functions
- 13ZD Power to give directions: exceptions
- 13ZE Compliance with directions: significant failure
- 13ZF Secretary of State directions to provide information
- Power to confer additional functions
- 13Z1 Power to confer additional functions on NHS England
- ...
- 13Z2 Failure by the Board to discharge any of its functions
- Disclosure of information
- 13Z3 Permitted disclosures of information
- Interpretation
- 13Z4 Interpretation
- CHAPTER A2 Clinical commissioning groups
- Establishment of clinical commissioning groups
- 14A General duties of Board in relation to clinical commissioning groups
- 14B Applications for the establishment of clinical commissioning groups
- 14C Determination of applications
- 14D Effect of grant of application
- Variation of constitution
- 14E Applications for variation of constitution
- 14F Variation of constitution otherwise than on application
- Mergers, dissolution etc.
- 14G Mergers
- 14H Dissolution
- Supplemental provision about applications, variation, mergers etc.
- 14I Transfers in connection with variation, merger, dissolution etc.
- 14J Publication of constitution of clinical commissioning groups
- 14K Guidance about the establishment of clinical commissioning groups etc.
- Governing bodies of clinical commissioning groups
- 14L Governing bodies of clinical commissioning groups
- 14M Audit and remuneration committees of governing bodies
- 14N Regulations as to governing bodies of clinical commissioning groups
- Conflicts of interest
- 14O Registers of interests and management of conflicts of interest
- General duties of clinical commissioning groups
- 14P Duty to promote NHS Constitution
- 14Q Duty as to effectiveness, efficiency etc.
- 14R Duty as to improvement in quality of services
- 14S Duty in relation to quality of primary medical services
- 14T Duties as to reducing inequalities
- 14U Duty to promote involvement of each patient
- 14V Duty as to patient choice
- 14W Duty to obtain appropriate advice
- 14X Duty to promote innovation
- 14Y Duty in respect of research
- 14Z Duty as to promoting education and training
- 14Z1 Duty as to promoting integration
- Public involvement
- 14Z2 Public involvement and consultation by clinical commissioning groups
- Arrangements with others
- 14Z3 Arrangements by clinical commissioning groups in respect of the exercise of functions
- 14Z3A Joint exercise of functions with combined authorities
- 14Z4 Joint exercise of functions with Local Health Boards
- Additional powers of clinical commissioning groups
- 14Z5 Raising additional income
- 14Z6 Power to make grants
- Board's functions in relation to clinical commissioning groups
- 14Z7 Responsibility for payments to providers
- 14Z8 Guidance on commissioning by the Board
- 14Z9 Exercise of functions by, or jointly with, the Board
- 14Z10 Power of Board to provide assistance or support
- Commissioning plans and reports
- 14Z11 Commissioning plan
- 14Z12 Revision of commissioning plans
- 14Z13 Consultation about commissioning plans
- 14Z14 Opinion of Health and Wellbeing Boards on commissioning plans
- 14Z15 Reports by clinical commissioning groups
- Performance assessment of clinical commissioning groups
- 14Z16 Performance assessment of clinical commissioning groups
- Powers to require information etc.
- 14Z17 Circumstances in which powers in sections 14Z18 and 14Z19 apply
- 14Z18 Power to require documents and information etc.
