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Health and Social Care Act 2012

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Health and Social Care Act 2012

2012 c. 7

An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.

Enacted[27th March 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C14

PART 1 The health service in England

The health service: overview

I235I4401 Secretary of State's duty to promote comprehensive health service

For section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute—

I4412 The Secretary of State's duty as to improvement in quality of services

After section 1 of the National Health Service Act 2006 insert—

I4423 The Secretary of State's duty as to the NHS Constitution

After section 1A of the National Health Service Act 2006 insert—

I4434 The Secretary of State's duty as to reducing inequalities

After section 1B of the National Health Service Act 2006 insert—

F885 The Secretary of State's duty as to promoting autonomy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4446 The Secretary of State's duty as to research

After section 1D of the National Health Service Act 2006 insert—

I4457 The Secretary of State's duty as to education and training

After section 1E of the National Health Service Act 2006 insert—

I1098 Secretary of State's duty as to reporting on and reviewing treatment of providers

After section 1F of the National Health Service Act 2006 insert—

I393I4469 The NHS Commissioning Board

I2361 After section 1G of the National Health Service Act 2006 insert—
I2372 Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this Act.

I238I394I44710 Clinical commissioning groups

After section 1H of the National Health Service Act 2006 insert—

Arrangements for provision of health services

I44811 The Secretary of State's duty as to protection of public health

After section 2 of the National Health Service Act 2006 insert—

I44912 Duties as to improvement of public health

After section 2A of the National Health Service Act 2006 insert—

I45013 I1Duties of clinical commissioning groups as to commissioning certain health services

I3951 Section 3 of the National Health Service Act 2006 is amended as follows.
I3892 In subsection (1)—
a for the words from the beginning to “reasonable requirements” substitute “A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility”, and
b in each of paragraphs (d) and (e) for the words “as he considers” substitute “as the group considers”.
I3893 After that subsection insert—
I3894 After subsection (1E) insert—
I3895 Omit subsections (2) and (3).
6 For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning certain health services”.
7 For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health services”.
I3968 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before paragraph (za) insert—
.

I397I45114 Power of clinical commissioning groups as to commissioning certain health services

After section 3 of the National Health Service Act 2006 insert—

I39815 I2Power to require Board to commission certain health services

After section 3A of the National Health Service Act 2006 insert—

I45216 I3Secure psychiatric services

1 Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as follows.
2 In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must arrange for the provision of”.
3 In subsection (3)—
a after “may be provided” insert
, and
b after paragraph (a) insert
4 After subsection (3) insert—

17 Other services etc. provided as part of the health service

I4231 In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and services under this Act” substitute “about the provision of services for the purposes of the health service in England”.
I4232 Schedule 1 to that Act is amended as follows.
I4233 In paragraph 1 (medical inspection of pupils)—
a for “The Secretary of State” substitute “A local authority”, and
b for “local authorities” substitute “the local authority”.
I4234 In paragraph 2—
a in sub-paragraph (1)—
i for “The Secretary of State” substitute “A local authority”, and
ii omit “, by arrangement with any local authority,”,
b in sub-paragraph (2)—
i for “The Secretary of State” substitute “A local authority”,
ii after “educational establishment” insert “in its area”, and
iii for “a local authority” substitute “the local authority”, and
c omit sub-paragraph (3).
I4235 In paragraph 4—
a for “A local authority may not make an arrangement” substitute “A local authority may not provide for any medical inspection or treatment”, and
b for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
I4236 In paragraph 5—
a omit sub-paragraph (1)(a) and the word “and” immediately following it,
b in sub-paragraph (2)—
i omit “local authority or”,
ii for “the Secretary of State” substitute “a local authority”, and
iii for “him” substitute “it”.
I4237 In paragraph 7A (weighing and measuring of children)—
a for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
b in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
c in sub-paragraph (2) —
i after “any school” insert “in its area”, and
ii for “a local authority” substitute “the local authority”.
I4238 In paragraph 7B (regulations as to weighing and measuring of children)—
a in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
b in sub-paragraph (1)(d)—
i for “by the Secretary of State” substitute “by a local authority”, and
ii after “paragraph 7A” insert “and of any other prescribed information relating to the children concerned”, and
c in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under sub-paragraph (1)”.
I4239 After paragraph 7B insert—
I399I45310 In paragraph 9 (provision of vehicles for disabled persons)—
a the existing text becomes sub-paragraph (1),
b in that sub-paragraph—
i for “The Secretary of State may provide” substitute “A clinical commissioning group may make arrangements for the provision of”, and
ii for “persons appearing to him to be persons who have a physical impairment” substitute “persons for whom the group has responsibility and who appear to it to have a physical impairment”, and
c after that sub-paragraph insert—
I42311 In paragraph 10—
a in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
b in sub-paragraph (2) —
i for “The Secretary of State may” substitute “The clinical commissioning group may make arrangements for”,
ii in paragraph (a) for “adapt” substitute “the adaptation of”,
iii in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
iv in paragraph (c) for “take out” substitute “the taking out of”,
v in that paragraph for “pay” substitute “the payment of”,
vi in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
vii in that paragraph for “execute” substitute “the execution of”,
c in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
d in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
I42312 In paragraph 12 (provision of a microbiological service)—
a in sub-paragraph (1)—
i omit paragraph (a) and the word “and” immediately following it,
ii in paragraph (b) omit “other”, and
iii in that paragraph for “that service” substitute “a microbiological service provided under section 2A”, and
b omit sub-paragraph (2).
I239I45313 For paragraph 13 and the cross-heading preceding it substitute—

I45418 I4Regulations as to the exercise by local authorities of certain public health functions

1 After section 6B of the National Health Service Act 2006 insert—
2 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zza) insert—
.

I45519 I5Regulations relating to EU obligations

After section 6C of the National Health Service Act 2006 insert—

I40020 I6Regulations as to the exercise of functions by the Board or clinical commissioning groups

1 After section 6D of the National Health Service Act 2006 insert—
2 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzb) insert—
.

I24021 I7Functions of Special Health Authorities

1 Section 7 of the National Health Service Act 2006 (distribution of health service functions) is amended as follows.
2 For subsection (1) substitute—
3 Omit subsections (2) and (3).
4 For the heading to that section, and for the cross-heading preceding it, substitute “Functions of Special Health Authorities”.
5 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzc) insert—
.
6 In section 273 of that Act (further provision about orders and directions), in subsection (4)(b)—
a before paragraph (i) insert—
and
b in paragraph (i) after “a function” insert “of the Secretary of State”.

I241I45622 Exercise of public health functions of the Secretary of State

After section 7 of the National Health Service Act 2006 insert—

Further provision about the Board

I242I401I45723 I8The NHS Commissioning Board: further provision

1 In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert—
2 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (za) insert—
.

I243I45824 I9Financial arrangements for the Board

Before the cross-heading preceding section 224 of the National Health Service Act 2006 insert—

Further provision about clinical commissioning groups

I45925 I10Clinical commissioning groups: establishment etc.

I2441 After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
I2452 After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.

I246I402I42126 I11Clinical commissioning groups: general duties etc.

After section 14O of the National Health Service Act 2006 insert—

I247I46027 I12Financial arrangements for clinical commissioning groups

After section 223F of the National Health Service Act 2006 insert—

I46128 I13Requirement for primary medical services provider to belong to clinical commissioning group

1 In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms), after subsection (1) insert—
2 In section 94 of that Act (regulations about arrangements under section 92 of that Act for provision of primary medical services), after subsection (3) insert—

Further provision about local authorities' role in the health service

I46229 Other health service functions of local authorities under the 2006 Act

1 The National Health Service Act 2006 (c. 41) is amended as follows.
2 In section 111 (dental public health)—
a in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
b in subsection (2)—
i for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
ii in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
c after subsection (2) insert—
3 In section 249 (joint working with the prison service) after subsection (4) insert—

I46330 I14Appointment of directors of public health

In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74 insert—

I46431 Exercise of public health functions of local authorities

In Part 3 of the National Health Service Act 2006 after section 73A insert—

I46532 I15Complaints about exercise of public health functions by local authorities

In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert—

Abolition of Strategic Health Authorities and Primary Care Trusts

I46633 Abolition of Strategic Health Authorities

1 The Strategic Health Authorities continued in existence or established under section 13 of the National Health Service Act 2006 are abolished.
2 Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.

I46734 Abolition of Primary Care Trusts

1 The Primary Care Trusts continued in existence or established under section 18 of the National Health Service Act 2006 are abolished.
2 Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.

Functions relating to fluoridation of water

35 Fluoridation of water supplies

I4321 Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by the Water Act 2003, is amended as follows.
I4322 In section 87 (fluoridation of water supplies at request of relevant authorities), in subsection (3)(a) for sub-paragraph (i) substitute—
.
I4323 After subsection (3) of that section insert—
I4324 In subsection (4) of that section, for paragraph (a) substitute—
.
I4325 After subsection (7) of that section insert—
6 After subsection (7B) of that section (as inserted by subsection (5) above) insert—
I4327 Omit subsections (8) to (10) of that section.
I4328 In subsection (11) of that section for “a relevant authority” substitute “the Welsh Ministers”.
I4329 In section 87A (target concentration of fluoridation), after subsection (3) insert—
I43210 In section 87B (fluoridation arrangements: determination of terms), in subsection (2) —
a for paragraph (a) substitute—
b omit paragraph (b).
I43211 In that section, in subsection (4) for the words from the beginning to “section 87(8)(b) or (10)” substitute “Where a combined reference is made under section 87(7C)(b) or 87(7F)”.
I43212 In section 87C (fluoridation arrangements: compliance), omit subsection (8).
I43213 In section 89—
a in the heading, after “Consultation” insert “:Wales”,
b in subsections (1) and (4) for “a relevant authority” substitute “the Welsh Ministers”,
c in subsection (1) for “the appropriate authority” (in each place where it occurs) substitute “the Welsh Ministers”,
d in subsection (3), in paragraph (a) for “relevant authorities” substitute “the Welsh Ministers”,
e in subsection (4) for “the appropriate authority so directs” substitute “the Welsh Ministers so direct”, and
f omit subsection (5).
I43214 In section 90A (review of fluoridation) after subsection (5) insert—

I46836 I16Procedural requirements in connection with fluoridation of water supplies

After section 88A of the Water Industry Act 1991 insert—

I46937 Fluoridation of water supplies: transitional provision

1 In relation to any time on or after the commencement of section 35, any relevant arrangements which have effect immediately before its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1) of that Act.
2 In subsection (1) “relevant arrangements” means—
a any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991, and
b any arrangements which are treated as arrangements falling within paragraph (a) by virtue of section 91 of that Act (as it had effect immediately before the commencement of this section).
3 In its application to arrangements which are treated by virtue of subsection (1) as arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as if for subsection (3) there were substituted—
.
4 Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of that Act.

Functions relating to mental health matters

I47038 Approval functions

1 After section 12 of the Mental Health Act 1983 insert—
2 In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.
3 In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions”.
4 In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
5 In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB of that Act,”—
a in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the definition of “duly approved”,
b in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
c in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation), in the definition of “duly approved”,
F41d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
f in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.

I11139 Discharge of patients

1 In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
2 In section 24 of that Act (visiting and examination of patients), omit subsections (3) and (4).
3 In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to hospital and guardianship orders)—
a in Part 1, in paragraph 1, omit “24(3) and (4),”, and
b in Part 2, in paragraph 1, omit “24(3) and (4),”.
4 In consequence of the repeals made by this section—
a in the National Health Service and Community Care Act 1990, in Schedule 9—
i omit paragraph 24(3)(a) and the “and” following it, and
ii omit paragraph 24(4),
b in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
c in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
d in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a) and 54,
e in the Domestic Violence, Crime and Victims Act 2004—
i omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
ii in section 37A(7)(a), omit “, (5)”, and
iii in section 43A(7), omit “, (5)”, and
f in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).

I47140 I17After-care

I3901 Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
I3902 In subsection (2)—
a after “duty of the” insert “clinical commissioning group or”,
b omit “Primary Care Trust or” in each place it appears, and
c after “such time as the” insert “clinical commissioning group or”.
I3903 After subsection (2C) insert—
I3904 In subsection (3)—
a after “section “the” insert “clinical commissioning group or”,
b omit “Primary Care trust or” in each place it appears, and
c after “means the”, in the first place it appears, insert “clinical commissioning group or”.
5 In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert—
6 In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
7 In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
I3908 In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.

I47241 Provision of pocket money for in-patients

1 Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows.
2 In subsection (1)—
a for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
b for “he thinks fit” substitute “the Welsh Ministers think fit”,
c for “their” substitute “those persons'”,
d for “him” substitute “the Welsh Ministers”, and
e for “they” substitute “those persons”.
3 In subsection (2)—
a omit “the National Health Service Act 2006 and”, and
b for “either of those Acts” substitute “that Act”.
4 In section 146 of that Act (application to Scotland), omit “122,”.

I11242 Transfers to and from special hospitals

1 Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
2 In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—
a after paragraph (c), insert “or”,
b omit the “or” following paragraph (d), and
c omit paragraph (e).
3 In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.
4 In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.
5 This section does not affect—
a the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,
b that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or
c the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.

I47343 Independent mental health advocates

1 In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)—
a for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
b at the end insert “for whom the authority is responsible for the purposes of this section”.
2 In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
3 In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
4 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Mental Health Act 1983, at the appropriate place insert—
.

I11344 Patients' correspondence

1 In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)—
a before “the approved clinician” insert “or”, and
b omit “or the Secretary of State”.
2 Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State under section 134(1) of that Act and having effect immediately before the commencement of this section.

I47445 Notification of hospitals having arrangements for special cases

1 In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
a after “the duty of” insert “every clinical commissioning group and of”,
b omit “every Primary Care Trust and of”,
c after “the area of the” insert “clinical commissioning group or”,
d omit “Primary Care Trust or” in the first place it appears,
e after “available to the” insert “clinical commissioning group or”, and
f omit “Primary Care Trust or” in the second place it appears.
2 In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).

Emergency powers

I47546 Role of the Board and clinical commissioning groups in respect of emergencies

For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—

I47647 I18Secretary of State's emergency powers

1 Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
2 In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it is appropriate to do so”.
3 After subsection (1) insert—
4 For subsection (2) substitute—
5 After subsection (2A) insert—
6 Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
7 In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.

Miscellaneous

F9948 New Special Health Authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I47749 I19Primary care services: directions as to exercise of functions

1 After section 98 of the National Health Service Act 2006 insert—
2 After section 114 of that Act insert—
3 After section 125 of that Act insert—
4 After section 168 of that Act insert—

I47850 I20Charges in respect of certain public health functions

1 After section 186 of the National Health Service Act 2006 insert—
2 In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert—
.

I47951 Pharmaceutical services expenditure

1 After section 165 of the National Health Service Act 2006 insert—
2 After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.

I48052 Secretary of State's duty to keep health service functions under review

In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert—

I48153 Secretary of State's annual report

After section 247C of the National Health Service Act 2006 insert—

F46654 Certification of death

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Amendments related to Part 1 and transitional provision

I114I248I403I4821 Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect.
I249I4832 Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect.
I115I2503 Schedule 6 (which makes transitional provision in connection with this Part) has effect.

PART 2  Further provision about public health

I48456 Abolition of Health Protection Agency

1 The Health Protection Agency is abolished.
2 The Health Protection Agency Act 2004 is repealed.
3 Subsection (2) does not apply to—
a paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and
b section 11(1) of that Act so far as it gives effect to that paragraph.
4 Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect.

I48557 Functions in relation to biological substances

1 The appropriate authority must—
a devise standards for the purity and potency of biological substances,
b prepare, approve, hold and distribute standard preparations of biological substances,
c design appropriate procedures for testing biological substances,
d provide or arrange for the provision of laboratory facilities for testing biological substances,
e carry out tests on biological substances,
f examine records kept in connection with the manufacture and quality control of biological substances,
g report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
h carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g).
2 The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
3 Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
4 The appropriate authority must co-operate with the person in the exercise of those functions.
5 The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section.
6 The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
7 Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
8 In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.

I48658 Radiation protection functions

1 The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not).
2 The steps that may be taken under subsection (1) include—
a the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding;
b providing technical services (whether in laboratories or otherwise);
c providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
d providing training;
e providing information and advice;
f making available the services of any person or any facilities.
3 The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
4 The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
5 In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must—
a consult the body, and
b have regard to the body's policies.
6 Each of the following is a Health and Safety body—
a the Health and Safety Executive;
b the Health and Safety Executive for Northern Ireland.
c the Office for Nuclear Regulation.
7 In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
8 In this section, “the appropriate authority” means—
a the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998);
b the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998);
c the Secretary of State in any other case.
9 In this section, “the public” means—
a where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
b where the appropriate authority is the Scottish Ministers, the public in Scotland, and
c where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland.
10 This section does not apply in relation to England.

I11659 Repeal of AIDS (Control) Act 1987

1 The AIDS (Control) Act 1987 is repealed.
2 The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.

I48760 Co-operation with bodies exercising functions in relation to public health

1 In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert—
2 In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert—
.

