Health and Care Act 2022
Health and Care Act 2022 (2022 c. 31)
- Health and Care Act 2022 (2022 c. 31)
- PART 1 Health service in England: integration, collaboration and other changes
- NHS England
- 1 NHS Commissioning Board renamed NHS England
- 2 Power to require commissioning of specialised services
- 3 Spending on mental health
- 4 NHS England mandate: general
- 5 NHS England mandate: cancer outcome targets
- 6 Duties as to reducing inequalities
- 7 Duties in respect of research: business plan and annual report etc
- 8 NHS England: wider effect of decisions
- 9 NHS England: duties in relation to climate change etc
- 10 Public involvement: carers and representatives
- 11 Information about inequalities
- 12 Support and assistance by NHS England
- 13 Exercise of functions relating to provision of services
- 14 Preparation of consolidated accounts for providers
- 15 Funding for service integration
- 16 Payments in respect of quality
- 17 Secondments to NHS England
- Integrated care boards
- 18 Role of integrated care boards
- 19 Establishment of integrated care boards
- 20 People for whom integrated care boards have responsibility
- Integrated care boards: functions
- 21 Commissioning hospital and other health services
- 22 Commissioning primary care services etc
- 23 Transfer schemes in connection with transfer of primary care functions
- 24 Commissioning arrangements: conferral of discretions
- 25 General functions
- Integrated care partnerships
- 26 Integrated care partnerships and strategies
- Integrated care system: financial controls
- 27 NHS England’s financial responsibilities
- 28 Expansion of NHS England’s duties in respect of expenditure
- 29 Financial responsibilities of integrated care boards and their partners
- 30 Expansion of financial duties of integrated care boards and their partners
- Integrated care system: reviews and further amendments
- 31 Care Quality Commission reviews etc of integrated care system
- 32 Integrated care system: further amendments
- Merger of NHS bodies etc
- 33 Abolition of Monitor and transfer of functions to NHS England
- 34 Exercise by NHS England of new regulatory functions
- 35 Modification of standard licence conditions
- 36 Abolition of NHS Trust Development Authority
- 37 Merger of bodies: consequential amendment
- 38 Transfer schemes in connection with abolished bodies
- 39 Transfer schemes under section 38: taxation
- Secretary of State's functions
- 40 Duties in respect of research
- 41 Report on assessing and meeting workforce needs
- 42 Arrangements for exercise of public health functions
- 43 Power of direction: public health functions
- 44 Power of direction: investigation functions
- 45 General power to direct NHS England
- 46 Reconfiguration of services: intervention powers
- 47 Review into NHS supply chains
- NHS trusts
- 48 NHS trusts in England
- 49 Removal of power to appoint trust funds and trustees
- 50 Sections 48 and 49: consequential amendments
- 51 Licensing of NHS trusts
- 52 NHS trusts: wider effect of decisions
- 53 NHS trusts: duties in relation to climate change
- 54 Oversight and support of NHS trusts
- 55 Directions to NHS trusts
- 56 Recommendations about restructuring of NHS trusts
- 57 Intervention in NHS trusts
- 58 NHS trusts: conversion to NHS foundation trusts and dissolution
- 59 Appointment of chair of NHS trusts
- 60 Financial objectives for NHS trusts
- NHS foundation trusts
- 61 Licensing of NHS foundation trusts
- 62 Capital spending limits for NHS foundation trusts
- 63 Accounts, reports and forward plans
- 64 NHS foundation trusts: joint exercise of functions
- 65 NHS foundation trusts: mergers, acquisitions and separations
- 66 Transfers on dissolution of NHS foundation trusts
- 67 NHS foundation trusts: wider effect of decisions
- 68 NHS foundation trusts: duties in relation to climate change
- NHS trusts and NHS foundation trusts
- 69 Transfer schemes between trusts
- 70 Trust special administrators
- Joint working and delegation of functions
- 71 Joint working and delegation arrangements
