Legislation – Health and Social Care Act 2012
PART 1
The health service in England
1 Secretary of State’s duty to promote comprehensive health service
2 The Secretary of State’s duty as to improvement in quality of services
3 The Secretary of State’s duty as to the NHS Constitution
4 The Secretary of State’s duty as to reducing inequalities
5 The Secretary of State’s duty as to promoting autonomy
6 The Secretary of State’s duty as to research
7 The Secretary of State’s duty as to education and training
8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
10 Clinical commissioning groups
11 The Secretary of State’s duty as to protection of public health
12 Duties as to improvement of public health
13 Duties of clinical commissioning groups as to commissioning certain health services
14 Power of clinical commissioning groups as to commissioning certain health services
15 Power to require Board to commission certain health services
16 Secure psychiatric services
17 Other services etc. provided as part of the health service
18 Regulations as to the exercise by local authorities of certain public health functions
19 Regulations relating to EU obligations
20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
21 Functions of Special Health Authorities
22 Exercise of public health functions of the Secretary of State
23 The NHS Commissioning Board: further provision
24 Financial arrangements for the Board
25 Clinical commissioning groups: establishment etc.
26 Clinical commissioning groups: general duties etc.
27 Financial arrangements for clinical commissioning groups
28 Requirement for primary medical services provider to belong to clinical commissioning group
29 Other health service functions of local authorities under the 2006 Act
30 Appointment of directors of public health
31 Exercise of public health functions of local authorities
32 Complaints about exercise of public health functions by local authorities
33 Abolition of Strategic Health Authorities
34 Abolition of Primary Care Trusts
35 Fluoridation of water supplies
36 Procedural requirements in connection with fluoridation of water supplies
37 Fluoridation of water supplies: transitional provision
41 Provision of pocket money for in-patients
42 Transfers to and from special hospitals
43 Independent mental health advocates
45 Notification of hospitals having arrangements for special cases
46 Role of the Board and clinical commissioning groups in respect of emergencies
47 Secretary of State’s emergency powers
48 New Special Health Authorities
49 Primary care services: directions as to exercise of functions
50 Charges in respect of certain public health functions
51 Pharmaceutical services expenditure
52 Secretary of State’s duty to keep health service functions under review
53 Secretary of State’s annual report
55 Amendments related to Part 1 and transitional provision
PART 2
Further provision about public health
56 Abolition of Health Protection Agency
57 Functions in relation to biological substances
58 Radiation protection functions
59 Repeal of AIDS (Control) Act 1987
60 Co-operation with bodies exercising functions in relation to public health
PART 3
Regulation of health and adult social care services
63 Secretary of State’s guidance on duty under section 62(9)
64 General duties: supplementary
65 Power to give Monitor functions relating to adult social care services
66 Matters to have regard to in exercise of functions
67 Conflicts between functions
68 Duty to review regulatory burdens
69 Duty to carry out impact assessments
71 Failure to perform functions
72 Functions under the Competition Act 1998
73 Functions under Part 4 of the Enterprise Act 2002
74 Competition functions: supplementary
75 Requirements as to procurement, patient choice and competition
76 Requirements under section 75: investigations, declarations and directions
77 Requirements under section 75: undertakings
79 Mergers involving NHS foundation trusts
81 Requirement for health service providers to be licensed
82 Deemed breach of requirement to be licensed
84 Exemption regulations: supplementary
87 Grant or refusal of licence
87A Application and grant: NHS trusts
88 Application and grant: NHS foundation trusts
90 Right to make representations
93 Register of licence holders
96 Limits on NHS England’s functions to set or modify licence conditions
98 Conditions relating to the continuation of the provision of services etc.
99 Notification of commissioners where continuation of services at risk
100 Modification of standard conditions
101 Modification references to the CMA
102 Modification of conditions by order under other enactments
103 Standard condition as to transparency of certain criteria
104 Power to require documents and information
105 Discretionary requirements
107 Further provision about enforcement powers
108 Guidance as to use of enforcement powers
109 Publication of enforcement action
110 Notification of enforcement action
111 Imposition of licence conditions on NHS foundation trusts
112 Duration of transitional period
113 Orders under section 112: criteria for deciding applicable trusts
114 Repeal of sections 112 and 113
CHAPTER 4 The NHS payment scheme
114B The NHS payment scheme: enforcement
114C The NHS payment scheme: impact assessment and consultation
114D Objections to proposed NHS payment scheme
114E Amendments of the NHS payment scheme
