Health and Social Care Act 2012

Type Public General Act
Publication 2012-03-27
Last updated 2025-07-07
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (3) The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.

Reports

12
  • (1) As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year.
  • (2) NICE must—
  • (a) lay a copy of the report before Parliament, and
  • (b) once it has done so, send a copy of it to the Secretary of State.
  • (3) NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE's functions as the Secretary of State may require.
  • (4) In this paragraph and paragraph 14 “financial year” means—
  • (a) the period beginning on the day on which section 232 comes into force and ending on the following 31 March;
  • (b) each successive period of 12 months.

Accounts

13
  • (1) NICE must keep proper accounts and proper records in relation to the accounts.
  • (2) The Secretary of State may, with the approval of the Treasury, give directions to NICE as to—
  • (a) the content and form of its accounts, and
  • (b) the methods and principles to be applied in the preparation of its accounts.
  • (3) In sub-paragraph (2) a reference to accounts includes NICE's annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
14
  • (1) NICE must prepare annual accounts in respect of each financial year.
  • (2) NICE must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
  • (3) The Comptroller and Auditor General must—
  • (a) examine, certify and report on the annual accounts, and
  • (b) lay copies of them and the report before Parliament.
15
  • (1) The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
  • (2) NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
  • (3) The Comptroller and Auditor General must—
  • (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
  • (b) if the Secretary of State so directs—
  • (i) send a copy of the report on the accounts to the Secretary of State, and
  • (ii) lay copies of them and the report before Parliament.

Seal and evidence

16
  • (1) The application of NICE's seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
  • (2) A document purporting to be duly executed under NICE's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Status

17
  • (1) NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
  • (2) NICE's property must not be regarded as property of, or property held on behalf of, the Crown.

SCHEDULE 17

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—

(n) the National Institute for Health and Care Excellence;

.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ National Institute for Health and Care Excellence. ”

Local Government Act 1972 (c. 70)

3

In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—

  • (a) after “agreement with” insert “the National Institute for Health and Care Excellence,”,
  • (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
  • (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

Employment Rights Act 1996 (c. 18)

6
  • (1) The Employment Rights Act 1996 is amended as follows.
  • (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—

(ac) the National Institute for Health and Care Excellence,

.

  • (3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—

(cc) the National Institute for Health and Care Excellence,

.

Data Protection Act 1998 (c. 29)

7

In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—

(fb) the National Institute for Health and Care Excellence,

.

Freedom of Information Act 2000 (c. 36)

8

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

International Development Act 2002 (c. 1)

9

In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert— “ The National Institute for Health and Care Excellence. ”

National Health Service Act 2006 (c. 41)

10
  • (1) The National Health Service Act 2006 is amended as follows.
  • (2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—

(ka) NICE,

.

  • (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—

(da) NICE,

.

  • (4) In section 72 (co-operation between NHS bodies)—
  • (a) the existing text becomes subsection (1), and
  • (b) after that subsection insert—

(2) For the purposes of this section, NICE is an NHS body.

  • (5) In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—

NICE” means the National Institute for Health and Care Excellence;

.

National Health Service (Wales) Act 2006 (c. 42)

11

In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—

(ka) the National Institute for Health and Care Excellence,

.

Health and Social Care Act 2008 (c. 14)

12
  • (1) The Health and Social Care Act 2008 is amended as follows.
  • (2) Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading.
  • (3) In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
  • (a) at the end of paragraph (a) insert “or”, and
  • (b) omit paragraph (c) and the word “or” immediately preceding it.

Health Act 2009 (c. 21)

13

In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—

(da) the National Institute for Health and Care Excellence;

.

Equality Act 2010 (c. 15)

14

In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The National Institute for Health and Care Excellence. ”

SCHEDULE 18

Membership, appointment, etc.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of non-executive office

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension from non-executive office

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration etc. of non-executive members

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and evidence

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—

(o) the Health and Social Care Information Centre.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ Health and Social Care Information Centre. ”

House of Commons Disqualification Act 1975 (c. 24)

3

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

Access to Health Records Act 1990 (c. 23)

5

In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—

(f) the Health and Social Care Information Centre;

.

Employment Rights Act 1996 (c. 18)

6
  • (1) The Employment Rights Act 1996 is amended as follows.
  • (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—

(ad) the Health and Social Care Information Centre,

.

  • (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—

(cd) the Health and Social Care Information Centre,

.

Data Protection Act 1998 (c. 29)

7

In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—

(fc) the Health and Social Care Information Centre,

.