- 72 References to functions: treatment of delegation arrangements etc
- Collaborative working
- 73 Repeal of duties to promote autonomy
- 74 Guidance about joint appointments
- 75 Co-operation by NHS bodies etc
- 76 Wider effect of decisions: licensing of health care providers
- NHS payment scheme
- 77 The NHS payment scheme
- Patient choice and procurement
- 78 Regulations as to patient choice
- 79 Procurement regulations
- 80 Procurement and patient choice: consequential amendments etc
- 81 Eradicating slavery and human trafficking in supply chains
- Competition
- 82 Duty to provide assistance to the CMA
- 83 Mergers of providers: removal of CMA powers
- 84 Removal of functions relating to competition etc
- 85 Removal of CMA’s involvement in licensing etc
- Miscellaneous
- 86 Special Health Authorities: removal of 3 year limit
- 87 Tidying up etc provisions about accounts of certain NHS bodies
- 88 Meaning of “health” in NHS Act 2006
- 89 Repeal of spent powers to make transfer schemes etc
- 90 Abolition of Local Education and Training Boards
- 91 Hospital patients with care and support needs: repeals etc
- PART 2 Health and adult social care: information
- 92 Information about payments etc to persons in the health care sector
- 93 Regulations under section 92: enforcement
- 94 Regulations under section 92: consent
- 95 Information standards
- 96 Sharing anonymous health and social care information
- 97 General duties of the Health and Social Care Information Centre etc
- 98 Collection of information from private health care providers
- 99 Collection of information about adult social care
- 100 Enforcement of duties against private providers
- 101 Medicine information systems
- PART 3 Secretary of State's powers to transfer or delegate functions
- 102 Relevant bodies and Special Health Authorities
- 103 Power to transfer functions between bodies
- 104 Power to provide for exercise of functions of Secretary of State
- 105 Scope of powers
- 106 Transfer schemes in connection with regulations
- 107 Transfer schemes: taxation
- 108 Consent and consultation
- PART 4 The Health Services Safety Investigations Body
- Introductory
- 109 Establishment of the HSSIB
- Investigations
- 110 Investigation of incidents with safety implications
- 111 Deciding which incidents to investigate
- 112 Criteria, principles and processes
- Reports
- 113 Final reports
- 114 Interim reports
- 115 Draft reports
- 116 Response to reports
- 117 Admissibility of reports
- Investigatory powers etc
- 118 Powers of entry, inspection and seizure
- 119 Powers to require information etc
- 120 Voluntary provision of information etc
- 121 Offences relating to investigations
- Protection of material held by the HSSIB
- 122 Prohibition on disclosure of HSSIB material
- 123 Exceptions to prohibition on disclosure
- 124 Offences of unlawful disclosure
- 125 Restriction of statutory powers requiring disclosure
- Relationship with other bodies
- 126 Co-operation
- 127 Assistance of NHS bodies
- 128 Investigations relating to Wales and Northern Ireland
- Oversight of functions
- 129 Failure to exercise functions
- 130 Review
- Offences: supplementary
- 131 Offences by bodies corporate
- 132 Offences by partnerships
- Supplementary
- 133 Obligations of confidence etc
- 134 Consequential amendments relating to Part 4
- 135 Interpretation of Part 4
- PART 5 Virginity testing and hymenoplasty offences
- CHAPTER 1 Virginity testing offences
- Virginity testing offences: England and Wales
- 136 Offence of virginity testing: England and Wales
- 137 Offence of offering to carry out virginity testing: England and Wales
- 138 Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales
- 139 Virginity testing offences in England and Wales: penalties
- Virginity testing offences: Scotland
- 140 Offence of virginity testing: Scotland
- 141 Offence of offering to carry out virginity testing: Scotland
- 142 Offence of aiding or abetting etc a person to carry out virginity testing: Scotland