PART 3 Regulation of health and adult social care services

CHAPTER 1 Monitor

F4961 Monitor

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F4962 General duties

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F4963 Secretary of State's guidance on duty under section 62(9)

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F4964 General duties: supplementary

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F4965 Power to give Monitor functions relating to adult social care services

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F4966 Matters to have regard to in exercise of functions

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F4967 Conflicts between functions

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F4968 Duty to review regulatory burdens

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F4969 Duty to carry out impact assessments

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F4970 Information

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F4971 Failure to perform functions

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CHAPTER 2 Competition

F9072 Functions under the Competition Act 1998

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F8973 Functions under Part 4 of the Enterprise Act 2002

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74 Competition functions: supplementary

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F912 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F914 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4887 In section 168 of that Act (regulated markets)—
a in subsection (3) (meaning of “relevant action”), after paragraph (o) insert—
,
b in subsection (4) (meaning of “relevant statutory functions”), after paragraph (q) insert—
, and
c in subsection (5) (meaning of “sectoral regulator”), after paragraph (i) insert—
.

F46875 Requirements as to procurement, patient choice and competition

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F46876 Requirements under section 75: investigations, declarations and directions

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F46877 Requirements under section 75: undertakings

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F46878 Guidance

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F9279 Mergers involving NHS foundation trusts

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F9380 Co-operation with the CMA

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CHAPTER 3 Licensing

Licensing requirement

I489I107481 I21Requirement for health service providers to be licensed

1 Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter.
2 Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service.

I49082 Deemed breach of requirement to be licensed

1 This section applies where a licence holder—
a in providing a health care service for the purposes of the NHS, carries on a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008), but
b is not registered under Chapter 2 of Part 1 of that Act in respect of the carrying on of that activity.
2 The licence holder is to be regarded as providing the service in breach of the requirement under section 81 to hold a licence.

I107583 I22Exemption regulations

1 Regulations (referred to in this section and section 84 as “exemption regulations”) may provide for the grant of exemptions from the requirement under section 81 in respect of—
a a prescribed person or persons of a prescribed description;
b the provision of a prescribed health care service or a health care service of a prescribed description.
2 Exemption regulations may grant an exemption—
a either generally or to the extent prescribed;
b either unconditionally or subject to prescribed conditions;
c indefinitely, for a prescribed period or for a period determined by or under the exemption.
3 Conditions subject to which an exemption may be granted include, in particular, conditions requiring any person providing a service pursuant to the exemption—
a to comply with any direction given by NHS England about such matters as are specified in the exemption or are of a description so specified,
b except to the extent that NHS England otherwise approves, to do, or not to do, such things as are specified in the exemption or are of a description so specified (or to do, or not to do, such things in a specified manner), and
c to refer for determination by NHS England such questions arising under the exemption as are specified in the exemption or are of a description so specified.
4 Before making exemption regulations the Secretary of State must give notice to—
F98a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b NHS England, and
c the Care Quality Commission and its Healthwatch England committee.
5 The Secretary of State must also publish a notice under subsection (4).
6 A notice under subsection (4) must—
a state that the Secretary of State proposes to make exemption regulations and set out their proposed effect,
b set out the Secretary of State's reasons for the proposal, and
c specify the period (“the notice period”) within which representations with respect to the proposal may be made.
7 The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5).
8 Where an exemption is granted the Secretary of State—
a if the exemption is granted to a prescribed person, must give notice of it to that person, and
b must publish the exemption.

I107684 I23Exemption regulations: supplementary

1 Regulations may revoke exemption regulations by which an exemption was granted to a person, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
a at the person's request,
b in accordance with any provision of the exemption regulations by which the exemption was granted, or
c if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
2 Regulations may revoke exemption regulations by which an exemption was granted to persons of a prescribed description, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
a in accordance with any provision of the exemption regulations by which the exemption was granted, or
b if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
3 The Secretary of State may by direction withdraw an exemption granted to persons of a description prescribed in exemption regulations for any person of that description—
a at the person's request,
b in accordance with any provision of the exemption regulations by which the exemption was granted, or
c if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect in the case of the person.
4 Subsection (5) applies where the Secretary of State proposes to—
a make regulations under subsection (1)(b) or (c) or (2), or
b give a direction under subsection (3)(b) or (c).
5 The Secretary of State must—
a consult the following about the proposal—
F101i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii NHS England;
iii the Care Quality Commission and its Healthwatch England committee;
b where the Secretary of State is proposing to make regulations under subsection (1)(b) or (c), give notice of the proposal to the person to whom the exemption was granted;
c where the Secretary of State is proposing to make regulations under subsection (2), publish the notice;
d where the Secretary of State is proposing to give a direction under subsection (3)(b) or (c), give notice of the proposal to the person from whom the Secretary of State proposes to withdraw the exemption.
6 The notice must—
a state that the Secretary of State proposes to make the regulations or give the direction (as the case may be),
b set out the Secretary of State's reasons for the proposal, and
c specify the period within which representations with respect to the proposal may be made.
7 The period so specified must be not less than 28 days beginning with the day after that on which the notice is received or (as the case may be) published.

Licensing procedure

I491I107185 Application for licence

1 A person seeking to hold a licence under this Chapter must make an application to NHS England.
2 The application must be made in such form, and contain or be accompanied by such information, as NHS England requires.

I492I107286 Licensing criteria

1 NHS England must set and publish the criteria which must be met by a person in order for that person to be granted a licence under this Chapter.
2 NHS England may revise the criteria and, if it does so, must publish them as revised.
3 NHS England may not set or revise the criteria unless the Secretary of State has by order approved the criteria or (as the case may be) revised criteria.

I493I107787 Grant or refusal of licence

1 This section applies where an application for a licence has been made under section 85.
2 If NHS England is satisfied that the applicant meets the criteria for holding a licence for the time being published under section 86 it must as soon as reasonably practicable grant the application; otherwise it must refuse it.
3 On granting the application, NHS England must issue a licence to the applicant.
4 A licence issued under this section is subject to—
a such of the standard conditions (see section 94) as are applicable to the licence, and
b such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “the special conditions”), and
c any conditions included in the licence by virtue of section 111 (imposition of licence conditions on NHS foundation trusts during transitional period).

87A Application and grant: NHS trusts

1 An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as—
a having made an application for a licence under section 85, and
b having met the criteria for holding a licence for the time being published under section 86.
2 An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51(1) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day.

I49488 Application and grant: NHS foundation trusts

1 This section applies where—
a an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or
b an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations).
2 The NHS foundation trust is to be treated by NHS England as having—
a duly made an application for a licence under section 85, and
b met the criteria for holding a licence for the time being published under section 86.
3 An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.

I49589 Revocation of licence

NHS England may at any time revoke a licence under this Chapter—
a on the application of the licence holder, or
b if NHS England is satisfied that the licence holder has failed to comply with a condition of the licence.

90 Right to make representations

1 NHS England must give notice—
I1078a to an applicant for a licence under this Chapter of a proposal to refuse the application;
I496b to the licence holder of a proposal to revoke a licence under section 89(b).
I4962 A notice under this section must—
a set out NHS England’s reasons for its proposal;
b specify the period within which representations with respect to the proposal may be made to NHS England.
I4963 The period so specified must be not less than 28 days beginning with the day after that on which the notice is received.

91 Notice of decisions

1 This section applies if NHS England decides to—
I1079a refuse an application for a licence under section 87, or
I434b revoke a licence under section 89(b).
I4342 NHS England must give notice of its decision to the applicant or the licence holder (as the case may be).
I4343 A notice under this section must explain the right of appeal conferred by section 92.
I4344 A decision of NHS England to revoke a licence under section 89(b) takes effect on such day as may be specified by NHS England, being a day no earlier than—
a if an appeal is brought under section 92, the day on which the decision on appeal is confirmed or the appeal is abandoned,
b where the licence holder notifies NHS England before the end of the period for bringing an appeal under section 92 that the licence holder does not intend to appeal, the day on which NHS England receives the notification, or
c the day after that period.

92 Appeals to the Tribunal

1 An appeal lies to the First-tier Tribunal against a decision of NHS England to—
I1080a refuse an application for a licence under section 87, or
I497b revoke a licence under section 89(b).
I4972 The grounds for an appeal under this section are that the decision was—
a based on an error of fact,
b wrong in law, or
c unreasonable.
I4973 On an appeal under this section, the First-tier Tribunal may—
a confirm NHS England’s decision,
b direct that the decision is not to have effect, or
c remit the decision to NHS England.

I49893 I24Register of licence holders

1 NHS England must maintain and publish a register of licence holders.
2 The register may contain such information as NHS England considers appropriate for the purpose of keeping members of the public informed about licence holders including, in particular, information about the revocation of any licence under this Chapter.
3 NHS England must secure that copies of the register are available at its offices for inspection at all reasonable times by any person.
4 Any person who asks NHS England for a copy of, or an extract from, the register is entitled to have one.
5 Regulations may provide that subsections (3) and (4) do not apply—
a in such circumstances as may be prescribed, or
b to such parts of the register as may be prescribed.
6 A fee determined by NHS England is payable for the copy or extract except—
a in such circumstances as may be prescribed, or
b in any case where NHS England considers it appropriate to provide the copy or extract free of charge.

Licence conditions

I49994 I25Standard conditions

I3221 NHS England must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “the standard conditions”).
I3222 Different standard conditions may be determined for different descriptions of licences.
I3223 For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by reference to—
a the nature of the licence holder,
b the services provided under the licence, or
c the areas in which those services are provided.
I3224 But different standard conditions must not be determined for different descriptions of licences to the extent that the description is framed by reference to the nature of the licence holder unless NHS England considers that at least one of requirements 1 and 2 is met.
I3225 Requirement 1 is that—
a the standard conditions in question relate to the governance of licence holders, and
b it is necessary to determine different standard conditions in order to take account of differences in the status of different licence holders.
I3226 Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring that the burdens to which different licence holders are subject as a result of holding a licence are broadly consistent.
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I32795 Special conditions

1 NHS England may—
I435a F59... include a special condition in a licence under this Chapter, and
I1059b F62... modify a special condition of a licence.
I4352 Before including a special condition or making such modifications NHS England must give notice to—
a the applicant or the licence holder (as the case may be),
b the Secretary of State,
F64c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d such integrated care boards as are likely to be affected by the proposed inclusion or modifications, and
e the Care Quality Commission and its Healthwatch England committee.
I4353 NHS England must also publish the notice under subsection (2).
I4354 The notice under subsection (2) must—
a state that NHS England proposes to include the special condition or make the modifications and set out its or their proposed effect,
b set out NHS England’s reasons for the proposal, and
c specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.
I4355 The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
I10596 In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

I32896 I26Limits on NHS England’s functions to set or modify licence conditions

1 This section applies to the following functions of NHS England —
I1073a the duty to determine the standard conditions to be included in each licence under this Chapter or in licences of a particular description (see section 94);
I1073b the powers to include a special condition in a licence and to modify such a condition (see section 95);
I1060c the power to modify the standard conditions applicable to all licences, or to licences of a particular description (see section 100).
I10732 NHS England may only exercise a function to which this section applies—
a for the purpose of regulating the price payable for the provision of health care services for the purposes of the NHS;
b for the purpose of preventing anti-competitive behaviour in the provision of health care services for those purposes which is against the interests of people who use such services;
c for the purpose of protecting and promoting the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS;
d for the purpose of ensuring the continued provision of health care services for the purposes of the NHS;
da for the purpose of ensuring that decisions relating to the provision of health care services for the purposes of the NHS are made with regard to all their likely effects in relation to the matters referred to in subsection (2A);
e for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
f for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
g for the purpose of enabling, promoting or securing co-operation between providers of health care services for the purposes of the NHS, or between such providers and—
i NHS bodies, within the meaning of section 72 of the National Health Service Act 2006, or
ii local authorities in England (and for this purpose “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006);
h for purposes connected with the governance of persons providing health care services for the purposes of the NHS;
i for purposes connected with NHS England’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;
j for purposes connected with the operation of the licensing regime established by this Chapter;
k for such other purposes as may be prescribed.
2A The matters referred to in subsection (2)(da) are—
a the health and well-being of the people of England;
b the quality of services provided to individuals—
i by relevant bodies, or
ii in pursuance of arrangements made by relevant bodies,
for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;
c efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
2B For the purposes of subsection (2)(da) (as read with subsection (2A))—
a a reference to the effects of decisions in relation to the health and well-being of the people of England includes a reference to the effects of the decisions in relation to inequalities between the people of England with respect to their health and well-being;
b a reference to effects of decisions in relation to the quality of services provided to individuals includes a reference to the effects of the decisions in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
2C In subsection (2A) “relevant bodies” means—
a NHS England,
b integrated care boards,
c NHS trusts established under section 25, and
d NHS foundation trusts.
I10733 The objectives referred to in subsection (2)(e), and (f) are—
a improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,
b reducing inequalities between persons with respect to their ability to access those services, and
c reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
I10734 NHS England must not exercise a function to which this section applies in a way which it considers would result in a particular licence holder or holders of licences of a particular description being put at an unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes of the NHS as a result of—
a being in the public or (as the case may be) private sector, or
b some other aspect of its or their status.
I10735 In subsection (2)(f), “health-related services” and “social care services” each have the meaning given in section 62(11).

I329I50097 I27Conditions: supplementary

1 The standard or special conditions of a licence under this Chapter may, in particular, include conditions—
a requiring the licence holder to pay to NHS England such fees of such amounts as NHS England may determine in respect of the exercise by NHS England of its functions under this Chapter,
b requiring the licence holder to comply with any requirement imposed on it by NHS England under Chapter 6 (financial assistance in special administration cases),
c requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services,
d requiring the licence holder to give notice to the CMA before entering into an arrangement under which, or a transaction in consequence of which, the licence holder's activities, and the activities of one or more other businesses, cease to be distinct activities,
e requiring the licence holder to provide NHS England with such information as NHS England considers necessary for the purposes of the exercise of its functions under this Part,
f requiring the licence holder to publish such information as may be specified or as NHS England may direct,
g requiring the licence holder to charge for the provision of health care services for the purposes of the NHS in accordance with the NHS payment scheme (see section 114A),
h requiring the licence holder to comply with other rules published by NHS England about the charging for the provision of health care services for the purposes of the NHS,
i requiring the licence holder—
i to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to ensure the continued provision of one or more of the health care services that the licence holder provides for the purposes of the NHS,
ii to give NHS England notice (of such period as may be determined by or under the licence) of the licence holder's intention to cease providing a health care service for the purposes of the NHS, and
iii if NHS England so directs, to continue providing that service for a period determined by NHS England,
j about the use or disposal by the licence holder of assets used in the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes, and
k about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes.
2 In subsection (1) “specified” means specified in a condition.
3 NHS England must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide another licence holder with access to facilities of A.
4 A condition under subsection (1)(d)—
a may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and
b ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence.
5 The references in subsection (1)(d) to the activities of a licence holder or other business include a reference to part of the activities concerned.
6 The references in subsections (1)(d) and (5) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business.
7 A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect, at such times and in such circumstances as may be determined by or under the conditions.

I50198 I28Conditions relating to the continuation of the provision of services etc.

I3301 The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—
a providing information to the commissioners of services to which the condition applies and to such other persons as NHS England may direct,
b allowing NHS England to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
c co-operating with such persons as NHS England may appoint to assist in the management of the licence holder's affairs, business and property.
I3302 A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
3 Where a licence includes a condition under section 97(1)(i), (j) or (k), NHS England must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
I3314 NHS England must publish guidance—
a for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
b for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
5 A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
5A In subsections (4)(a) and (5) “commissioner” does not include NHS England.
6 NHS England may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
I3317 Before publishing guidance under subsection (4) or (6), NHS England must obtain the approval of—
a the Secretary of State, F132...
F132b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I50299 Notification of commissioners where continuation of services at risk

1 This section applies where NHS England—
a takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and
b does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
2 In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.
3 NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—
a of the action it has taken, and
b of its reasons for being satisfied as mentioned in subsection (1)(b).
4 NHS England must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of NHS England’s reasons for being satisfied as mentioned in subsection (1)(b).
5 F134... Integrated care boards, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.

I1061100 I29Modification of standard conditions

1 NHS England may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
1A Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must—
a carry out an assessment of the likely impact of the modifications, or
b publish a statement setting out its reasons for concluding that such assessment is not needed.
2 Before making any modifications under subsection (1) NHS England must give notice to—
a each relevant licence holder,
b the Secretary of State,
F154c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d every integrated care board, and
e the Care Quality Commission and its Healthwatch England committee.
3 NHS England must also publish the notice under subsection (2).
4 The notice under subsection (2) must—
a state that NHS England proposes to make the modifications,
b set out the proposed effect of the modifications,
ba set out any impact assessment carried out by NHS England under subsection (1A)(a),
c set out NHS England’s reasons for the proposal, and
d specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.
5 The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
F1606 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1607 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1608 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1609 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Where NHS England modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, NHS England—
a may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,
b must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
c must publish the modifications.
11 In this sectionF152..., “relevant licence holder”—
a in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and
b in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.
12 In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

F139101 Modification references to the CMA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I503102 I30Modification of conditions by order under other enactments

1 This section applies where the CMA or Secretary of State (the “relevant authority”) makes a relevant order.
2 A relevant order may modify—
a the conditions of a particular licence, or
b the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
3 The modifications which may be made by a relevant order are those which the relevant authority considers necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
4 In this section “relevant order” means—
a an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS;
b an order under any of those provisions of that Act where one or more of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS;
c an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to—
i the commissioning by NHS England or an integrated care board of health care services for the purposes of the NHS, or
ii the provision of those services.
5 The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
6 Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, the relevant authority—
a may, after consultation with NHS England, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any other conditions of any licence which is affected by the modifications,
b must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
c must publish any modifications it makes under paragraph (b).
7 Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.
8 In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

I504I1062103 Standard condition as to transparency of certain criteria

I3321 The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—
a set transparent eligibility and selection criteria, and
b apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
I3322 “Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
a whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
b if the person is selected, the manner in which the services are provided to the person.
3 The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—
a the power conferred on NHS England by section 100 to modify the standard conditions applicable to all licences, or to licences of a particular description,
F161b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
c the powers conferred by section 102 on the CMA and Secretary of State to modify those conditions or the conditions of a particular licence.