115 Price payable by commissioners for NHS services
117 The national tariff: further provision
118 Consultation on proposals for the national tariff
119 Consultation: further provision
121 Determination on reference under section 120
122 Changes following determination on reference under section 120
123 Power to veto changes proposed under section 122
124 Local modifications of prices: agreements
125 Local modifications of prices: applications
126 Applications under section 125: notification of commissioners
CHAPTER 5 Health special administration
128 Health special administration orders
129 Objective of a health special administration
130 Health special administration regulations
133 Modification of this Chapter under Enterprise Act 2002
CHAPTER 6 Financial assistance in special administration cases
134 Duty to establish mechanisms for providing financial assistance
Applications for financial assistance
138 Power to impose charges on commissioners
140 Power of Secretary of State to set limit on levy and charges
144 Investment principles and reviews
146 Shortfall or excess of available funds, etc.
CHAPTER 7 Miscellaneous and general
147 Secretary of State’s duty as respects variation in provision of health services
150 Interpretation, transitional provision and consequential amendments
PART 4
NHS foundation trusts & NHS trusts
154 Accounts: initial arrangements
155 Accounts: variations to initial arrangements
156 Annual report and forward plan
160 Bodies which may apply for foundation trust status
162 Panel for advising governors
173 Repeal of de-authorisation provisions
174 Trust special administrators
175 Objective of trust special administration
177 Action following final report
178 Sections 174 to 177: supplementary
179 Abolition of NHS trusts in England
180 Repeal of provisions on authorisation for NHS foundation trusts
PART 5
Public involvement and local government
182 Activities relating to local care services
183 Local authority arrangements
184 Local arrangements: power to make further provision
185 Independent advocacy services
186 Requests, rights of entry and referrals
190 Scrutiny functions of local authorities
191 Amendments consequential on section 190
192 Joint strategic needs assessments
193 Joint health and wellbeing strategies
194 Establishment of Health and Wellbeing Boards
195 Duty to encourage integrated working
196 Other functions of Health and Wellbeing Boards
197 Participation of NHS England
198 Discharge of functions of Health and Wellbeing Boards
199 Supply of information to Health and Wellbeing Boards
CHAPTER 3 The Health Service Commissioner for England
201 Disclosure of reports etc. by the Health Service Commissioner
PART 6
Primary care services
202 Medical services: minor amendments
203 Persons eligible to enter into general dental services contracts
204 Arrangements under section 107 of the National Health Service Act 2006
205 Payments in respect of costs of sight tests
206 Pharmaceutical needs assessments
207 Control of entry on pharmaceutical lists
208 Lists of performers of pharmaceutical services and assistants etc.
PART 7
Regulation of health and social care workers
209 Power to regulate social workers etc. in England
210 Training etc. of approved mental health professionals in England
211 Orders regulating social care workers in England: further provision
212 Abolition of the General Social Care Council
213 Regulation of social workers in England
214 The Health and Care Professions Council
215 Functions of the Council in relation to social work in England
216 Appeals in cases involving social workers in England
217 Approval of courses for approved mental health professionals
218 Exercise of function of approving courses, etc.
219 Arrangements with other health or social care regulators
220 References in enactments to registered health professionals, etc.
221 Functions of the Secretary of State in relation to social care workers
222 The Professional Standards Authority for Health and Social Care
223 Functions of the Authority
225 Power to advise regulatory bodies, investigate complaints, etc.
226 Accountability and governance
227 Appointments to regulatory bodies
228 Establishment of voluntary registers
229 Accreditation of voluntary registers
230 Consequential provisions and savings, etc.
231 Abolition of the Office of the Health Professions Adjudicator
PART 8
The National Institute for Health and Care Excellence
232 The National Institute for Health and Care Excellence
235 Supply of quality standards to other persons
236 Advice or guidance to the Secretary of State or NHS England
237 Advice, guidance, information and recommendations
238 NICE recommendations: appeals
244 Arrangements with other bodies
245 Failure by NICE to discharge any of its functions
246 Protection from personal liability
247 Interpretation of this Part
248 Dissolution of predecessor body
249 Consequential and transitional provision
PART 9
Health and adult social care services: information
CHAPTER 1 Information standards
250 Powers to publish information standards
251 Information standards: procedure etc
251ZA Information standards: compliance
251ZB Notice requesting compliance by relevant IT providers
251ZC Public censure of relevant IT providers
251ZD Exercise of functions of Secretary of State by other persons
251ZE Accreditation of information technology etc
CHAPTER 1A Continuity of Information