- 143 Virginity testing offences in Scotland: penalties and supplementary
- Virginity testing offences: Northern Ireland
- 144 Offence of virginity testing: Northern Ireland
- 145 Offence of offering to carry out virginity testing: Northern Ireland
- 146 Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland
- 147 Virginity testing offences in Northern Ireland: penalties
- CHAPTER 2 Hymenoplasty offences
- Hymenoplasty offences: England and Wales
- 148 Offence of carrying out hymenoplasty: England and Wales
- 149 Offence of offering to carry out hymenoplasty: England and Wales
- 150 Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
- 151 Hymenoplasty offences in England and Wales: penalties
- Hymenoplasty offences: Scotland
- 152 Offence of carrying out hymenoplasty: Scotland
- 153 Offence of offering to carry out hymenoplasty: Scotland
- 154 Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland
- 155 Hymenoplasty offences in Scotland: penalties and supplementary
- Hymenoplasty offences: Northern Ireland
- 156 Offence of carrying out hymenoplasty: Northern Ireland
- 157 Offence of offering to carry out hymenoplasty: Northern Ireland
- 158 Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland
- 159 Hymenoplasty offences in Northern Ireland: penalties
- CHAPTER 3 Consequential amendments
- 160 Consequential amendments relating to Part 5
- PART 6 Miscellaneous
- Pharmaceutical services
- 161 Pharmaceutical services: remuneration in respect of vaccines etc
- International healthcare
- 162 International healthcare arrangements
- Social care
- 163 Regulation of local authority functions relating to adult social care
- 164 Default powers of Secretary of State in relation to adult social care
- 165 Care Quality Commission’s powers in relation to local authority failings
- 166 Cap on care costs for charging purposes
- Social care: regulation and financial assistance
- 167 Provision of social care services: financial assistance
- Professional regulation
- 168 Regulation of health care and associated professions
- Medical examiners
- 169 Medical examiners
- Organ trafficking
- 170 Commercial dealings in organs for transplantation: extra-territorial offences
- Human fertilisation and embryology
- 171 Storage of gametes and embryos
- Food and drink
- 172 Advertising of less healthy food and drink
- 173 Hospital food standards
- 174 Food information for consumers: power to amend retained EU law
- Fluoridation of water supplies
- 175 Fluoridation of water supplies
- 176 Fluoridation of water supplies: transitional provision
- Disputes about treatment of critically ill children
- 177 Review into disputes relating to treatment of critically ill children
- Termination of pregnancy
- 178 Early medical termination of pregnancy
- Child safeguarding: information sharing
- 179 Child safeguarding etc in health and care: policy about information sharing
- Cosmetic procedures
- 180 Licensing of cosmetic procedures
- Disability and autism training
- 181 Mandatory training on learning disability and autism
- PART 7 General
- 182 Power to make consequential provision
- 183 Regulations
- 184 Financial provision
- 185 Extent
- 186 Commencement
- 187 Short title
- SCHEDULES
- SCHEDULE 1 Renaming of NHS Commissioning Board
- General
- House of Commons Disqualification Act 1975
- Access to Health Records Act 1990
- Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Rights Act 1996
- National Health Service Act 2006
- Corporation Tax Act 2010
- Equality Act 2010
- Health and Social Care Act 2012
- Local Audit and Accountability Act 2014
- Social Services and Well-being (Wales) Act 2014 (anaw 4)
- Housing (Wales) Act 2014 (anaw 7)
- Cities and Local Government Devolution Act 2016
- Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
- Domestic Abuse Act 2021
- SCHEDULE 2 Integrated care boards: constitution etc
- SCHEDULE 3 Conferral of primary care functions on integrated care boards etc
- PART 1 Conferral of functions etc
- Preliminary
- Power to require NHS England to continue to exercise certain primary care functions
