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HEALTH ACT 2009

UK Public General Acts

Version 06/04/2015

2009 CHAPTER 21

Default Geographical Extent: E+W+S+N.I.


  • Part 1 (E+W). Quality and delivery of [F1 health services] in England
    • Chapter 1 (E+W). NHS Constitution
    • Chapter 2 (E+W). Quality accounts
    • Chapter 3 (E+W). Direct payments
    • Chapter 4 (E+W). Innovation (P)
  • Part 2. Powers in relation to health bodies
    • Chapter 1 (E+W). Powers in relation to failing NHS bodies in England
      • De-authorisation of NHS foundation trusts (E+W)
      • Trust special administrators (E+W)
      • Consequential amendments (E+W)
    • Chapter 2. Suspension
  • Part 3. Miscellaneous
    • Tobacco
    • Pharmaceutical services in England (E+W)
    • Pharmaceutical services in Wales (E+W) (P)
    • Private patient income (E+W)
    • Optical appliances (E+W)
    • Adult social care (E+W)
    • Disclosure of information
  • Part 4. General
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  • Version 12/11/2009

Introductory Text

Health Act 2009

2009 CHAPTER 21

An Act to make provision about The NHS Constitution; to make provision about health care (including provision about the National Health Service and health bodies); to make provision for the control of the promotion and sale of tobacco products; to make provision about the investigation of complaints about privately arranged or funded adult social care; and for connected purposes.

[12th November 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 (E+W)
Quality and delivery of [F1 health services] in England



Annotations:

Amendments (Textual)

F1 Words in Pt. 1 heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)


Chapter 1 (E+W)
NHS Constitution



1 NHS Constitution (E+W)

(1) In this Chapter the “NHS Constitution” means—

(a) the document entitled “The NHS Constitution” published by the Secretary of State on 21 January 2009, or
(b) any revised version of that document published under section 3 or 4.
(2) In this Chapter the “Handbook” means—

(a) the document entitled “The Handbook to the NHS Constitution” published by the Secretary of State on 21 January 2009, or
(b) any revised version of that document published under section 5.
Annotations:

Commencement Information

I1 S. 1 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


2 Duty to have regard to NHS Constitution (E+W)

(1) Each of the bodies listed in subsection (2) must, in performing its [F2 health service functions] , have regard to the NHS Constitution.

F3 (2) The bodies are—

F4 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3 (ca) the National Health Service Commissioning Board;
(cb) clinical commissioning groups;
(cc) local authorities (within the meaning of section 2B of the National Health Service Act 2006) ;]
(c) National Health Service trusts;
(d) Special Health Authorities;
[F6 (da) the National Institute for Health and Care Excellence;]
[F7 (db) the Health and Social Care Information Centre;]
(e) NHS foundation trusts;
[F8 (f) Monitor;]
(g) the Care Quality Commission.
[F9 (h) Health Education England.]
(3) In subsection (1) [F10 a “health service function”] means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of [F11 health services] .

(4) Each person who—

[F12 (za) provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,]
(a) provides [F13 health services] under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6) , F14 ...
(b) provides or assists in providing [F13 health services] under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41) , [F15 or
(c) provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.]
must, in doing so, have regard to the NHS Constitution.
(5) Each person who—

(a) in pursuance of a contract, agreement or arrangements as mentioned in [F16 subsection (4) (za) , (a) , (b) or (c) ] , makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing [F17 health services] , or
(b) provides or assists in providing [F17 health services] under sub-contracting arrangements,
must, in doing so, have regard to the NHS Constitution.
(6) The enactments referred to in subsection (4) (a) are the following provisions of the National Health Service Act 2006—

(a) section 83(2) (b) (arrangements made by PCTs for provision of primary medical services) ;
(b) section 84(1) (general medical services contracts) ;
(c) section 92 (other arrangements for the provision of primary medical services) ;
(d) section 100(1) (general dental services contracts) ;
(e) section 107(1) (other arrangements for the provision of primary dental services) ;
(f) section 117(1) (general ophthalmic services contracts) ;
(g) section 126(1) (pharmaceutical services) ;
(h) section 127(1) (additional pharmaceutical services) ;
(i) Schedule 12 (local pharmaceutical services schemes).
(7) In this Chapter “[F18 health services] ” means health services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006.

