Legislation – Health and Care Act 2022

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Health and Care Act 2022

PART 1Health service in England: integration, collaboration and other changes

NHS England

1NHS Commissioning Board renamed NHS England

2Power to require commissioning of specialised services

3Spending on mental health

4NHS England mandate: general

5NHS England mandate: cancer outcome targets

6Duties as to reducing inequalities

7Duties in respect of research: business plan and annual report etc

8NHS England: wider effect of decisions

9NHS England: duties in relation to climate change etc

10Public involvement: carers and representatives

11Information about inequalities

12Support and assistance by NHS England

13Exercise of functions relating to provision of services

14Preparation of consolidated accounts for providers

15Funding for service integration

16Payments in respect of quality

17Secondments to NHS England

Integrated care boards

18Role of integrated care boards

19Establishment of integrated care boards

20People for whom integrated care boards have responsibility

Integrated care boards: functions

21Commissioning hospital and other health services

22Commissioning primary care services etc

23Transfer schemes in connection with transfer of primary care functions

24Commissioning arrangements: conferral of discretions

25General functions

Integrated care partnerships

26Integrated care partnerships and strategies

Integrated care system: financial controls

27NHS England’s financial responsibilities

28Expansion of NHS England’s duties in respect of expenditure

29Financial responsibilities of integrated care boards and their partners

30Expansion of financial duties of integrated care boards and their partners

Integrated care system: reviews and further amendments

31Care Quality Commission reviews etc of integrated care system

32Integrated care system: further amendments

Merger of NHS bodies etc

33Abolition of Monitor and transfer of functions to NHS England

34Exercise by NHS England of new regulatory functions

35Modification of standard licence conditions

36Abolition of NHS Trust Development Authority

37Merger of bodies: consequential amendment

38Transfer schemes in connection with abolished bodies

39Transfer schemes under section 38: taxation

Secretary of State’s functions

40Duties in respect of research

41Report on assessing and meeting workforce needs

42Arrangements for exercise of public health functions

43Power of direction: public health functions

44Power of direction: investigation functions

45General power to direct NHS England

46Reconfiguration of services: intervention powers

47Review into NHS supply chains

NHS trusts

48NHS trusts in England

49Removal of power to appoint trust funds and trustees

50Sections 48 and 49: consequential amendments

51Licensing of NHS trusts

52NHS trusts: wider effect of decisions

53NHS trusts: duties in relation to climate change

54Oversight and support of NHS trusts

55Directions to NHS trusts

56Recommendations about restructuring of NHS trusts

57Intervention in NHS trusts

58NHS trusts: conversion to NHS foundation trusts and dissolution

59Appointment of chair of NHS trusts

60Financial objectives for NHS trusts

NHS foundation trusts

61Licensing of NHS foundation trusts

62Capital spending limits for NHS foundation trusts

63Accounts, reports and forward plans

64NHS foundation trusts: joint exercise of functions

65NHS foundation trusts: mergers, acquisitions and separations

66Transfers on dissolution of NHS foundation trusts

67NHS foundation trusts: wider effect of decisions

68NHS foundation trusts: duties in relation to climate change

NHS trusts and NHS foundation trusts

69Transfer schemes between trusts

70Trust special administrators

Joint working and delegation of functions

71Joint working and delegation arrangements

72References to functions: treatment of delegation arrangements etc

Collaborative working

73Repeal of duties to promote autonomy

74Guidance about joint appointments

75Co-operation by NHS bodies etc

76Wider effect of decisions: licensing of health care providers

NHS payment scheme

77The NHS payment scheme

Patient choice and procurement

78Regulations as to patient choice

79Procurement regulations

80Procurement and patient choice: consequential amendments etc

81Eradicating slavery and human trafficking in supply chains

Competition

82Duty to provide assistance to the CMA

83Mergers of providers: removal of CMA powers

84Removal of functions relating to competition etc

85Removal of CMA’s involvement in licensing etc

Miscellaneous

86Special Health Authorities: removal of 3 year limit

87Tidying up etc provisions about accounts of certain NHS bodies

88Meaning of “health” in NHS Act 2006

89Repeal of spent powers to make transfer schemes etc

90Abolition of Local Education and Training Boards

91Hospital patients with care and support needs: repeals etc

PART 2Health and adult social care: information

92Information about payments etc to persons in the health care sector

93Regulations under section 92: enforcement

94Regulations under section 92: consent

95Information standards

96Sharing anonymous health and social care information

97General duties of the Health and Social Care Information Centre etc

98Collection of information from private health care providers

99Collection of information about adult social care

100Enforcement of duties against private providers

101Medicine information systems

PART 3Secretary of State’s powers to transfer or delegate functions

102Relevant bodies and Special Health Authorities

103Power to transfer functions between bodies

104Power to provide for exercise of functions of Secretary of State

105Scope of powers

106Transfer schemes in connection with regulations

107Transfer schemes: taxation

108Consent and consultation

PART 4The Health Services Safety Investigations Body

Introductory

109Establishment of the HSSIB

Investigations

110Investigation of incidents with safety implications

111Deciding which incidents to investigate

112Criteria, principles and processes

116Response to reports

117Admissibility of reports