- 14Z19 Power to require explanation
- 14Z20 Use of information
- Intervention powers
- 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
- Procedural requirements in connection with certain powers
- 14Z22 Procedural requirements in connection with certain powers
- Disclosure of information
- 14Z23 Permitted disclosures of information
- Interpretation
- 14Z24 Interpretation
- CHAPTER A3 Integrated care boards
- Establishment of integrated care boards (including by re-purposing clinical commissioning groups)
- 14Z25 Duty to establish integrated care boards
- 14Z26 Process for establishing initial integrated care boards
- 14Z27 Abolition of clinical commissioning groups
- 14Z28 Transfer schemes in connection with integrated care boards
- Constitution: publication
- 14Z29 Duty for integrated care board to publish constitution
- Conflicts of interest
- 14Z30 Register of interests and management of conflicts of interests
- People for whom integrated care board has responsibility
- 14Z31 People for whom integrated care board has responsibility
- General duties of integrated care boards
- 14Z32 Duty to promote NHS Constitution
- 14Z33 Duty as to effectiveness, efficiency etc
- 14Z34 Duty as to improvement in quality of services
- 14Z35 Duties as to reducing inequalities
- 14Z36 Duty to promote involvement of each patient
- 14Z37 Duty as to patient choice
- 14Z38 Duty to obtain appropriate advice
- 14Z39 Duty to promote innovation
- 14Z40 Duty in respect of research
- 14Z41 Duty to promote education and training
- 14Z42 Duty to promote integration
- 14Z43 Duty to have regard to wider effect of decisions
- 14Z44 Duties as to climate change etc
- Involvement of the public
- 14Z45 Public involvement and consultation by integrated care boards
- Joint exercise of functions with Local Health Boards
- 14Z46 Joint exercise of functions with Local Health Boards
- Additional powers of integrated care boards
- 14Z47 Raising additional income
- 14Z48 Power to make grants
- Experience of members
- 14Z49 Duty to keep experience of members under review etc
- NHS England’s functions in relation to integrated care boards
- 14Z50 Responsibility for payments to providers
- 14Z51 Guidance by NHS England
- Forward planning and reports
- 14Z52 Joint forward plans for integrated care board and its partners
- 14Z53 Revision of forward plans
- 14Z54 Consultation about forward plans
- 14Z55 Opinion of Health and Wellbeing Boards on forward plan
- 14Z56 Joint capital resource use plan for integrated care board and its partners
- 14Z57 Revision of joint capital resource use plans
- 14Z58 Annual report
- Performance assessment of integrated care boards
- 14Z59 Performance assessment of integrated care boards
- Power of NHS England to obtain information
- 14Z60 Power of NHS England to obtain information
- Intervention powers
- 14Z61 Power to give directions to integrated care boards
- 14Z62 Section 14Z61 directions: consultation and cooperation
- Disclosure of information
- 14Z63 Permitted disclosures of information
- Interpretation
- 14Z64 Interpretation
- Chapter 1 Strategic Health Authorities
- 13 Strategic Health Authorities
- 14 Exercise of Strategic Health Authority functions
- 15 Strategic Health Authorities' directions
- 16 Section 92 arrangements and section 107 arrangements and LPS schemes
- 17 Advice for Strategic Health Authorities
- 17A Reports on consultation
- Chapter 2 Primary Care Trusts
- 18 Primary Care Trusts
- 19 Exercise of Primary Care Trust functions
- 20 Strategic Health Authority directions to Primary Care Trusts
- 21 Provision of services etc
- 22 Administration and management of services
- 23 Advice for Primary Care Trusts
- 23A Arrangements for improving quality of health care
- 24 Plans for improving health etc
- 24A Report on consultation
- Chapter 3 NHS trusts
- 25 NHS trusts
- 26 General duty of NHS trusts
- 26A Duty to have regard to wider effect of decisions
- 26B Duties in relation to climate change etc
- 27 Financial provisions relating to NHS trusts
- 27A Oversight and support of NHS trusts
- 27B NHS England’s directions to NHS trusts
- 27C Recommendations about restructuring
- 27D Intervention in NHS trusts: recommendations etc by NHS England
- Chapter 4 Special Health Authorities
- 28 Special Health Authorities
- 28A Special Health Authorities: further provision
- 29 Exercise of Special Health Authority functions
- 29A Special Health Authorities: accounts and audit
- Chapter 5 NHS foundation trusts
- Introductory
- 30 NHS foundation trusts
- 31 Independent Regulator of NHS Foundation Trusts
- 32 General duty of regulator
- Authorisation
- 33 Applications by NHS trusts
- 34 Other applications
- 35 Authorisation of NHS foundation trusts
- 36 Effect of authorisation
- 37 Amendments of constitution
- 38 Variation of authorisation
- 39 Register of NHS foundation trusts
- 39A Panel for advising governors
- Financial matters
- 40 Power of Secretary of State to give financial assistance
- 41 Prudential borrowing code
- 42 Public dividend capital
- 42A Criteria for making loans etc.
- 42B Limits on capital expenditure
- 42C Guidance in relation to orders under section 42B
- Functions
- 43 Provision of goods and services
- 44 Power to charge for accommodation etc.