(8) References in this section to the provision of services include references to the provision of services jointly with another person.

Annotations:

Amendments (Textual)

F2 Words in s. 2(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 2(2)(ca)-(cc) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(c); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 2(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 S. 2(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 S. 2(2)(da) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 13; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 S. 2(2)(db) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 19 para. 12; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 S. 2(2)(f) substituted (1.7.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 18; S.I. 2012/1319, art. 2(3)

F9 S. 2(2)(h) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 99(3), 127; S.I. 2014/3186, art. 2(b)

F10 Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12 S. 2(4)(za) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13 Words in s. 2(4)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14 Word in s. 2(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15 S. 2(4)(c) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16 Words in s. 2(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(6); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 Words in s. 2(5)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18 Words in s. 2(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I2 S. 2 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


3 Availability and review of NHS Constitution (E+W)

(1) The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.

(2) At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).

(3) The following must be consulted about the NHS Constitution on a 10 year review—

(a) patients and bodies or other persons representing patients,
(b) staff and bodies or other persons representing staff,
(c) carers,
F19 (d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) members of the public,
(f) the bodies and persons listed in section 2(2) , (4) and (5) , and
(g) such other persons as the Secretary of State considers appropriate.
(4) The first 10 year review must be completed not later than 5 July 2018.

(5) The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(6) The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.

(7) In this Chapter— “carers” means persons who, as relatives or friends, care for other persons to whom [F20 health services] are being provided; “the guiding principles” means— (a) the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or (b) any revised version of those principles set out in the NHS Constitution published under this section or section 4; “patients” means persons to whom [F20 health services] are being provided; “staff” means— (a) persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of [F20 health services] ; (b) persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of [F20 health services] or assistance or the making of arrangements as mentioned in the subsection in question.

F21 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F19 S. 3(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20 Words in s. 3(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F21 S. 3(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 176(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I3 S. 3 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


4 Other revisions of NHS Constitution (E+W)

(1) This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).

(2) Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.

(3) The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.

(4) The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(5) The Secretary of State must publish the NHS Constitution after any revision.

Annotations:

Commencement Information

I4 S. 4 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


5 Availability, review and revision of Handbook (E+W)

(1) The Secretary of State must ensure that the Handbook continues to be available to patients, staff and members of the public.

(2) At least once in any period of 3 years the Secretary of State must carry out a review of the Handbook.

(3) The first review must be completed not later than 5 July 2012.

(4) The Secretary of State must publish the Handbook after any revision (whether made as a result of a review under this section or otherwise).

Annotations:

Commencement Information

I5 S. 5 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


6 Report on effect of NHS Constitution (E+W)

(1) The Secretary of State must publish a report every 3 years on how the NHS Constitution has affected patients, staff, carers and members of the public, since the last report was produced under this subsection.

(2) The first report must be published not later than 5 July 2012.

(3) The Secretary of State must lay before Parliament a copy of each report under subsection (1).

Annotations:

Commencement Information

I6 S. 6 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


7 Regulations under section 3 or 4 (E+W)

(1) The power to make regulations under section 3 or 4 is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Commencement Information

I7 S. 7 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)


Chapter 2 (E+W)
Quality accounts



8 Duty of providers to publish information (E+W)

(1) Each of the bodies listed in subsection (2) must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of—

(a) any [F22 relevant health services] that the body provides;
(b) any [F22 relevant health services] that, under arrangements made by the body, are provided by a person not listed in subsection (2) or (3) ;
(c) any services that are provided in England and for the provision of which the body provides assistance or support under section 124(1) of the National Health Service Act 2006 (c. 41) (primary ophthalmic services).
(2) The bodies are—

F23 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) National Health Service trusts all or most of whose hospitals, establishments and facilities are in England;
(c) Special Health Authorities;
(d) NHS foundation trusts.
(3) Each person who—

[F24 (a) provides health services as mentioned in section 2(4) (za) or (a) , or
(b) in pursuance of a contract, agreement or arrangements as mentioned in section 2(4) (za) or (a) , makes arrangements for another person to provide health services,]
must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of those services.
(4) References in this section to the provision of services include references to the provision of services jointly with another person.