Investigatory powers etc

118Powers of entry, inspection and seizure

119Powers to require information etc

120Voluntary provision of information etc

121Offences relating to investigations

Protection of material held by the HSSIB

122Prohibition on disclosure of HSSIB material

123Exceptions to prohibition on disclosure

124Offences of unlawful disclosure

125Restriction of statutory powers requiring disclosure

Relationship with other bodies

126Co-operation

127Assistance of NHS bodies

128Investigations relating to Wales and Northern Ireland

Oversight of functions

129Failure to exercise functions

130Review

Offences: supplementary

131Offences by bodies corporate

132Offences by partnerships

Supplementary

133Obligations of confidence etc

134Consequential amendments relating to Part 4

135Interpretation of Part 4

PART 5Virginity testing and hymenoplasty offences

CHAPTER 1Virginity testing offences

Virginity testing offences: England and Wales

136Offence of virginity testing: England and Wales

137Offence of offering to carry out virginity testing: England and Wales

138Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales

139Virginity testing offences in England and Wales: penalties

Virginity testing offences: Scotland

140Offence of virginity testing: Scotland

141Offence of offering to carry out virginity testing: Scotland

142Offence of aiding or abetting etc a person to carry out virginity testing: Scotland

143Virginity testing offences in Scotland: penalties and supplementary

Virginity testing offences: Northern Ireland

144Offence of virginity testing: Northern Ireland

145Offence of offering to carry out virginity testing: Northern Ireland

146Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland

147Virginity testing offences in Northern Ireland: penalties

CHAPTER 2Hymenoplasty offences

Hymenoplasty offences: England and Wales

148Offence of carrying out hymenoplasty: England and Wales

149Offence of offering to carry out hymenoplasty: England and Wales

150Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales

151Hymenoplasty offences in England and Wales: penalties

Hymenoplasty offences: Scotland

152Offence of carrying out hymenoplasty: Scotland

153Offence of offering to carry out hymenoplasty: Scotland

154Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland

155Hymenoplasty offences in Scotland: penalties and supplementary

Hymenoplasty offences: Northern Ireland

156Offence of carrying out hymenoplasty: Northern Ireland

157Offence of offering to carry out hymenoplasty: Northern Ireland

158Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland

159Hymenoplasty offences in Northern Ireland: penalties

CHAPTER 3Consequential amendments

160Consequential amendments relating to Part 5

PART 6Miscellaneous

Pharmaceutical services

161Pharmaceutical services: remuneration in respect of vaccines etc

International healthcare

162International healthcare arrangements

Social care

163Regulation of local authority functions relating to adult social care

164Default powers of Secretary of State in relation to adult social care

165Care Quality Commission’s powers in relation to local authority failings

166Cap on care costs for charging purposes

Social care: regulation and financial assistance

167Provision of social care services: financial assistance

Professional regulation

168Regulation of health care and associated professions

Medical examiners

169Medical examiners

Organ trafficking

170Commercial dealings in organs for transplantation: extra-territorial offences

Human fertilisation and embryology

171Storage of gametes and embryos

Food and drink

172Advertising of less healthy food and drink

173Hospital food standards

174Food information for consumers: power to amend retained EU law

Fluoridation of water supplies

175Fluoridation of water supplies

176Fluoridation of water supplies: transitional provision

Disputes about treatment of critically ill children

177Review into disputes relating to treatment of critically ill children

Termination of pregnancy

178Early medical termination of pregnancy

Child safeguarding: information sharing

179Child safeguarding etc in health and care: policy about information sharing

Cosmetic procedures

180Licensing of cosmetic procedures

Disability and autism training

181Mandatory training on learning disability and autism

PART 7General

182Power to make consequential provision

183Regulations

184Financial provision

SCHEDULE 1Renaming of NHS Commissioning Board

1General

2House of Commons Disqualification Act 1975

3Access to Health Records Act 1990

4Trade Union and Labour Relations (Consolidation) Act 1992

5Employment Rights Act 1996

6National Health Service Act 2006

7In the heading of section 3B, for “Board” substitute “NHS…

8In the heading of section 13A, for “Board” substitute “NHS…

9In the heading of section 13W, for “Board’s” substitute “NHS…

10In the heading of section 13Y, for “Board’s” substitute “NHS…

11In section 275(1)— (a) omit the definition of “the Board”;…

12In Schedule 1A, in the italic heading before paragraph 18,…

13Corporation Tax Act 2010

14Equality Act 2010

15Health and Social Care Act 2012

16In section 150, omit subsection (2).

17In the heading of section 197, for “NHS Commissioning Board”…

18In section 247, omit the definition of “the Board”.

19In section 250(1), for “the National Health Service Commissioning Board…

20In the heading of section 274, for “Board” substitute “NHS…

21In section 275, omit the definition of “the Board”.

22In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”….

23Local Audit and Accountability Act 2014

24Social Services and Well-being (Wales) Act 2014 (anaw 4)

25In section 47(10)— (a) in the English language text—

26In section 77(4)(b)(ii)— (a) in the English language text, for…

27In section 104(3)(d)(ii)— (a) in the English language text, for…

28In section 118(2)(c)— (a) in the English language text, for…

29In section 164A(4)— (a) in the English language text, for…

30In section 193(4)(c)— (a) in the English language text, for…

31In section 197(1)— (a) in the English language text, for…

32Housing (Wales) Act 2014 (anaw 7)