- 45 Protection of property
- 46 Financial powers
- 47 General powers
- 47A Joint exercise of functions
- 48 Information
- 49 Entry and inspection of premises
- 50 Fees
- 51 Trust funds and trustees
- 51A Significant transactions
- Failure
- 52 Failing NHS foundation trusts
- 52A Application of sections 52B to 52E
- 52B De-authorisation: regulator's notice
- 52C Grounds for de-authorisation notice
- 52D De-authorisation
- 52E Secretary of State's request
- 53 Voluntary arrangements
- 54 Dissolution etc
- 55 Sections 53 and 54: supplementary
- Mergers, acquisitions and separations
- 56 Mergers
- 56A Acquisitions
- 56AA Acquisitions under section 56A: supplementary
- 56B Separations
- 57 Sections 56 to 56B: supplementary
- 57A Dissolution
- Miscellaneous
- 58 Taxation
- 59 Conduct of elections
- 60 Voting and standing for election
- 61 Representative membership
- 62 Audit
- 63 General duty of NHS foundation trusts
- 63A Duty to have regard to wider effect of decisions
- 63B Duties in relation to climate change etc
- Supplementary
- 64 Orders and regulations under this Chapter
- 65 Interpretation of this Chapter
- Chapter 5A Trust special administrators: NHS trusts and NHS foundation trusts
- Application
- 65A Application
- Appointment
- 65B NHS trusts: appointment of trust special administrator
- 65BA Care Quality Commission report on safety and quality of services
- 65C Suspension of directors
- ...
- 65D NHS foundation trusts: appointment of trust special administrator
- 65DA Objective of trust special administration
- 65E NHS foundation trusts: de-authorisation and appointment of trust special administrator
- Consultation and report
- 65F Draft report
- 65G Consultation plan
- 65H Consultation requirements
- 65I Final report
- 65J Power to extend time
- Action by the Secretary of State and NHS England
- 65K. Decision of NHS England or Secretary of State in case of NHS trust
- 65KA NHS England’s decision in case of NHS foundation trust
- 65KB Secretary of State's response to NHS England’s decision
- 65KC Action following Secretary of State's rejection of final report
- 65KD Secretary of State's response to re-submitted final report
- 65L Trusts coming out of administration
- 65LA Trusts to be dissolved
- Supplementary
- 65M Replacement of trust special administrator
- 65N Guidance
- 65O Interpretation of this Chapter
- Chapter 5B Trust special administrators: Primary Care Trusts
- Appointment
- 65P Appointment of trust special administrator
- 65Q Displacement of functions
- Chapter 6 Miscellaneous
- Consolidated accounts
- 65Z4 Consolidated accounts for NHS trusts and NHS foundation trusts
- Joint working arrangements and delegation
- 65Z5 Joint working and delegation arrangements
- 65Z6 Joint committees and pooled funds
- 65Z7 Joint working and delegation: guidance by NHS England
- Intervention orders and default powers
- 66 Intervention orders
- 67 Effect of intervention orders
- 68 Default powers
- Reconfiguration of NHS services
- 68A Reconfiguration of NHS services
- Protection of members and officers of health service bodies
- 69 Protection from personal liability
- Transfer schemes
- 69A Transfer schemes: NHS trusts and NHS foundation trusts
- Transfer of residual liabilities
- 70 Transfer of residual liabilities of certain health service bodies
- Losses and liabilities of certain health service bodies
- 71 Schemes for meeting losses and liabilities etc of certain health service bodies
- Co-operation between NHS bodies
- 72 Co-operation between NHS bodies
- NHS trusts and foundation trusts: exemption from merger legislation
- 72A Exemption from Part 3 of the Enterprise Act 2002
- Directions and regulations under this Part
- 73 Directions and regulations under this Part
- Part 3 Local authorities and the NHS
- 73A Appointment of directors of public health
- 73B Exercise of public health functions of local authorities: further provision
- 73C Complaints about exercise of public health functions by local authorities
- 74 Supply of goods and services by local authorities
- 75 Arrangements between NHS bodies and local authorities
- 76 Power of local authorities to make payments
- 77 Care Trusts
- 78 Directed partnership arrangements
- 79 Further provision about directions and directed partnership arrangements
- 80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards
- 81 Conditions of supply under section 80
- 82 Co-operation between NHS bodies and local authorities
- Part 4 Medical services
- Duty of NHS England in relation to primary medical services
- 83 Primary medical services
- General medical services contracts
- 84. General medical services contracts: introductory
- 85 Requirement to provide certain primary medical services
- 86. Persons eligible to enter into GMS contracts
- 87. GMS contracts: payments
- 88 GMS contracts: prescription of drugs, etc
- 89 GMS contracts: other required terms
- 90 GMS contracts: disputes and enforcement
- Performance of primary medical services
- 91 Persons performing primary medical services
- Other arrangements for the provision of primary medical services
- 92. Arrangements by the Board for the provision of primary medical services
- 93. Persons with whom agreements may be made under section 92
- 94 Regulations about section 92 arrangements
