Legislation – Health and Care Act 2022

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Introduction

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

1 NHS Commissioning Board renamed NHS England

2 Power to require commissioning of specialised services

3 Spending on mental health

4 NHS England mandate: general

5 NHS England mandate: cancer outcome targets

6 Duties as to reducing inequalities

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

8 NHS England: wider effect of decisions

9 NHS England: duties in relation to climate change etc

10 Public involvement: carers and representatives

11 Information about inequalities

12 Support and assistance by NHS England

13 Exercise of functions relating to provision of services

14 Preparation of consolidated accounts for providers

15 Funding for service integration

16 Payments in respect of quality

17 Secondments to NHS England

18 Role of integrated care boards

19 Establishment of integrated care boards

20 People for whom integrated care boards have responsibility

21 Commissioning hospital and other health services

22 Commissioning primary care services etc

23 Transfer schemes in connection with transfer of primary care functions

24 Commissioning arrangements: conferral of discretions

25 General functions

26 Integrated care partnerships and strategies

27 NHS England’s financial responsibilities

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

29 Financial responsibilities of integrated care boards and their partners

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

31 Care Quality Commission reviews etc of integrated care system

32 Integrated care system: further amendments

33 Abolition of Monitor and transfer of functions to NHS England

34 Exercise by NHS England of new regulatory functions

35 Modification of standard licence conditions

36 Abolition of NHS Trust Development Authority

37 Merger of bodies: consequential amendment

38 Transfer schemes in connection with abolished bodies

39 Transfer schemes under section 38: taxation

40 Duties in respect of research

41 Report on assessing and meeting workforce needs

42 Arrangements for exercise of public health functions

43 Power of direction: public health functions

44 Power of direction: investigation functions

45 General power to direct NHS England

46 Reconfiguration of services: intervention powers

47 Review into NHS supply chains

48 NHS trusts in England

49 Removal of power to appoint trust funds and trustees

50 Sections 48 and 49: consequential amendments

51 Licensing of NHS trusts

52 NHS trusts: wider effect of decisions

53 NHS trusts: duties in relation to climate change

54 Oversight and support of NHS trusts

55 Directions to NHS trusts

56 Recommendations about restructuring of NHS trusts

57 Intervention in NHS trusts

58 NHS trusts: conversion to NHS foundation trusts and dissolution

59 Appointment of chair of NHS trusts

60 Financial objectives for NHS trusts

61 Licensing of NHS foundation trusts

62 Capital spending limits for NHS foundation trusts

63 Accounts, reports and forward plans

64 NHS foundation trusts: joint exercise of functions

65 NHS foundation trusts: mergers, acquisitions and separations

66 Transfers on dissolution of NHS foundation trusts

67 NHS foundation trusts: wider effect of decisions

68 NHS foundation trusts: duties in relation to climate change

69 Transfer schemes between trusts

70 Trust special administrators

71 Joint working and delegation arrangements

72 References to functions: treatment of delegation arrangements etc

73 Repeal of duties to promote autonomy

74 Guidance about joint appointments

75 Co-operation by NHS bodies etc

76 Wider effect of decisions: licensing of health care providers

77 The NHS payment scheme

78 Regulations as to patient choice

79 Procurement regulations

80 Procurement and patient choice: consequential amendments etc

81 Eradicating slavery and human trafficking in supply chains

82 Duty to provide assistance to the CMA

83 Mergers of providers: removal of CMA powers

84 Removal of functions relating to competition etc

85 Removal of CMA’s involvement in licensing etc

86 Special Health Authorities: removal of 3 year limit

87 Tidying up etc provisions about accounts of certain NHS bodies

88 Meaning of “health” in NHS Act 2006

89 Repeal of spent powers to make transfer schemes etc

90 Abolition of Local Education and Training Boards

91 Hospital patients with care and support needs: repeals etc

PART 2
Health and adult social care: information

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

93 Regulations under section 92: enforcement

94 Regulations under section 92: consent

95 Information standards

96 Sharing anonymous health and social care information

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

98 Collection of information from private health care providers

99 Collection of information about adult social care

100 Enforcement of duties against private providers

101 Medicine information systems

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

102 Relevant bodies and Special Health Authorities

103 Power to transfer functions between bodies

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

105 Scope of powers

106 Transfer schemes in connection with regulations

107 Transfer schemes: taxation

108 Consent and consultation

PART 4
The Health Services Safety Investigations Body

