Legislation – Health and Social Care Act 2012

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Introduction

PART 1
The health service in England

1 Secretary of State’s duty to promote comprehensive health service

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

3 The Secretary of State’s duty as to the NHS Constitution

4 The Secretary of State’s duty as to reducing inequalities

5 The Secretary of State’s duty as to promoting autonomy

6 The Secretary of State’s duty as to research

7 The Secretary of State’s duty as to education and training

8 Secretary of State’s duty as to reporting on and reviewing treatment of providers

9 The NHS Commissioning Board

10 Clinical commissioning groups

11 The Secretary of State’s duty as to protection of public health

12 Duties as to improvement of public health

13 Duties of clinical commissioning groups as to commissioning certain health services

14 Power of clinical commissioning groups as to commissioning certain health services

15 Power to require Board to commission certain health services

16 Secure psychiatric services

17 Other services etc. provided as part of the health service

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

19 Regulations relating to EU obligations

20 Regulations as to the exercise of functions by the Board or clinical commissioning groups

21 Functions of Special Health Authorities

22 Exercise of public health functions of the Secretary of State

23 The NHS Commissioning Board: further provision

24 Financial arrangements for the Board

25 Clinical commissioning groups: establishment etc.

26 Clinical commissioning groups: general duties etc.

27 Financial arrangements for clinical commissioning groups

28 Requirement for primary medical services provider to belong to clinical commissioning group

29 Other health service functions of local authorities under the 2006 Act

30 Appointment of directors of public health

31 Exercise of public health functions of local authorities

32 Complaints about exercise of public health functions by local authorities

33 Abolition of Strategic Health Authorities

34 Abolition of Primary Care Trusts

35 Fluoridation of water supplies

36 Procedural requirements in connection with fluoridation of water supplies

37 Fluoridation of water supplies: transitional provision

38 Approval functions

39 Discharge of patients

40 After-care

41 Provision of pocket money for in-patients

42 Transfers to and from special hospitals

43 Independent mental health advocates

44 Patients’ correspondence

45 Notification of hospitals having arrangements for special cases

46 Role of the Board and clinical commissioning groups in respect of emergencies

47 Secretary of State’s emergency powers

48 New Special Health Authorities

49 Primary care services: directions as to exercise of functions

50 Charges in respect of certain public health functions

51 Pharmaceutical services expenditure

52 Secretary of State’s duty to keep health service functions under review

53 Secretary of State’s annual report

54 Certification of death

55 Amendments related to Part 1 and transitional provision

PART 2
Further provision about public health

56 Abolition of Health Protection Agency

57 Functions in relation to biological substances

58 Radiation protection functions

59 Repeal of AIDS (Control) Act 1987

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

PART 3
Regulation of health and adult social care services

CHAPTER 1 Monitor

61 Monitor

62 General duties

63 Secretary of State’s guidance on duty under section 62(9)

64 General duties: supplementary

65 Power to give Monitor functions relating to adult social care services

66 Matters to have regard to in exercise of functions

67 Conflicts between functions

68 Duty to review regulatory burdens

69 Duty to carry out impact assessments

70 Information

71 Failure to perform functions

CHAPTER 2 Competition

72 Functions under the Competition Act 1998

73 Functions under Part 4 of the Enterprise Act 2002

74 Competition functions: supplementary

75 Requirements as to procurement, patient choice and competition

76 Requirements under section 75: investigations, declarations and directions

77 Requirements under section 75: undertakings

78 Guidance

79 Mergers involving NHS foundation trusts

80 Co-operation with the CMA

CHAPTER 3 Licensing

Licensing requirement

81 Requirement for health service providers to be licensed

82 Deemed breach of requirement to be licensed

83 Exemption regulations

84 Exemption regulations: supplementary

Licensing procedure

85 Application for licence

86 Licensing criteria

87 Grant or refusal of licence

87A Application and grant: NHS trusts

88 Application and grant: NHS foundation trusts

89 Revocation of licence

90 Right to make representations

91 Notice of decisions

92 Appeals to the Tribunal

93 Register of licence holders

Licence conditions

94 Standard conditions

95 Special conditions

96 Limits on NHS England’s functions to set or modify licence conditions

