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
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
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
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
49 Removal of power to appoint trust funds and trustees
50 Sections 48 and 49: consequential amendments
52 NHS trusts: wider effect of decisions
53 NHS trusts: duties in relation to climate change
54 Oversight and support of NHS trusts
56 Recommendations about restructuring of 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
78 Regulations as to patient choice
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
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
106 Transfer schemes in connection with regulations
107 Transfer schemes: taxation
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
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
128 Investigations relating to Wales and Northern Ireland
129 Failure to exercise functions
131 Offences by bodies corporate
133 Obligations of confidence etc
134 Consequential amendments relating to 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
170 Commercial dealings in organs for transplantation: extra-territorial offences
171 Storage of gametes and embryos
172 Advertising of less healthy food and drink
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
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
Changes to legislation:
There are currently no known outstanding effects for the Health and Care Act 2022, Paragraph 58.
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.
SCHEDULES
SCHEDULE 3Conferral of primary care functions on integrated care boards etc
PART 2Consequential amendments
I158Domestic Abuse Act 2021
In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for the provision of medical evidence of domestic abuse), in subsection (5)(a), for sub-paragraph (ii) substitute—
ii
any arrangements made under section 83 of that Act;