109 Establishment of the HSSIB

110 Investigation of incidents with safety implications

111 Deciding which incidents to investigate

112 Criteria, principles and processes

113 Final reports

114 Interim reports

115 Draft reports

116 Response to reports

117 Admissibility of reports

118 Powers of entry, inspection and seizure

119 Powers to require information etc

120 Voluntary provision of information etc

121 Offences relating to investigations

122 Prohibition on disclosure of HSSIB material

123 Exceptions to prohibition on disclosure

124 Offences of unlawful disclosure

125 Restriction of statutory powers requiring disclosure

126 Co-operation

127 Assistance of NHS bodies

128 Investigations relating to Wales and Northern Ireland

129 Failure to exercise functions

130 Review

131 Offences by bodies corporate

132 Offences by partnerships

133 Obligations of confidence etc

134 Consequential amendments relating to Part 4

135 Interpretation of Part 4

PART 5
Virginity testing and hymenoplasty offences

CHAPTER 1 Virginity testing offences

Virginity testing offences: England and Wales

136 Offence of virginity testing: England and Wales

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

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

139 Virginity testing offences in England and Wales: penalties

Virginity testing offences: Scotland

140 Offence of virginity testing: Scotland

141 Offence of offering to carry out virginity testing: Scotland

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

143 Virginity testing offences in Scotland: penalties and supplementary

Virginity testing offences: Northern Ireland

144 Offence of virginity testing: Northern Ireland

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

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

147 Virginity testing offences in Northern Ireland: penalties

CHAPTER 2 Hymenoplasty offences

Hymenoplasty offences: England and Wales

148 Offence of carrying out hymenoplasty: England and Wales

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

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

151 Hymenoplasty offences in England and Wales: penalties

Hymenoplasty offences: Scotland

152 Offence of carrying out hymenoplasty: Scotland

153 Offence of offering to carry out hymenoplasty: Scotland

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

155 Hymenoplasty offences in Scotland: penalties and supplementary

Hymenoplasty offences: Northern Ireland

156 Offence of carrying out hymenoplasty: Northern Ireland

157 Offence of offering to carry out hymenoplasty: Northern Ireland

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

159 Hymenoplasty offences in Northern Ireland: penalties

CHAPTER 3 Consequential amendments

160 Consequential amendments relating to Part 5

PART 6
Miscellaneous

161 Pharmaceutical services: remuneration in respect of vaccines etc

162 International healthcare arrangements

163 Regulation of local authority functions relating to adult social care

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

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

166 Cap on care costs for charging purposes

167 Provision of social care services: financial assistance

168 Regulation of health care and associated professions

169 Medical examiners

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

171 Storage of gametes and embryos

172 Advertising of less healthy food and drink

173 Hospital food standards

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

175 Fluoridation of water supplies

176 Fluoridation of water supplies: transitional provision

177 Review into disputes relating to treatment of critically ill children

178 Early medical termination of pregnancy

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

180 Licensing of cosmetic procedures

181 Mandatory training on learning disability and autism

PART 7
General

182 Power to make consequential provision

183 Regulations

184 Financial provision

185 Extent

186 Commencement

187 Short title

SCHEDULES

SCHEDULE 1 Renaming of NHS Commissioning Board

SCHEDULE 2 Integrated care boards: constitution etc

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

SCHEDULE 4 Integrated care system: minor and consequential amendments

SCHEDULE 5 Abolition of Monitor and transfer of its functions

SCHEDULE 6 Intervention powers over the reconfiguration of NHS services

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

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

SCHEDULE 9 References to functions: treatment of delegation arrangements etc

SCHEDULE 10 The NHS payment scheme

SCHEDULE 11 Patient choice: undertakings by integrated care boards

SCHEDULE 12 Removal of functions relating to competition etc

SCHEDULE 13 The Health Services Safety Investigations Body

SCHEDULE 14 Prohibition on disclosure of HSSIB material: exceptions

SCHEDULE 15 Consequential amendments relating to Part 4

SCHEDULE 16 Virginity testing and hymenoplasty: consequential amendments

SCHEDULE 17 Storage of gametes and embryos

SCHEDULE 18 Advertising of less healthy food and drink

SCHEDULE 19 Licensing of cosmetic procedures

Changes to legislation:

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SCHEDULES

SCHEDULE 1Renaming of NHS Commissioning Board

Section 1

General

1

(1)

The enactments listed in sub-paragraph (2) are amended in accordance with the table.