Enforcement

104 Power to require documents and information

I3331 NHS England may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
2 The persons are—
I333a an applicant for a licence under this Chapter,
I505b a licence holder,
I1081c a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter,
I1081d a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement,
F144I506e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
I333f an integrated care board.
I3333 The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
4 In this section “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.

105 I31Discretionary requirements

1 NHS England may impose one or more discretionary requirements on a person if NHS England is satisfied that the person—
I1082a has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter (see section 81),
I507b is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
I507c is in breach of a requirement imposed by NHS England under section 104.
2 In this Chapter, “discretionary requirement” means—
I1063a a requirement to pay a monetary penalty to NHS England of such amount as NHS England may determine (referred to in this Chapter as a “variable monetary penalty”),
I507b a requirement to take such steps within such period as NHS England may specify, to secure that the breach in question does not continue or recur (referred to in this Chapter as a “compliance requirement”), or
I507c a requirement to take such steps within such period as NHS England may specify, to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred (referred to in this Chapter as a “restoration requirement”).
I5073 NHS England must not impose discretionary requirements on a person on more than one occasion in relation to the same breach.
I10634 A variable monetary penalty must not exceed 10% of the turnover in England of the person on whom it is imposed, such amount to be calculated in the prescribed manner.
I10635 If the whole or any part of a variable monetary penalty is not paid by the time it is required to be paid, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; but the total interest must not exceed the amount of the penalty.

106 I32Enforcement undertakings

1 NHS England may accept an enforcement undertaking from a person if NHS England has reasonable grounds to suspect that the person—
I1083a has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter,
I436b is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
I436c is in breach of a requirement imposed by NHS England under section 104.
I4362 In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.
I4363 The specified action must be—
a action to secure that the breach in question does not continue or recur,
b action to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred,
c action (including the payment of a sum of money) to benefit—
i any other licence holder affected by the breach, or
ii any commissioner of health care services for the purposes of the NHS which is affected by the breach, or
d action of such a description as may be prescribed.
I4364 Where NHS England accepts an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—
a NHS England may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and
b if the breach to which the undertaking relates falls within subsection (1)(b), NHS England may not revoke that person's licence under section 89(b).
I4365 Where a person from whom NHS England has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, NHS England must take the partial compliance into account in deciding whether—
a to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or
b if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person's licence under section 89(b).

I1064I1065107 Further provision about enforcement powers

Schedule 11 (Part 1 of which makes further provision about discretionary requirements and Part 2 of which makes further provision about enforcement undertakings) has effect.

108 Guidance as to use of enforcement powers

I324I4331 NHS England must publish guidance about how it intends to exercise its functions under sections 105 and 106 and Schedule 11.
I324I4332 NHS England may revise the guidance and, if it does so, must publish the guidance as revised.
I324I4333 NHS England must consult such persons as it considers appropriate before publishing or revising the guidance.
I324I4334 Guidance relating to NHS England’s functions under section 105 must include information about—
a the circumstances in which NHS England is likely to impose a discretionary requirement,
b the circumstances in which NHS England may not impose a discretionary requirement,
c the matters likely to be taken into account by NHS England in determining the amount of any variable monetary penalty to be imposed (including, where relevant, any discounts for voluntary reporting of breaches in respect of which a penalty may be imposed), and
d rights to make representations and rights of appeal.
I5085 NHS England must have regard to the guidance or (as the case may be) revised guidance in exercising its functions under sections 105 and 106 and Schedule 11.

I509109 Publication of enforcement action

1 NHS England must include information about the following in its annual report—
a the cases in which a discretionary requirement has been imposed during the financial year to which the report relates, and
b the cases in which an enforcement undertaking has been accepted during that financial year.
2 But NHS England must not include information which it is satisfied is—
a commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
b information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
3 The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.

I510110 Notification of enforcement action

1 As soon as reasonably practicable after imposing a discretionary requirement or accepting an enforcement undertaking NHS England must notify the following of that fact—
F178a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b such integrated care boards as are likely to be affected by the imposition of the requirement or the acceptance of the undertaking, and
c any person exercising regulatory functions in relation to the person on whom the discretionary requirement was imposed or from whom the enforcement undertaking was accepted.
2 In subsection (1) “regulatory functions” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (see section 32 of that Act).

Transitional provision

I511111 Imposition of licence conditions on NHS foundation trusts

1 Where NHS England is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, NHS England may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
2 The circumstances in which NHS England may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing—
a to secure compliance with conditions in the trust’s licence, or
b to take steps to reduce the risk of a breach of a condition in the trust’s licence.
2A Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, NHS England may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates.
3 A condition included under subsection (1) or (2A) has effect until this section ceases, by virtue of section 112, to have effect in relation to the trust.
4 NHS England may modify a condition included under subsection (1) or (2A).
5 Where NHS England is satisfied that the trust has breached or is breaching a condition included under subsection (1) or (2A), NHS England may by notice require the trust to—
a remove one or more of the directors or members of the council of governors and appoint interim directors or members of the council;
b suspend one or more of the directors or members of the council from office as a director or member for a specified period;
c disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period.
6 Where NHS England is satisfied that a person has failed or is failing to comply with a notice under subsection (5), NHS England may do one or more of the things which it may require the trust to do under that subsection.
7 Subsection (5) does not prevent NHS England from exercising in relation to a condition included in a licence under subsection (1) or (2A) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
8 Where NHS England includes a condition under subsection (1) or (2A), it may also make such incidental or consequential modifications as it considers necessary or expedient of any other condition of the licence concerned which is affected.
9 Where NHS England includes a condition under subsection (1) or (2A) by modifying a standard condition of the licence concerned, the modification does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
10 In this section, a reference to failing to discharge functions includes a reference to failing to discharge those functions properly.
11 Omit section 52 of the National Health Service Act 2006 (failing NHS foundation trusts); and in consequence of that, omit—
a section 39(2)(f) of that Act (copy of notice under section 52 of that Act to be on register), and
b paragraph 22(1)(f) of Schedule 7 to that Act (copy of that notice to be available for public inspection).

I512112 I33Duration of transitional period

1 Section 111 ceases to have effect in relation to an NHS foundation trust on such day as the Secretary of State may by order specify.
2 Different days may be appointed in relation to different NHS foundation trusts.
3 A day specified under subsection (1) must not—
a in the case of an NHS foundation trust authorised on or before 1 April 2014, be before 1 April 2016;
b in the case of an NHS foundation trust authorised after 1 April 2014, be before the end of the period of two years beginning with the day on which the trust was authorised.
4 In this section, a reference to being authorised is a reference to being given an authorisation under section 35 of the National Health Service Act 2006.
5 Section 111 is repealed as soon as there are—
a no NHS foundation trusts in relation to which it has effect, and
b no NHS trusts in existence F352....

I513113 Orders under section 112: criteria for deciding applicable trusts

1 Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify NHS England.
2 NHS England, having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply.
3 Before setting criteria under subsection (2), NHS England must—
a consult the Care Quality Commission and such other persons as NHS England considers appropriate, and
b obtain the approval of the Secretary of State.
4 If the Secretary of State approves the proposed criteria, NHS England must—
a publish the criteria,
b determine, by applying the criteria, to which trusts the order should apply,
c notify the Secretary of State of its determination, and
d publish a list of the trusts concerned.
5 If the Secretary of State does not approve the proposed criteria, NHS England must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed.
6 The Secretary of State, having received a notification under subsection (4)(c), must review NHS England’s determination under subsection (4)(b).

I514114 Repeal of sections 112 and 113

1 Sections 112 and 113 are repealed immediately after section 111 is repealed; and in consequence of that—
a in section 67(2)(a), omit “or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period)”,
b omit section 67(3),
c in section 87(4), after paragraph (a) insert “and”, and
d in section 87(4), omit paragraph (c) and the preceding “and”.
2 This section is repealed immediately after sections 112 and 113 are repealed.

CHAPTER 4 The NHS payment scheme

114A The NHS payment scheme

1 NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner—
a for the provision of health care services for the purposes of the NHS;
b for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act.
2 The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection.
3 Rules under subsection (1) may, in particular—
a specify prices;
b specify amounts, formulae or other matters on the basis of which prices are to be determined;
c provide for prices to be determined for, or by reference to, components of services or groups of services;
d make different provision for different services or provision for some services but not others;
e make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision;
f confer a discretion on the commissioner of a service or on NHS England.
4 Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service.
5 Rules made by virtue of subsection (4) may—
a make provision about how the price is to be agreed;
b allow the agreement to make any provision that could be made by rules by virtue of subsection (3);
c provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement.
6 For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1)(a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1), have regard to—
a differences in the costs incurred in providing those services to persons of different descriptions, and
b differences between providers with respect to the range of those services that they provide.
7 The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service.
8 The NHS payment scheme may contain guidance as to the application of rules under subsection (1).
9 A commissioner of a service mentioned in subsection (1) must have regard to any such guidance.
10 The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect.

114B The NHS payment scheme: enforcement

Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction—
a to secure that the failure does not continue or recur, or
b to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred.

114C The NHS payment scheme: impact assessment and consultation

1 Before publishing the NHS payment scheme, NHS England must—
a carry out an assessment of the likely impact of the proposed scheme, or
b publish a statement setting out its reasons for concluding that such assessment is not needed.
2 Before publishing the NHS payment scheme, NHS England must consult the following—
a each integrated care board;
b each relevant provider;
c such other persons as NHS England considers appropriate.
3 NHS England must give those persons a notice—
a describing the proposed NHS payment scheme,
b setting out any impact assessment carried out under subsection (1)(a), and
c specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
4 The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
5 NHS England must publish the notice given under subsection (3).
6 If, having consulted under this section—
a NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
b it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under this section.
7 Subsection (6) does not apply where section 114D applies.
8 In this section “relevant provider” means—
a a licence holder, or
b another person, of a prescribed description, that provides—
i health care services for the purposes of the NHS, or
ii services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).

114D Objections to proposed NHS payment scheme

1 This section applies where—
a within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and
b either or both of the following apply—
i the objection percentage for integrated care boards exceeds the prescribed percentage;
ii the objection percentage for relevant providers exceeds the prescribed percentage.
2 In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.
3 NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.
4 If, having complied with subsection (3)—
a NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
b it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under section 114C.
5 If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—
a publish a notice stating that decision and setting out the reasons for it, and
b send a copy of the notice to—
i the persons consulted under subsection (3), and
ii the integrated care boards or relevant providers from whom objections were received.

114E Amendments of the NHS payment scheme

1 NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.
2 In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—
a the proportion of integrated care boards that would be affected by the proposed amendments;
b the proportion of relevant providers that would be affected by the proposed amendments;
c the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;
d whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;
e the amount of any increase or decrease in prices that would result from the proposed amendments.
3 If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.
4 Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments—
a any integrated care boards that would be affected by the proposed amendments;
b any relevant providers that would be affected by the proposed amendments;
c such other persons as NHS England considers appropriate.
5 NHS England must publish a notice specifying—
a the proposed amendments, and
b when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.
6 The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
7 NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4).

114F Interpretation

In this Chapter—
  • “commissioner”, in relation to a service, means the person who arranges for the provision of the service;
  • “the NHS payment scheme” means the document published under section 114A(1);
  • “relevant provider” has the meaning given by section 114C(8).

F461115 Price payable by commissioners for NHS services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461116 The national tariff

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461117 The national tariff: further provision

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F461118 Consultation on proposals for the national tariff

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461119 Consultation: further provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461120 Responses to consultation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461121 Determination on reference under section 120

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F461122 Changes following determination on reference under section 120

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F461123 Power to veto changes proposed under section 122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461124 Local modifications of prices: agreements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461125 Local modifications of prices: applications

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F461126 Applications under section 125: notification of commissioners

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F461127 Correction of mistakes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 5 Health special administration

128 Health special administration orders

1 In this Chapter “health special administration order” means an order which—
a is made by the court in relation to a relevant provider, and
b directs that the affairs, business and property of the provider are to be managed by one or more persons appointed by the court.
2 An application to the court for a health special administration order may be made only by NHS England.
3 A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health special administrator”.
4 A health special administrator of a company—
a is an officer of the court, and
b in exercising functions in relation to the company, is the company's agent.
5 A person is not to be the health special administrator of a company unless the person is qualified to act as an insolvency practitioner in relation to the company.
6 A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator's functions, so as to—
a achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
b in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services provided by the provider is carried on in accordance with any requirements or conditions imposed in respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
c so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the provider as a whole, and
d so far as is consistent with that objective and subject to those interests, protect the interests of the members of the provider as a whole.
7 In relation to a health special administration order applying to a non-GB company, references in this Chapter to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.
8 In this section—
a a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualifications);
b “regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act).
9 In this Chapter—
  • “business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that Act);
  • “company” includes a company not registered under the Companies Act 2006;
  • “court”, in relation to a company, means the court—
    1. having jurisdiction to wind up the company, or
    2. that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland);
  • “member” is to be read in accordance with section 250 of the Insolvency Act 1986;
  • “non-GB company” means a company incorporated outside Great Britain;
  • “relevant provider” means a company which is providing services to which a condition included in the company's licence under section 97(1)(i), (j) or (k) applies;
  • “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

129 Objective of a health special administration

1 The objective of a health special administration is to secure—
a the continued provision of such of the health care services provided for the purposes of the NHS by the company subject to the health special administration order, at such level, as the commissioners of those services determine by applying criteria specified in health special administration regulations (see section 130), and
b that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special administration order to remain in force for that purpose.
2 Those means are—
a the rescue as a going concern of the company subject to the health special administration order, and
b one or more transfers falling within subsection (3).
3 A transfer falls within this subsection if it is a transfer as a going concern—
a to another person, or
b as respects different parts of the undertaking of the company subject to the health special administration order, to two or more other persons,
of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the health special administration.
4 The means by which a transfer falling within subsection (3) may be effected include in particular—
a a transfer of the undertaking of the company subject to the health special administration order, or of part of its undertaking, to a wholly-owned subsidiary of that company, and
b a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).
5 The objective of a health special administration may be achieved by transfers to the extent only that—
a the rescue as a going concern of the company subject to the health special administration order is not reasonably practicable or is not reasonably practicable without such transfers,
b the rescue of the company as a going concern will not achieve that objective or will not do so without such transfers,
c such transfers would produce a result for the company's creditors as a whole that is better than the result that would be produced without them, or
d such transfers would, without prejudicing the interests of its creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without them.

130 I34Health special administration regulations

1 Regulations (referred to in this Chapter as “health special administration regulations”) must make further provision about health special administration orders.
2 Health special administration regulations may apply with or without modifications—
a any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and
b any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
3 Health special administration regulations may, in particular, provide that the court may make a health special administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be just and equitable (disregarding the objective of the health special administration) to wind up the provider in the public interest.
4 Health special administration regulations may make provision about—
a the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and
b the enforcement of security over property of relevant providers.
5 Health special administration regulations may, in particular, make provision about the publication and maintenance by NHS England of a list of relevant providers.
6 Health special administration regulations may in particular—
a require NHS England to publish guidance for commissioners about the application of the criteria referred to in section 129(1)(a);
b confer power on NHS England to revise guidance published by virtue of paragraph (a) and require it to publish guidance so revised;
c require NHS England, before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the Secretary of State F185...;
d require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such matters as NHS England may specify in guidance published by virtue of paragraph (a) or (b);
e require NHS England to make arrangements for facilitating agreement between commissioners in their exercise of their function under section 129(1)(a);
f confer power on NHS England, where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
g provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged;
h require a health special administrator to carry out in accordance with the regulations consultation on the action which the administrator recommends should be taken in relation to the provider concerned.
7 Health special administration regulations may modify this Chapter or any enactment mentioned in subsection (8) in relation to any provision made by virtue of this Chapter.
8 The enactments are—
a the Insolvency Act 1986, and
b any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
9 The power to make rules under section 411 of the Insolvency Act 1986 (company insolvency rules) applies for the purpose of giving effect to provision made by virtue of this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act.
10 For that purpose—
a the power to make rules in relation to England and Wales is exercisable by the Lord Chancellor with the concurrence of the Secretary of State and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice;
b the power to make rules in relation to Scotland is exercisable by the Secretary of State;
c references in section 411 of that Act to those Parts are to be read as including a reference to this Chapter.
11 Before making health special administration regulations the Secretary of State must consult such persons as the Secretary of State considers appropriate.

