Legislation – Health and Care Act 2022

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

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Health and Care Act 2022, Section 138.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 5Virginity testing and hymenoplasty offences

CHAPTER 1Virginity testing offences

Virginity testing offences: England and Wales

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

(1)

It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.

(2)

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

(a)

in the United Kingdom,

(b)

a United Kingdom national, or

(c)

habitually resident in the United Kingdom.

(3)

This section does not affect the application to an offence under section 136 of any rule of law relating to aiding, abetting, counselling or procuring.

(4)

In this section—

“United Kingdom national” has the meaning given by section 136(4);

“virginity testing” has the meaning given by section 136(2).