33Cities and Local Government Devolution Act 2016

34Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

35In section 4(3)— (a) in the English language text, for…

36In section 65(4)— (a) in the English language text, for…

37In section 99(1)— (a) in the English language text, omit…

38Domestic Abuse Act 2021

SCHEDULE 2Integrated care boards: constitution etc

1Before Schedule 4 to the National Health Service Act 2006…

2In section 272 of that Act (orders, regulations, rules and…

SCHEDULE 3Conferral of primary care functions on integrated care boards etc

PART 1Conferral of functions etc

1Preliminary

2Power to require NHS England to continue to exercise certain primary care functions

3Medical services

4(1) Section 84 (general medical services contracts: introductory) is amended…

5In section 86 (persons eligible to enter into GMS contracts),…

6In section 87 (GMS contracts: payments), in subsection (3)(d), for…

7(1) Section 89 (GMS contracts: other required terms) is amended…

8(1) Section 91 (persons performing primary medical services) is amended…

9(1) Section 92 (arrangements for the provision of primary medical…

10In section 93 (persons with whom agreements may be made…

11(1) Section 94 (regulations about section 92 arrangements) is amended…

12(1) Section 96 (assistance and support: primary medical services) is…

13(1) Section 97 (Local Medical Committees) is amended as follows….

14For section 98A substitute— Delegation of Secretary of State’s functions…

15Dental services

16(1) Section 100 (general dental services contracts: introductory) is amended…

17In section 102 (persons eligible to enter into GDS contracts),…

18In section 103 (GDS contracts: payments), in subsection (3)(d), for…

19In section 104 (GDS contracts: other required terms), in subsection…

20(1) Section 106 (persons performing primary dental services) is amended…

21(1) Section 107 (arrangements for the provision of primary dental…

22In section 108 (persons with whom agreements may be made…

23(1) Section 109 (regulations about section 107 arrangements) is amended…

24(1) Section 112 (assistance and support: primary dental services) is…

25(1) Section 113 (Local Dental Committees) is amended as follows….

26For section 114A substitute— Delegation of Secretary of State’s functions…

27Ophthalmic services

28In the italic heading before section 115, for “the Board”…

29(1) Section 115 (primary ophthalmic services) is amended as follows….

30After section 116 insert— General functions General powers to make…

31(1) Section 117 (general ophthalmic services contracts: introductory) is amended…

32In section 118 (persons eligible to enter into GOS contracts),…

33In section 119 (exclusion of contractors), in subsection (1), for…

34In section 120 (GOS contracts: payments), in subsection (3)(d), for…

35In section 121 (GOS contracts: other required terms), in subsection…

36(1) Section 123 (persons performing primary ophthalmic services) is amended…

37(1) Section 124 (assistance and support: primary ophthalmic services) is…

38(1) Section 125 (Local Optical Committees) is amended as follows….

39For section 125A substitute— Delegation of Secretary of State’s functions…

40Pharmaceutical services

PART 2Consequential amendments

41Dentists Act 1984

42In section 40 (definition of business of dentistry), in subsection…

43In section 53 (interpretation), in subsection (3)(a)(i), for “92 or…

44Access to Health Records Act 1990

45Trade Union and Labour Relations (Consolidation) Act 1992

46Health Service Commissioners Act 1993

47Freedom of Information Act 2000

48Health and Social Care (Community Health and Standards) Act 2003

49Health Act 2006

50National Health Service Act 2006

51In section 80 (supply of goods and services by the…

52(1) Section 259 (sale of medical practices) is amended as…

53In section 276 (index of defined expressions)—

54In Schedule 4 (NHS trusts), for paragraph 24 and the…

55National Health Service (Wales) Act 2006

56(1) Section 65 (persons with whom agreement may be made…

57Health Act 2009

58Domestic Abuse Act 2021

SCHEDULE 4Integrated care system: minor and consequential amendments

1Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

2Public Records Act 1958

3Public Bodies (Admission to Meetings) Act 1960

4Leasehold Reform Act 1967

5Parliamentary Commissioner Act 1967

6Health Services and Public Health Act 1968

7In section 63 (provision of instruction for officers of hospital…

8In section 64 (financial assistance to certain voluntary organisations), in…

9Employers’ Liability (Compulsory Insurance) Act 1969

10Local Authority Social Services Act 1970

11Local Government Act 1972

12Health and Safety at Work etc. Act 1974

13National Health Service (Scotland) Act 1978

14Mental Health Act 1983

15In section 39 (information as to hospitals), in subsection (1),…

16In section 117 (after-care), in subsections (2), (2D), (2E), (2F)…

17In section 134 (correspondence of patients), in subsection (3)(e), for…

18In section 139 (protection for acts done in pursuance of…

19In section 140 (notification of hospitals having arrangements for special…

20Acquisition of Land Act 1981

21In section 16 (statutory undertakers’ land excluded from compulsory purchase),…

22In section 17 (local authority and statutory undertakers’ land), in…

23Disabled Persons (Services, Consultation and Representation) Act 1986

24(1) Section 2 (rights of authorised representatives of disabled persons)…

25(1) Section 7 (persons discharged from hospital) is amended as…

26Copyright, Designs and Patents Act 1988

27Children Act 1989

28In section 21 (provision for accommodation for children in police…

29In section 24 (persons qualifying for advice and assistance), in…

30In section 24C (information), in subsection (2)(c), for “a clinical…

31In section 27 (co-operation between authorities), in subsection (3)(d), for…

32In section 29 (recoupment of cost of providing services etc),…

33In section 47 (local authority’s duty to investigate), in subsection…

34In section 80 (inspection of children’s homes etc by persons…

35In section 85 (children accommodated by health authorities and local…

36In section 105 (interpretation), in subsection (1)—

37National Health Service and Community Care Act 1990

38London Local Authorities Act 1991

39Health Service Commissioners Act 1993

40Value Added Tax Act 1994

41In section 41 (application to the Crown), in subsection (7),…

42(1) Schedule 8 (zero-rating) is amended as follows.