- Medical services
- Dental services
- Ophthalmic services
- Pharmaceutical services
- PART 2 Consequential amendments
- Dentists Act 1984
- Access to Health Records Act 1990
- Trade Union and Labour Relations (Consolidation) Act 1992
- Health Service Commissioners Act 1993
- Freedom of Information Act 2000
- Health and Social Care (Community Health and Standards) Act 2003
- Health Act 2006
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- Health Act 2009
- Domestic Abuse Act 2021
- SCHEDULE 4 Integrated care system: minor and consequential amendments
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
- Public Records Act 1958
- Public Bodies (Admission to Meetings) Act 1960
- Leasehold Reform Act 1967
- Parliamentary Commissioner Act 1967
- Health Services and Public Health Act 1968
- Employers’ Liability (Compulsory Insurance) Act 1969
- Local Authority Social Services Act 1970
- Local Government Act 1972
- Health and Safety at Work etc. Act 1974
- National Health Service (Scotland) Act 1978
- Mental Health Act 1983
- Acquisition of Land Act 1981
- Disabled Persons (Services, Consultation and Representation) Act 1986
- Copyright, Designs and Patents Act 1988
- Children Act 1989
- National Health Service and Community Care Act 1990
- London Local Authorities Act 1991
- Health Service Commissioners Act 1993
- Value Added Tax Act 1994
- Education Act 1996
- Employment Rights Act 1996
- Housing Grants, Construction and Regeneration Act 1996
- Crime and Disorder Act 1998
- Greater London Authority Act 1999
- Health Act 1999
- Freedom of Information Act 2000
- Local Government Act 2000
- Adoption and Children Act 2002
- International Development Act 2002
- Nationality, Immigration and Asylum Act 2002
- Criminal Justice Act 2003
- Finance Act 2003
- Health and Social Care (Community Health and Standards) Act 2003
- Children Act 2004
- Civil Contingencies Act 2004
- Domestic Violence, Crime and Victims Act 2004
- Mental Capacity Act 2005
- Armed Forces Act 2006
- Childcare Act 2006
- Emergency Workers (Obstruction) Act 2006
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- NHS Redress Act 2006
- Safeguarding Vulnerable Groups Act 2006
- Corporate Manslaughter and Corporate Homicide Act 2007
- Local Government and Public Involvement in Health Act 2007
- Statistics and Registration Service Act 2007
- Education and Skills Act 2008
- Health and Social Care Act 2008
- Autism Act 2009
- Health Act 2009
- Corporation Tax Act 2010
- Equality Act 2010
- Charities Act 2011
- Health and Social Care Act 2012
- Anti-social Behaviour, Crime and Policing Act 2014
- Care Act 2014
- Children and Families Act 2014
- Immigration Act 2014
- Local Audit and Accountability Act 2014
- Social Services and Well-being (Wales) Act 2014 (anaw 4)
- Housing (Wales) Act 2014 (anaw 7)
- Counter-Terrorism and Security Act 2015
- Cities and Local Government Devolution Act 2016
- Data Protection Act 2018
- Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
- Network and Information Systems Regulations 2018 (S.I. 2018/506)
- NHS Funding Act 2020
- Domestic Abuse Act 2021
- Police, Crime, Sentencing and Courts Act 2022
- SCHEDULE 5 Abolition of Monitor and transfer of its functions
- General
- Public Bodies (Admission to Meetings) Act 1960
- Parliamentary Commissioner Act 1967
- Superannuation Act 1972
- House of Commons Disqualification Act 1975
- Northern Ireland Assembly Disqualification Act 1975
- Employment Rights Act 1996
- Freedom of Information Act 2000
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- Health and Social Care Act 2008
- Health Act 2009
- Equality Act 2010
- Health and Social Care Act 2012
- Local Audit and Accountability Act 2014
- Mental Health Units (Use of Force) Act 2018
- Domestic Abuse Act 2021
- SCHEDULE 6 Intervention powers over the reconfiguration of NHS services
- SCHEDULE 7 NHS trusts in England and removal of power to appoint trustees: consequential amendments
- Value Added Tax Act 1994
- Finance Act 2003
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- Health and Social Care Act 2012