- 95 Transfer of liabilities relating to section 92 arrangements
- Assistance and support
- 96. Assistance and support: primary medical services
- Local Medical Committees
- 97. Local Medical Committees
- Provision of accommodation by the Secretary of State
- 98 Use of accommodation: provision of primary medical services
- Directions
- 98A. Exercise of functions
- Part 5 Dental services
- Duty of NHS England in relation to primary dental services
- 99. Primary dental services
- General dental services contracts
- 100 General dental services contracts: introductory
- 101 Requirement to provide certain primary dental services
- 102 Persons eligible to enter into GDS contracts
- 103 GDS contracts: payments
- 104 GDS contracts: other required terms
- 105 GDS contracts: disputes and enforcement
- Performance of primary dental services
- 106 Persons performing primary dental services
- Other arrangements for the provision of primary dental services
- 107 Arrangements by the Board for the provision of primary dental services
- 108 Persons with whom agreements may be made under section 107
- 109 Regulations about section 107 arrangements
- 110 Transfer of liabilities relating to section 107 arrangements
- Dental public health
- 111 Dental public health
- Assistance and support
- 112 Assistance and support: primary dental services
- Local Dental Committees
- 113 Local Dental Committees
- Provision of accommodation by the Secretary of State
- 114 Use of accommodation: provision of primary dental services
- Directions
- 114A. Exercise of functions
- Part 6 Ophthalmic services
- Duty of the Board in relation to primary ophthalmic services
- 115. Primary ophthalmic services
- 116 Regulations under section 115: supplementary
- General ophthalmic services contracts
- 117 General ophthalmic services contracts: introductory
- 118 Persons eligible to enter into GOS contracts
- 119 Exclusion of contractors
- 120 GOS contracts: payments
- 121 GOS contracts: other required terms
- 122 GOS contracts: disputes and enforcement
- Performance of primary ophthalmic services
- 123 Persons performing primary ophthalmic services
- Assistance and support
- 124 Assistance and support: primary ophthalmic services
- Local Optical Committees
- 125 Local Optical Committees
- Directions
- 125A Exercise of functions
- Part 7 Pharmaceutical services and local pharmaceutical services
- Chapter 1 Provision of pharmaceutical services
- 126 Arrangements for pharmaceutical services
- 127 Arrangements for additional pharmaceutical services
- 128 Terms and conditions, etc
- 128A Pharmaceutical needs assessments
- 129 Regulations as to pharmaceutical services
- 130 Regulations under section 129: appeals, etc
- 131 Power to charge
- 132 Persons authorised to provide pharmaceutical services
- 133 Inadequate provision of pharmaceutical services
- Chapter 2 Local pharmaceutical services: pilot schemes
- 134 Pilot schemes
- 135 Making pilot schemes
- 136 Designation of priority neighbourhoods or premises
- 137 Reviews of pilot schemes
- 138 Variation and termination of pilot schemes
- 139 NHS contracts and the provision of piloted services
- 140 Funding of preparatory work
- 141 Application of this Act
- 142 Premises from which piloted services may be provided
- 143 Control of entry regulations
- Chapter 3 Local pharmaceutical services: LPS schemes
- 144 Local pharmaceutical services schemes
- Chapter 4 Local pharmaceutical services: miscellaneous
- Application of enactments
- 145 Application of enactments
- Performance of local pharmaceutical services
- 146 Persons performing local pharmaceutical services
- Assistance and support
- 147 Assistance and support: local pharmaceutical services
- CHAPTER 4A Lists of performers of pharmaceutical services and assistants
- 147A Performers of pharmaceutical services and assistants
- 147B Further provision about regulations under section 147A
- Chapter 5 Conditional inclusion in pharmaceutical lists, and supplementary listsConditional inclusion in pharmaceutical lists
- 148 Conditional inclusion in pharmaceutical lists
- 149 Supplementary lists
- 150 Further provision about regulations under section 149
- Chapter 5A Notices and penalties
- 150A Notices and penalties
- Chapter 6 Disqualification
- 151 Disqualification of practitioners
- 152 Contingent removal
- 153 Fraud and unsuitability cases: supplementary
- 154 Suspension
- 155 Suspension pending appeal
- 156 Effect of suspension
- 157 Review of decisions
- 158 Appeals
- 159 National disqualification
- 160 Notification of decisions
- 161 Withdrawal from lists
- 162 Regulations about decisions under this Chapter
- 163 Corresponding provisions in Scotland and Northern Ireland
- Chapter 7 Miscellaneous
- Remuneration
- 164 Remuneration for persons providing pharmaceutical services
- 165 Section 164: supplementary
- 165A Pharmaceutical remuneration: further provision
- Indemnity cover
- 166 Indemnity cover
- Local Pharmaceutical Committees
- 167 Local Pharmaceutical Committees
- Provision of accommodation by the Secretary of State
- 168 Use of accommodation: provision of pharmaceutical services and local pharmaceutical services
- Directions
- 168A Exercise of functions
- Part 8 Appeals to First-Tier Tribunal
- 169 Appeals to the First-tier Tribunal