131 I35Transfer schemes

1 Health special administration regulations may make provision about transfer schemes to achieve the objective of a health special administration (see section 129).
2 Health special administration regulations may, in particular, include provision—
a for the making of a transfer scheme to be subject to the consent of NHS England and the person to whom the transfer is being made,
b for NHS England to have power to modify a transfer scheme with the consent of parties to the transfers effected by the scheme, and
c for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as NHS England may specify (which may be a time before the modifications were made).
3 Health special administration regulations may, in particular, provide that a transfer scheme may include provision—
a for the transfer of rights and liabilities under or in connection with a contract of employment from a company subject to a health special administration order to another person,
b for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a company subject to a health special administration order to another person,
c for the transfer of property, rights and liabilities which would not otherwise be capable of being transferred or assigned,
d for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,
e for the creation of interests or rights, or the imposition of liabilities, and
f for the transfer, or concurrent exercise, of functions under enactments.

132 I36Indemnities

Health special administration regulations may make provision about the giving by NHS England of indemnities in respect of—
a liabilities incurred in connection with the discharge by health special administrators of their functions, and
b loss or damage sustained in that connection.

133 I37Modification of this Chapter under Enterprise Act 2002

1 The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of provision made by virtue of this Chapter as the Secretary of State considers appropriate in connection with any other provision made under that section.
2 Those sections are—
a sections 248 and 277 (amendments consequential on that Act), and
b section 254 (power to apply insolvency law to foreign companies).

CHAPTER 6 Financial assistance in special administration cases

Establishment of mechanisms

134 I38Duty to establish mechanisms for providing financial assistance

1 NHS England must establish, and secure the effective operation of, one or more mechanisms for providing financial assistance in cases where a provider of health care services for the purposes of the NHS (referred to in this Chapter as a “provider”) is subject to—
a a health special administration order (within the meaning of Chapter 5), or
b an order under section 65D(2) of the National Health Service Act 2006 (trust special administration for NHS foundation trusts).
2 Mechanisms that NHS England may establish under this section include, in particular—
a mechanisms for raising money to make grants or loans or to make payments in consequence of indemnities given by NHS England by virtue of section 132 or under section 65D(12) of the National Health Service Act 2006;
b mechanisms for securing that providers arrange, or are provided with, insurance facilities.
3 NHS England may secure that a mechanism established under this section operates so as to enable it to recover the costs it incurs in establishing and operating the mechanism.
4 NHS England may establish different mechanisms for different providers or providers of different descriptions.
5 NHS England does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under this Chapter.
6 An order under section 306 providing for the commencement of this Chapter may require NHS England to comply with the duty to establish under subsection (1) before such date as the order specifies.

135 Power to establish fund

1 NHS England may, for the purposes of section 134, establish and maintain a fund.
2 In order to raise money for investment in a fund it establishes under this section, NHS England may impose requirements on providers or integrated care boards.
3 NHS England must appoint at least two managers for a fund it establishes under this section.
4 A manager of a fund may be an individual, a firm or a body corporate.
5 NHS England must not appoint an individual as manager of a fund unless it is satisfied that the individual has the appropriate knowledge and experience for managing investments.
6 NHS England must not appoint a firm or body corporate as manager of a fund unless it is satisfied that arrangements are in place to secure that any individual who will exercise functions of the firm or body corporate as manager will, at the time of doing so, have the appropriate knowledge and experience for managing investments.
7 NHS England must not appoint an individual, firm or body corporate as manager of a fund unless the individual, firm or body is an authorised or exempt person within the meaning of the Financial Services and Markets Act 2000.
8 NHS England must secure the prudent management of any fund it establishes under this section.

Applications for financial assistance

136 Applications

1 NHS England may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
2 An application under this section must be in such form, and must be supported by such evidence or other information, as NHS England may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
3 If NHS England grants an application under this section, it must notify the applicant of—
a the purpose for which the financial assistance is being provided, and
b the other conditions to which its provision is subject.
4 The special administrator must secure that the financial assistance is used only—
a for the purpose notified under subsection (3)(a), and
b in accordance with the conditions notified under subsection (3)(b).
5 Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
6 If NHS England refuses an application under this section, it must notify the applicant of the reasons for the refusal.
7 NHS England must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
8 For the purposes of reconsidering an application, NHS England may request information from the applicant.
9 NHS England must notify the applicant of its decision on reconsidering the application; and—
a if NHS England grants the application, it must notify the applicant of the matters specified in subsection (3), and
b if NHS England refuses the application, it must notify the applicant of the reasons for the refusal.
10 In this Chapter—
a “special administrator” means—
i a person appointed as a health special administrator under Chapter 5, or
ii a person appointed as a trust special administrator under section 65D(2) of the National Health Service Act 2006, and
b references to being in special administration are to be construed accordingly.

137 Grants and loans

1 NHS England may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
a it is necessary for the provider—
i to be able to continue to provide one or more of the health care services that it provides for the purposes of the NHS, or
ii to be able to secure a viable business in the long term, and
b no other source of funding which would enable it do so and on which it would be reasonable for it to rely is likely to become available to it.
2 The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.
3 Subject to that, where NHS England makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
4 NHS England may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
5 The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as NHS England may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.

Charges on commissioners

138 I39Power to impose charges on commissioners

1 The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.
1A In subsection (1) “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.
2 The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount—
a as may be prescribed, or
b as is determined by reference to such criteria, and by using such method, as may be prescribed.
3 The regulations must—
a prescribe to whom the charge is to be paid;
b prescribe when the charge becomes payable;
c where the amount of the charge is to be determined in accordance with subsection (2)(b), require NHS England to carry out consultation in accordance with the regulations before imposing the charge;
d provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
e provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery).
4 Where the person that the regulations prescribe for the purposes of subsection (3)(a) is a provider, the regulations may confer power on NHS England to require the provider to pay NHS England the amount of the charge in question in accordance with the regulations.
5 Before making regulations under this section, the Secretary of State must consult NHS England.
6 Regulations under this section may apply with modifications provision made by sections 141 to 143 in relation to charges imposed by virtue of this section.

Levy on providers

139 Imposition of levy

1 The power under section 135(2) includes, in particular, power to impose a levy on providers for each financial year.
2 Before deciding whether to impose a levy under this section for the coming financial year, NHS England must estimate—
a the amount that will be required for the purpose of providing financial assistance in accordance with this Chapter,
b the amount that will be collected from integrated care boards by way of charges imposed by virtue of section 138 during that year, and
c the amount that will be standing to the credit of the fund at the end of the current financial year.
3 Before the start of a financial year in which NHS England proposes to impose a levy under this section, it must determine—
a the factors by reference to which the rate of the levy is to be assessed,
b the time or times by reference to which those factors are to be assessed, and
c the time or times during the year when the levy, or an instalment of it, becomes payable.
4 Where the determinations under subsection (3) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
5 A levy under this section may be imposed at different rates for different providers.

140 I40Power of Secretary of State to set limit on levy and charges

1 Before the beginning of each financial year, the Secretary of State may, with the approval of the Treasury, specify by order—
a the maximum amount that NHS England may raise from levies it imposes under section 139 for that year, and
b the maximum amount that it may raise from charges it imposes by virtue of section 138 for that year.
2 Where the Secretary of State makes an order under this section, NHS England must secure that the levies and charges for that year are at a level that NHS England estimates will, in each case, raise an amount not exceeding the amount specified for that case in the order.

141 Consultation

1 This section applies where NHS England is proposing to impose a levy under section 139 for the coming financial year and—
a has not imposed a levy under that section for the current financial year or any previous year,
b has been imposing the levy for the current financial year but proposes to make relevant changes to it for the coming financial year, or
c has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.
2 A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
3 Before making the determinations under section 139(3) in respect of the levy, NHS England must send a notice to—
a the Secretary of State,
F218b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c each integrated care board,
d each potentially liable provider, and
e such other persons as it considers appropriate.
4 NHS England must publish a notice that it sends under subsection (3).
5 In a case within subsection (1)(a) or (c), the notice must state—
a the factors by reference to which NHS England proposes to assess the rate of the levy,
b the time or times by reference to which it proposes to assess those factors, and
c the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.
6 In a case within subsection (1)(b), the notice must specify the relevant changes NHS England proposes to make.
7 A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).
8 In this section F214... a “potentially liable provider” means a provider on whom NHS England is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).

F223142 Responses to consultation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

143 Amount payable

1 NHS England must—
a calculate the amount which each provider who is to be subject to a levy under section 139 for a financial year is to be liable to pay in respect of that year, and
b notify the provider of that amount and the date or dates on which it, or instalments of it, will become payable.
2 If the provider is to be subject to the levy for only part of the financial year, it is to be liable to pay only the amount which bears to the amount payable for the whole financial year the same proportion as the part of the financial year for which the provider is to be subject to the levy bears to the whole financial year.
3 The amount which a provider is liable to pay may be zero.
4 Subsection (5) applies if, during a financial year in which NHS England is imposing a levy under section 139, it becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed by reference to what it was—
a at the start of the year, or
b if NHS England has already exercised the power under subsection (5) in relation to the levy in the case of that provider, at the time it did so.
5 NHS England may notify the provider that NHS England proposes to adjust the amount that the provider is liable to pay so as to reflect the change; and the notice must specify the amount of the proposed adjustment.
6 Following the expiry of the period of 28 days beginning with the day after that on which NHS England sends the notice, it may make the adjustment.
7 In a case within subsection (2), subsection (4) has effect as if references to the financial year were references to the part of the financial year for which the provider is to be subject to the levy.
8 Where a provider who reasonably believes that NHS England has miscalculated the amount notified to the provider under subsection (1) or (5) requests NHS England to recalculate the amount, NHS England must—
a comply with the request, and
b send the provider written notice of its recalculation.
9 Subsection (8) does not apply to a request to recalculate an amount in respect of a financial year preceding the one in which the request is made.
10 If the whole or part of the amount which a person is liable to pay is not paid by the date by which it is required to be paid, the unpaid balance carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; and the unpaid balance and accrued interest are recoverable summarily as a civil debt (but this does not affect any other method of recovery).

Supplementary

144 Investment principles and reviews

1 NHS England must prepare and publish a statement of the principles that govern its decisions, or decisions made on its behalf, about making investments for the purposes of this Chapter.
2 NHS England must—
a in each financial year, review the statement,
b if it considers necessary in light of the review, revise the statement, and
c if it revises the statement, publish the revised statement.
3 As soon as reasonably practicable after the end of each financial year, NHS England must undertake and publish a review of the operation during that year of—
a the procedure for health special administration under Chapter 5,
I334b the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the National Health Service Act 2006, and
c such mechanisms as have been established under section 134.
4 The purposes of the review under subsection (3)(c) are—
a to assess the operation of the mechanisms concerned,
b to assess the accuracy of the estimates given by NHS England in relation to the operation of the mechanisms,
c to assess what improvements can be made to the process for making estimates in relation to the operation of the mechanisms, and
d to review the extent of the protection which the mechanisms are required to provide.
5 Where a fund established under section 135 has been in operation for the whole or part of the year concerned, the review published under this section must specify—
a the income of the fund during that year, and
b the expenditure from the fund during that year.
I3346 NHS England must exclude from a review published under this section information which it is satisfied is—
a commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
b information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.

145 I41Borrowing

1 NHS England may—
a borrow from a deposit-taker such sums as it may from time to time require for exercising its functions under this Chapter;
b give security for sums that it borrows.
2 But NHS England may not borrow if the effect would be—
a to take the aggregate amount outstanding in respect of the principal of sums borrowed by it over such limit as the Secretary of State may by order specify, or
b to increase the amount by which the aggregate amount so outstanding exceeds that limit.
3 In this section, “deposit-taker” means—
a a person who has permission under Part 4A of the Financial Services and Markets Act 2000, F42...
F42b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The definition of “deposit-taker” in subsection (3) must be read with—
a section 22 of the Financial Services and Markets Act 2000,
b any relevant order under that section, and
c Schedule 2 to that Act.

146 I42Shortfall or excess of available funds, etc.

1 The Secretary of State may provide financial assistance to NHS England if the Secretary of State is satisfied that—
a there are insufficient funds available from a mechanism established under section 134, or
b the mechanism is otherwise unable to operate effectively.
2 If the Secretary of State is satisfied that the level of funds available from a mechanism established under section 134 exceeds the level that is necessary, the Secretary of State may direct NHS England to transfer the excess to the Secretary of State.
3 If the Secretary of State is satisfied that a mechanism established under section 134 has become dormant, or if a mechanism so established is being wound up, the Secretary of State may direct NHS England to transfer to the Secretary of State such funds as are available from the mechanism.

CHAPTER 7 Miscellaneous and general

I251I515147 Secretary of State's duty as respects variation in provision of health services

After section 12D of the National Health Service Act 2006 insert—

148 Service of documents

I3251 A notice required under this Part to be given or sent to or served on a person (“R”) may be given or sent to or served on R—
a by being delivered personally to R,
b by being sent to R—
i by a registered post service, as defined by section 125(1) of the Postal Services Act 2000, or
ii by a postal service which provides for the delivery of the document to be recorded, or
c subject to section 149, by being sent to R by an electronic communication.
I3252 Where a notice is sent as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
I3253 Where a notice is sent as mentioned in subsection (1)(c) in accordance with section 149, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted.
I3254 In subsection (3) “working day” means a day other than—
a a Saturday or a Sunday;
b Christmas Day or Good Friday; or
c a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.
I3255 A notice required under this Part to be given or sent to or served on a body corporate or a firm is duly given, sent or served if it is given or sent to or served on the secretary or clerk of that body or a partner of that firm.
6 For the purposes of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person is—
I516a in the case of a person who holds a licence under Chapter 3 who has notified NHS England of an address for service, that address, and
I325b in any other case, the address determined in accordance with subsection (7).
I3257 That address is—
a in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
b in the case of a partner of a firm, the address of the principal office of the firm, and
c in any other case, the last known address of the person.
I3258 In this section and in section 149—
  • “electronic communication” has the same meaning as in the Electronic Communications Act 2000;
  • “notice” includes any other document.
F240I3259 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I335149 Electronic communications

1 If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.
2 If the person required or authorised to give, send or serve the notice is NHS England or the CMA—
a the person to whom the notice is given or sent or on whom it is served must have indicated to NHS England or (as the case may be) the CMA the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
b the notice must be sent to or given or served at the address so provided.
3 If the person required or authorised to give, send or serve the notice is not NHS England or the CMA, the notice must be given, sent or served in such manner as NHS England may require.
4 An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given, sent or served by NHS England or (as the case may be) the CMA under this Part or may be limited to notices of a particular description.
5 NHS England must publish such requirements as it imposes under subsection (3).

150 I43Interpretation, transitional provision and consequential amendments

I3361 In this Part—
  • “anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour;
  • “the CMA” means the Competition and Markets Authority;
  • “commissioner”, in relation to a health care service, means the person who arranges for the provision of the service (and “commission” is to be construed accordingly);
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
  • “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
  • “financial year” means a period of 12 months ending with 31 March;
  • “health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to “health care services” being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service;
  • “the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;
  • “prescribed” means prescribed in regulations;
  • “service” includes facility.
1A A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006.
F2382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F237I3363 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Until section 181 comes into force, the following provisions in this Part are to be read as if the words “and its Healthwatch England committee” were omitted—
a section 83(4)(c);
b section 84(5)(a)(iii);
c section 95(2)(e);
d section 100(2)(e).
I117I337I5175 Schedule 13 (which contains minor and consequential amendments) has effect.

PART 4  NHS foundation trusts & NHS trusts

Governance and management

151 Governors

I2521 In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have governors)—
a in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
b in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
I4302 Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be appointed by PCT).
I4303 For paragraph 9(7) of that Schedule (partnership organisations) substitute—
I4304 After paragraph 10 of that Schedule insert—
I4305 After paragraph 10A of that Schedule insert—
I4306 After paragraph 10B of that Schedule insert—
7 In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary of State”.
I4308 In paragraph 26(2) of that Schedule (information that must be given in annual reports etc.), after paragraph (a) insert—
.
I2529 In consequence of subsection (1)—
a in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and 60(1) of that Act, for “board of governors” substitute “council of governors”,
b in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for “the board” (in each place it appears) substitute “the council”,
c for the cross-heading preceding paragraph 7 of that Schedule substitute “Council of Governors”,
d in the cross-heading preceding paragraph 28 of that Schedule, for “board” substitute “council”, and
e in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for “board of governors” substitute “council of governors”.

I518152 Directors

1 After paragraph 18 of Schedule 7 to the National Health Service Act 2006 insert—
2 After paragraph 18A of that Schedule insert—
3 After paragraph 18B of that Schedule insert—
4 After paragraph 18C of that Schedule insert—
5 After paragraph 18D of that Schedule insert—

I519153 Members

1 In section 61 of the National Health Service Act 2006 (representative membership), the existing text becomes subsection (1) and, in that subsection, for “An authorisation may require an NHS foundation trust to” substitute “An NHS foundation trust must”.
2 After that subsection insert—

I253154 I44Accounts: initial arrangements

1 In paragraph 24 of Schedule 7 to the National Health Service Act 2006 (accounts: general), for sub-paragraph (1) substitute—
2 In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records” substitute “the records”.
3 In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for “the Treasury” substitute “the Secretary of State”.
4 After sub-paragraph (1) of that paragraph insert—
5 In sub-paragraph (2) of that paragraph—
a after “annual accounts” insert “or in preparing any accounts by virtue of sub-paragraph (1A)(a)”,
b for “the Treasury” substitute “the Secretary of State”, and
c for “information to be given in” substitute “content and form of”.
6 In sub-paragraph (3) of that paragraph, after “annual accounts” insert “, or of any accounts to be prepared by it by virtue of sub-paragraph (1A)(a),”.
7 In sub-paragraph (4) of that paragraph, in paragraph (b)—
a omit “once it has done so,”, and
b at the end insert “within such period as the regulator may direct”.
8 After that sub-paragraph insert—

F242155 Accounts: variations to initial arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

156 I45Annual report and forward plan

I3381 In sub-paragraph (2) of paragraph 26 of Schedule 7 to the National Health Service Act 2006 (information that must be included in annual report), after paragraph (aa) (inserted by section 151(8)) insert—
.
I3382 After that sub-paragraph insert—
F2433 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2444 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5205 Omit section 39(2)(e) of that Act (requirement for copy of forward plan to be on register).
I5206 In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward plan available to the public).

