Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, SCHEDULE 13 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 13:
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
SCHEDULE 13Part 3: minor and consequential amendments
General
1
(1)
Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor.
(2)
Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2
“(bk)
Monitor;”.
Parliamentary Commissioner Act 1967 (c. 13)
3
(1)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
(a)
at the appropriate place insert— “
, and
Monitor.
”
(b)
omit the entry for the Independent Regulator of NHS Foundation Trusts.
(2)
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Superannuation Act 1972 (c. 11)
4
(1)
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.
(2)
In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question).
House of Commons Disqualification Act 1975 (c. 24)
5
(1)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
(a)
at the appropriate place insert— “
, and
Chair or other member of Monitor.
”
(b)
omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
(2)
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6
(1)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
(a)
at the appropriate place insert— “
, and
Chair or other member of Monitor.
”
(b)
omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
(2)
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Freedom of Information Act 2000 (c. 36)
7
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
(a)
at the appropriate place insert— “
, and
Monitor.
”
(b)
omit the entry for the Independent Regulator of NHS Foundation Trusts.
National Health Service Act 2006 (c. 41)
8
The National Health Service Act 2006 is amended as follows.
9
(1)
Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts).
(2)
In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
10
(1)
Omit section 32 (general duty of regulator).
F1(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
““the regulator” means Monitor,”.
12
In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)” substitute “section 275(1)”.
National Health Service (Wales) Act 2006 (c. 42)
13
In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
Health and Social Care Act 2008 (c. 14)
14
The Health and Social Care Act 2008 is amended as follows.
15
“(c)
where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,”.
16
“(c)
where the person registered as a service provider in respect of the activity is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,”.
17
“(2)
The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.”
Health Act 2009 (c. 21)
18
“(f)
Monitor;”.
Equality Act 2010 (c.15)
19
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.