- 170 FHSAA: financial provisions
- 171 Conditions of use of services of persons under section 169
- Part 9 Charging
- Power to charge generally
- 172 Charges for drugs, medicines or appliances, or pharmaceutical services
- 173 Exemptions from general charging
- 174 Pre-payment certificates
- 175 Charges in respect of non-residents
- Charging for dental services
- 176 Dental charging
- 177 Exemptions from dental charging
- Charging for local pharmaceutical services
- 178 Charges, recovery of payments and penalties
- Charging for optical appliances
- 179 Charges for optical appliances
- 180 Payments in respect of costs of optical appliances and sight tests
- 181 Section 180: supplementary
- Exemptions, etc
- 182 Remission and repayment of charges
- 183 Payment of travelling expenses
- 184 Sections 182 and 183: supplementary
- Other provisions relating to charging
- 185 Charges for more expensive supplies
- 186 Charges for repairs and replacements in certain cases
- 186A Charges in respect of public health functions
- 187 Charges for designated services or facilities
- 188 Sums otherwise payable to those providing services
- 189 Hospital accommodation on part payment
- 190 Expenses payable by employed patients
- Recovery, etc
- 191 Recovery of charges
- 192 Recovery of charges and payments in relation to goods and services
- 193 Penalties relating to charges
- 194 Offences relating to charges
- Part 10 Protection of NHS from fraud and other unlawful activities
- Preliminary
- 195 Compulsory disclosure of documents
- 196 Persons and bodies about which provision is made by this Part
- Disclosure notices
- 197 Notice requiring production of documents
- 198 Production of documents
- 199 Delegation of functions
- 200 Code of practice relating to delegated functions
- 201 Disclosure of information
- 202 Protection of personal information disclosed for purposes of proceedings
- 203 Manner in which disclosure notice may be served
- Offences under this Part
- 204 Offences in connection with production of documents
- 205 Offences relating to disclosure or use of information
- 206 Offences by bodies corporate etc
- 207 Offences committed by partnerships and other unincorporated associations
- 208 Penalties for offences under this Part: transitional modification
- Supplementary
- 209 Orders and regulations under this Part
- 210 Interpretation of this Part
- Part 11 Property and finance
- Chapter 1 Land and other property
- 211 Acquisition, use and maintenance of property
- Chapter 2 Trusts
- 212 Special trustees for a university hospital or teaching hospital
- 213 Transfers of trust property
- 214 Transfer of functions and property to or from Welsh special trustees
- 215 Trustees and property under section 222
- 216 Application of trust property: further provisions
- 217 Trusts: supplementary provisions
- 218 Private trusts for hospitals
- Chapter 3 Property transferred under the National Health Service Act 1946
- 219 Transferred property free of trusts
- 220 Trust property previously held for general hospital purposes
- 221 Voluntary hospitals
- Chapter 4 Raising money
- 222 Power to raise money
- Chapter 5 Formation of companies
- 223 Public-private partnerships
- 223A. Application of section 223 to integrated care boards
- Chapter 6 Finance
- NHS England
- 223B Funding of NHS England
- 223C. Financial duties of NHS England: expenditure
- 223CA NHS England: banking facilities
- 223D. Financial duties of NHS England: controls on total resource use
- 223E. Financial duties of NHS England: additional controls on resource use
- 223F Power to establish contingency fund
- Integrated care boards
- 223G Means of meeting expenditure of integrated care boards out of public funds
- 223GA Expenditure on integration
- 223GB Power to impose financial requirements on integrated care boards
- 223GC Financial duties of integrated care boards: expenditure limits
- 223GD Integrated care boards: banking facilities
- 223H Financial duties of clinical commissioning groups: expenditure
- 223I Financial duties of clinical commissioning groups: use of resources
- 223J Financial duties of clinical commissioning groups: additional controls on resource use
- 223K Payments in respect of quality
- Joint duties of an integrated care board and its partner NHS trusts and NHS foundation trusts
- 223L Joint financial objectives for integrated care boards etc
- 223M Financial duties of integrated care boards etc: use of resources
- 223N Financial duties of integrated care boards etc: additional controls on resource use
- Directions about resources etc to be taken into account
- 223O Resources etc relevant to section 223D, 223E or 223M
- Strategic Health Authorities and Special Health Authorities
- 224 Means of meeting expenditure of Strategic Health Authorities out of public funds
- 225 Means of meeting expenditure of Special Health Authorities out of public funds
- 226 Financial duties of ... Special Health Authorities
- 227 Resource limits for ... Special Health Authorities
- Primary Care Trusts
- 228 Public funding of Primary Care Trusts
- 229 Financial duties of Primary Care Trusts
- 230 Resource limits for Primary Care Trusts
- 231 Further provision about the expenditure of Primary Care Trusts
- ...