I521157 Meetings

1 After paragraph 27 of Schedule 7 to the National Health Service Act 2006 insert—
2 In paragraph 28 of that Schedule (meeting of council of governors to consider annual accounts and reports), the existing text of which becomes sub-paragraph (1), after that sub-paragraph insert—
3 After that paragraph insert—

I254158 I46Voting

1 After paragraph 29 of Schedule 7 to the National Health Service Act 2006 insert—
2 In section 64(3) of that Act (regulations under Chapter 5 of Part 2 of that Act that are subject to affirmative procedure), after paragraph (a) (but before the “or” following it) insert—
.

Foundation trust status

159 Authorisation

I4241 In section 30(1) of the National Health Service Act 2006 (definition of NHS foundation trust), for “which is authorised under this Chapter to provide” substitute “the function of which is to provide in accordance with this Chapter”.
I4242 Omit section 33(2)(a) of that Act (requirement for application for authorisation to describe goods and services to be provided).
I4243 In section 35(2) of that Act (matters as to which the regulator must be satisfied before giving authorisation), for paragraph (e) substitute—
.
4 After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert—
I4245 Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate).
I4246 Omit section 38 of that Act (variation of authorisation).
I4247 Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register).
I4248 Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises).
I4249 Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection).

I118160 Bodies which may apply for foundation trust status

1 Omit section 34 of the National Health Service Act 2006 (application for authorisation by body other than NHS trust).
2 In section 35(1) of that Act (bodies which may be given authorisation), omit paragraph (b) (public benefit corporations) and the preceding “or”.
3 Omit section 36(2) of that Act (public benefit corporation to become NHS foundation trust on being given authorisation).
4 Despite subsection (1)—
a section 34(1) to (4) of that Act continues to have effect in the case of an application which, immediately before the commencement of that subsection, is pending determination, and
b section 34(5) to (7) of that Act continues to have effect in the case of an existing public benefit corporation.
5 Despite subsection (2), section 35(1)(b) of that Act continues to have effect in the case of an existing public benefit corporation which, immediately before the commencement of that subsection, has not been given an authorisation under section 35.
6 Despite subsection (3), section 36(2) of that Act continues to have effect in the case of an existing public benefit corporation.
7 In subsections (4) to (6), “existing public benefit corporation” means a public benefit corporation—
a incorporated under section 34 of that Act and in existence immediately before the commencement of this section, or
b incorporated under that section by virtue of subsection (4).

I522161 Amendment of constitution

1 In section 37 of the National Health Service Act 2006 (amendments of constitution), the existing text of which becomes subsection (1), for “with the approval of the regulator” substitute
2 After that subsection insert—
3 Subsections (1) and (2) do not apply in the case of amendments in respect of which, immediately before the commencement of this section, Monitor has yet to decide whether or not to give approval under section 37 of the National Health Service Act 2006.

I47I523162 Panel for advising governors

After section 39 of the National Health Service Act 2006 insert—

Finance

163 Financial powers etc.

I5241 At the end of section 40 of the National Health Service Act 2006 (power of Secretary of State to give financial assistance to NHS foundation trusts), insert—
I4262 Omit section 41 of that Act (prudential borrowing code).
I4253 In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation trust to be same as that payable by NHS trust).
I4254 Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator).
I4255 At the end of that section insert—
I4256 After that section insert—
I4267 Omit section 45 of that Act (disposal of protected property).
I4268 Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
I4269 For section 50 of that Act (fees) substitute—

Functions

164 Goods and services

I2301 In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2) substitute—
I2302 In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
a for “The” substitute “An”,
b for “subsection (1)” substitute “subsection (2)”, and
c omit “, subject to any restrictions in the authorisation,”.
I2303 After that subsection insert—
I5254 Omit subsections (4) to (7) of that section (goods and services that may be authorised, etc.).
I5255 For the title to that section substitute “Provision of goods and services”.
I2306 In paragraph 2 of Schedule 7 to that Act (constitution), the existing text of which becomes sub-paragraph (1), after that sub-paragraph insert—

I255165 Private health care

1 In section 44 of the National Health Service Act 2006 (private health care), omit—
a subsection (1) (restriction on provision of private health services),
b subsection (2) (cap on private income),
c subsection (2A) (special provision for mental health foundation trusts), and
d subsections (3) to (5) (interpretation etc.).
2 For the title to that section substitute “Power to charge for accommodation etc.”.
3 In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act 2009.

I339166 Information

For section 48 of the National Health Service Act 2006 (information) substitute—

I526167 Significant transactions

Mergers, acquisitions, separations and dissolution

I527168 Mergers

1 In section 56 of the National Health Service Act 2006 (mergers), in subsection (1)—
a in paragraph (b), after “NHS trust” insert “established under section 25”, and
b for the words from “authorisation” to the end substitute “the dissolution of the trusts and the establishment of a new NHS foundation trust.”
2 After that subsection insert—
3 In subsection (2) of that section, omit—
a paragraph (c) (but not the “and” following it), and
b the words from “and must give” to the end.
4 Omit subsection (3) of that section.
5 For subsection (4) of that section substitute—
6 Omit subsections (5) to (10) of that section.
7 In subsection (11) of that section, for “On an authorisation being given under this section” substitute “On the grant of the application”.

I528169 Acquisitions

After section 56 of the National Health Service Act 2006 insert—

I529170 Separations

After section 56A of the National Health Service Act 2006 insert—

I530171 Dissolution

After section 57 of the National Health Service Act 2006 insert—

172 Supplementary

I4271 In section 57 of the National Health Service Act 2006 (mergers: supplementary), in subsection (1)—
a for “an authorisation is given under section 56” substitute “an application is granted under section 56 or 56B”, and
b at the end insert “or trusts”.
I4272 In subsection (2) of that section—
a for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the regulator”, and
b in paragraph (a), after “dissolving the” insert “trust or”, and
c in paragraph (b), at the end insert “or trusts”.
I4273 After that subsection insert—
I4284 In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.
5 In subsection (4) of that section—
I427a for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and
I428b for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.
I4286 In subsection (5) of that section, after “section 56” insert “or 56A”.
I4287 Omit subsection (6) of that section.
I4288 For the title to that section substitute “Sections 56 to 56B: supplementary”.
I4289 For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and separations”.
I42810 In section 64 of that Act (orders and regulations under Chapter 5 of Part 2 of that Act), in subsection (4)—
a omit the “or” following paragraph (b), and
b after paragraph (c), insert
I42811 After that subsection insert—
I42812 In section 271(3)(b) of that Act (territorial limit of exercise of functions under Chapter 5), for “Part 1” substitute “Part 2”.

Failure

173 Repeal of de-authorisation provisions

I3261 Omit section 52C of the National Health Service Act 2006 (guidance etc. on de-authorisation notices).
I5312 Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements and dissolution); and in consequence of that—
a in section 57 of that Act (as amended by section 172 of this Act)—
i in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”,
ii omit subsection (3)(b), and
iii in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25”,
b in section 64(4) of that Act (as amended by section 172 of this Act), omit paragraph (b), and
c omit section 18(2) to (6) and (11) of the Health Act 2009.
I3263 Omit section 65E of the National Health Service Act 2006 (NHS foundation trusts: de-authorisation and appointment of administrator).
I3264 Omit Schedule 8A to that Act (de-authorised NHS trusts and NHS foundation trusts).
I3265 Omit section 15 of the Health Act 2009 (which inserts sections 52A to 52E and Schedule 8A in the National Health Service Act 2006).
I3266 In section 272 of the National Health Service Act 2006 (orders, regulations, rules and directions)—
a in subsection (5), omit paragraph (aa), and
b in subsection (6A), omit “52D(1), 52E(6),”.
I3267 In section 275(1) of that Act (interpretation), in the definition of “NHS trust”—
a omit “, subject to Schedule 8A,”, and
b omit “52D(1) or”.
I3268 In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit “52D(1) or”.

I340174 Trust special administrators

1 In section 65A of the National Health Service Act 2006 (bodies to which trust special administration regime applies)—
a in subsection (1), for paragraphs (b) and (c) substitute—
, and
b omit subsection (2).
2 For the title to section 65B of that Act substitute “NHS trusts: appointment of trust special administrator”.
3 In section 65D of that Act (NHS foundation trusts: regulator's notice), for subsections (1) to (3) substitute—
4 In subsection (4) of that section—
a for “giving a notice” substitute “making an order”,
b after paragraph (a) insert—
,
c omit paragraph (b),
d in paragraph (c), omit “goods or”, and
e after paragraph (c) insert
5 After that subsection insert—
6 For the title to that section substitute “NHS foundation trusts: appointment of trust special administrator”.
7 Omit the cross-heading preceding that section.

I341175 Objective of trust special administration

1 After section 65D of the National Health Service Act 2006 insert—
F2452 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I342176 I48Procedure etc.

1 In section 65F of the National Health Service Act 2006 (administrator's draft report), in subsection (2)—
a before paragraph (a) insert—
, and
b omit paragraph (a) (but not the following “and”).
2 At the end of that section insert—
3 At the end of section 65G of that Act (consultation plan) insert—
4 In section 65H of that Act (consultation requirements), in subsection (7)—
a before paragraph (a) insert—
,
b omit paragraph (a),
c in paragraph (b), omit “, if required by directions given by the Secretary of State”, and
d after paragraph (c) insert
5 In subsection (8) of that section, omit paragraphs (a) to (d).
6 In subsection (9) of that section—
a after “representatives of” insert “the Board and”, and
b for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.
7 At the end of that section insert—
8 At the end of section 65I of that Act (administrator's final report) insert—
9 At the end of section 65J of that Act (power to extend time limits for preparing reports and carrying out consultation) insert—

I343177 I49Action following final report

1 In section 65K of the National Health Service Act 2006 (Secretary of State's decision on what action to take), in subsection (1), after “a final report under section 65I” insert “relating to an NHS trust”; and in consequence of that, for the title to that section substitute “Secretary of State's decision in case of NHS trust”.
2 After that section insert—
3 In section 65L of that Act (trusts coming out of administration), after subsection (2) insert—
4 Omit subsections (3) to (5) of that section.
5 At the end of that section insert—
6 After that section insert—
7 For the cross-heading preceding section 65K substitute “Action by the Secretary of State and the regulator”.

I344178 Sections 174 to 177: supplementary

1 At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator) insert—
2 In section 65N of that Act (power to issue guidance), after subsection (2) insert—
3 At the end of that section insert—
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
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—
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
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.

Abolition of NHS trusts

F246179 Abolition of NHS trusts in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247180 Repeal of provisions on authorisation for NHS foundation trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5  Public involvement and local government

CHAPTER 1 Public involvement

Healthwatch England

181 I50Healthwatch England

I2311 The Health and Social Care Act 2008 is amended as follows.
I2312 In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph 6, after sub-paragraph (1) insert—
I2313 After sub-paragraph (5) insert—
I256I5324 In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—
I257I5325 In section 82 (failure by Commission to discharge functions), after subsection (1) insert—
I2326 In subsection (2) of that section—
a after “(1)” insert “or (1A)”, and
b after “the Commission” insert “or (as the case may be) the committee”.
I2327 In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or (1A)”.
I2328 In subsection (3) of that section—
a after “the Commission” insert “or the committee”, and
b after “(1)” insert “or (1A)”.
I2329 In subsection (4) of that section (inserted by section 294), after “(1)” insert “, (1A)”.
I23210 For the title to that section substitute “Failure by the Commission or Healthwatch England in discharge of functions”.
I23211 In section 83 (reports for each financial year etc), after subsection (1) insert—
I23212 After subsection (2) of that section insert—
I23213 In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the Healthwatch England committee”—
a Part 2 of Schedule 1 to the Public Records Act 1958,
b Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
c Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
I23214 The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.

Local Healthwatch organisations

I533182 Activities relating to local care services

1 Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social services) is amended as follows.
2 In subsection (2)—
a in each of paragraphs (a) to (c), before “people” insert “local”, and
b omit the “and” preceding paragraph (d).
3 At the end of that paragraph, insert “and to the Healthwatch England committee of the Care Quality Commission.”
4 After that paragraph insert—
5 In subsection (3), after “(2)(b)” insert “and (f)”.
6 After that subsection insert—
7 After subsection (3A) insert—
8 In subsection (6), after the definition of “local care services” insert—
.
9 In the title to section 221, omit “: local involvement networks”.
10 For the cross-heading preceding that section substitute “Local arrangements”.
11 After section 45C of the Health and Social Care Act 2008 (inserted by section 181(4)), insert—

I534183 I51Local authority arrangements

1 Section 222 of the Local Government and Public Involvement in Health Act 2007 (arrangements under section 221 of that Act) is amended as follows.
2 For subsection (2) substitute—
3 In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable of being a Local Healthwatch organisation”.
4 For subsection (4) substitute—
5 For subsection (5) substitute—
6 After subsection (7) insert—
7 For subsection (8) substitute—
8 For the title to section 222 substitute “Local Healthwatch organisations”.
9 After section 222 insert—

I535184 I52Local arrangements: power to make further provision

1 Section 223 of the Local Government and Public Involvement in Health Act 2007 (power to make further provision about local authority arrangements) is amended as follows.
2 In subsection (1), for “require prescribed provision to be included in local involvement network arrangements” substitute “include prescribed provision”.
3 After that subsection insert—
4 In subsection (2)—
a for “must require local involvement network arrangements to include” substitute “must include or (as the case may be) must require Local Healthwatch arrangements to include”,
b in paragraphs (a), (c) and (d), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”, and
c after paragraph (d) insert
5 After subsection (2) insert—
6 In subsection (3)—
a before the definition of “a local involvement network” insert—
,
b omit the definition of “a local involvement network”,
c for the definition of “local involvement network arrangements” substitute—
,
d after that definition insert—
, and
e after the definition of “prescribed provision” insert

I536185 I53Independent advocacy services

1 After section 223 of the Local Government and Public Involvement in Health Act 2007 insert—
2 Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements).
3 In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
4 In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.

I537186 Requests, rights of entry and referrals

1 Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to respond to requests for information etc.) is amended as follows.
2 In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
3 For subsection (3) substitute—
4 After subsection (4) insert—
5 In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or contractors”.
6 Section 225 of that Act (duties of services-providers to allow entry to premises) is amended as follows.
7 In subsection (2), in paragraph (f), and in subsection (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
8 In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local Healthwatch arrangements”.
9 After subsection (5) insert—
10 Omit subsection (6).
11 For the title to that section substitute “Duties of services-providers to allow entry by Local Healthwatch organisations or contractors”.
12 Section 226 of that Act (referrals of social care matters) is amended as follows.
13 In subsections (1) and (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
14 For subsection (7) substitute—
15 In subsection (8), before the definition of “overview and scrutiny committee” insert—
.
16 For the title to that section substitute “Referrals of social care matters”.

I538187 Annual reports

1 Section 227 of the Local Government and Public Involvement in Health Act 2007 (annual reports) is amended as follows.
2 In subsection (2), omit “by a local authority with another person (“H”)”.
3 In that subsection, in paragraph (a)—
a in sub-paragraph (i)—
i omit “, for each local involvement network,”,
ii for “the network”, in the first place it appears, substitute “the Local Healthwatch organisation”,
iii for “the network”, in the second place it appears, substitute “the organisation”,
iv after “carried on” insert “under the arrangements or arrangements made”,
b omit sub-paragraph (ii), and
c omit sub-paragraph (iii) and the preceding “and”.
4 In subsection (3)—
a after paragraph (a) insert “and”,
b in paragraph (b)—
i omit the words from “, if it is” to “(2)(a)(ii)),”, and
ii in sub-paragraph (i), for “H in respect of the network” substitute “the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”, and
c omit paragraph (c) and the preceding “and”.
5 In subsection (4)—
a after paragraph (a) insert—
;
b after paragraph (ca) insert—
, and
c omit paragraph (d) (but not the following “and”).
6 In subsection (5)—
a in paragraph (a)—
i omit the words from the beginning to “(2)(a)(ii)),”,
ii for “the network” substitute “the Local Healthwatch organisation”, and
iii after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
b omit paragraph (b) and the “and” preceding it.
7 Omit subsections (6) to (8).
8 In subsection (9), after the definition of “financial year” insert—
.
9 For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.