43Education Act 1996

44In section 322 (duty of certain bodies to help local…

45In section 332 (duty of Local Health Board, a Primary…

46Employment Rights Act 1996

47In section 49B (the health service: regulations prohibiting discrimination because…

48In section 50 (right to time off for public duties),…

49In section 218 (change of employer), in subsection (10), for…

50Housing Grants, Construction and Regeneration Act 1996

51Crime and Disorder Act 1998

52In section 5 (authorities responsible for crime and disorder strategies),…

53In section 38 (local provision of youth justice services), in…

54(1) Section 39 (youth offending teams) is amended as follows….

55In section 41 (the Youth Justice Board), in subsection (10),…

56In section 42 (supplementary provision), in subsection (3), for “a…

57In section 115 (disclosure of information), in subsection (2), for…

58Greater London Authority Act 1999

59Health Act 1999

60Freedom of Information Act 2000

61Local Government Act 2000

62Adoption and Children Act 2002

63In section 4 (assessments etc for adoption support services), in…

64In section 8 (adoption support agencies), in subsection (2)(d), for…

65International Development Act 2002

66Nationality, Immigration and Asylum Act 2002

67Criminal Justice Act 2003

68Finance Act 2003

69Health and Social Care (Community Health and Standards) Act 2003

70In section 148 (interpretation of Part 2), in the definition…

71In section 160 (provision of information), in subsection (1)(h)—

72In section 165 (power to apply provisions about recovery of…

73Children Act 2004

74In section 10 (co-operation to improve wellbeing), in subsection (4)(db),…

75In section 11 (arrangements to safeguard and promote welfare), in…

76In section 16E (local arrangements for safeguarding and promoting welfare…

77In section 16J (combining safeguarding partner areas and delegating functions),…

78In section 16P (combining child death review partner areas and…

79In section 16Q (guidance and interpretation), in subsection (2)(b), for…

80Civil Contingencies Act 2004

81Domestic Violence, Crime and Victims Act 2004

82Mental Capacity Act 2005

83Armed Forces Act 2006

84Childcare Act 2006

85Emergency Workers (Obstruction) Act 2006

86National Health Service Act 2006

87In section 1H (NHS England and its general functions), in…

88(1) Section 6 (performance of functions outside England) is amended…

89(1) Section 6E (regulations as to the exercise of functions)…

90In section 9 (NHS contracts), in subsection (4), for paragraph…

91(1) Section 12 (arrangements with other bodies) is amended as…

92(1) Section 12ZA (commissioning arrangements) is amended as follows.

93(1) Section 12A (direct payments for health care) is amended…

94In section 12B (regulations about direct payments), in subsections (2)(d),…

95In section 12D (arrangements with other bodies relating to direct…

96In section 13A (mandate), in subsection (6), for “clinical commissioning…

97In section 13N (duty as to promoting integration), in subsection…

98In section 13R (information on safety of services provided by…

99In section 13V (pooled funds), in subsection (1), for “clinical…

100In Part 2, omit Chapter A2 (clinical commissioning groups).

101In section 71 (schemes for meeting losses and liabilities etc…

102In section 74 (supply of goods and services by local…

103In section 76 (power of local authorities to make payments),…

104(1) Section 77 (care trusts) is amended as follows.

105(1) In section 80 (supply of goods and services by…

106In section 183 (payment of travelling expenses), in paragraphs (a),…

107In section 185 (charges for more expensive supplies), in subsection…

108In section 186 (charges for repairs and replacements in certain…

109In section 187 (charges for designated services or facilities), for…

110In section 188 (sums otherwise payable to those providing services),…

111In section 196 (persons and bodies about which provision is…

112In section 201 (disclosure of information), in subsection (3)(a), for…

113In section 214 (transfer of functions and property to or…

114In section 222 (power to raise money), in subsection (3A)(a),…

115For section 223A (application of provision about public-private partnerships) substitute—…

116In section 223B (funding of NHS England), in subsection (8),…

117In section 223F (power to establish contingency fund), in subsection…

118(1) Section 223G (means of meeting expenditure of clinical commissioning…

119(1) Section 223GA (expenditure on integration) is amended as follows….

120(1) Section 223K (payments in respect of quality) is amended…

121(1) Section 236 (payments for certain medical examinations) is amended…

122(1) Section 244 (review and scrutiny by local authorities) is…

123In the italic heading before section 252A, for “clinical commissioning…

124(1) In section 252A (role of NHS England and clinical…

125(1) Section 256 (power of NHS England or a clinical…

126In section 257 (payments in respect of voluntary organisations under…

127(1) Section 258 (university clinical teaching and research) is amended…

128In section 269 (special notices of births and deaths), in…

129In section 270 (provision of information by Registrar General), in…

130In section 271A (services to be treated as services of…

131(1) Section 272 (orders, regulations, rules and directions) is amended…

132In section 275 (interpretation), in subsection (1)—

133In section 276 (index of defined expressions), in the appropriate…

134(1) Schedule A1 (NHS England) is amended as follows.