For the following expression wherever it occurs in those enactments (unless the expression is replaced or removed by an amendment elsewhere in this Act)

substitute

“The National Health Service Commissioning Board”

“NHS England”

“the National Health Service Commissioning Board”

“NHS England”

“the National Health Service Commissioning Board (“the Board”)”

“NHS England”

“The Board”

“NHS England”

“the Board”

“NHS England”

“The Board’s”

“NHS England’s”

(2)

The enactments are—

  • the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, Schedule 2;

  • the Public Records Act 1958, Part 1 of the Table at the end of paragraph 3 of Schedule 1;

  • the Public Bodies (Admission to Meetings) Act 1960, the Schedule;

  • the Leasehold Reform Act 1967, section 28;

  • the Parliamentary Commissioner Act 1967, Schedule 3;

  • the Health Services and Public Health Act 1968, sections 63(1) and (2) and 64;

  • the Employers’ Liability (Compulsory Insurance) Act 1969, section 3;

  • the Local Authority Social Services Act 1970, Schedule 1;

  • the Local Government Act 1972, section 113;

  • the Health and Safety at Work etc. Act 1974, section 60;

  • the National Health Service (Scotland) Act 1978, section 17A;

  • the Acquisition of Land Act 1981, sections 16 and 17;

  • the Mental Health Act 1983, sections 12ZB, 12ZC, 39, 117, 134 and 139;

  • the Disabled Persons (Services, Consultation and Representation) Act 1986, sections 2 and 7;

  • the Copyright, Designs and Patents Act 1988, section 48;

  • the Children Act 1989, sections 21, 24, 24C, 27, 29, 47, 80, 85 and 105;

  • the London Local Authorities Act 1991 (c xiii), section 4;

  • the Health Service Commissioners Act 1993, sections 2 and 2A;

  • the Value Added Tax Act 1994, section 41 and Schedule 8;

  • the Education Act 1996, section 322;

  • the Employment Rights Act 1996, sections 43K, 49B, 50 and 218;

  • the Housing Grants, Construction and Regeneration Act 1996, section 3;

  • the Crime and Disorder Act 1998, section 115;

  • the Greater London Authority Act 1999, section 309E;

  • the Health Act 1999, section 61;

  • the Freedom of Information Act 2000, Schedule 1;

  • the Local Government Act 2000, section 9FF;

  • the Adoption and Children Act 2002, section 8;

  • the International Development Act 2002, Schedule 1;

  • the Nationality, Immigration and Asylum Act 2002, section 133;

  • the Criminal Justice Act 2003, section 325;

  • the Finance Act 2003, section 67A;

  • the Health and Social Care (Community Health and Standards) Act 2003, sections 148 and 165;

  • the Children Act 2004, sections 10 and 11;

  • the Civil Contingencies Act 2004, Schedule 1;

  • the Domestic Violence, Crime and Victims Act 2004, section 9;

  • the Armed Forces Act 2006, section 343AA (as inserted by section 8(3) of the Armed Forces Act 2021);

  • the Childcare Act 2006, section 4;

  • the Emergency Workers (Obstruction) Act 2006, section 1;

  • the National Health Service Act 2006, except section 275;

  • the National Health Service (Wales) Act 2006, sections 7, 13, 17, 26, 28, 34, 106, 115, 162, 197, 206 and Schedule 5;

  • the NHS Redress Act 2006, section 1;

  • the Safeguarding Vulnerable Groups Act 2006, section 6;

  • the Corporate Manslaughter and Corporate Homicide Act 2007, section 6;

  • the Local Government and Public Involvement in Health Act 2007, sections 104, 116, 222, 224 and 227;

  • the Statistics and Registration Service Act 2007, section 42(4A);

  • the Health and Social Care Act 2008, sections 20A, 30, 39, 45A, 48, 54, 59, 64, 80, 81 and 97;

  • the Autism Act 2009, section 4;

  • the Health Act 2009, sections 2, 8 and 36;

  • the Charities Act 2011, section 149;

  • the Health and Social Care Act 2012, sections 83, 84, 102, 130, 197, 234, 236, 237, 239, 241, 249, 250(4) and (7), 253, 254, 255, 260, 263, 265, 268, 274, 295, 296, 298 and Schedule 12;

  • the Care Act 2014, sections 6, 22 and 101 and Schedule 1;

  • the Children and Families Act 2014, sections 26, 28, 31, 53, 56, 57 and 77;

  • the Immigration Act 2014, Schedule 3;

  • the Local Audit and Accountability Act 2014, section 13 and Schedules 7 and 11;

  • the Cities and Local Government Devolution Act 2016, section 18;

  • the Data Protection Act 2018, Schedule 3;

  • the Mental Health Units (Use of Force) Act 2018, section 9.

(3)

In any other enactment (apart from this Act) passed before the day on which section 1 comes into force, and in any instrument or other document made before that day, any reference to the National Health Service Commissioning Board is to be read, in relation to any time on or after that day, as a reference to NHS England.

(4)

In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

House of Commons Disqualification Act 1975

2

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry relating to the chairman or non-executive member of the National Health Service Commissioning Board, for “the National Health Service Commissioning Board” substitute “NHS England”.