Freedom of Information Act 2000 (c. 36)

8

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

National Health Service Act 2006 (c. 41)

9
  • (1) The National Health Service Act 2006 is amended as follows.
  • (2) In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—

(kb) the Health and Social Care Information Centre,

.

  • (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (da) (inserted by Schedule 17) insert—

(db) the Health and Social Care Information Centre,

.

  • (4) In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this Act) insert—

(3) For the purposes of this section, the Health and Social Care Information Centre is an NHS body.

National Health Service (Wales) Act 2006 (c. 42)

10
  • (1) The National Health Service (Wales) Act 2006 is amended as follows.
  • (2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—

(kb) the Health and Social Care Information Centre,

.

Health and Social Care Act 2008 (c. 14)

11

In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—

  • (a) omit the “or” after paragraph (d), and
  • (b) after paragraph (e) insert

, or (f) the Health and Social Care Information Centre.

Health Act 2009 (c. 21)

12

In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in subsection (2) after paragraph (da) (inserted by Schedule 17) insert—

(db) the Health and Social Care Information Centre;

.

Equality Act 2010 (c. 15)

13

In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The Health and Social Care Information Centre. ”

SCHEDULE 20

PART 1 — The Alcohol Education and Research Council

Consequential amendments

1

Omit the entry for the Alcohol Education and Research Council in each of the following—

  • (a) Schedule 2 to the Parliamentary Commissioner Act 1967, and
  • (b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2

Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.

3

In consequence of the repeal made by section 278(2)—

  • (a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
  • (b) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).

Savings

4
  • (1) Anything which is in the process of being done by the Alcohol Education and Research Council under an enactment immediately before abolition may be continued by the Secretary of State.
  • (2) Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been done by the Council, be done by the Secretary of State after abolition.
  • (3) The Secretary of State must prepare a report on the activities of the Council during the period that begins with the 1 April before abolition and ends with abolition.
  • (4) In this paragraph—
  • abolition” means the commencement of section 278(1);
  • enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

PART 2 — The Appointments Commission

Consequential amendments

5
  • (1) Omit the entry for the Appointments Commission in each of the following—
  • (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
  • (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
  • (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
  • (2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of paragraphs 4 and 5).
6

Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—

  • (a) the Medical Act 1983,
  • (b) the Dentists Act 1984,
  • (c) the Opticians Act 1989,
  • (d) the Osteopaths Act 1993, and
  • (e) the Chiropractors Act 1994.
7

In consequence of the repeal made by section 279(2)—

  • (a) in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit paragraphs 284 to 286,
  • (b) in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the preceding cross-heading),
  • (c) in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and
  • (d) in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading).

Savings

8
  • (1) Anything which is in the process of being done by the Appointments Commission under an enactment immediately before abolition may be continued by the Secretary of State.
  • (2) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph.
  • (3) Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose—
  • (a) the duty under sub-paragraph (2) of that paragraph, in so far as it has not been discharged by the Commission, must be discharged by the Secretary of State, and
  • (b) the duty under sub-paragraph (3)(b) of that paragraph must be discharged by the Secretary of State.
  • (4) Subject to that, anything which the Commission is required to do under an enactment before abolition may, in so far as it has not been done by the Commission, be done by the Secretary of State after abolition.
  • (5) In this paragraph—
  • abolition” means the commencement of section 279(1);
  • enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

PART 3 — The National Information Governance Board for Health and Social Care

Consequential amendments

9
  • (1) Omit the entry for the National Information Governance Board for Health and Social Care in each of the following—
  • (a) Schedule 2 to the Parliamentary Commissioner Act 1967,
  • (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
  • (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
  • (2) In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of those paragraphs).
10
  • (1) In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3), omit paragraph (fa).
  • (2) In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the preceding cross-heading).
11

In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social Care Act 2008.

Savings

12
  • (1) Anything which is in the process of being done by the National Information Governance Board for Health and Social Care under an enactment immediately before abolition may be continued by the Secretary of State.
  • (2) Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose—
  • (a) if abolition is to occur at a time other than immediately after the end of a reporting year within the meaning of that section, the period that begins with the 1 April before abolition and ends with abolition is to be treated as a reporting year for the purposes of that section, and
  • (b) the duty under subsection (1)(a) of that section must be discharged by the Secretary of State.
  • (3) Anything which the Board is required to do under an enactment before abolition may, in so far as it has not been done by the Board, be done by the Secretary of State after abolition.
  • (4) In this paragraph—
  • abolition” means the commencement of section 280(1);
  • enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

SCHEDULE 21

National Health Service (Scotland) Act 1978 (c. 29)

1

The National Health Service (Scotland) Act 1978 is amended as follows.