135(1) Schedule 1 (further provision about services) is amended as…

136In Schedule 4 (NHS trusts: constitution etc), in paragraph 12,…

137In Schedule 7 (constitution of public benefit corporations), in paragraph…

138In Schedule 12A (pharmaceutical remuneration), in paragraph 2—

139National Health Service (Wales) Act 2006

140In section 7 (NHS contracts), in subsection (4), for paragraph…

141In section 13 (exercise of Local Health Board functions), in…

142In section 17 (plans for improving health etc), in subsection…

143In section 26 (intervention orders), in subsection (1), for “,…

144In section 28 (default powers), in subsection (1), for “,…

145In section 34 (power of local authorities to make payments),…

146In section 162 (transfer of functions and property to or…

147In section 197 (university clinical teaching and research), in subsection…

148In section 206 (interpretation), in subsection (1)—

149NHS Redress Act 2006

150Safeguarding Vulnerable Groups Act 2006

151Corporate Manslaughter and Corporate Homicide Act 2007

152Local Government and Public Involvement in Health Act 2007

153Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph…

154In section 224 (duties of services-providers to respond to local…

155In section 227 (Local Healthwatch organisations: annual reports), in subsection…

156Statistics and Registration Service Act 2007

157Education and Skills Act 2008

158In section 16 (supply of information by public bodies), in…

159In section 77 (supply of information by public bodies), in…

160Health and Social Care Act 2008

161In section 30 (urgent procedure for cancellation), in subsection (3)(a),…

162In section 39 (bodies required to be notified of certain…

163In section 48 (reviews and investigations), in subsection (2)(ba), for…

164In section 54 (studies as to economy, efficiency etc), in…

165In section 59 (additional functions), in subsection (3), for “clinical…

166In section 64 (power to require documents and information), in…

167In section 97 (general interpretation of Part 1), in subsection…

168Autism Act 2009

169Health Act 2009

170(1) Section 2 (duty to have regard to NHS constitution)…

171In section 8 (duty of providers to publish information), in…

172Corporation Tax Act 2010

173Equality Act 2010

174Charities Act 2011

175Health and Social Care Act 2012

176In section 95 (licensing: special conditions), in subsection (2)(d), for…

177In section 99 (notification of commissioners where continuation of services…

178In section 100 (modification of standard conditions), in subsection (2)(d),…

179In section 102 (modification of conditions by order under other…

180In section 104 (power to require documents and information), in…

181In section 110 (notification of enforcement action), in subsection (1)(b),…

182In section 141 (levy on providers: consultation), in subsection (3),…

183In section 150 (interpretation, transitional provision and consequential amendments), omit…

184In section 194 (establishment of Health and Wellbeing Boards), in…

185In section 196 (other functions of Health and Wellbeing Boards),…

186In section 241 (commissioning guidance), in subsection (1), for “section…

187(1) Section 298 (advice or assistance to public authorities in…

188In section 306 (commencement), omit subsection (7).

189Omit Schedule 6 (transitional provision in connection with clinical commissioning…

190Anti-social Behaviour, Crime and Policing Act 2014

191In section 105 (ASB case reviews: interpretation), in subsection (2),…

192In Schedule 4 (case reviews: supplementary provision), in paragraph 5(2)(a),…

193Care Act 2014

194In section 6 (co-operating generally), in subsection (8)(b), for “a…

195(1) Section 22 (exception for provision of health services) is…

196In section 52 (sections 48 to 51: supplementary), in subsection…

197In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and…

198(1) Paragraph 1 of Schedule 2 (Safeguarding Adults Boards) is…

199Children and Families Act 2014

200(1) Section 23 (duty of health bodies to bring certain…

201(1) Section 26 (joint commissioning arrangements) is amended as follows….

202In section 28 (co-operating generally: local authority functions), in subsections…

203In section 31 (co-operating in specific cases: local authority functions),…

204In section 53 (mediation: health care issues), in subsection (5),…

205In section 56 (mediation: supplementary), in subsection (3), for paragraph…

206In section 57 (resolution of disagreements), in subsection (7), for…

207In section 77 (code of practice), in subsection (1), for…

208Immigration Act 2014

209Local Audit and Accountability Act 2014

210In section 4 (general requirements for audit), for subsection (4)…

211In section 8 (procedure for appointment), in subsection (4), for…

212In section 10 (functions of auditor panel), in subsection (10),…

213In section 21 (general duties of auditors of accounts of…

214(1) Section 44 (interpretation of Act) is amended as follows….

215In Schedule 2 (relevant authorities), for paragraph 23 substitute— An integrated care board.

216In Schedule 5 (eligibility and regulation of local auditors), in…

217In Schedule 7 (reports and recommendations), in paragraph 4(8), for…

218Social Services and Well-being (Wales) Act 2014 (anaw 4)

219In section 47 (exception for provision of health services), in…

220In section 77 (accommodation for children in police protection or…

221In section 104 (young people entitled to support under sections…

222In section 118 (information), in subsection (2)(c)—

223In section 164A (duty of other persons to co-operate and…

224In section 193 (recovery of costs between local authorities), in…

225In section 197 (general interpretation and index of defined expressions),…

226Housing (Wales) Act 2014 (anaw 7)

227Counter-Terrorism and Security Act 2015

228Cities and Local Government Devolution Act 2016

229Data Protection Act 2018

230Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

231In section 4 (additional learning needs code), in subsection (3)—…

232In section 64 (duty of health bodies to notify parents…

233In section 65 (duties to provide information and other help),…

234In section 99 (general interpretation), in subsection (1)—

235Network and Information Systems Regulations 2018 (S.I. 2018/506)

236In regulation 1(2) (interpretation), in the definition of “OES”, after…

237(1) Regulation 8 (identification of operators of essential services) is…

238NHS Funding Act 2020

239Domestic Abuse Act 2021

240Police, Crime, Sentencing and Courts Act 2022

241(1) Section 25 (relevant review partners) is amended as follows….