251B Duty to share information
251C Continuity of information: interpretation
CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
252 The Health and Social Care Information Centre
253 NHS England data functions: general
Functions: information systems
254 Powers to direct NHS England to establish information systems
255 Powers to request NHS England to establish information systems
256 Requests for collection under section 255: confidential information
257 Requests under section 255: supplementary
258 Information systems: supplementary
259 Powers to require and request provision of information
260 Publication of information
261 Other dissemination of information
262 Other dissemination: directions and requests under sections 254 and 255
262A Publication and other dissemination: supplementary
263 Code of practice on confidential information
Functions: quality of health and social care information
266 Assessment of quality of information
267 Power to establish accreditation scheme
268 Database of quality indicators
269 Power to confer functions in relation to identification of GPs
271 Arrangements with other bodies
272 Failure by Information Centre to discharge any of its functions
273 Protection from personal liability
274 Powers of Secretary of State or NHS England to give directions
274A Secretary of State’s guidance about NHS England data functions
275 Interpretation of this Chapter
276 Dissolution of predecessor body
CHAPTER 3 Information about adult social care
277A Provision of adult social care information to Secretary of State
277B Restrictions on onward disclosure of information
277C Directions to certain bodies to exercise functions under this Chapter
277D Arrangements with third parties
277E Enforcement of provisions under this Part
277F Directions to Special Health Authority to exercise functions under section 277E
PART 10
Abolition of certain public bodies
278 The Alcohol Education and Research Council
279 The Appointments Commission
280 The National Information Governance Board for Health and Social Care
281 The National Patient Safety Agency
282 The NHS Institute for Innovation and Improvement
283 Standing advisory committees
PART 11
Miscellaneous
284 Special notices of births and deaths
285 Provision of information by Registrar General
286 Provision of information by Registrar General: Wales
287 Provision of statistical information by Statistics Board
288 Monitor: duty to co-operate with Care Quality Commission
289 Care Quality Commission: duty to co-operate with Monitor
290 Other duties to co-operate
291 Breaches of duties to co-operate
292 Requirement for Secretary of State to approve remuneration policy etc.
294 Failure to discharge functions
295 Arrangements between NHS England and Northern Ireland Ministers
296 Arrangements between NHS England and Scottish Ministers etc.
296A Arrangements between NHS England and devolved authorities in respect of education and training
297 Relationships between the health services
298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
299 Certificate of consent of community patients to treatment
301 Transfer schemes: supplemental
302 Transfer schemes in respect of previously transferred property
PART 12
Final provisions
303 Power to make consequential provision
304 Regulations, orders and directions
307 Commencement: consultation with Scottish Ministers
SCHEDULES
SCHEDULE 1 The National Health Service Commissioning Board
SCHEDULE 2 Clinical commissioning groups
SCHEDULE 3 Pharmaceutical remuneration
SCHEDULE 4 Amendments of the National Health Service Act 2006
SCHEDULE 5 Part 1: amendments of other enactments
SCHEDULE 6 Part 1: transitional provision
SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments
SCHEDULE 9 Requirements under section 77: undertakings
SCHEDULE 10 References by Monitor to the CMA
SCHEDULE 11 Further provision about NHS England’s enforcement powers
SCHEDULE 12 Procedure on references under section 120
SCHEDULE 13 Part 3: minor and consequential amendments
SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments
SCHEDULE 15 Part 7: consequential amendments and savings
SCHEDULE 16 The National Institute for Health and Care Excellence
SCHEDULE 17 Part 8: consequential amendments
SCHEDULE 18 The Health and Social Care Information Centre
SCHEDULE 19 Part 9: consequential amendments
SCHEDULE 20 Part 10: consequential amendments and savings
SCHEDULE 21 Amendments relating to relationships between the health services
Changes to legislation:
Health and Social Care Act 2012, Section 296A is up to date with all changes known to be in force on or before 23 October 2025. 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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PART 11Miscellaneous
Arrangements with devolved authorities etc.
F1296A.Arrangements between NHS England and devolved authorities in respect of education and training
(1)
NHS England may make arrangements with a devolved authority for NHS England—
(a)
to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;
(b)
to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.
(2)
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
(3)
Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
(4)
In this section—
“devolved authority” means—
(a)
the Scottish Ministers,
(b)
the Welsh Ministers, and
(c)
a Northern Ireland Minister.
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.