2
  • (1) Section 17A (NHS contracts) is amended as follows.
  • (2) In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
  • (3) In subsection (2)—
  • (a) after paragraph (c) insert —

(ca) the Scottish Ministers;

,

  • (b) for paragraph (f) substitute—

(f) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;

,

  • (c) for paragraph (ff) substitute—

(fa) Special Health Authorities established under section 28 of the National Health Service Act 2006; (fb) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;

,

  • (d) omit paragraph (h),
  • (e) before paragraph (k) insert—

(ja) the National Health Service Commissioning Board; (jb) clinical commissioning groups established under section 14D of the National Health Service Act 2006;

,

  • (f) in paragraph (k), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”,
  • (g) omit paragraph (ka),
  • (h) after paragraph (m) insert—

(ma) the Welsh Ministers;

,

  • (i) after paragraph (p) omit the “and,”,
  • (j) after paragraph (q) insert—

(r) the National Institute for Health and Care Excellence; and (s) the Health and Social Care Information Centre,

.

  • (4) After subsection (10) insert—

(11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an arrangement or proposed arrangement which— (a) falls within subsection (1); and (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006. (12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting jointly. (13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is a party or prospective party to an arrangement or proposed arrangement which— (a) falls within subsection (1); and (b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006. (14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Secretary of State— (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and (b) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly. (15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which— (a) falls within subsection (1); and (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006. (16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State— (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; (b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and (c) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers. (17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.

3
  • (1) Section 17C (personal medical or dental services) is amended as follows.
  • (2) In subsection (5)—
  • (a) in paragraph (a), for the words from “the Board by” to the end substitute “the Board by a Local Health Board”, and
  • (b) in paragraph (b), for the words from “exercisable by” to “the Authority” substitute “exercisable by a Local Health Board in relation to an agreement made under section 50 of the National Health Service (Wales) Act 2006 to be exercisable on behalf of the Local Health Board”.
  • (3) In subsection (6), for the first definition substitute—

Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

.

  • (4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
4

In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in paragraph (b) of the definition of “NHS employee”—

  • (a) in sub-paragraph (ii) omit “a Primary Care Trust or”,
  • (b) in sub-paragraph (iii)—
  • (i) after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
  • (c) omit the words from “and in this paragraph” to the end.

National Health Service Act 2006 (c. 41)

5

The National Health Service Act 2006 is amended as follows.

6

In section 9 (NHS contracts), in subsection (4)—

  • (a) after paragraph (f) insert—

(fa) a Special Health Board constituted under that section,

, and

  • (b) after paragraph (n) insert—

(na) the Scottish Ministers, (nb) Healthcare Improvement Scotland,

.

7

After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—

(10A) (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed arrangement which— (a) falls within the definition of NHS contract in section 9(1), and (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978. (2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Secretary of State and the Scottish Ministers acting jointly. (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a party or prospective party to an arrangement or proposed arrangement which— (a) falls within the definition of NHS contract in section 9(1), and (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006. (4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State— (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and (b) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers. (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.

8
  • (1) In section 66 (intervention orders), for subsection (1) substitute—

(1) This section applies to— (a) NHS trusts, and (b) Special Health Authorities.

  • (2) Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
  • (3) Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
9
  • (1) Section 67 (effect of intervention orders) is amended as follows.
  • (2) In subsection (1)—
  • (a) in paragraph (a) omit “or Local Health Board, or a member of the board of directors of an NHS trust”, and
  • (b) in paragraph (b)—
  • (i) omit “or Local Health Board,” and
  • (ii) in that paragraph omit “, or an executive director of an NHS trust”.
  • (3) In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of its board of directors)”.
10
  • (1) In section 68 (default powers), for subsection (1) substitute—

(1) This section applies to— (a) NHS trusts established under section 25, and (b) Special Health Authorities.

  • (2) Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
  • (3) Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
11

In section 78 (directed partnership arrangements), in subsection (3)—

  • (a) in paragraph (c) after “NHS trusts” insert “established under section 25”, and
  • (b) omit paragraph (d).

National Health Service (Wales) Act 2006 (c. 42)

12

The National Health Service (Wales) Act 2006 is amended as follows.

13

In section 7 (NHS contracts), in subsection (4)—

  • (a) omit paragraph (a),
  • (b) omit paragraph (b),
  • (c) before paragraph (c) insert—

(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,

,

  • (d) after paragraph (f) insert—

(fa) a Special Health Board constituted under that section,

,

  • (e) omit paragraph (j), and
  • (f) after paragraph (n) insert—

(na) the Scottish Ministers, (nb) Healthcare Improvement Scotland,

.