I539188 I54Transitional arrangements

1 This section applies where arrangements made under section 221 of the Local Government and Public Involvement in Health Act 2007 before the commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that commencement.
2 The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority's area.
3 A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
4 A scheme under this section may provide for the transfer of property, rights or liabilities—
a whether or not they would otherwise be capable of being transferred;
b irrespective of any requirement for consent that would otherwise apply.
5 A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
6 A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
a treated as done by or in relation to the transferee or its employees;
b continued by or in relation to the transferee or its employees.
7 A scheme under this section may in particular make provision about continuation of legal proceedings.
8 A scheme under this section may include provision requiring the local authority to pay compensation to the transferor; and for that purpose the scheme may—
a impose a duty on the local authority to determine the amount of the compensation;
b confer power on the Secretary of State to do so.
9 A scheme under this section may include supplementary, incidental and consequential provision.
10 Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional arrangements).

I540189 Consequential provision

1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—
.
2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
3 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
4 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert—
5 In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute—
.
6 In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)—
a in subsection (1)(c)—
i for “local involvement networks” substitute “Local Healthwatch organisations or Local Healthwatch contractors”, and
ii omit “in their areas”; and
b for subsection (3) substitute—

CHAPTER 2 Local government

Scrutiny functions of local authorities

190 I55Scrutiny functions of local authorities

I4371 Section 244 of the National Health Service Act 2006 is amended as follows.
I4372 In subsection (2)—
a omit “an overview and scrutiny committee of”,
b for “the committee” (in each place where it occurs) substitute “the authority”,
c for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant health service providers”,
d for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or relevant health service provider”,
e omit the words in brackets in paragraph (c), and
f in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,”.
I4373 After subsection (2) insert—
I4374 For subsection (3) substitute—
I4375 After subsection (3) insert—
I4376 In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.
I4377 For the heading to section 244 substitute “Review and scrutiny by local authorities”.
I4378 For the title to Chapter 3 of Part 12 of the National Health Service Act 2006 substitute “Review and scrutiny by local authorities”.
9 Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act 2011, section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows—
a in subsection (2)(f)—
i omit “section 244 of the National Health Service Act 2006 or”,
ii for “either of those sections” substitute “that section”,
iii for “the Act concerned” substitute “that Act”, and
iv for “the section concerned” substitute “that section”,
b omit subsection (2A)(a) and (b), and
c in subsection (4) at the end insert “or under section 244(2ZE) of the National Health Service Act 2006.”
I43710 In section 9F of the Local Government Act 2000 (overview and scrutiny committees) (as inserted by Schedule 2 to the Localism Act 2011)—
a omit subsection (2)(f),
b omit subsection (3)(a) and (b), and
c in subsection (5) omit the word “or” following paragraph (a) and after paragraph (b) insert

I541191 Amendments consequential on section 190

1 Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4).
2 In subsection (1) for the words from “relevant functions” to the end of the subsection substitute “ “relevant functions” means functions under regulations under section 244(2) to (2ZC).”
3 In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.
4 After subsection (4) insert—
5 Omit subsections (5) and (9).
6 Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).
7 In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).”
8 In subsection (5) for “overview and scrutiny committees” substitute “local authorities”.
9 In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating to functions of local authorities by virtue of section 244”.
10 Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13).
11 For subsection (1) substitute—
12 In subsection (2)—
a for the words from the beginning to “apply” substitute “Section 245(2)(b) and (c) applies”, and
b omit the words from “and as if” to the end of the subsection.
13 In subsection (4)—
a for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
b for the words from “in the case of the committee” to the end of the subsection substitute “in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.”
14 Omit section 247A (application to local authorities without overview and scrutiny committees).
15 In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.

Joint strategic needs assessments and strategies

I542192 Joint strategic needs assessments

1 Section 116 of the Local Government and Public Involvement in Health Act 2007 (health and social care: joint strategic needs assessments) is amended as follows.
2 In subsection (4), for paragraph (b) substitute—
.
3 In subsection (6)—
a for “for which a partner PCT acts” substitute “of a partner clinical commissioning group”,
b for “the partner PCT” substitute “the partner clinical commissioning group”, and
c after “a need” insert “or to be likely to be a need”.
4 In subsection (7)—
a in paragraph (a)(ii) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”, and
b in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”.
5 In subsection (8)—
a for “each partner PCT” substitute “each of its partner clinical commissioning groups”,
b after paragraph (b) (but before the “and” immediately following it) insert—
, and
c in paragraph (c) for “consult” substitute “involve”.
6 After subsection (8) insert—
7 In subsection (9)—
a for the definition of “partner PCT” substitute—
, and
b in the definition of “relevant district council”, in paragraph (b)—
i for “a partner PCT” substitute “a partner clinical commissioning group”, and
ii for “the area for which the partner PCT acts” substitute “the area of the clinical commissioning group.

I543193 Joint health and wellbeing strategies

After section 116 of the Local Government and Public Involvement in Health Act 2007 insert—

Health and Wellbeing Boards: establishment

I544194 I56Establishment of Health and Wellbeing Boards

1 A local authority must establish a Health and Wellbeing Board for its area.
2 The Health and Wellbeing Board is to consist of—
a subject to subsection (4), at least one councillor of the local authority, nominated in accordance with subsection (3),
b the director of adult social services for the local authority,
c the director of children's services for the local authority,
d the director of public health for the local authority,
e a representative of the Local Healthwatch organisation for the area of the local authority,
f a representative of each relevant integrated care board, and
g such other persons, or representatives of such other persons, as the local authority thinks appropriate.
3 A nomination for the purposes of subsection (2)(a) must be made—
a in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader of the local authority;
b in any other case, by the local authority.
4 In the case of a local authority operating executive arrangements, the elected mayor or the executive leader of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a member of the Board.
5 The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it on the Health and Wellbeing Board.
6 A relevant integrated care board must appoint a person to represent it on the Health and Wellbeing Board.
7 A person may, with the agreement of the Health and Wellbeing Board, represent more than one integrated care board on the Board.
8 The Health and Wellbeing Board may appoint such additional persons to be members of the Board as it thinks appropriate.
9 At any time after a Health and Wellbeing Board is established, a local authority must, before appointing another person to be a member of the Board under subsection (2)(g), consult the Health and Wellbeing Board.
10 A relevant integrated care board must co-operate with the Health and Wellbeing Board in the exercise of the functions of the Board.
11 A Health and Wellbeing Board is a committee of the local authority which established it and, for the purposes of any enactment, is to be treated as if it were a committee appointed by that authority under section 102 of the Local Government Act 1972.
12 But regulations may provide that any enactment relating to a committee appointed under section 102 of that Act of 1972—
a does not apply in relation to a Health and Wellbeing Board, or
b applies in relation to it with such modifications as may be prescribed in the regulations.
13 In this section—
a “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
b “elected mayor”, “executive arrangements” and “executive leader”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000;
c “relevant integrated care board”, in relation to a local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the local authority.
14 In this section and in sections 195 to 199, “local authority” means—
a a county council in England;
b a district council in England, other than a council for a district in a county for which there is a county council;
c a London borough council;
d the Council of the Isles of Scilly;
e the Common Council of the City of London in its capacity as a local authority.

Health and Wellbeing Boards: functions

I545195 Duty to encourage integrated working

1 A Health and Wellbeing Board must, for the purpose of advancing the health and wellbeing of the people in its area, encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner.
2 A Health and Wellbeing Board must, in particular, provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services.
3 A Health and Wellbeing Board may encourage persons who arrange for the provision of any health-related services in its area to work closely with the Health and Wellbeing Board.
4 A Health and Wellbeing Board may encourage persons who arrange for the provision of any health or social care services in its area and persons who arrange for the provision of any health-related services in its area to work closely together.
5 Any reference in this section to the area of a Health and Wellbeing Board is a reference to the area of the local authority that established it.
6 In this section—
  • “the health service” has the same meaning as in the National Health Service Act 2006;
  • “health services” means services that are provided as part of the health service in England;
  • “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
  • “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).

I546196 Other functions of Health and Wellbeing Boards

1 The functions of a local authority and its partner integrated care boards under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board established by the local authority.
2 A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that are exercisable by the authority.
3 A Health and Wellbeing Board may give the local authority that established it its opinion on whether the authority is discharging its duty under section 116B of the 2007 Act.
4 The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244 of the National Health Service Act 2006.

Health and Wellbeing Boards: supplementary

I547197 Participation of NHS England

1 Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
a an assessment of relevant needs under section 116 of the Local Government and Public Involvement in Health Act 2007, or
b a strategy under section 116A of that Act.
2 NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case may be) the strategy.
3 Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise or proposed exercise of the commissioning functions of NHS England in relation to the area of the authority that established the Health and Wellbeing Board.
4 If the Health and Wellbeing Board so requests, NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the matter.
5 The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a person who is not a member or employee of NHS England.
C16 In this section—
  • “commissioning functions”, in relation to NHS England, means the functions of NHS England in arranging for the provision of services as part of the health service in England (including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person);
  • “the health service” has the same meaning as in the National Health Service Act 2006.

I548198 Discharge of functions of Health and Wellbeing Boards

Two or more Health and Wellbeing Boards may make arrangements for—
a any of their functions to be exercisable jointly;
b any of their functions to be exercisable by a joint sub-committee of the Boards;
c a joint sub-committee of the Boards to advise them on any matter related to the exercise of their functions.

I549199 Supply of information to Health and Wellbeing Boards

1 A Health and Wellbeing Board may, for the purpose of enabling or assisting it to perform its functions, request any of the following persons to supply it with such information as may be specified in the request—
a the local authority that established the Health and Wellbeing Board;
b any person who is represented on the Health and Wellbeing Board by virtue of section 194(2)(e) to (g) or (8);
c any person who is a member of a Health and Wellbeing Board by virtue of section 194(2)(g) or (8) but is not acting as a representative.
2 A person who is requested to supply information under subsection (1) must comply with the request.
3 Information supplied to a Health and Wellbeing Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.
F256C2C54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Trusts

I550200 I57Care Trusts

1 In section 77 of the National Health Service Act 2006 (Care Trusts), in subsection (1)—
a in paragraph (a), after “an NHS trust” insert “or a clinical commissioning group or an NHS foundation trust”,
b omit the “and” preceding paragraph (b),
c in paragraph (b), for “the Secretary of State considers” substitute “the body and the local authority concerned consider”,
d in that paragraph, for “a local authority” substitute “the local authority”,
e after paragraph (b), insert
, and
f for “the Secretary of State may” substitute “the body and the local authority may jointly”.
2 After that subsection insert—
3 Omit subsections (2) and (3) of that section.
4 In subsection (4) of that section—
a for “The direction is that while the body is designated it” substitute “A body designated as a Care Trust under this section”,
b for “specified in the direction” substitute “agreed”,
c for “so specified” substitute “so agreed”, and
d at the end insert “; and “agreed” means agreed by the body and the local authority”.
5 For subsection (5) of that section substitute—
6 After subsection (5B) of that section insert—
7 After subsection (5C) of that section insert—
8 Omit subsection (6) of that section.
9 Omit subsection (7) of that section.
10 In subsection (9) of that section—
a omit paragraph (a),
b omit paragraph (b),
c omit paragraph (c), and
d in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
11 In subsection (10) of that section, after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
12 In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
13 Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the National Health Service Act 2006 before the commencement of those subsections.
14 A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its designation as a Care Trust revoked must notify the Secretary of State of that revocation.
F25715 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3 The Health Service Commissioner for England

I119201 Disclosure of reports etc. by the Health Service Commissioner

In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H) insert—

PART 6  Primary care services

I551202 Medical services: minor amendments

1 In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services contracts), in subsection (3), in paragraphs (a) and (b), before “legally and beneficially” insert “both”.
2 In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for “may make” substitute “must make”.
3 In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act for the provision of primary medical services), in the definition of “qualifying body” in subsection (3), before “legally and beneficially” insert “both”.

I552203 Persons eligible to enter into general dental services contracts

1 Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services contracts) is amended as follows.
2 In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
3 After that subsection insert
4 In subsection (2), for paragraph (b) substitute—
5 After that subsection insert—
6 After subsection (3) insert—
7 After subsection (3B) insert—

I553204 I58Arrangements under section 107 of the National Health Service Act 2006

1 Section 108 of the National Health Service Act 2006 (persons with whom section 107 arrangements may be made) is amended as follows.
2 In subsection (1)—
a before “make an agreement” insert “, subject to such conditions as may be prescribed,”,
b in each of paragraphs (b) and (c), omit “who meets the prescribed conditions”,
c for paragraph (f) substitute—
, and
d after paragraph (f) insert—
.
3 After subsection (1) insert—
4 After subsection (1A) insert—
5 Omit subsection (2).
6 In subsection (3)—
a at the appropriate place insert—
, and
b omit the definition of “qualifying body”.

I554205 Payments in respect of costs of sight tests

1 Section 180 of the National Health Service Act 2006 (payments in respect of costs of optical appliances) is amended as follows.
2 In subsection (3), before paragraph (a) insert—
.
3 After that subsection insert—

I555206 Pharmaceutical needs assessments

1 In section 128A of the National Health Service Act 2006 (pharmaceutical needs assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
2 In section 24 of that Act (plans for improving health etc.), at the end of subsection (8)(a) (but before the following “, and”) insert “(other than pharmaceutical services or local pharmaceutical services)”.
3 In section 24A of that Act (report on consultation), in subsection (2), for “Parts 4 to 7” substitute “Parts 4 to 6”.
4 In section 242 of that Act (public involvement and consultation), in subsection (1F), after “(1E),” insert
.
5 In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or local pharmaceutical services”.

I556207 I59Control of entry on pharmaceutical lists

I4381 Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows.
I4382 In subsection (2), in paragraph (c)—
a for “must be granted if” substitute “may be granted only if”, and
b omit the words from “and may otherwise” to the end.
I4383 After that subsection insert—
I4384 In subsection (2A)—
a for “its needs statement” substitute “the needs statement for the relevant area”, and
b for the words from “it is necessary” to the end substitute
I4385 For subsection (2B) substitute—
I4386 In subsection (2C), for “(2B)” substitute “(2A)”.
I4387 In subsection (4)(c), omit “or (2B)”.
I1208 In subsection (6)(g)—
a after “grounds on which” insert “or circumstances in which”,
b before “may, or must,” insert
, and
c at the end insert
.
I4389 In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
I12010 In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)—
a after “an application” insert “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and
b omit “(by way of redetermination)”.
I43811 In section 136 of that Act (designation of priority neighbourhoods or premises)—
a in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b after subsection (3) insert—
I43812 In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2—
a in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b after sub-paragraph (3) insert—

208 I60Lists of performers of pharmaceutical services and assistants etc.

1 Omit the following provisions of the National Health Service Act 2006—
a section 146 (lists of persons performing local pharmaceutical services) and the preceding cross-heading,
b section 149 (supplementary lists), and
c section 150 (further provision about supplementary lists).
2 After section 147 of that Act insert—
3 For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional inclusion in pharmaceutical lists”.
4 In section 159 of that Act (national disqualification), in subsection (1)—
a omit paragraph (b), and
b in paragraph (d), for “section 146” substitute “section 147A”.
5 In section 276 of that Act (index of defined expressions), omit the entry for “supplementary list”.
6 In Schedule 17 to that Act (exempt information relating to health services), in paragraph 13(1)(b), for “146” substitute “147A”.
7 Regulations under section 146 or 149 of that Act having effect immediately before the commencement of subsection (1) of this section are, despite the repeals made by that subsection, to continue to have effect as if they had been made under section 147A of that Act (as inserted by subsection (2) of this section).

PART 7  Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

I161209 Power to regulate social workers etc. in England

1 Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows.
2 In subsection (1), after paragraph (b) insert—
.
3 In that subsection, after paragraph (bb) insert—
.
4 In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession in England)”.
5 After that subsection insert—
6 After subsection (2ZA) insert—
7 After subsection (2ZC) insert—
8 After subsection (2ZD) insert—
9 After subsection (2ZE) insert—
10 For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social workers, other care workers etc.”.
11 In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person's fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.
12 After that subsection insert—
13 In subsection (3) of that section, at the end insert “or the social work profession in England (within the meaning given in section 60(2ZA)”.

I162210 Training etc. of approved mental health professionals in England

In section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph (e) insert—
.

I163211 I61Orders regulating social care workers in England: further provision

1 Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under section 60 of that Act) is amended as follows.
2 After paragraph 1 (matters generally within the scope of the Orders) insert—
3 After paragraph 1A insert—
4 In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-paragraph (1), for paragraph (c) substitute—
.
5 In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph (2) insert—
6 In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)—
a after “represent any profession” insert “or any social care workers in England”, and
b after “by any profession” insert “or any social care workers in England”.
7 In paragraph 10 (interpretation)—
a at the appropriate place insert the following—
, and
b in the definition of “regulatory body”—
i after “any profession” insert “or any social care workers in England”, and
ii after “the profession” insert “or the social care workers in England concerned”.
8 In paragraph 11 (application), after sub-paragraph (2) insert—

The General Social Care Council

212 Abolition of the General Social Care Council

I2581 The General Social Care Council is abolished.
I1642 In section 54 of the Care Standards Act 2000 (the Care Councils)—
a in subsection (1), omit paragraph (a) and the “and” following it,
b in that subsection, for “conferred on them” substitute “conferred on it”,
c omit subsection (2),
d in subsection (4), for “Each Council” substitute “The Welsh Council”,
e in subsection (6), for “a Council” substitute “the Welsh Council”, and
f omit subsection (7).
I1643 For the title to that section substitute “The Care Council for Wales”.

The Health and Care Professions Council

F38213 Regulation of social workers in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I165214 The Health and Care Professions Council

1 The body corporate known as the Health Professions Council—
a is to continue to exist, and
b is to change its name to the Health and Care Professions Council.
2 In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute—
3 For the title to that article substitute “The Health and Care Professions Council and its Committees”.
4 In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.