(5) The Secretary of State may by regulations provide that subsection (1) or (3) does not apply to prescribed bodies, persons or services, or to bodies, persons or services of a prescribed description.

[F25 (6) In this section— “ health services ” has the same meaning as in Chapter 1; “ relevant health services ” means health services the provision of which is arranged by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006 or under or by virtue of Parts 4 to 7 of that Act. ]

Annotations:

Amendments (Textual)

F22 Words in s. 8(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 177(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F23 S. 8(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 177(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F24 S. 8(3)(a)(b) substituted for s. 8(3)(a)-(c) (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 177(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F25 S. 8(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 177(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 8(1) excluded (1.4.2010) by The National Health Service (Quality Accounts) Regulations 2010 (S.I. 2010/279), regs. 1(1), 2(1), 3(1)

C2 S. 8(3) excluded (1.4.2010) by The National Health Service (Quality Accounts) Regulations 2010 (S.I. 2010/279), regs. 1(1), 2(1), 3(1)

Commencement Information

I8 S. 8 partly in force; s. 8 in force for specified purposes at Royal Assent see s. 40(6)(a)

I9 S. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/30, art. 4


9 Supplementary provision about the duty (E+W)

(1) In this section “the provider” means the body or person required to publish a document under section 8.

(2) For the purposes of that section a reporting period is—

(a) the period of 12 months beginning with 1 April 2009, and
(b) each subsequent period of 12 months.
(3) If the Care Quality Commission or a [F26 Monitor] notifies the provider of an error or omission in a document published under that section, the provider must within 21 days of the notification republish the document correcting the error or omission and including a statement explaining the correction.

(4) A copy of any document published under that section must be sent by the provider to the Secretary of State in any form specified by the Secretary of State for the purpose of enabling the Secretary of State to make the document available to the public.

(5) Regulations under subsection (1) or (3) of section 8 may in particular make provision—

(a) as to the form of a document published under that section and its contents in addition to the prescribed information;
(b) imposing duties on the provider for the purpose of ensuring the accuracy of information;
(c) as to how and when a document must be published and when a copy must be sent under subsection (4) ;
(d) requiring the provider to have regard to guidance issued by the Secretary of State.
(6) The provider must at the request of any person provide to that person a copy of any document published by the provider under section 8 relating to a reporting period ending not more than 2 years before the request.

(7) While subsection (1) or (3) of section 8 applies to the provider, the provider must keep affixed, in a conspicuous place at each of the premises at which the provider provides services to which that subsection applies, a notice stating how the most recent document published by the provider under that section may be obtained.

(8) Subsection (7) does not apply if—

(a) the provider does not have control of the premises, or
(b) the services are provided by means such that the persons receiving them do not do so at the premises.
(9) In subsection (7) “premises” includes a vehicle or moveable structure.

Annotations:

Amendments (Textual)

F26 Word in s. 9(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 178; S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I10 S. 9 partly in force; s. 9(5) in force for specified purposes at Royal Assent see s. 40(6)(a)

I11 S. 9 in force at 1.4.2010 in so far as not already in force by S.I. 2010/30, art. 4


10 Regulations under section 8 (E+W)

(1) The power to make regulations under section 8 is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under section 8 is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The power to make regulations under section 8—

(a) may be exercised so as to make the full provision to which the power extends or any less provision (whether by way of exception or otherwise) ;
(b) may be exercised so as to make the same provision for all cases in relation to which the power is exercised, or different provision for different cases;
(c) may be exercised so as to make any such provision unconditionally or subject to any specified condition.
Annotations:

Commencement Information

I12 S. 10 partly in force; s. 10 in force for specified purposes at Royal Assent see s. 40(6)(a)

I13 S. 10 in force at 1.4.2010 in so far as not already in force by S.I. 2010/30, art. 4


Chapter 3 (E+W)
Direct payments