14

After section 8 insert—

(8A) (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed arrangement which— (a) falls within the definition of NHS contract in section 7(1), and (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978. (2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement with the substitution for references to the Welsh Ministers— (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and (b) for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly. (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which— (a) falls within the definition of NHS contract in section 7(1), and (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006. (4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Welsh Ministers— (a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly, and (b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers. (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.

15

In section 10 (Welsh Ministers' arrangements with other bodies), in subsection (4) omit paragraph (b).

16

In section 13 (exercise of Local Health Board functions), in subsection (3)—

  • (a) omit paragraph (a), and
  • (b) before paragraph (b) insert—

(aa) the National Health Service Commissioning Board, (ab) clinical commissioning groups,

.

17

In section 17 (plans for improving health etc), in subsection (6)—

  • (a) in paragraph (g)—
  • (i) after “between” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
  • (ii) omit “Strategic Health Authorities,”,
  • (iii) omit “Primary Care Trusts,”, and
  • (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and
  • (b) in paragraph (h)—
  • (i) after “provision by” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
  • (ii) omit “Strategic Health Authorities,”,
  • (iii) omit “Primary Care Trusts”, and
  • (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”.
18

In section 22 (special health authorities), omit subsection (6).

19

In section 26 (intervention orders), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.

20

In section 27 (effect of intervention orders), in subsection (1)—

  • (a) omit “Strategic Health Authority,” in each place it occurs, and
  • (b) omit “Primary Care Trust,” in each place it occurs.
21

In section 28 (default powers), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.

22

In section 34 (power of local authorities to make payments), in subsection (1)—

  • (a) after “payments to” insert “the National Health Service Commissioning Board, a clinical commissioning group”,
  • (b) omit “a Strategic Health Authority,”, and
  • (c) omit “a Primary Care Trust”.
23

In section 36 (directed partnership arrangements), in subsection (3)—

  • (a) omit paragraph (a), and
  • (b) omit paragraph (b).
24
  • (1) Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows.
  • (2) In subsection (3)—
  • (a) in paragraph (a) omit “or by a Primary Care Trust”, and
  • (b) in paragraph (b) omit “, a Primary Care Trust”.
  • (3) In subsection (6) omit “, a Primary Care Trust” in each place it occurs.
  • (4) In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
25

In section 39 (conditions of supply under section 38), in subsection (3), omit “Primary Care Trusts,”.

26

In section 41 (duty to provide primary medical services), omit subsection (4).

27
  • (1) Section 51 (persons with whom agreements for provision of primary medical services may be made) is amended as follows.
  • (2) In subsection (1)(g), omit “Primary Care Trust or”.
  • (3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
28

In section 56 (primary dental services), omit subsection (4).

29
  • (1) Section 65 (persons with whom agreements for provision of primary dental services may be made) is amended as follows.
  • (2) In subsection (1)(g), omit “Primary Care Trust or”.
  • (3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
30

In section 106 (provision about regulations under section 105), in subsection (2)—

  • (a) omit paragraph (e), and
  • (b) after paragraph (e) insert—

(f) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by the National Health Service Commissioning Board under or by virtue of the National Health Service Act 2006,

31
  • (1) Section 115 (national disqualification) is amended as follows.
  • (2) In subsection (1)—
  • (a) omit paragraph (e),
  • (b) after that paragraph insert—

(f) the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by the National Health Service Commissioning Board under or by virtue of the National Health Service Act 2006,

  • (c) after “such lists prepared by each Local Health Board” insert “and the National Health Service Commissioning Board”, and
  • (d) omit “and each Primary Care Trust”.
  • (3) In subsection (6)—
  • (a) in paragraph (a)—
  • (i) omit “or Primary Care Trust”, and
  • (ii) before “may include” insert “or the National Health Service Commissioning Board”, and
  • (b) in paragraph (b)—
  • (i) omit “and each Primary Care Trust”, and
  • (ii) after “included” insert “, and the National Health Service Commissioning Board,”.
32

In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be prescribed, to a Primary Care Trust,”.

33

In section 144 (persons and bodies about which provision is made), in subsection (2) for “section 22(6)” substitute “section 206(1)”.