- 232 Accounts and audit
- Allowances and remuneration
- 233 Allowances for members of certain bodies
- 234 Special arrangement as to payment of remuneration
- 235 Superannuation of officers of certain hospitals
- 236 Payments for certain medical examinations
- Part 12 Public involvement and scrutiny
- Chapter 1 Patients' Forums
- 237 Establishment of Patients' Forums
- 238 Additional functions of PCT Patients' Forums
- 239 Entry and inspection of premises
- 240 Annual reports
- 241 Further provision about Patients' Forums
- Chapter 2 Public involvement and consultation
- 242 Public involvement and consultation
- 242A Strategic Health Authorities: further duty to involve users
- 242B Directions in cases where Strategic Health Authority arranges involvement
- 243 The Commission for Patient and Public Involvement in Health
- Chapter 3 Review and scrutiny by local authorities
- 244 Review and scrutiny by local authorities
- 245 Joint overview and scrutiny committees etc
- 246 Business relating to functions of local authorities by virtue of section 244: exempt information
- 247 Application to the City of London
- 247A Application to certain other local authorities without overview and scrutiny committees
- Part 13 Miscellaneous
- Co-operation in relation to public health functions
- 247B Co-operation in relation to public health functions
- Duty to keep under review
- 247C Secretary of State's duty to keep health service functions under review
- Annual report
- 247D Secretary of State's annual report
- Independent advocacy services
- 248 Independent advocacy services
- Joint working with the prison service
- 249 Joint working with the prison service
- Standing advisory committees
- 250 Secretary of State's standing advisory committees
- The National Information Governance Board for Health and Social Care
- 250A National Information Governance Board: functions
- 250B National Information Governance Board: Wales
- 250C National Information Governance Board: further provisions.
- 250D National Information Governance Board: annual reports
- Patient information
- 251 Control of patient information
- 252 Consultation with the Care Quality Commission
- Emergencies: role of the Secretary of State, NHS England and integrated care boards
- 252A Role of NHS England and integrated care boards in respect of emergencies
- 253 Emergency powers
- Local social services authorities
- 254 Local social service authorities
- Support functions of the Secretary of State
- Supplies by the Secretary of State
- 255 Supplies not readily obtainable
- Community services
- 256 Power of NHS England or an integrated care board to make payments towards expenditure on community services
- 257 Payments in respect of voluntary organisations under section 256
- Universities
- 258 University clinical teaching and research
- Sale of medical practices
- 259 Sale of medical practices
- Price of medical supplies
- 260 Control of maximum price of medical supplies other than health service medicines
- 261 Powers relating to voluntary schemes
- 262 Power to control prices
- 263 Statutory schemes
- 264 Statutory schemes: supplementary
- 264A Provision of information about health service products
- 264B Disclosure of information
- 264C Sections 264A and 264B: supplementary
- 265 Enforcement
- 266 Controls: supplementary
- Use of facilities in private practice
- 267 Permission for use of facilities in private practice
- ...