97 Conditions: supplementary

98 Conditions relating to the continuation of the provision of services etc.

99 Notification of commissioners where continuation of services at risk

100 Modification of standard conditions

101 Modification references to the CMA

102 Modification of conditions by order under other enactments

103 Standard condition as to transparency of certain criteria

Enforcement

104 Power to require documents and information

105 Discretionary requirements

106 Enforcement undertakings

107 Further provision about enforcement powers

108 Guidance as to use of enforcement powers

109 Publication of enforcement action

110 Notification of enforcement action

Transitional provision

111 Imposition of licence conditions on NHS foundation trusts

112 Duration of transitional period

113 Orders under section 112: criteria for deciding applicable trusts

114 Repeal of sections 112 and 113

CHAPTER 4 The NHS payment scheme

114A The NHS payment scheme

114B The NHS payment scheme: enforcement

114C The NHS payment scheme: impact assessment and consultation

114D Objections to proposed NHS payment scheme

114E Amendments of the NHS payment scheme

114F Interpretation

115 Price payable by commissioners for NHS services

116 The national tariff

117 The national tariff: further provision

118 Consultation on proposals for the national tariff

119 Consultation: further provision

120 Responses to consultation

121 Determination on reference under section 120

122 Changes following determination on reference under section 120

123 Power to veto changes proposed under section 122

124 Local modifications of prices: agreements

125 Local modifications of prices: applications

126 Applications under section 125: notification of commissioners

127 Correction of mistakes

CHAPTER 5 Health special administration

128 Health special administration orders

129 Objective of a health special administration

130 Health special administration regulations

131 Transfer schemes

132 Indemnities

133 Modification of this Chapter under Enterprise Act 2002

CHAPTER 6 Financial assistance in special administration cases

Establishment of mechanisms

134 Duty to establish mechanisms for providing financial assistance

135 Power to establish fund

Applications for financial assistance

136 Applications

137 Grants and loans

Charges on commissioners

138 Power to impose charges on commissioners

Levy on providers

139 Imposition of levy

140 Power of Secretary of State to set limit on levy and charges

141 Consultation

142 Responses to consultation

143 Amount payable

Supplementary

144 Investment principles and reviews

145 Borrowing

146 Shortfall or excess of available funds, etc.

CHAPTER 7 Miscellaneous and general

147 Secretary of State’s duty as respects variation in provision of health services

148 Service of documents

149 Electronic communications

150 Interpretation, transitional provision and consequential amendments

PART 4
NHS foundation trusts & NHS trusts

151 Governors

152 Directors

153 Members

154 Accounts: initial arrangements

155 Accounts: variations to initial arrangements

156 Annual report and forward plan

157 Meetings

158 Voting

159 Authorisation

160 Bodies which may apply for foundation trust status

161 Amendment of constitution

162 Panel for advising governors

163 Financial powers

164 Goods and services

165 Private health care

166 Information

167 Significant transactions

168 Mergers

169 Acquisitions

170 Separations

171 Dissolution

172 Supplementary

173 Repeal of de-authorisation provisions

174 Trust special administrators

175 Objective of trust special administration

176 Procedure etc.

177 Action following final report

178 Sections 174 to 177: supplementary

179 Abolition of NHS trusts in England

180 Repeal of provisions on authorisation for NHS foundation trusts

PART 5
Public involvement and local government

CHAPTER 1 Public involvement

181 Healthwatch England

182 Activities relating to local care services

183 Local authority arrangements

184 Local arrangements: power to make further provision

185 Independent advocacy services

186 Requests, rights of entry and referrals

187 Annual reports

188 Transitional arrangements

189 Consequential provision

CHAPTER 2 Local government

190 Scrutiny functions of local authorities

191 Amendments consequential on section 190

192 Joint strategic needs assessments

193 Joint health and wellbeing strategies

194 Establishment of Health and Wellbeing Boards

195 Duty to encourage integrated working

196 Other functions of Health and Wellbeing Boards

197 Participation of NHS England

198 Discharge of functions of Health and Wellbeing Boards

199 Supply of information to Health and Wellbeing Boards

200 Care Trusts

CHAPTER 3 The Health Service Commissioner for England

201 Disclosure of reports etc. by the Health Service Commissioner

PART 6
Primary care services

202 Medical services: minor amendments

203 Persons eligible to enter into general dental services contracts