34

In section 161 (transfers of trust property), in subsection (2)(c)—

  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) omit “a Primary Care Trust,”
35
  • (1) Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
  • (2) In subsection (1)—
  • (a) after the first “by” insert “the National Health Service Commissioning Board, a clinical commissioning group,”, and
  • (b) omit “a Primary Care Trust,”.
  • (3) In subsection (3)(a)—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) omit “a Primary Care Trust,”.
36

In section 181 (payment for medical examination before application for admission to hospital under the Mental Health Act), in subsection (2)(b)—

  • (a) omit “a Primary Care Trust,”, and
  • (b) before “NHS trust” insert “an”.
37

In section 197 (university clinical teaching and research), in subsection (2)(a)—

  • (a) after “exercisable by” insert “the National Health Service Commissioning Board,”,
  • (b) after “a” insert “clinical commissioning group,”,
  • (c) omit “a Strategic Health Authority,”, and
  • (d) omit “Primary Care Trust,”.
38
  • (1) In section 206 (interpretation), in subsection (1)—
  • (a) before the definition of “dental practitioner” insert—

clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006,

,

  • (b) after the definition of “modifications” insert—

NHS body” means— (a) a Special Health Authority, (b) an NHS trust, (c) an NHS foundation trust, (d) a Local Health Board, (e) the National Health Service Commissioning Board, and (f) a clinical commissioning group.

  • (c) omit the definition of “Primary Care Trust”, and
  • (d) omit the definition of “Strategic Health Authority”.
  • (2) Until the commencement of section 34 of this Act, the definition of “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006 has effect as if it included a reference to a Primary Care Trust.
39

In Schedule 2 (Local Health Boards), in paragraph 9—

  • (a) omit “Strategic Health Authorities and”,
  • (b) omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and
  • (c) for “that Act” substitute “the National Health Service Act 2006”.
40
  • (1) Schedule 3 (NHS trusts) is amended as follows.
  • (2) In paragraph 5(1)(f) omit “Primary Care Trust,”.
  • (3) In paragraph 6—
  • (a) omit “Strategic Health Authority,” in each place it occurs, and
  • (b) omit “, Primary Care Trust” in each place it occurs.
  • (4) In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.
  • (5) In paragraph 8 omit “, Primary Care Trust” in each place it occurs.
  • (6) In paragraph 9—
  • (a) in sub-paragraph (1)—
  • (i) omit “a Strategic Health Authority,”, and
  • (ii) omit “a Primary Care Trust,”,
  • (b) in sub-paragraph (3)—
  • (i) omit “Strategic Health Authority,”, and
  • (ii) omit “Primary Care Trust,”,
  • (c) in sub-paragraph (6)—
  • (i) omit “a Strategic Health Authority,”, and
  • (ii) omit “a Primary Care Trust,”, and
  • (d) in sub-paragraph (7)—
  • (i) omit “Strategic Health Authority,” in each place it occurs,
  • (ii) omit “or belong to a Primary Care Trust”, and
  • (iii) omit “Primary Care Trust,”.
  • (7) In paragraph 18—
  • (a) omit “Strategic Health Authority,”, and
  • (b) omit “Primary Care Trust,”.
  • (8) In paragraph 30—
  • (a) omit “Strategic Health Authority,”, and
  • (b) omit “Primary Care Trust,”.
41
  • (1) Schedule 5 (Special Health Authorities) is amended as follows.
  • (2) In paragraph 3—
  • (a) in sub-paragraph (8)—
  • (i) omit “or to a Strategic Health Authority”, and
  • (ii) omit “, a Strategic Health Authority”, and
  • (b) in sub-paragraph (12)—
  • (i) in paragraph (a) omit “or of a Strategic Health Authority”, and
  • (ii) in paragraph (b) omit “or by a Strategic Health Authority”.
  • (3) In paragraph 13, for “a Strategic Health Authority” substitute “the National Health Service Commissioning Board”.
42
  • (1) Schedule 10 (further provision about Community Health Councils) is amended as follows.
  • (2) In paragraph 2—
  • (a) omit “, Strategic Health Authorities” in each place it occurs, and
  • (b) omit “, Primary Care Trusts” in each place it occurs.
  • (3) In paragraph 3—
  • (a) omit paragraph (b), and
  • (b) omit paragraph (c).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

43
  • (1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts) is amended as follows.
  • (2) In paragraph (2)—
  • (a) in sub-paragraph (g)—
  • (i) omit paragraph (i),
  • (ii) omit paragraph (ii), and
  • (iii) omit paragraph (iii),
  • (b) after that sub-paragraph insert—

(ga) the National Health Service Commissioning Board; (gb) clinical commissioning groups established under section 14D of the National Health Service Act 2006; (gc) Special Health Authorities established under section 28 of that Act; (gd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006; (ge) Local Health Boards established under section 11 of that Act; (gf) NHS trusts established under section 18 of that Act;

,

  • (c) in sub-paragraph (h) after paragraph (i) insert—

(ia) Special Health Boards;

,

  • (d) after sub-paragraph (h) insert—

(ha) Healthcare Improvement Scotland,

,

  • (e) omit sub-paragraph (i), and
  • (f) before sub-paragraph (j) insert—

(ia) the National Institute for Health and Care Excellence; (ib) the Health and Social Care Information Centre;

.