- 268 Persons displaced by health service development
- Registration of information, etc
- 269 Special notices of births and deaths
- 270 Provision of information by Registrar General
- Part 14 Supplementary
- 271 Territorial limit of exercise of functions
- 271A Services to be treated as services of the Crown for certain purposes
- 272 Orders, regulations, rules and directions
- 273 Further provision about orders and directions under this Act
- 274 Supplementary regulatory powers
- 275 Interpretation
- 275A References to functions: delegation etc
- 276 Index of defined expressions
- 277 Commencement
- 278 Short title, extent and application
- SCHEDULES
- SCHEDULE A1 NHS England
- Status
- Membership
- The chief executive and other executive members: appointment and status
- Non-executive members: tenure
- Suspension of non-executive members
- Payment of non-executive members
- Staff
- Committees
- Trust funds and trustees
- Procedure
- Exercise of functions
- ...
- Accounts
- Annual accounts
- Interim Accounts
- Seal and evidence
- SCHEDULE 1 Further provision about the Secretary of State and services under this Act
- Medical inspection of pupils
- Weighing and measuring of children
- Supply of blood and other human tissues
- Contraceptive services
- Provision of vehicles for disabled persons
- Provision of a microbiological service by the Secretary of State
- Powers in relation to research etc.
- SCHEDULE 1ZA Patient choice: undertakings by integrated care boards
- Introductory
- Procedure
- Variation of terms
- Compliance certificates
- Inaccurate, incomplete or misleading information
- SCHEDULE 1A Clinical commissioning groups
- PART 1 Constitution of clinical commissioning groups
- General
- Governing bodies of clinical commissioning groups
- Supplemental
- PART 2 Further provision about clinical commissioning groups
- Status
- Staff
- Accountable officer
- Remuneration etc for members of governing bodies
- Additional powers in respect of payment of allowances
- ...
- Externally financed development agreements
- Accounts and audits
- Provision of financial information to Board
- Provision of information required by the Secretary of State
- Incidental powers
- Seal and evidence
- PART 3 Transfer schemes
- SCHEDULE 1B Integrated care boards
- PART 1 Constitution of integrated care boards
- Introduction
- Name and area
- Membership: general
- Chair
- Chief executive
- Ordinary members
- Further provision in connection with membership
- Arrangements for discharging functions
- Arrangements for conflicts of interests
- Arrangements for public involvement
- Variation of constitution
- Further provision
- PART 2 Further provision about integrated care boards
- Status
- Staff
- Additional powers in respect of payment of allowances
- Externally financed development agreements
- Accounts and audits
- Incidental powers
- Seal and evidence
- SCHEDULE 2 Strategic Health Authorities
- Corporate status
- Pay and allowances
- Membership of Strategic Health Authorities
- Staff
- Miscellaneous
- SCHEDULE 3 Primary Care Trusts
- Part 1 Constitution and membership
- Status
- Membership
- Staff
- Remuneration, pensions etc of members
- Trust funds and trustees
- Part 2 PCT orders
- Part 3 Powers and duties
- General
- Rights and liabilities
- Powers of Primary Care Trusts to enter into externally financed development agreements
- Research
- Training
- Specific duties
- Compulsory acquisition
- Dissolution
- Part 4 Transfer of property
- Part 5 Transfer of staff
- SCHEDULE 4 NHS trusts established under section 25
- Part 1 Constitution, establishment, etc
- Status
- Board of directors
- Regulations
- Provision to be made by first NHS trust order
- Temporary availability of staff etc.
- Establishment of NHS trust prior to operational date
- Transfer of staff to NHS trusts
- Transfer of property and liabilities to NHS trusts
- ...
- Pay and allowances
- Accounts and audit
- Reports and other information
- Part 2 Powers and duties
- General
- NHS contracts
- Research
- Training
- Joint exercise of functions
- Payment for accommodation or services
- Additional income
- Provision of accommodation and services outside England and Wales
- Conferral of further powers by order
- Powers of NHS trusts to enter into externally financed development agreements
- Agreements under section 92 or 107
- Staff
- Pensions, etc.
- Compulsory acquisition
- Part 3 Dissolution
- Part 4 Miscellaneous
- Use and development of consecrated land and burial grounds
- Instruments etc.
