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HEALTH AND SOCIAL CARE ACT 2012

UK Public General Acts

Version 27/03/2012

2012 CHAPTER 7

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


  • PART 1. The health service in England (P)
    • The health service: overview (E+W)
    • Arrangements for provision of health services (E+W)
    • Further provision about the Board (E+W)
    • Further provision about clinical commissioning groups (E+W)
    • Further provision about local authorities' role in the health service (E+W)
    • Abolition of Strategic Health Authorities and Primary Care Trusts (E+W)
    • Functions relating to fluoridation of water (E+W)
    • Functions relating to mental health matters (E+W)
    • Emergency powers
    • Miscellaneous (E+W)
  • PART 2. Further provision about public health (P)
  • PART 3. Regulation of health and adult social care services (P)
    • CHAPTER 1 (E+W). Monitor
    • CHAPTER 2 (E+W). Competition
    • CHAPTER 3 (E+W). Licensing
      • Licensing requirement (E+W)
      • Licensing procedure (E+W)
      • Licence conditions (E+W)
      • Enforcement (E+W)
      • Transitional provision (E+W)
    • CHAPTER 4 (E+W). Pricing
    • CHAPTER 5 (E+W+S). Health special administration
    • CHAPTER 6 (E+W). Financial assistance in special administration cases
      • Establishment of mechanisms (E+W)
      • Applications for financial assistance (E+W)
      • Charges on commissioners (E+W)
      • Levy on providers (E+W)
      • Supplementary (E+W)
    • CHAPTER 7. Miscellaneous and general
  • PART 4 (E+W). NHS foundation trusts & NHS trusts (P)
    • Governance and management (E+W)
    • Foundation trust status (E+W)
    • Finance (E+W)
    • Functions (E+W)
    • Mergers, acquisitions, separations and dissolution (E+W)
    • Failure (E+W)
    • Abolition of NHS trusts (E+W)
  • PART 5 (E+W). Public involvement and local government (P)
    • CHAPTER 1 (E+W). Public involvement
      • Healthwatch England (E+W)
      • Local Healthwatch organisations (E+W)
    • CHAPTER 2 (E+W). Local government
      • Scrutiny functions of local authorities (E+W)
      • Joint strategic needs assessments and strategies (E+W)
      • Health and Wellbeing Boards: establishment (E+W)
      • Health and Wellbeing Boards: functions (E+W)
      • Health and Wellbeing Boards: supplementary (E+W)
      • Care Trusts (E+W)
    • CHAPTER 3 (E+W). The Health Service Commissioner for England
  • PART 6 (E+W). Primary care services (P)
  • PART 7. Regulation of health and social care workers
    • Orders under section 60 of the Health Act 1999 (E+W) (P)
    • The General Social Care Council (E+W) (P)
    • The Health and Care Professions Council
    • Role of the Secretary of State (E+W)
    • The Professional Standards Authority for Health and Social Care (P)
    • Consequential provision etc. (P)
    • The Office of the Health Professions Adjudicator (P)
  • PART 8 (E+W). The National Institute for Health and Care Excellence (P)
    • Establishment and general duties (E+W)
    • Functions: quality standards (E+W)
    • Functions: advice, guidance etc. (E+W)
    • Functions: other (E+W)
    • Supplementary (E+W)
  • PART 9 (E+W). Health and adult social care services: information (P)
    • CHAPTER 1 (E+W). Information standards
    • CHAPTER 2 (E+W). The Health and Social Care Information Centre
      • Establishment and general duties (E+W)
      • Functions: information systems (E+W)
      • Functions: quality of health and social care information (E+W)
      • Functions: other (E+W)
      • General and supplementary (E+W)
  • PART 10. Abolition of certain public bodies etc (P)
  • PART 11. Miscellaneous (P)
    • Information relating to births and deaths etc. (E+W)
    • Duties to co-operate (E+W)
    • The Care Quality Commission (E+W)
    • Arrangements with devolved authorities etc. (E+W)
    • Supervised community treatment under the Mental Health Act 1983 (E+W)
    • Transfer schemes
  • PART 12. Final provisions
  • Version 27/03/2012

Introductory Text

Health and Social Care Act 2012

2012 CHAPTER 7

An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.

[27th March 2012]

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
The health service in England (PROSPECTIVE)



The health service: overview (E+W)


1 Secretary of State's duty to promote comprehensive health service (E+W)

For section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute—

“1 Secretary of State's duty to promote comprehensive health service
(1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement—
(a) in the physical and mental health of the people of England, and
(b) in the prevention, diagnosis and treatment of physical and mental illness.
(2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act.
(3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service in England.
(4) The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.”

2 The Secretary of State's duty as to improvement in quality of services (E+W)

After section 1 of the National Health Service Act 2006 insert—

“1A Duty as to improvement in quality of services
(1) The Secretary of State must exercise the functions of the Secretary of State in relation to the health service with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—
(a) the prevention, diagnosis or treatment of illness, or
(b) the protection or improvement of public health.
(2) In discharging the duty under subsection (1) the Secretary of State must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
(3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
(a) the effectiveness of the services,
(b) the safety of the services, and
(c) the quality of the experience undergone by patients.
(4) In discharging the duty under subsection (1) , the Secretary of State must have regard to the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.”