  • (3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

SCHEDULE 22

SCHEDULE 23

The Secretary of State's duty as to improvement in quality of services

Regulations as to the exercise by local authorities of certain public health functions

Regulations as to the exercise by local authorities of certain public health functions

Clinical commissioning groups: establishment etc.

Approval functions

Functions in relation to biological substances

Notification of commissioners where continuation of services at risk

Co-operation with bodies exercising functions in relation to public health

General duties

Bodies which may apply for foundation trust status

Financial powers etc.

Trust special administrators

Trust special administrators

Trust special administrators

Repeal of provisions on authorisation for NHS foundation trusts

Trust special administrators

Healthwatch England

Healthwatch England

Healthwatch England

Healthwatch England

Scrutiny functions of local authorities

Scrutiny functions of local authorities

Joint strategic needs assessments

Payments in respect of costs of sight tests

Control of entry on pharmaceutical lists

Control of entry on pharmaceutical lists

Lists of performers of pharmaceutical services and assistants etc.

Training etc. of approved mental health professionals in England

General duties

The Alcohol Education and Research Council

Special notices of births and deaths

Provision of information by Registrar General

Provision of information by Registrar General: Wales

Provision of statistical information by Statistics Board

Provision of statistical information by Statistics Board

Transfer schemes

Power to make consequential provision

Regulations, orders and directions

Transfer schemes

Arrangements between the Board and Scottish Ministers etc.

Commencement: consultation with Scottish Ministers

Commencement: consultation with Scottish Ministers

Short title

Short title

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

National Assistance Act 1948 (c. 29)

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

Public Records Act 1958 (c. 51)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Parliamentary Commissioner Act 1967 (c. 13)

Abortion Act 1967 (c. 87)

Leasehold Reform Act 1967 (c. 88)

Health Services and Public Health Act 1968 (c. 46)

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

Local Authority Social Services Act 1970 (c. 42)

Chronically Sick and Disabled Persons Act 1970 (c. 44)

Local Government Act 1972 (c. 70)

Local Government Act 1974 (c. 7)

Health and Safety at Work etc. Act 1974 (c. 37)

House of Commons Disqualification Act 1975 (c. 24)

Acquisition of Land Act 1981 (c. 67)

Mental Health Act 1983 (c. 20)

Public Health (Control of Disease) Act 1984 (c. 22)

Dentists Act 1984 (c. 24)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Dartford-Thurrock Crossing Act 1988 (c. 20)

Health and Medicines Act 1988 (c. 49)

Road Traffic Act 1988 (c. 52)

Children Act 1989 (c. 41)

Local Government and Housing Act 1989 (c. 42)

National Health Service and Community Care Act 1990 (c. 19)

Access to Health Records Act 1990 (c. 23)

London Local Authorities Act 1991 (c. xiii)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Health Service Commissioners Act 1993 (c. 46)

Health Authorities Act 1995 (c. 17)

Employment Rights Act 1996 (c. 18)

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Education Act 1996 (c. 56)

Audit Commission Act 1998 (c. 18)

Data Protection Act 1998 (c. 29)

Crime and Disorder Act 1998 (c. 37)

Health Act 1999 (c. 8)

Greater London Authority Act 1999 (c. 29)

Care Standards Act 2000 (c. 14)

Government Resources and Accounts Act 2000 (c. 20)

Local Government Act 2000 (c. 22)

Regulation of Investigatory Powers Act 2000 (c. 23)

>Freedom of Information Act 2000 (c. 36)

International Development Act 2002 (c. 1)

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Adoption and Children Act 2002 (c. 38)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

Licensing Act 2003 (c. 17)

Sexual Offences Act 2003 (c. 42)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Criminal Justice Act 2003 (c. 44)

Carers (Equal Opportunities) Act 2004 (c. 15)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Children Act 2004 (c. 31)

Civil Contingencies Act 2004 (c. 36)

Mental Capacity Act 2005 (c. 9)

Childcare Act 2006 (c. 21)

Emergency Workers (Obstruction) Act 2006 (c. 39)

National Health Service (Consequential Provisions) Act 2006 (c. 43)