- Interpretation
- SCHEDULE 5 Financial provision about NHS trusts established under section 25
- Originating capital of NHS trusts
- Financial obligations of NHS trusts
- Borrowing
- Guarantees of borrowing
- Limits on indebtedness
- Additional public dividend capital
- Supplementary payments
- Surplus funds
- Investment
- SCHEDULE 6 Special Health Authorities established under section 28
- Corporate status
- Pay and allowances
- Staff
- Miscellaneous
- SCHEDULE 7 Constitution of public benefit corporations
- Requirement for a constitution
- Eligibility for membership
- Constituencies
- Becoming a member
- Council of Governors
- Directors
- Initial directors of former NHS trusts
- Register of members etc
- Auditor
- Accounts
- Annual reports and forward plans
- Annual meeting of members
- Meeting of council of governors to consider annual accounts and reports
- Combined meetings of members and governors
- Instruments etc
- Power to make provision about voting
- SCHEDULE 8 Independent Regulator of NHS foundation Trusts
- Membership
- Tenure of office
- Remuneration and pensions
- Staff
- Superannuation
- Procedure
- Delegation of functions
- General powers
- Specific powers
- Finance
- Reports and other information
- Seal and evidence
- General
- SCHEDULE 8A De-authorised NHS foundation trusts
- Introductory
- Replacement of constitution
- Board of directors
- Name and functions
- Trustees
- Public dividend capital
- Accounts
- Contracts
- Other property
- Membership of bodies corporate
- Directions
- SCHEDULE 9 NHS foundation trusts: transfer of staff
- SCHEDULE 10 Audit of accounts of NHS foundation trusts
- General duty
- Right to documents and information
- Reports
- Referral to NHS England
- Audit of accounts of directors or officers
- Restriction on disclosure of information
- SCHEDULE 10A Intervention powers in relation to the reconfiguration of NHS services
- Definitions
- Duty to notify Secretary of State of reconfiguration proposals
- Power to call-in proposal for reconfiguration
- Power to require consideration of proposals for reconfiguration
- Duties to provide information and other assistance
- Guidance
- SCHEDULE 11 Pilot schemes
- How pilot schemes may be initiated
- Preliminary steps to be taken
- Approval
- Preliminary approval
- Effect of proposals on existing services
- Guidance
- Making a scheme
- SCHEDULE 12 LPS schemes
- Provision of local pharmaceutical services
- Designation of priority neighbourhoods or premises
- Regulations
- SCHEDULE 12A Pharmaceutical remuneration
- Interpretation
- Pharmaceutical remuneration to be apportioned among integrated care boards
- Other pharmaceutical remuneration
- Exercise of functions
- SCHEDULE 13 The Family Health Services Appeal Authority
- ...
- SCHEDULE 14 Further provision about the expenditure of Primary Care Trusts
- Pharmaceutical services expenditure
- Main expenditure
- Interpretation
- SCHEDULE 15 Accounts and audit
- NHS bodies
- Accounts to be kept by NHS bodies
- Preparation of annual accounts
- Auditing of accounts of certain NHS bodies
- Transmission of annual accounts
- Auditing of certain Special Health Authority accounts by Comptroller and Auditor General
- Summarised accounts of NHS bodies other than Special Health Authorities
- Exceptions for accounts of charitable trusts
- Exceptions for accounts of non-charitable trusts
- SCHEDULE 16 The Commission for Patient and Public Involvement in Health
- Status
- Powers
- Membership
- Appointment, procedure etc
- Remuneration and allowances
- Staff
- Delegation of functions
- Assistance
- Payments and loans to the Commission
- Accounts and audit
- Reports and other information
- Application of seal and evidence
- SCHEDULE 17 Exempt information relating to health services
- Part 1 Descriptions of exempt information
- Part 2 Qualifications
- Part 3 Interpretation
- SCHEDULE 18 Section 75 arrangements: transfer of staff
- Application of Schedule
- Orders transferring staff
- Effect of order on contracts of employment
- Effect of order on pension rights
- Divided employments
- SCHEDULE 19 Further provision about standing advisory committees
- SCHEDULE 20 Further provision about local social services authorities
- Care of mothers and young children
- Prevention, care and after-care
- Home help and laundry facilities
- Research
- SCHEDULE 21 Prohibition of sale of medical practices
- Prohibition, and certificate of the Secretary of State
- Certain transactions deemed sale of goodwill
- Consideration
- Carried-over goodwill
- Interpretation
- SCHEDULE 22 Control of maximum prices for medical supplies
- Orders and directions
- Notices, authorisations and proof of documents
- Territorial extent
- False documents and false statements
- Restrictions on disclosing information
- Offences by corporations
- Penalties
- Production of documents
- Penalties for offences: transitional modification for England and Wales