Access to Health Records Act 1990

3

In section 1(2) of the Access to Health Records Act 1990 as it has effect under the law of England and Wales—

(a)

in paragraph (a)—

(i)

for “the National Health Service Commissioning Board” substitute “NHS England”;

(ii)

after “contract with” insert “NHS England”;

(b)

in paragraph (aa)—

(i)

for “the National Health Service Commissioning Board” substitute “NHS England”;

(ii)

after “arrangements with” insert “NHS England”.

Trade Union and Labour Relations (Consolidation) Act 1992

4

In section 279(1) of the Trade Union and Labour Relations (Consolidation) Act 1992—

(a)

in paragraph (a), for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the words after paragraph (b), for “board” substitute “body”.

Employment Rights Act 1996

5

In section 43K(2)(b) of the Employment Rights Act 1996 for “the authority or board” substitute “NHS England or the board”.

National Health Service Act 2006

6

The National Health Service Act 2006 is amended as follows.

7

In the heading of section 3B, for “Board” substitute “NHS England”.

8

In the heading of section 13A, for “Board” substitute “NHS England”.

9

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

10

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

11

In section 275(1)—

(a)

omit the definition of “the Board”;

(b)

in the definition of “NHS body” for paragraph (a) substitute—

  1. “(a)

    NHS England,”.

12

In Schedule 1A, in the italic heading before paragraph 18, for “Board” substitute “NHS England”.

Corporation Tax Act 2010

13

In section 986 of the Corporation Tax Act 2010, in the table, for “National Health Service Commissioning Board” substitute “NHS England”.

Equality Act 2010

14

In Part 1 of Schedule 19 to the Equality Act 2010, in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, for “The National Health Service Commissioning Board” substitute “NHS England”.

Health and Social Care Act 2012

15

The Health and Social Care Act 2012 is amended as follows.

16

In section 150, omit subsection (2).

17

In the heading of section 197, for “NHS Commissioning Board” substitute “NHS England”.

18

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

19

In section 250(1), for “the National Health Service Commissioning Board (referred to in this Chapter as “the Board”)” substitute “NHS England”.

20

In the heading of section 274, for “Board” substitute “NHS England”.

21

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

22

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

Local Audit and Accountability Act 2014

23

In Schedule 9 to the Local Audit and Accountability Act 2014, in paragraph 4(12), for paragraph (c) of the definition of “relevant NHS body” substitute—

“(c)

NHS England;”.

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

24

The Social Services and Well-being (Wales) Act 2014 is amended as follows.

25

In section 47(10)—

(a)

in the English language text—

(i)

in the definition of “English health body”, for paragraph (b) substitute—

  1. “(a)

    NHS England;”;

(ii)

in the definition of “health body”, for paragraph (c) substitute—

  1. “(a)

    NHS England;”;

(b)

in the Welsh language text—

(i)

in the definition of “corff iechyd”, for paragraph (c) substitute—

  1. “(a)

    GIG Lloegr;”;

(ii)

in the definition of “corff iechyd Seisnig”, for paragraph (b) substitute—

  1. “(a)

    GIG Lloegr;”.

26

In section 77(4)(b)(ii)—

(a)

in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

27

In section 104(3)(d)(ii)—

(a)

in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

28

In section 118(2)(c)—

(a)

in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

29

In section 164A(4)—

(a)

in the English language text, for paragraph (c) substitute—

“(c)

NHS England;”;

(b)

in the Welsh language text, for paragraph (c) substitute—

“(c)

GIG Lloegr;”.

30

In section 193(4)(c)—

(a)

in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

31

In section 197(1)—

(a)

in the English language text, for the definition of “National Health Service Commissioning Board” substitute—

““NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;”;

(b)

in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

““ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Housing (Wales) Act 2014 (anaw 7)

32

In section 70(2)(d)(ii) of the Housing (Wales) Act 2014—

(a)

in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b)

in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Cities and Local Government Devolution Act 2016

33

In section 18(2)(d) and (5)(b) of the Cities and Local Government Devolution Act 2016, for “the NHS Commissioning Board” substitute “NHS England”.

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

34

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.

35

In section 4(3)—

(a)

in the English language text, for paragraph (i) substitute—

“(i)

NHS England;”;

(b)

in the Welsh language text, for paragraph (i) substitute—

“(i)

GIG Lloegr;”.

36

In section 65(4)—

(a)

in the English language text, for paragraph (j) substitute—

“(j)

NHS England;”;

(b)

in the Welsh language text, for paragraph (j) substitute—

“(j)

GIG Lloegr;”.

37

In section 99(1)—

(a)

in the English language text, omit the definition of “National Health Service Commissioning Board” and at the appropriate place insert—

““NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;”;

(b)

in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

““ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Domestic Abuse Act 2021

38

In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), for paragraph (c) of the definition of “NHS body in England” substitute—

  1. “(a)

    NHS England, or”.