NHS Redress Act 2006 (c. 44)

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Local Government and Public Involvement in Health Act 2007 (c. 28)

Criminal Justice and Immigration Act 2008 (c. 4)

Health and Social Care Act 2008 (c. 14)

Education and Skills Act 2008 (c. 25)

Autism Act 2009 (c. 15)

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

Health Act 2009 (c. 21)

Equality Act 2010 (c. 15)

Child Poverty Act 2010 (c. 9)

Charities Act 2011 (c. 25)

Interpretation

Modification of requirements as to consultation

Directions under section 7 of the 2006 Act

Exercise of Secretary of State's functions in relation to Primary Care Trusts

Conditional establishment of clinical commissioning groups

Exercise of functions of clinical commissioning groups during initial period

Preparatory work by clinical commissioning groups

Arrangements between PCTs and clinical commissioning groups during initial period

Power to make payments to the Board during initial period

Support for clinical commissioning groups during initial period

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

Local Government Act 1972 (c. 70)

Health and Safety at Work etc. Act 1974 (c. 37)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Employment Rights Act 1996 (c. 18)

Freedom of Information Act 2000 (c. 36)

International Development Act 2002 (c. 1)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Scottish Public Services Ombudsman Act 2002 (asp 11)

Civil Contingencies Act 2004 (c. 36)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

National Health Service (Consequential Provisions) Act 2006 (c. 43)

Health and Social Care Act 2008 (c. 14)

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

Membership

The chief executive and other executive members: appointment and status

Non-executive members: tenure

Suspension from office

Payment of non-executive members

Staff

Superannuation

Committees

Procedure

Exercise of functions

Assistance

Borrowing

Acquiring information

General power

Finance

Accounts of NHS foundation trusts

Accounts of Monitor

Reports and other information

Recommendations by Committees in Parliament

Seal and evidence

Status

Procedure

Variation of terms

Compliance certificates

Inaccurate, incomplete or misleading information

Variation of reference

Monitor's opinion of public interest etc.

Publication etc. of reference

Information

Time limits

Reports on references

Changes following report

CMA's power to veto changes

Disclosure etc.

Powers of investigation

Procedure

Non-compliance penalties

Recovery of financial penalties

Payments of penalties etc. into Consolidated Fund

Procedure

Variation of terms

Compliance certificates

Inaccurate, incomplete or misleading information

Contents etc. of reference

Representations by objectors

Functions of CMA in relation to reference

Timetable for determination on reference

Matters to be considered on determination

Production of documents

Oral hearings

Written statements

Defaults in relation to evidence

General provisions relating to evidence

Procedural rules

Costs

Power to modify time limits

General

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Freedom of Information Act 2000 (c. 36)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

Health and Social Care Act 2008 (c. 14)

Health Act 2009 (c. 21)

Equality Act 2010 (c.15)

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Abortion Act 1967 (c. 87)

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

Local Government Act 1972 (c. 70)

House of Commons Disqualification Act 1975 (c. 24)

Acquisition of Land Act 1981 (c. 67)

Mental Health Act 1983 (c. 20)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Health and Medicines Act 1988 (c. 49)

Road Traffic Act 1988 (c. 52)

Access to Health Records Act 1990 (c. 23)

Water Industry Act 1991 (c. 56)

London Local Authorities Act 1991 (c. xiii)

Social Security Contributions and Benefits Act 1992 (c. 4)

Health Service Commissioners Act 1993 (c. 46)

Vehicle Excise and Registration Act 1994 (c. 22)

Value Added Tax Act 1994 (c. 23)

Employment Rights Act 1996 (c. 18)

Audit Commission Act 1998 (c. 18)

Data Protection Act 1998 (c. 29)

Health Act 1999 (c. 8)

Greater London Authority Act 1999 (c. 29)

Care Standards Act 2000 (c. 14)

Freedom of Information Act 2000 (c. 36)

International Development Act 2002 (c. 1)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

Finance Act 2003 (c. 14)

Licensing Act 2003 (c. 17)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Finance Act 2004 (c. 12)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Children Act 2004 (c. 31)

Civil Contingencies Act 2004 (c. 36)

National Health Service (Wales) Act 2006 (c. 42)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Local Government and Public Involvement in Health Act 2007 (c. 28)

Criminal Justice and Immigration Act 2008 (c. 4)

Health and Social Care Act 2008 (c. 14)

Autism Act 2009 (c. 15)

Health Act 2009 (c. 21)

Corporation Tax Act 2010 (c. 4)

Equality Act 2010 (c. 15)

Charities Act 2011 (c. 25)

Amendments to the Care Standards Act 2000 (c. 14)

Amendments to the Health and Social Care Act 2008 (c. 14)

Amendments to other Acts

General

Health Act 1999 (c. 8)

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Other Acts, etc.