204 Arrangements under section 107 of the National Health Service Act 2006

205 Payments in respect of costs of sight tests

206 Pharmaceutical needs assessments

207 Control of entry on pharmaceutical lists

208 Lists of performers of pharmaceutical services and assistants etc.

PART 7
Regulation of health and social care workers

209 Power to regulate social workers etc. in England

210 Training etc. of approved mental health professionals in England

211 Orders regulating social care workers in England: further provision

212 Abolition of the General Social Care Council

213 Regulation of social workers in England

214 The Health and Care Professions Council

215 Functions of the Council in relation to social work in England

216 Appeals in cases involving social workers in England

217 Approval of courses for approved mental health professionals

218 Exercise of function of approving courses, etc.

219 Arrangements with other health or social care regulators

220 References in enactments to registered health professionals, etc.

221 Functions of the Secretary of State in relation to social care workers

222 The Professional Standards Authority for Health and Social Care

223 Functions of the Authority

224 Funding of the Authority

225 Power to advise regulatory bodies, investigate complaints, etc.

226 Accountability and governance

227 Appointments to regulatory bodies

228 Establishment of voluntary registers

229 Accreditation of voluntary registers

230 Consequential provisions and savings, etc.

231 Abolition of the Office of the Health Professions Adjudicator

PART 8
The National Institute for Health and Care Excellence

232 The National Institute for Health and Care Excellence

233 General duties

234 Quality standards

235 Supply of quality standards to other persons

236 Advice or guidance to the Secretary of State or NHS England

237 Advice, guidance, information and recommendations

238 NICE recommendations: appeals

239 Training

240 Advisory services

241 Commissioning guidance

242 NICE’s charter

243 Additional functions

244 Arrangements with other bodies

245 Failure by NICE to discharge any of its functions

246 Protection from personal liability

247 Interpretation of this Part

248 Dissolution of predecessor body

249 Consequential and transitional provision

PART 9
Health and adult social care services: information

CHAPTER 1 Information standards

Powers to publish standards

250 Powers to publish information standards

250A Standards relating to information technology

251 … Procedure etc

Compliance with standards

251ZA Monitoring compliance

251ZB Notice requesting compliance by relevant IT providers

251ZC Public censure of relevant IT providers

251ZD Exercise of functions of Secretary of State by other persons

Accreditation

251ZE Accreditation of information technology etc

CHAPTER 1A Continuity of Information

251A Consistent identifiers

251B Duty to share information

251C Continuity of information: interpretation

CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

… General duties

252 The Health and Social Care Information Centre

253 NHS England data functions: general

Functions: information systems

254 Powers to direct NHS England to establish information systems

255 Powers to request NHS England to establish information systems

256 Requests for collection under section 255: confidential information

257 Requests under section 255: supplementary

258 Information systems: supplementary

259 Powers to require and request provision of information

260 Publication of information

261 Other dissemination of information

262 Other dissemination: directions and requests under sections 254 and 255

262A Publication and other dissemination: supplementary

263 Code of practice on confidential information

264 Information Register

265 Advice or guidance

Functions: quality of health and social care information

266 Assessment of quality of information

267 Power to establish accreditation scheme

Functions: other

268 Database of quality indicators

269 Power to confer functions in relation to identification of GPs

270 Additional functions

271 Arrangements with other bodies

272 Failure by Information Centre to discharge any of its functions

273 Protection from personal liability

General and supplementary

274 Powers of Secretary of State or NHS England to give directions

274A Secretary of State’s guidance about NHS England data functions

275 Interpretation of this Chapter

276 Dissolution of predecessor body

277 Consequential provision

CHAPTER 3 Information about adult social care

277A Provision of adult social care information to Secretary of State

277B Restrictions on onward disclosure of information

277C Directions to certain bodies to exercise functions under this Chapter

277D Arrangements with third parties

CHAPTER 4 Enforcement

277E Enforcement of provisions under this Part

277F Directions to Special Health Authority to exercise functions under section 277E

