Legislation – Health and Social Care Act 2012

Health and Social Care Act 2012, Section 178 is up to date with all changes known to be in force on or before 30 March 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.

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Changes and effects yet to be applied to Section 178:

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

Failure

178Sections 174 to 177: supplementary

(1)

At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator) insert—

“(3)

For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.”

(2)

In section 65N of that Act (power to issue guidance), after subsection (2) insert—

“(2A)

It must include guidance about the publication of—

(a)

notices under section 65KC(4)(a);

(b)

statements under section 65KC(4)(b).”

(3)

At the end of that section insert—

“(4)

For the purposes of this section in its application to cases of NHS foundation trusts, the reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”

(4)

In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”, after “65B(6)(a)” insert “, section 65D(2)”.

(5)

In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert“,

(g)

a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,

(h)

a copy of any report laid under section 65D,

(i)

a copy of any information published under section 65D,

(j)

a copy of any draft report published under section 65F,

(k)

a copy of any statement provided under section 65F,

(l)

a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,

(m)

a copy of any statement published or provided under section 65G,

(n)

a copy of any final report published under section 65I,

(o)

a copy of any statement published under section 65J or 65KC,

(p)

a copy of any information published under section 65M.”

(6)

In section 272 of that Act (orders etc.), in subsection (5), in paragraph (ab)—

(a)

after “65B(1),” insert “65D(2),”,

(b)

omit “65E(1),”,

(c)

after “65J(2),” insert “65KC(3),”, and

(d)

for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.

(7)

After subsection (6) insert—

“(6ZA)

The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under Chapter 5A as if the regulator were a Minister of the Crown.”

(8)

In subsection (6A) of that section—

(a)

after “65B(1),” insert “65D(2),”,

(b)

omit “65E(1),”,

(c)

after “65J(2),” insert “65KC(3),”,

(d)

after “65L(2) or (4)” insert “, 65LA(3)”, and

(e)

for “(4)” substitute “(7)”.

(9)

In section 275(1) of that Act (interpretation), in the definition of “NHS trust”, omit the words from “and” to the end.

(10)

In paragraph 22(1) of Schedule 7 to that Act (documents which must be made available to the public free of charge), at the end insert“,

(g)

a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,

(h)

a copy of any report laid under section 65D,

(i)

a copy of any information published under section 65D,

(j)

a copy of any draft report published under section 65F,

(k)

a copy of any statement provided under section 65F,

(l)

a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,

(m)

a copy of any statement published or provided under section 65G,

(n)

a copy of any final report published under section 65I,

(o)

a copy of any statement published under section 65J or 65KC,

(p)

a copy of any information published under section 65M.”

(11)

In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit the words from “(including” to the end.