Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 162 is up to date with all changes known to be in force on or before 04 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 Section 162:
- 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)
PART 4NHS foundation trusts & NHS trusts
Foundation trust status
162Panel for advising governors
“39APanel for advising governors
(1)
The regulator may appoint a panel of persons to which a governor of an NHS foundation trust may refer a question as to whether the trust has failed or is failing—
(a)
to act in accordance with its constitution, or
(b)
to act in accordance with provision made by or under this Chapter.
(2)
A governor may refer a question to the panel only if more than half of the members of the council of governors voting approve the referral.
(3)
The panel—
(a)
may regulate its own procedure, and
(b)
may establish such procedures, and make such other arrangements, as it considers appropriate for the purpose of determining questions referred to it under this section.
(4)
The panel may decide whether, or to what extent, to carry out an investigation on a question referred to it under this section.
(5)
The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.
(6)
Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.
(7)
If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.
(8)
On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel’s report of its determination of the question into account.
(9)
The regulator—
(a)
must pay expenses properly incurred by the panel, and
(b)
must make administrative support available to the panel.
(10)
Regulations may make provision as to—
(a)
eligibility for membership of the panel;
(b)
the number of persons that may be appointed as members;
(c)
the terms of appointment of members;
(d)
circumstances in which a person ceases to be a member or may be suspended.”