F39215 Functions of the Council in relation to social work in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40216 Appeals in cases involving social workers in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I166217 Approval of courses for approved mental health professionals

1 Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.
2 Before section 114A insert—
3 In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after “section” insert “114ZA or”.
4 Section 114A (approval of courses) is amended as follows.
5 For subsection (1) substitute—
6 Omit subsection (3).
7 In subsection (5), omit “General Social Care Council and the”.
8 For the title to that section substitute “Approval of courses: Wales”.

I167218 Exercise of function of approving courses, etc.

1 The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
2 In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
3 After paragraph (5) of that article insert—
4 In article 14 (the Council's education and training committee), after sub-paragraph (b) insert—
.
5 After article 15 insert—
6 In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”
7 In article 17 (information), after paragraph (3) insert—
8 In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—
9 In that article—
a in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
b in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
10 In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.
11 In article 45 (finances of the Council), after paragraph (3) insert—

219 Arrangements with other health or social care regulators

1 After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—
2 In Schedule 3 to that Order (interpretation), at the appropriate place, insert—
.

I168220 References in enactments to registered health professionals, etc.

1 In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert—
2 In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical services), after subsection (1B) insert—
3 In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert—
4 In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the Notes, after Note (2) insert—
5 In section 69 of the Data Protection Act 1998 (meaning of “health professional”), at the end of paragraph (h) of subsection (1), insert “, except in so far as the person is registered as a social worker in England (within the meaning of that Order)”.
6 In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after subsection (3) insert—
7 In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
8 In section 80 of the National Health Service (Wales) Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—

Role of the Secretary of State

I62I169221 Functions of the Secretary of State in relation to social care workers

1 In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after subsection (1) insert—
2 In subsection (2) of that section, after “take part in” insert “courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,”.
3 The Secretary of State may make arrangements with the Health and Care Professions Council for the discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose “the relevant period” is the period—
a beginning with the day on which this Act is passed, and
b ending with the commencement of section 212(1).

The Professional Standards Authority for Health and Social Care

I373222 The Professional Standards Authority for Health and Social Care

1 The body corporate known as the Council for Healthcare Regulatory Excellence—
a is to continue to exist, and
b is to change its name to the Professional Standards Authority for Health and Social Care.
2 In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002 (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)—
a for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
b for “ “the Council”” substitute “ “the Authority””.
3 For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social Care”.
4 For the cross-heading preceding that section substitute “The Professional Standards Authority for Health and Social Care”.
5 For the title of Part 2 of that Act substitute “Health and Social Care Professions etc.”.

223 Functions of the Authority

I1701 In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority), in subsection (2)(a), for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
I1702 In subsection (2A) of that section, for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
I2593 In section 26A of that Act (powers of Secretary of State etc. to request the Authority for advice), after subsection (1) insert—
I10894 After subsection (2) of that section insert—
I1705 In subsection (3) of that section, after “this section” insert
.
I2596 In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for “patients” substitute “users of health care, users of social care in England or users of social work services in England”.
I10907 In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for “Secretary of State” substitute “Privy Council”.
I10908 In subsection (7) of that section—
a for “Secretary of State” substitute “Privy Council”, and
b in paragraph (a), omit “he or”.
I1709 In section 29 of that Act (reference of disciplinary cases to court by the Authority), in subsection (5), after “subsection (4)” insert “(subject to subsection (5A))”.
I17010 After subsection (5) of that section insert—
I109011 In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
I109012 In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.
I109013 After subsection (3D) of that section (inserted by section 224(3)) insert—
I17014 In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.

I1087224 I63Funding of the Authority

1 After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—
2 In section 25(5) of that Act (meaning of “this group of sections”) for “26” substitute “25A”.
3 In section 38 of that Act (regulations and orders) after subsection (3) insert—
4 In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), after sub-paragraph (2) insert—
5 In that paragraph, omit sub-paragraphs (5) and (6).

I1088225 Power to advise regulatory bodies, investigate complaints, etc.

1 After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert—
2 In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.
3 In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.

226 Accountability and governance

I374I10921 Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows.
2 In paragraph 4 (membership and chair)—
I1086a in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and
I375b in paragraph (f), for “two executive members” substitute “one executive member”.
I10913 In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.
I10914 In paragraph 10 (remuneration and allowances)—
a in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and
b for sub-paragraphs (3) and (4) substitute—
I3755 In paragraph 11 (employees)—
a in sub-paragraph (1), for “members” substitute “member”, and
b in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.
I10916 In paragraph 15 (accounts)—
a in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”, and
b in sub-paragraph (3)—
i omit “the Secretary of State and”, and
ii for “the Secretary of State” substitute “the Privy Council”.
I10917 In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—
I10918 In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each of its strategic plans published in that year,”.
I10919 In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—

I121227 Appointments to regulatory bodies

After section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert—

I376228 Establishment of voluntary registers

After section 25C of the National Health Service Reform and Health Care Professions Act 2002 insert—

I377229 Accreditation of voluntary registers

1 After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert—
2 In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—
3 After subsection (3) of that section insert—
4 After subsection (4) of that section insert—
5 After subsection (12) of that section insert—
6 In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert—
7 In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert—
8 In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
9 At the end of subsection (4) of that section insert “(other than its accreditation functions)”.

Consequential provision etc.

230 I64Consequential provisions and savings, etc.

I171I3721 Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and savings relating to the preceding provisions of this Part) have effect.
I160I3722 The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of the preceding provisions of this Part.
I160I3723 The quorum for the exercise of the power under subsection (2) is two.
I160I3724 Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument signed by the Clerk of the Council.
I1605 In section 38 of the National Health Service Reform and Health Care Professions Act 2002 (regulations and orders), after subsection (4) insert—
I160I3726 The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect the power to make a further Order in Council under that section amending or revoking provision made by those amendments.

The Office of the Health Professions Adjudicator

I122231 Abolition of the Office of the Health Professions Adjudicator

1 The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
2 In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).
3 All property, rights and liabilities to which the OHPA is entitled or subject immediately before the commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of State.
4 Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.

PART 8  The National Institute for Health and Care Excellence

Establishment and general duties

I557232 The National Institute for Health and Care Excellence

1 There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “NICE”).
2 Schedule 16 (which makes further provision about NICE) has effect.

I558233 General duties

1 In exercising its functions NICE must have regard to—
a the broad balance between the benefits and costs of the provision of health services or of social care in England,
b the degree of need of persons for health services or social care in England, and
c the desirability of promoting innovation in the provision of health services or of social care in England.
2 NICE must exercise its functions effectively, efficiently and economically.
3 In this Part—
  • “health services” means services which must or may be provided as part of the health service in England;
  • “social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

Functions: quality standards

I559234 I65Quality standards

1 The relevant commissioner may direct NICE to prepare statements of standards in relation to the provision of—
a NHS services,
b public health services, or
c social care in England.
2 In this Part such a statement is referred to as a “quality standard”.
3 In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard.
4 NICE must keep a quality standard under review and may revise it as it considers appropriate.
5 A quality standard (and any revised standard)—
a has no effect unless it is endorsed by the relevant commissioner, and
b must not be published by NICE unless the relevant commissioner so requires.
6 The relevant commissioner may require NICE—
a to publish the standard (or revised standard) or to disseminate it to persons specified by the relevant commissioner, and
b to do so in the manner specified by the relevant commissioner.
7 NICE must—
a establish a procedure for the preparation of quality standards, and
b consult such persons as it considers appropriate in establishing that procedure.
8 Subsection (9) applies in a case where the Secretary of State and NHS England each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.
9 In such a case—
a the Secretary of State and NHS England may issue a joint direction under subsection (1), and
b if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned.
10 In this section “the relevant commissioner”—
a in relation to a quality standard in relation to the provision of NHS services, means NHS England, and
b in relation to a quality standard in relation to the provision of public health services or of social care in England, means the Secretary of State,
and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both the Secretary of State and NHS England.
11 In this Part—
  • “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
  • “public health services” means services provided pursuant to the functions of—
    1. the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, or
    2. a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.

I560235 I66Supply of quality standards to other persons

1 Regulations may confer powers on NICE in relation to the supply by NICE of quality standards to—
a devolved authorities;
b other persons (whether or not in the United Kingdom).
2 The regulations may in particular—
a confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection (1), and
b provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so mentioned.
3 Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
4 In this section “devolved authority” means—
a the Scottish Ministers,
b the Welsh Ministers, and
c the Department of Health, Social Services and Public Safety in Northern Ireland.

I561236 Advice or guidance to the Secretary of State or NHS England

1 NICE must give advice or guidance to the Secretary of State or NHS England on any quality matter referred to it by the Secretary of State or (as the case may be) NHS England.
2 “Quality matter”—
a in relation to the Secretary of State, means any matter in relation to which the Secretary of State has the power to direct NICE to prepare a quality standard, and
b in relation to NHS England, means any matter in relation to which NHS England has the power to direct NICE to prepare a quality standard.

Functions: advice, guidance etc.

I562237 I67Advice, guidance, information and recommendations

1 Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of information or making of recommendations about any matter concerning or connected with the provision of—
a NHS services,
b public health services, or
c social care in England.
2 The regulations may provide that a function conferred under subsection (1)(a)—
a is only exercisable on the direction of the Secretary of State or NHS England;
b is subject to directions given by the Secretary of State or (as the case may be) NHS England about NICE's exercise of the function.
3 The regulations may provide that a function conferred under subsection (1)(b) or (c)—
a is only exercisable on the direction of the Secretary of State;
b is subject to directions given by the Secretary of State about NICE's exercise of the function.
4 Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.
5 The regulations may make provision about—
a the persons who may request or require that advice, guidance, information or recommendations be given, provided or (as the case may be) made by NICE,
b the publication or other dissemination of the advice, guidance, information or recommendations (whether by NICE, the Secretary of State or NHS England), and
c the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations.
6 Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
7 The regulations must make provision about—
a the establishment by NICE of procedures for the giving of advice or guidance, provision of information or making of recommendations under the regulations, and
b consultation by NICE in establishing the procedures.
8 The regulations may make provision requiring specified health or social care bodies, or health or social care bodies of a specified description, to—
a have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE pursuant to the regulations;
b comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations.
9 Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—
a generally in the exercise of functions, or
b in the exercise of specified functions or functions of a specified description.
10 But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to—
a the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006;
b the exercise by an authority of the functions of any other person by virtue of any provision of that Act.
11 In this section—
  • “health or social care body” means any public body exercising functions in connection with the provision of health services or of social care in England;
  • “local authority” means—
    1. a county council in England;
    2. a district council in England, other than a council for a district in a county for which there is a county council;
    3. a London borough council;
    4. the Council of the Isles of Scilly;
    5. the Common Council of the City of London;
  • ‘ “public body” means a body or other person whose functions—
    1. are of a public nature, or
    2. include functions of that nature,
    but, in the latter case, the body or person is a public body to the extent only of those functions;
  • “specified” means specified in the regulations.

I563238 I68NICE recommendations: appeals

1 Regulations under section 237 may make provision about appeals against recommendations made by NICE pursuant to the regulations.
2 The regulations may, in particular, include provision about—
a the types of recommendations in relation to which an appeal may be brought,
b the persons who may bring an appeal,
c the grounds on which an appeal may be brought, and
d the persons by whom an appeal is to be heard.

I564239 I69Training

1 Regulations may confer functions on NICE in relation to providing, or facilitating the provision of, training in connection with any matter concerning or connected with the provision of—
a NHS services,
b public health services, or
c social care in England.
2 The regulations may provide that a function conferred under subsection (1)(a)—
a is only exercisable on the direction of NHS England;
b is subject to directions given by NHS England about NICE's exercise of the function.
3 The regulations may provide that a function conferred under subsection (1)(b) or (c)—
a is only exercisable on the direction of the Secretary of State;
b is subject to directions given by the Secretary of State about NICE's exercise of the function.
4 The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training.
5 Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.

I565240 I70Advisory services

1 Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the United Kingdom) in relation to any matter concerning or connected with—
a the provision of health care,
b the protection or improvement of public health, or
c the provision of social care.
2 The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice.
3 Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
4 In this Part “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

I566241 I71Commissioning guidance

1 NHS England may direct NICE to exercise any of NHS England’s functions in relation to the preparation of the guidance required to be published by NHS England under section 14Z51 of the National Health Service Act 2006 so far as relating to arrangements for the provision of services as part of the health service (the “commissioning guidance”).
2 A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.
3 If requested to do so, NICE must—
a provide NHS England with information or advice on such matters connected to NHS England’s functions in respect of the commissioning guidance as may be specified in the request, and
b disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.

Functions: other

I567242 I72NICE's charter

1 Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
2 The regulations may, in particular, make provision about—
a the information to be provided in the charter,
b the timing of preparation of the charter,
c review and revision by NICE of the charter, and
d the manner in which the charter must or may be published.

I568243 Additional functions

1 NICE may do any of the following—
a acquire, produce, manufacture and supply goods,
b acquire land by agreement and manage and deal with land,
c supply accommodation to any person,
d supply services to any person and provide new services,
e provide instruction for any person, and
f develop and exploit ideas and exploit intellectual property.
2 But NICE may exercise a power under subsection (1) only—
a if doing so is connected with the provision of health care or social care, and
b to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any function it has under or by virtue of any other provision of this Part.
3 NICE may—
a charge for anything it does in the exercise of a power under subsection (1), and
b calculate any such charge on the basis that it considers to be the appropriate commercial basis.

I569244 Arrangements with other bodies

1 NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required or authorised to provide by virtue of this Part.
2 The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to NICE.

I570245 I73Failure by NICE to discharge any of its functions

1 The Secretary of State may give a direction to NICE if the Secretary of State considers that—
a NICE—
i is failing or has failed to discharge any of its functions, or
ii is failing or has failed properly to discharge any of its functions, and
b the failure is significant.
2 A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
3 If NICE fails to comply with a direction under subsection (1), the Secretary of State may—
a discharge the functions to which it relates, or
b make arrangements for any other person to discharge them on the Secretary of State's behalf.
4 Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
5 For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.

I571246 Protection from personal liability

1 Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to NICE.
2 In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.

Supplementary

I572247 Interpretation of this Part

In this Part—
  • F266...
  • “health care” has the meaning given by section 240(4);
  • “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
  • “health services” has the meaning given by section 233(3);
  • “NHS services” has the meaning given by section 234(11);
  • “public health services” has the meaning given by section 234(11);
  • “quality standard” has the meaning given by section 234(2);
  • “social care” has the meaning given by section 233(3).

I573248 Dissolution of predecessor body

The Special Health Authority known as the National Institute for Health and Clinical Excellence is abolished.

I574249 I74Consequential and transitional provision

1 Schedule 17 (which contains consequential provision) has effect.
2 A statement of standards prepared and published by the Institute before commencement is to be treated on and after commencement as if it were a quality standard—
a prepared and published by NICE in accordance with section 234,
b endorsed under subsection (5) of that section, and
c in respect of which the transitional commissioner is the relevant commissioner for the purposes of that section.
3 Subsections (4) to (6) apply to a case where before commencement—
a the Secretary of State has referred a matter to the Institute for the purpose of preparing and publishing a statement of standards, but
b the Institute has not published the statement.
4 The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.
5 Anything done by the Institute before commencement in relation to the matter is to be treated on and after commencement as having been done by NICE in pursuance of the direction.
6 Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234(3) in relation to the preparation of the quality standard.
7 A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234(7) for the preparation of quality standards.
8 For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of State, after consulting NHS England, may direct that in relation to a particular statement of standards or matter the transitional commissioner is—
a NHS England, or
b both the Secretary of State and NHS England.
9 In this section—
  • “commencement” means the commencement of section 234;
  • “the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
  • “statement of standards” means a document containing advice to the Secretary of State in relation to the quality of the provision of health care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of State on 27 July 2009.

PART 9 Health and adult social care services: information

CHAPTER 1 Information standards

Powers to publish standards

I575250 Powers to publish information standards

1 The Secretary of State or NHS England may prepare and publish an information standard.
2 For the purposes of this Part “an information standard” is a standard in relation to the processing of information and includes, among other things, a standard relating to information technology or IT services used, or intended to be used, in connection with the processing of information (see section 250A).
2A An information standard must specify to whom it applies.
2B An information standard may apply to one or more persons falling within the following paragraphs—
a the Secretary of State;
b NHS England;
c a public body which exercises functions in connection with the provision in, or in relation to, England of health care or of adult social care F494...;
d any person, other than a public body, who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act).
e a relevant IT provider.
3 The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision in, or in relation to, England of health care or of adult social care F492....
4 NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.
F4735 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 The Secretary of State must—
a have regard to any information standard published by NHS England that applies to the Secretary of State, and
b comply with any information standard published by the Secretary of State that applies to the Secretary of State.
6A Any other person to whom an information standard published under this section applies must comply with the information standard, except in so far as the requirement to comply is waived (see subsection (6B)).
6B Regulations may confer on a person who publishes an information standard the power to waive a person’s requirement to comply with the information standard (in whole or in part and generally or for a specific period).
6C The regulations may include provision—
a limiting the circumstances in which waivers may be granted;
b setting out the procedure to be followed in connection with waivers;
c requiring an information standard to include specified information about waivers.
6D For enforcement of information standards against persons other than public bodies, see section 277E.
d any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
7 In this Chapter—
  • “adult social care”—
    1. includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
    2. does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
  • “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
  • “information technology” includes—
    1. computers,
    2. other devices whose uses include the processing of information by electronic means (“IT devices”),
    3. parts, accessories and other equipment made or adapted for use in connection with computers or IT devices,
    4. software and code made or adapted for use in connection with computers or IT devices, and
    5. networks and other infrastructure (whether physical or virtual) used in connection with other information technology;
  • “IT service” means an information technology service, including any service (whether physical or virtual) which consists of, or is provided in connection with, the development, making available, operation or maintenance of information technology;
  • F475...
  • “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
  • “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) F487... of that Act);
  • “public body” means a body or other person whose functions—
    1. are of a public nature, or
    2. include functions of that nature,
    but in the latter case, the body or person is a public body to the extent only of those functions.
  • “relevant IT provider” means a person involved in marketing, supplying, providing or otherwise making available—
    1. information technology,
    2. an IT service, or
    3. a service which consists of processing information using information technology,
    whether for payment or free of charge, but only so far as the technology or service is used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.