PART 10
Abolition of certain public bodies

278 The Alcohol Education and Research Council

279 The Appointments Commission

280 The National Information Governance Board for Health and Social Care

281 The National Patient Safety Agency

282 The NHS Institute for Innovation and Improvement

283 Standing advisory committees

PART 11
Miscellaneous

284 Special notices of births and deaths

285 Provision of information by Registrar General

286 Provision of information by Registrar General: Wales

287 Provision of statistical information by Statistics Board

288 Monitor: duty to co-operate with Care Quality Commission

289 Care Quality Commission: duty to co-operate with Monitor

290 Other duties to co-operate

291 Breaches of duties to co-operate

292 Requirement for Secretary of State to approve remuneration policy etc.

293 Conduct of reviews etc.

294 Failure to discharge functions

295 Arrangements between NHS England and Northern Ireland Ministers

296 Arrangements between NHS England and Scottish Ministers etc.

296A Arrangements between NHS England and devolved authorities in respect of education and training

297 Relationships between the health services

298 Advice or assistance to public authorities in the Isle of Man or Channel Islands

299 Certificate of consent of community patients to treatment

300 Transfer schemes

301 Transfer schemes: supplemental

302 Transfer schemes in respect of previously transferred property

PART 12
Final provisions

303 Power to make consequential provision

304 Regulations, orders and directions

305 Financial provision

306 Commencement

307 Commencement: consultation with Scottish Ministers

308 Extent

309 Short title

SCHEDULES

SCHEDULE 1 The National Health Service Commissioning Board

SCHEDULE 2 Clinical commissioning groups

SCHEDULE 3 Pharmaceutical remuneration

SCHEDULE 4 Amendments of the National Health Service Act 2006

SCHEDULE 5 Part 1: amendments of other enactments

SCHEDULE 6 Part 1: transitional provision

SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments

SCHEDULE 8 Monitor

SCHEDULE 9 Requirements under section 77: undertakings

SCHEDULE 10 References by Monitor to the CMA

SCHEDULE 11 Further provision about NHS England’s enforcement powers

SCHEDULE 12 Procedure on references under section 120

SCHEDULE 13 Part 3: minor and consequential amendments

SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments

SCHEDULE 15 Part 7: consequential amendments and savings

SCHEDULE 16 The National Institute for Health and Care Excellence

SCHEDULE 17 Part 8: consequential amendments

SCHEDULE 18 The Health and Social Care Information Centre

SCHEDULE 19 Part 9: consequential amendments

SCHEDULE 20 Part 10: consequential amendments and savings

SCHEDULE 21 Amendments relating to relationships between the health services

SCHEDULE 22 Property transfer schemes

SCHEDULE 23 Staff transfer schemes

Changes to legislation:

Health and Social Care Act 2012, Section 146 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. Help about Changes to Legislation

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PART 3Regulation of health and adult social care services

CHAPTER 6Financial assistance in special administration cases

Supplementary

146Shortfall or excess of available funds, etc.

(1)

The Secretary of State may provide financial assistance to F1NHS England if the Secretary of State is satisfied that—

(a)

there are insufficient funds available from a mechanism established under section 134, or

(b)

the mechanism is otherwise unable to operate effectively.

(2)

If the Secretary of State is satisfied that the level of funds available from a mechanism established under section 134 exceeds the level that is necessary, the Secretary of State may direct F1NHS England to transfer the excess to the Secretary of State.

(3)

If the Secretary of State is satisfied that a mechanism established under section 134 has become dormant, or if a mechanism so established is being wound up, the Secretary of State may direct F1NHS England to transfer to the Secretary of State such funds as are available from the mechanism.