- Finance Act 2012
- Local Audit and Accountability Act 2014
- Finance Act 2015
- NHS (Charitable Trusts Etc) Act 2016
- SCHEDULE 8 Trust special administrators: NHS trusts and NHS foundation trusts
- PART 1 Amendments about trust special administrators
- PART 2 Consequential amendments
- National Health Service Act 2006
- Health and Social Care Act 2008
- SCHEDULE 9 References to functions: treatment of delegation arrangements etc
- Local Government Act 1974
- Children Act 1989
- National Health Service and Community Care Act 1990
- Adoption and Children Act 2002
- Health and Social Care (Community Health and Standards) Act 2003
- National Health Service Act 2006
- Local Government and Public Involvement in Health Act 2007
- Health and Social Care Act 2008
- Health and Social Care Act 2012
- SCHEDULE 10 The NHS payment scheme
- SCHEDULE 11 Patient choice: undertakings by integrated care boards
- SCHEDULE 12 Removal of functions relating to competition etc
- Company Directors Disqualification Act 1986
- Competition Act 1998
- Enterprise Act 2002
- Health and Social Care Act 2012
- Enterprise and Regulatory Reform Act 2013
- Care Act 2014
- SCHEDULE 13 The Health Services Safety Investigations Body
- PART 1 Constitution
- Status
- Membership
- The Chief Investigator: appointment and status
- Other executive members: appointment and status
- Non-executive members: tenure
- Non-executive members: suspension from office
- Non-executive members: payment
- Staff
- Procedure
- Committees
- Exercise of functions
- Assistance in exercise of functions
- Funding
- Supplementary powers
- Use of income from charges
- Losses and liabilities etc
- Accounts
- Reports and other information
- Seal and signature
- PART 2 Transfer schemes
- SCHEDULE 14 Prohibition on disclosure of HSSIB material: exceptions
- Disclosures for purposes of investigations
- Disclosures relating to prosecution or investigation of offences
- Disclosures relating to safety risks
- Disclosure by order of the High Court
- Exercise of Chief Investigator’s functions
- Guidance
- SCHEDULE 15 Consequential amendments relating to Part 4
- Public Records Act 1958 (c. 51)
- Public Bodies (Admission to Meetings) Act 1960 (c. 67)
- Parliamentary Commissioner Act 1967 (c. 13)
- House of Commons Disqualification Act 1975 (c. 24)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Employment Rights Act 1996 (c. 18)
- Freedom of Information Act 2000 (c. 36)
- National Health Service Act 2006 (c. 41)
- Health Act 2009 (c. 21)
- Equality Act 2010 (c. 15)
- SCHEDULE 16 Virginity testing and hymenoplasty: consequential amendments
- Police and Criminal Evidence Act 1984
- Police and Criminal Evidence (Northern Ireland) Order 1989
- Criminal Justice and Public Order Act 1994
- Criminal Procedure (Scotland) Act 1995
- Crime and Disorder Act 1998
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)
- Modern Slavery Act 2015
- SCHEDULE 17 Storage of gametes and embryos
- PART 1 Amendments to Human Fertilisation and Embryology Act 1990
- Introductory
- Maximum storage periods
- Disposal of material
- Consent to storage
- PART 2 Transitional provision
- Interpretation
- Application of Part 1 to material already in storage
- Date of first storage
- Storage periods specified in pre-commencement storage licences
- Storage after expiry of pre-commencement consent
- Storage with no effective consent prior to commencement
- Time for first renewal of consent
- Renewals falling due in the transitional period
- SCHEDULE 18 Advertising of less healthy food and drink
- PART 1 Programme services: watershed
- Television programme services
- On-demand programme services
- PART 2 Online services: prohibition
- PART 3 Consequential amendments
- SCHEDULE 19 Licensing of cosmetic procedures
- Introduction
- Grant of licence
- Licence conditions
- Duration of licence etc
- Reviews and appeals
- Offences
- Financial penalties
- Enforcement
- Fees
- Guidance
- Interpretation
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