242In section 36 (interpretation), in subsection (1)—

243In Schedule 1 (specified authorities and local government areas), in…

SCHEDULE 5Abolition of Monitor and transfer of its functions

1General

2Public Bodies (Admission to Meetings) Act 1960

3Parliamentary Commissioner Act 1967

4Superannuation Act 1972

5House of Commons Disqualification Act 1975

6Northern Ireland Assembly Disqualification Act 1975

7Employment Rights Act 1996

8Freedom of Information Act 2000

9National Health Service Act 2006

10For section 2 substitute— General power (1) The Secretary of State may do anything which is…

11In section 33 (applications by NHS trusts), in each of…

12(1) Section 35 (authorisation of NHS foundation trusts) is amended…

13In section 37 (amendments of constitution), in subsection (4)—

14(1) Section 39 (register of NHS foundation trusts) is amended…

15In section 39A (panel for advising governors), in subsections (1)…

16In section 42A (criteria for making loans etc), in subsection…

17In section 50 (fees), for “the regulator”, in both places…

18In section 56 (mergers), in subsection (1), for “the regulator”…

19(1) Section 56A (acquisitions) is amended as follows.

20In section 56AA (acquisitions under section 56A: supplementary), in subsection…

21In section 56B (separations), in subsection (1), for “the regulator”…

22In section 57 (sections 56 to 56B: supplementary), in subsections…

23(1) Section 57A (dissolution) is amended as follows.

24In section 64 (orders and regulations under Chapter), in subsection…

25(1) Section 244 (review and scrutiny by local authorities) is…

26In section 247C (Secretary of State’s duty to keep health…

27In section 258 (university clinical teaching and research), after subsection…

28In section 272 (orders, regulations, rules and directions), in subsection…

29In section 275 (interpretation), in subsection (1), omit the definition…

30In section 276 (index of defined expressions), omit the entry…

31(1) Schedule 7 (constitution of public benefit corporations) is amended…

32In Schedule 10 (audit of accounts of NHS foundation trusts)—…

33National Health Service (Wales) Act 2006

34Health and Social Care Act 2008

35In section 20A (functions relating to processing of information by…

36In section 30 (urgent procedure for cancellation), in subsection (3),…

37In section 39 (bodies required to be notified of certain…

38In section 45A (functions to be exercised by Healthwatch England),…

39In section 59 (additional functions), in subsection (2), for “Monitor”…

40(1) Section 70 (Co-operation between the Care Quality Commission and…

41Health Act 2009

42In section 2 (duty to have regard to NHS Constitution),…

43In section 9 (supplementary provision about the duty), in subsection…

44Equality Act 2010

45Health and Social Care Act 2012

46In Part 3, omit Chapter 1 (Monitor).

47(1) Section 83 (exemption regulations) is amended as follows.

48In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit…

49In section 85 (application for licence), in subsections (1) and…

50In section 86 (licensing criteria), in each of subsections (1)…

51In section 87 (grant or refusal of licence), in subsections…

52In section 88 (application and grant: NHS foundation trusts), in…

53In section 89 (revocation of licence), for “Monitor”, in both…

54(1) Section 90 (right to make representations) is amended as…

55In section 91 (notice of decisions), in subsections (1), (2)…

56(1) Section 92 (appeals to the Tribunal) is amended as…

57In section 93 (register of licence holders), in each of…

58(1) Section 94 (standard conditions) is amended as follows.

59(1) Section 95 (special conditions) is amended as follows.

60(1) Section 96 (limits on Monitor’s functions to set or…

61In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e),…

62(1) Section 98 (conditions relating to the continuation of the…

63(1) Section 99 (notification of commissioners where continuation of services…

64(1) Section 100 (modification of standard conditions) is amended as…

65In section 102 (modification of conditions by order under other…

66(1) Section 104 (power to require documents and information) is…

67In section 105 (discretionary requirements), in subsections (1), (2)(a), (b)…

68In section 106 (enforcement undertakings), in subsections (1), (4) and…

69(1) Section 108 (guidance as to use of enforcement powers)…

70In section 109 (publication of enforcement action), in subsections (1)…

71In section 110 (notification of enforcement action), in subsection (1)—…

72In section 111 (imposition of licence conditions on NHS foundation…

73(1) Section 113 (orders under section 112: criteria for deciding…

74In section 128 (health special administration orders), in subsection (2),…

75(1) Section 130 (health special administration regulations) is amended as…

76In section 131 (transfer schemes), in subsection (2)(a), (b) and…

77In section 132 (indemnities), for “Monitor” substitute “NHS England”.

78In section 134 (duty to establish mechanisms for providing financial…

79(1) Section 135 (power to establish fund) is amended as…

80In section 136 (applications), in each of subsections (1) to…

81In section 137 (grants and loans), in each of subsections…

82(1) Section 138 (power to impose charges on commissioners) is…

83(1) Section 139 (imposition of levy) is amended as follows….