3 The Secretary of State's duty as to the NHS Constitution (E+W)

After section 1A of the National Health Service Act 2006 insert—

“1B Duty as to the NHS Constitution
(1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution.
(2) In this Act, “ NHS Constitution ” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act).”

4 The Secretary of State's duty as to reducing inequalities (E+W)

After section 1B of the National Health Service Act 2006 insert—

“1C Duty as to reducing inequalities
In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.”

5 The Secretary of State's duty as to promoting autonomy (E+W)

After section 1C of the National Health Service Act 2006 insert—

“1D Duty as to promoting autonomy
(1) In exercising functions in relation to the health service, the Secretary of State must have regard to the desirability of securing, so far as consistent with the interests of the health service—
(a) that any other person exercising functions in relation to the health service or providing services for its purposes is free to exercise those functions or provide those services in the manner that it considers most appropriate, and
(b) that unnecessary burdens are not imposed on any such person.
(2) If, in the case of any exercise of functions, the Secretary of State considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Secretary of State of the duties under section 1, the Secretary of State must give priority to the duties under that section.”

6 The Secretary of State's duty as to research (E+W)

After section 1D of the National Health Service Act 2006 insert—

“1E Duty as to research
In exercising functions in relation to the health service, the Secretary of State must promote—
(a) research on matters relevant to the health service, and
(b) the use in the health service of evidence obtained from research.”

7 The Secretary of State's duty as to education and training (E+W)

After section 1E of the National Health Service Act 2006 insert—

“1F Duty as to education and training
(1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment so as to secure that there is an effective system for the planning and delivery of education and training to persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England.
(2) Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority).
(3) In subsection (1) , “ relevant enactment ” means—
(a) section 63 of the Health Services and Public Health Act 1968,
(b) this Act,
(c) the Health and Social Care Act 2008,
(d) the Health Act 2009, and
(e) the Health and Social Care Act 2012.”

8 Secretary of State's duty as to reporting on and reviewing treatment of providers (E+W)

After section 1F of the National Health Service Act 2006 insert—

“1G Secretary of State's duty as to reporting on and reviewing treatment of providers
(1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a report before Parliament on the treatment of NHS health care providers as respects any matter, including taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward available to them for doing so.
(2) The report must include recommendations as to how any differences in the treatment of NHS health care providers identified in the report could be addressed.
(3) The Secretary of State must keep under review the treatment of NHS health care providers as respects any such matter as is mentioned in subsection (1).
(4) In this section—
(a) “ NHS health care providers ” means persons providing or intending to provide health care services for the purposes of the NHS, and
(b) “ health care services for the purposes of the NHS ” has the same meaning as in Part 3 of the Health and Social Care Act 2012.”

9 The NHS Commissioning Board (E+W)

(1) After section 1G of the National Health Service Act 2006 insert—

“Role of the Board in the health service in England (E+W)
1H The National Health Service Commissioning Board and its general functions
(1) There is to be a body corporate known as the National Health Service Commissioning Board (“ the Board ”).
(2) The Board is subject to the duty under section 1(1) concurrently with the Secretary of State except in relation to the part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
(3) For the purpose of discharging that duty, the Board—
(a) has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act, and
(b) must exercise the functions conferred on it by this Act in relation to clinical commissioning groups so as to secure that services are provided for those purposes in accordance with this Act.
(4) Schedule A1 makes further provision about the Board.
(5) In this Act—
(a) any reference to the public health functions of the Secretary of State is a reference to the functions of the Secretary of State under sections 2A and 2B and paragraphs 7C, 8 and 12 of Schedule 1, and
(b) any reference to the public health functions of local authorities is a reference to the functions of local authorities under sections 2B and 111 and paragraphs 1 to 7B and 13 of Schedule 1.”
(2) Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this Act.

10 Clinical commissioning groups (E+W)

After section 1H of the National Health Service Act 2006 insert—

“Role of clinical commissioning groups in the health service in England (E+W)
1I Clinical commissioning groups and their general functions
(1) There are to be bodies corporate known as clinical commissioning groups established in accordance with Chapter A2 of Part 2.
(2) Each clinical commissioning group has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act.”

Arrangements for provision of health services (E+W)


11 The Secretary of State's duty as to protection of public health (E+W)

After section 2 of the National Health Service Act 2006 insert—

“Provision for protection or improvement of public health (E+W)
2A Secretary of State's duty as to protection of public health
(1) The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of protecting the public in England from disease or other dangers to health.
(2) The steps that may be taken under subsection (1) include—
(a) the conduct of research or such other steps as the Secretary of State considers appropriate for advancing knowledge and understanding;
(b) providing microbiological or other technical services (whether in laboratories or otherwise) ;
(c) providing vaccination, immunisation or screening services;
(d) providing other services or facilities for the prevention, diagnosis or treatment of illness;
(e) providing training;
(f) providing information and advice;
(g) making available the services of any person or any facilities.
(3) Subsection (4) applies in relation to any function under this section which relates to—
(a) the protection of the public from ionising or non-ionising radiation, and
(b) a matter in respect of which the Health and Safety Executive has a function.
(4) In exercising the function, the Secretary of State must—
(a) consult the Health and Safety Executive, and
(b) have regard to its policies.”