Miscellaneous amendments

Amendments to the Health Act 1999 (c. 8)

Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Amendments to the Health Act 2006 (c. 28)

Amendments to the Health and Social Care Act 2008 (c. 14)

Savings

Membership, appointment, etc.

Tenure of non-executive office

Suspension from non-executive office

Remuneration etc. of non-executive members

Staff

Committees

Procedure

Exercise of functions

General powers

Finance

Reports

Accounts

Seal and evidence

Status

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Parliamentary Commissioner Act 1967 (c. 13)

Local Government Act 1972 (c. 70)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Employment Rights Act 1996 (c. 18)

Data Protection Act 1998 (c. 29)

Freedom of Information Act 2000 (c. 36)

International Development Act 2002 (c. 1)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

Health and Social Care Act 2008 (c. 14)

Health Act 2009 (c. 21)

Equality Act 2010 (c. 15)

Membership, appointment, etc.

Tenure of non-executive office

Suspension from non-executive office

Remuneration etc. of non-executive members

Staff

Committees

Procedure

Exercise of functions

General powers

Finance

Reports

Accounts

Seal and evidence

Status

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Access to Health Records Act 1990 (c. 23)

Employment Rights Act 1996 (c. 18)

Data Protection Act 1998 (c. 29)

Freedom of Information Act 2000 (c. 36)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

Health and Social Care Act 2008 (c. 14)

Health Act 2009 (c. 21)

Equality Act 2010 (c. 15)

Consequential amendments

Savings

Consequential amendments

Savings

Consequential amendments

Savings

National Health Service (Scotland) Act 1978 (c. 29)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

Editorial notes

[^c2191271]: S. 13 partly in force: s. 13 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191272]: S. 15 partly in force: s. 15 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191273]: S. 16 partly in force: s. 16 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191274]: S. 18 partly in force; s. 18 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191275]: S. 19 partly in force; s. 19 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191276]: S. 20 partly in force; s. 20 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191277]: S. 21 partly in force; s. 21 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191278]: S. 23 partly in force; s. 23 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191279]: S. 24 partly in force; s. 24 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191280]: S. 25 partly in force; s. 25 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191281]: S. 26 partly in force; s. 26 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191282]: S. 27 partly in force; s. 27 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191283]: S. 28 partly in force; s. 28 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191284]: S. 30 partly in force; s. 30 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191285]: S. 32 partly in force; s. 32 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191286]: S. 36 partly in force; s. 36 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191287]: S. 40 partly in force; s. 40 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191288]: S. 47 partly in force; s. 47 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191290]: S. 49 partly in force; s. 49 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191291]: S. 50 partly in force; s. 50 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191297]: S. 81 partly in force; s. 81 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191298]: S. 83 partly in force; s. 83 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191299]: S. 84 partly in force; s. 84 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191300]: S. 93 partly in force; s. 93 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191301]: S. 94 partly in force; s. 94 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191302]: S. 96 partly in force; s. 96 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191303]: S. 97 partly in force; s. 97 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191304]: S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191305]: S. 100 partly in force; s. 100 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191306]: S. 102 partly in force; s. 102 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191307]: S. 105 partly in force; s. 105 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191308]: S. 106 partly in force; s. 106 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191309]: S. 112 partly in force; s. 112 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191317]: S. 130 partly in force; s. 130 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191318]: S. 131 partly in force; s. 131 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191319]: S. 132 partly in force; s. 132 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191320]: S. 133 partly in force; s. 133 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191321]: S. 134 partly in force; s. 134 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191322]: S. 138 partly in force; s. 138 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191323]: S. 140 partly in force; s. 140 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191325]: S. 145 partly in force; s. 145 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191326]: S. 146 partly in force; s. 146 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191327]: S. 150 partly in force; s. 150 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191328]: S. 154 partly in force; s. 154 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191329]: S. 156 partly in force; s. 156 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191330]: S. 158 partly in force; s. 158 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191401]: S. 162 partly in force; s. 162 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191331]: S. 176 partly in force; s. 176 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191332]: S. 177 partly in force; s. 177 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191333]: S. 181 partly in force; s. 181 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191334]: S. 183 partly in force; s. 183 in force for specified purposes at Royal Assent, see s. 306(1)(d)

[^c2191335]: S. 184 partly in force; s. 184 in force for specified purposes at Royal Assent, see s. 306(1)(d)

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