84In section 140 (power of Secretary of State to set…

85(1) Section 141 (consultation) is amended as follows.

86In section 143 (amount payable), in each of subsections (1),…

87In section 144 (investment principles and reviews), in each of…

88In section 145 (borrowing), in subsections (1) and (2), for…

89In section 146 (shortfall or excess of available funds, etc),…

90(1) Section 148 (service of documents) is amended as follows….

91In section 149 (electronic communications), in each of subsections (2)…

92(1) Section 150 is amended as follows.

93In section 175 (objective of trust special administration), omit subsection…

94(1) Section 254 (powers to direct Information Centre to establish…

95In section 255 (powers to request Information Centre to establish…

96(1) In section 288 (duty to co-operate with Care Quality…

97(1) Section 290 (other duties to co-operate) is amended as…

98In section 291 (breaches of duties to co-operate), in subsection…

99(1) Section 304 (regulations, orders and directions) is amended as…

100(1) Schedule 11 (further provision about Monitor’s enforcement powers) is…

101Local Audit and Accountability Act 2014

102Mental Health Units (Use of Force) Act 2018

103Domestic Abuse Act 2021

SCHEDULE 6Intervention powers over the reconfiguration of NHS services

SCHEDULE 7NHS trusts in England and removal of power to appoint trustees: consequential amendments

1Value Added Tax Act 1994

2Finance Act 2003

3National Health Service Act 2006

4In section 215 (trustees and property under section 222), in…

5In section 217 (supplementary provisions about trusts), in subsection (1),…

6In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph…

7National Health Service (Wales) Act 2006

8Health and Social Care Act 2012

9In section 112 (transitional provision relating to abolition of NHS…

10Omit section 180 (repeal of provisions on authorisation for NHS…

11In section 200 (care trusts), omit subsection (15).

12In Schedule 13, in paragraph 10 (saving provision: general duty…

13Omit Schedule 14 (abolition of NHS trusts in England: consequential…

14Finance Act 2012

15Local Audit and Accountability Act 2014

16In section 3 (general requirements for accounts), for subsection (9)…

17In section 4 (general requirements for audit), at the end…

18In section 8 (procedure for appointment), in subsection (4), at…

19In section 10 (functions of auditor panel), in subsection (10),…

20In section 12 (failure to appoint local auditor), in subsections…

21(1) Section 13 (failure of clinical commissioning group to appoint…

22In section 21 (general duties of auditors of accounts of…

23In section 30 (unlawful expenditure or activity of health service…

24In section 43 (orders and regulations), in subsection (6), omit…

25In section 44 (interpretation), in the definition of “accounts”, for…

26Omit section 47 (application to NHS trusts and trustees).

27In Schedule 2 (relevant authorities), after paragraph 23 insert— An NHS trust all or most of whose hospitals, establishments…

28In Schedule 5 (eligibility and regulation of local auditors), in…

29(1) Schedule 7 (reports and recommendations) is amended as follows….

30Finance Act 2015

31NHS (Charitable Trusts Etc) Act 2016

SCHEDULE 8Trust special administrators: NHS trusts and NHS foundation trusts

PART 1Amendments about trust special administrators

1The National Health Service Act 2006 is amended as follows….

2For section 65B substitute— NHS trusts: appointment of trust special…

3(1) Section 65D (NHS foundation trusts: appointment of trust special…

4(1) Section 65DA (objective of trust special administration) is amended…

5(1) Section 65F (draft report) is amended as follows.

6(1) Section 65G (consultation plan) is amended as follows.

7(1) Section 65H (consultation requirements) is amended as follows.

8(1) Section 65I (final report) is amended as follows.

9(1) Section 65J (power to extend time) is amended as…

10In the italic heading before section 65K for “the regulator”…

11For section 65K substitute— Decision of NHS England or Secretary…

12(1) Section 65KA (regulator’s decision in case of NHS foundation…

13(1) Section 65KB (Secretary of State’s response to regulator’s decision)…

14In section 65KC (action following Secretary of State’s rejection of…

15(1) In section 65KD (Secretary of State’s response to resubmitted…

16(1) Section 65L (trusts coming out of administration) is amended…

17In section 65LA (trusts to be dissolved), in subsection (3),…

18(1) Section 65M (replacement of trust special administrator) is amended…

19(1) Section 65N (guidance) is amended as follows.

20In section 65O (interpretation of Chapter), in subsection (1), in…

21In section 272 (orders, regulations, rules and directions), in subsection…

PART 2Consequential amendments

22National Health Service Act 2006

23In section 13Q (public involvement and consultation by NHS England),…

24In section 242 (public involvement and consultation by NHS trusts),…

25Health and Social Care Act 2008

SCHEDULE 9References to functions: treatment of delegation arrangements etc

1Local Government Act 1974

2Children Act 1989

3National Health Service and Community Care Act 1990

4Adoption and Children Act 2002

5Health and Social Care (Community Health and Standards) Act 2003

6National Health Service Act 2006

7In section 13Z4 (interpretation of Chapter A1 of Part 2),…

8In section 73A (appointment of directors of public health), in…

9In section 73B (exercise of public health functions of local…

10In section 73C (complaints about exercise of public health functions…

11In section 223K (payments in respect of quality), in subsection…

12In section 244 (review and scrutiny by local authorities), in…

13In section 252A (role of NHS England and clinical commissioning…

14In section 253 (emergency powers), in subsection (1A), in paragraph…

15Local Government and Public Involvement in Health Act 2007

16Health and Social Care Act 2008

17Health and Social Care Act 2012

18In section 197 (participation of NHS England in Health and…

19In section 199 (supply of information to Health and Wellbeing…

20In section 234 (quality standards), in subsection (11), for the…

21In section 237 (advice, guidance, information and recommendations), in subsection…

22In section 250 (powers to publish information standards), in subsection…

23In section 263 (code of practice on confidential information), after…

24In section 274 (powers of Secretary of State or Board…

25In section 290 (duties to co-operate), in subsection (2), at…

SCHEDULE 10The NHS payment scheme

1The Health and Social Care Act 2012 is amended as…

2In section 97 (conditions of licences for health care service…

3In Part 3, for Chapter 4 substitute— CHAPTER 4 The…

4In section 304 (regulations, orders and directions), in subsection (5),…

SCHEDULE 11Patient choice: undertakings by integrated care boards

SCHEDULE 12Removal of functions relating to competition etc

1Company Directors Disqualification Act 1986

2Competition Act 1998

3Enterprise Act 2002

4Health and Social Care Act 2012

5In section 74 (competition functions: supplementary), omit subsections (1) to…

6In section 288 (Monitor: duty to cooperate with Care Quality…

7Enterprise and Regulatory Reform Act 2013

8In Schedule 4 (the Competition and Markets Authority), in paragraph…

9In Schedule 14 (regulators: use of powers under the Competition…

10Care Act 2014

SCHEDULE 13The Health Services Safety Investigations Body

PART 1Constitution

1Status

2Membership

3The Chief Investigator: appointment and status

4Other executive members: appointment and status

5Non-executive members: tenure

6Non-executive members: suspension from office

7(1) Where a person is suspended from office as the…

8Non-executive members: payment

9Staff

10Procedure

11Committees

12Exercise of functions

13Assistance in exercise of functions

14Funding

15Supplementary powers

16Use of income from charges

17Losses and liabilities etc

18Accounts

19(1) The HSSIB must prepare annual accounts in respect of…

20Reports and other information

21Seal and signature

PART 2Transfer schemes

22(1) The Secretary of State may, in connection with the…

23(1) The Treasury may by regulations make provision varying the…

SCHEDULE 14Prohibition on disclosure of HSSIB material: exceptions

1Disclosures for purposes of investigations

2The HSSIB, or an individual connected with the HSSIB, may…

3Disclosures relating to prosecution or investigation of offences

4Disclosures relating to safety risks

5Disclosure by order of the High Court

6Exercise of Chief Investigator’s functions

7Guidance

SCHEDULE 15Consequential amendments relating to Part 4

1Public Records Act 1958 (c. 51)

2Public Bodies (Admission to Meetings) Act 1960 (c. 67)

3Parliamentary Commissioner Act 1967 (c. 13)

4House of Commons Disqualification Act 1975 (c. 24)

5Copyright, Designs and Patents Act 1988 (c. 48)

6Employment Rights Act 1996 (c. 18)

7Freedom of Information Act 2000 (c. 36)

8National Health Service Act 2006 (c. 41)

9Health Act 2009 (c. 21)

10Equality Act 2010 (c. 15)

SCHEDULE 16Virginity testing and hymenoplasty: consequential amendments

1Police and Criminal Evidence Act 1984

2Police and Criminal Evidence (Northern Ireland) Order 1989

3Criminal Justice and Public Order Act 1994

4Criminal Procedure (Scotland) Act 1995

5In section 19A (samples etc. from persons convicted of sexual…

6In section 271BZA (child witnesses in certain solemn cases: special…

7Crime and Disorder Act 1998

8Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)

9Modern Slavery Act 2015

SCHEDULE 17Storage of gametes and embryos

PART 1Amendments to Human Fertilisation and Embryology Act 1990

1Introductory

2Maximum storage periods

3In section 47 (index), omit the entry for the “Statutory…

4In Schedule 3 (consents), in paragraph 2(2)(a), for “statutory storage…

5Disposal of material

6In section 17 (the person responsible), in subsection (1)(c), for…

7Consent to storage

PART 2Transitional provision

8Interpretation

9Application of Part 1 to material already in storage

10The amendments made by paragraph 7 of this Schedule have…

11Date of first storage

12Storage periods specified in pre-commencement storage licences

13Storage after expiry of pre-commencement consent

14Storage with no effective consent prior to commencement

15Time for first renewal of consent

16(1) This paragraph applies in relation to the storage of…

17Renewals falling due in the transitional period

18(1) This paragraph applies in relation to the storage of…

SCHEDULE 18Advertising of less healthy food and drink

PART 1Programme services: watershed

1Television programme services

2On-demand programme services

PART 2Online services: prohibition

3In the Communications Act 2003, after Part 4B insert— PART…

PART 3Consequential amendments

4The Communications Act 2003 is amended as follows.

5In section 368C (on-demand programme services: duties of the appropriate…

6In section 402(2) (instruments subject to negative procedure) —

SCHEDULE 19Licensing of cosmetic procedures

1Introduction

2Grant of licence

3The regulations may make provision requiring a local authority not…

4Licence conditions

5Duration of licence etc

Royal arms

Health and Care Act 2022

2022 CHAPTER 31

An Act to make provision about health and social care.

[28th April 2022]

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:—