250A Standards relating to information technology

1 An information standard relating to information technology or IT services may, among other things, make provision about—
a the design, quality, capabilities or other characteristics of such technology or services;
b contracts or other arrangements under which such technology or services are marketed, supplied, provided or otherwise made available.
2 An information standard may include technical provision about information technology or IT services, including provision about—
a functionality;
b connectivity;
c interoperability;
d portability;
e storage of, and access to, information;
f security of information.
3 An information standard may make provision by reference to open standards or proprietary standards.

251 F495... Procedure etc

1 Regulations—
a must make provision about the procedure to be followed in connection with the preparation and publication of information standards under section 250;
b may require an information standard published under section 250 to be reviewed periodically in accordance with the regulations.
2 Before laying a draft of regulations under subsection (1) before either House of Parliament, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
3 The power under section 250(1) may be exercised by—
a adopting an information standard prepared or published by another person, including as it has effect from time to time, or
b making provision by reference to an international agreement or another document, including as it has effect from time to time.

Compliance with standards

251ZA Monitoring compliance

1 The Secretary of State may require a person to provide the Secretary of State with documents, records or other information for the purposes of monitoring the person’s compliance with information standards published under section 250.
2 A requirement under subsection (1) may specify—
a the form and manner in which information is to be provided, and
b when information is to be provided.
3 A requirement under subsection (1) must be in writing.
4 For enforcement of requirements under subsection (1) against persons other than public bodies, see section 277E.

251ZB Notice requesting compliance by relevant IT providers

1 If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may give the provider a written notice which—
a identifies the standard in question,
b sets out the Secretary of State’s grounds for suspecting that the provider is not complying with the standard,
c asks the provider to comply with the standard within a period specified in the notice,
d asks the provider, within a period specified in the notice, to provide evidence to the Secretary of State’s satisfaction that the provider is complying with the standard, and
e if the Secretary of State considers it appropriate, sets out the steps that the Secretary of State considers the provider must take, within a period specified in the notice, in order to comply with the standard.
2 A period specified for the purposes of subsection (1)(c), (d) or (e) must be a period of at least 28 days beginning with the day on which the notice is given.
3 The Secretary of State may, by giving the relevant IT provider a further written notice, vary or revoke a notice given under subsection (1).

251ZC Public censure of relevant IT providers

1 If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may publish a statement to that effect.
2 The statement may include the text of a notice given to the provider under section 251ZB.
3 Before publishing a statement under this section, the Secretary of State must give the relevant IT provider—
a a copy of the terms of the proposed statement, and
b an opportunity to make representations about the decision to publish a statement and the terms of the statement.
4 If, after considering any representations, the Secretary of State decides to publish the statement, the Secretary of State must inform the relevant IT provider before publishing it.
5 This section does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by this section).
6 In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

251ZD Exercise of functions of Secretary of State by other persons

1 The Secretary of State may—
a direct a public body to exercise some or all of the functions listed in subsection (3), and
b give the public body directions about the exercise of those functions, including directions about the processing of information that the body obtains in exercising those functions.
2 The Secretary of State may make arrangements for a person prescribed by regulations under this subsection to exercise some or all of the functions listed in subsection (3).
3 Those functions are—
a the Secretary of State’s functions under section 251ZA, so far as they relate to relevant IT providers, and
b the Secretary of State’s functions under section 251ZB.
4 Arrangements under subsection (2) may—
a provide for the Secretary of State to make payments to the person, and
b make provision as to the circumstances in which such payments are to be repaid to the Secretary of State.
5 Section 304(9) applies in relation to the power to make arrangements under subsection (2) as it applies to a power of the Secretary of State to give directions under this Act.

Accreditation

251ZE Accreditation of information technology etc

1 Regulations may make provision for the establishment and operation of a scheme for the accreditation of information technology and IT services so far as used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.
2 The regulations may provide for the scheme to be established and operated by a person specified in the regulations (“the operator”).
3 The regulations may, among other things, confer power on the operator—
a to establish the procedure for accreditation under the scheme,
b to set the criteria for accreditation under the scheme (“the accreditation criteria”),
c to keep an accreditation under the scheme under review, and
d to charge a reasonable fee in respect of an application for accreditation.
4 The regulations may, among other things, make provision requiring the operator—
a to set some or all of the accreditation criteria by reference to information standards,
b to publish details of the scheme, including the accreditation criteria,
c to provide for the review of a decision to refuse an application for accreditation, and
d to provide advice to applicants for accreditation with a view to ensuring that the accreditation criteria are met.

CHAPTER 1A Continuity of Information

251A Consistent identifiers

1 The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.
2 “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—
a relates to an individual, and
b forms part of a set of similar identifiers that is of general application.
3 Subsection (4) applies if—
a a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and
b the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.
4 If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).
5 Subsection (4) applies only so far as the relevant person considers that the inclusion is—
a likely to facilitate the provision to the individual of health services or adult social care in England, and
b in the individual's best interests.
6 The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—
a the relevant person does not know the consistent identifier and is not reasonably able to learn it;
b the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;
c the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
d for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).
7 This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
a any provision of the data protection legislation, or
b a common law duty of care or confidence.
8 This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).
9 In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

251B Duty to share information

1 This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
2 The relevant person must ensure that the information is disclosed to—
a persons working for the relevant person, and
b any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
but this is subject to subsections (3) to (6).
3 Subsection (2) applies only so far as the relevant person considers that the disclosure is—
a likely to facilitate the provision to the individual of health services or adult social care in England, and
b in the individual's best interests.
4 The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
a the individual objects, or would be likely to object, to the disclosure of the information;
b the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
c for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
5 This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
a any provision of the data protection legislation, or
b a common law duty of care or confidence.
6 This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).
7 In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

251C C8Continuity of information: interpretation

1 This section applies for the purposes of sections 251A and 251B and this section.
2 “Relevant health or adult social care commissioner or provider” means—
a any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and
b any person (other than a public body) so far as the person provides such services or care—
i pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and
ii otherwise than as a member or officer of a body or an employee of a person,
but this is subject to subsection (3).
3 The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.
4 Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.
5 A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).
6 “Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.
6A “Health services” means services which must or may be provided as part of the health service in England; and for that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act).
7 “Adult social care” and “public body” have the same meaning as in section 250; and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section.

C10CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

F367... General duties

F393252 The Health and Social Care Information Centre

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I576253 NHS England data functions: general

1 NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—
a the information standards published by the Secretary of State or NHS England under section 250,
b such guidance issued by the Secretary of State as the Secretary of State may require,
F396c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ca the need to respect and promote the privacy of recipients of health services and of adult social care in England, F355...
cb the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,
d the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England , and
e the need to balance the needs mentioned in this subsection against one another, so far as they compete.
2 NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.
F3952A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In this Chapter—
  • “adult social care”—
    1. includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
    2. does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
  • “health services” means services which must or may be provided as part of the health service in England.
  • “relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under—
    1. this Chapter and Chapter 3;
    2. regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;
    3. section 2 of the Access to Medical Treatments (Innovation) Act 2016;
    4. sections 7A and 19 of the Medicines and Medical Devices Act 2021.

Functions: information systems

I577C10C11254 C10I75Powers to direct NHS England to establish information systems

1 The Secretary of State F399... may direct NHS England to establish and operate a system for the collection or analysis of information of a description specified in the direction.
2 A direction may be given under subsection (1) by the Secretary of State only if—
a the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
b the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
F3983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Before giving a direction under subsection (1) the Secretary of State F401... must consult NHS England.
F4036 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4047 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I578255 C10I76Powers to request NHS England to establish information systems

1 Any person (including a devolved authority) may request NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.
2 A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
3 NHS England must comply with a mandatory request unless NHS England considers that the request relates to information of a description prescribed in regulations.
4 For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
a it is made by a principal body, and
b the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.
F4075 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4086 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Subsection (8) applies where NHS England has discretion under this section as to whether to comply with—
a a mandatory request, or
b other request under subsection (1).
8 In deciding whether to comply with the request, NHS England—
a must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by NHS England of any of its functions, and
b may take into account the extent to which the principal body or other person making the request has had regard to—
i the code of practice prepared and published by NHS England under section 263, and
ii advice or guidance given by NHS England under section 265.
9 In this section “principal body” means—
F273a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the Care Quality Commission,
c the National Institute for Health and Care Excellence, and
d such other persons as may be prescribed in regulations.
10 In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

I579256 C10Requests for collection under section 255: confidential information

1 A request under section 255 is a confidential collection request if it is a request for NHS England to establish and operate a system for the collection of information which is in a form which—
a identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or
b enables the identity of such an individual to be ascertained.
2 A person may make a confidential collection request under section 255 only if the request—
a is a mandatory request,
b relates to information which the person making the request (“R”) may require to be disclosed to R or to NHS England by the person holding it, or
c relates to information which may otherwise be lawfully disclosed to NHS England or to R by the person holding it.

I580257 C10Requests under section 255: supplementary

1 NHS England must publish procedures for—
a the making and consideration of requests under section 255, and
b the reconsideration by NHS England of a decision not to comply with such a request.
2 The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to NHS England within a reasonable period for the purposes of the reconsideration.
3 NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
4 Before making a request under section 255 a person must consult NHS England.
5 NHS England must publish details of—
a any mandatory request, and
b any other request under section 255 with which NHS England is obliged, or decides, to comply.

I581C10C12258 C10Information systems: supplementary

1 Before establishing an information system pursuant to a direction under section 254 or a request under section 255 NHS England must consult—
a the person who gave the direction or made the request,
b representatives of other persons who NHS England considers are likely to use the information to which the direction or request relates,
c representatives of persons from whom any information will be collected, and
d such other persons as NHS England considers appropriate.
2 If NHS England reasonably believes that there is no longer a need to retain information which it has obtained by complying with a direction under section 254 or a request under section 255, NHS England may destroy the information.

I582259 C10Powers to require and request provision of information

1 NHS England may—
a require any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purposes of any function it exercises by virtue of this Chapter, and
b request any other person to provide it with such information.
2 Those persons are—
a a health or social care body;
b any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
3 But NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).
4 In such a case, NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purpose of complying with the request.
5 A requirement under subsection (1)(a) must be complied with by providing the information to NHS England in such form and manner, and within such period, as NHS England may specify.
6 If NHS England considers it appropriate to do so, NHS England may make a payment to any person who has provided information to NHS England pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.
7 If NHS England considers it appropriate to do so, NHS England may make a payment to any person mentioned in subsection (2)(b) who has provided information to NHS England pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.
8 NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
9 In imposing requirements under this section NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
10 The provision of information under this section—
a does not breach any obligation of confidence owed by the person providing it, but
b is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
11 In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.

I583260 C10I77Publication of information

1 NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, NHS England must not publish it.
2 Information falls within this subsection if—
a the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,
b the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,
c NHS England considers that—
i the information fails to meet the information standards published under section 250 (so far as they are applicable), and
ii it would not be in the public interest to publish the information, or
d the information is of a description specified in a direction given to NHS England by the Secretary of State F387....
3 A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
4 Where NHS England publishes information which it obtains by complying with F389... a mandatory request under section 255, NHS England—
a must comply with the requirements (if any) specified in the F390... mandatory request as to the form, manner and timing of publication of the information, and
b may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
5 Where NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, NHS England—
a may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
b may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
6 In considering the appropriate form, manner and timing of publication of information under this section, NHS England must have regard to—
a the need for the information to be easily accessible,
b the persons who NHS England considers likely to use the information, and
c the uses to which NHS England considers the information is likely to be put.
7 In this Chapter “relevant person” means—
a any person who provides health care or adult social care, or
b any body corporate not falling within paragraph (a).

I584261 C10I78Other dissemination of information

1 NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
a which it obtains by complying with a direction under section 254 or a request under section 255, and
b which falls within subsection (2).
1A But NHS England may do so only if it considers that disseminating the information would be for purposes connected with—
a the provision of health care or adult social care, or
b the promotion of health.
2 Information falls within this subsection if—
a the information is required to be published under section 260;
b the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
i the relevant person has consented to the dissemination, or
ii NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
c the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
d NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated;
e NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
3 A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction.
4 NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information.
5 NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
a the information has previously been lawfully disclosed to the public,
b the disclosure is made in accordance with any court order,
c the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
d the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
e the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
f the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
6 Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
7 Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
8 For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
9 For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.

I585262 C10I79Other dissemination: directions and requests under sections 254 and 255

F4281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 A request under section 255 may request NHS England to exercise—
a the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or
b any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
5 A F424... request under section 255 may request, NHS England not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the F426... request.
6 Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).
7 A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.

262A C10Publication and other dissemination: supplementary

In exercising any function F429... of publishing or otherwise disseminating information obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).

I586263 C10Code of practice on confidential information

1 NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
2 For the purposes of this section “confidential information” is—
a information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
b any other information in respect of which the person who holds it owes an obligation of confidence.
3 Before publishing the code, NHS England must consult—
a the Secretary of State, and
F435b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c such other persons as NHS England considers appropriate.
4 NHS England must not publish the code without the approval of the Secretary of State.
5 NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
6 A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
7 A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.
F4318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I587264 C10Information Register

NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.

I588265 C10Advice or guidance

1 NHS England—
a may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
b must, if requested to do so by the Secretary of State F441..., give advice or guidance on any such matter as may be specified in the request to—
i the Secretary of State F442...;
ii such other persons as may be specified in the request.
2 Those persons are—
a the Secretary of State,
F443b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c any person who makes, or is proposing to make, a request under section 255,
d any health or social care body, and
e any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
3 The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
4 For the purposes of subsection (3) a review period is—
a the period of 3 years beginning with the day on which this section comes into force, and
b each subsequent period of 3 years.
5 A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.
6 A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.

Functions: quality of health and social care information

I589266 Assessment of quality of information

NHS England must from time to time—
a assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and
b publish a record of the results of the assessment.

I590267 I80Power to establish accreditation scheme

1 Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).
2 The regulations may provide that the accreditation scheme is to be established and operated by NHS England or such other person as the Secretary of State may specify in the regulations (the “operator”).
3 The regulations may, in particular, confer power on the operator—
a to establish the procedure for accrediting information service providers under the scheme,
b to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),
c to keep an accreditation under the scheme under review, and
d to charge a reasonable fee in respect of an application for accreditation.
4 The regulations may make provision requiring the operator—
a to publish details of the scheme, including, in particular, the accreditation criteria,
b to provide for the review of a decision to refuse an application for accreditation, and
c to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.
5 In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.

Functions: other

I591268 I81Database of quality indicators

1 Regulations may make provision conferring functions on NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.
2 The regulations may, in particular, make provision about—
a the persons who may propose a quality indicator for inclusion in the database,
b the giving of advice and guidance by NHS England to such persons in relation to such a proposal,
c the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or NHS England may direct, and
d the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.
3 In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.

I592269 I82Power to confer functions in relation to identification of GPs

1 Regulations may make provision conferring functions on NHS England in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.
2 In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.

I593270 Additional functions

1 NHS England may do any of the following—
a acquire, produce, manufacture and supply goods,
b acquire land by agreement and manage and deal with land,
c supply accommodation to any person,
d supply services to any person and provide new services,
e provide instruction for any person, and
f develop and exploit ideas and exploit intellectual property.
2 But NHS England may exercise a power under subsection (1) only—
a if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and
b to the extent that its exercise does not to any significant extent interfere with the performance by NHS England of any function under or by virtue of any other provision of this or any other Act.
3 NHS England may—
a charge for anything it does in the exercise of a power under subsection (1), and
b calculate any such charge on the basis that it considers to be the appropriate commercial basis.
4 Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).

F363271 Arrangements with other bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363272 Failure by Information Centre to discharge any of its functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363273 Protection from personal liability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and supplementary

I594274 I83Powers of Secretary of State or NHS England to give directions

1 Regulations may make provision conferring powers on the Secretary of State to give directions—
a requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;
b requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified;
c requiring NHS England to exercise such of the information functions of any health or social care body as may be specified;
d requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified.
1A Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.
2 A function required to be exercised by a direction given by the Secretary of State F376... by virtue of subsection (1) is subject to directions given by the Secretary of State F377... about the exercise of the function.
2A A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function.
3 A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of NHS England only if the function relates to information which is of a description prescribed in the regulations and—
a in respect of which the Secretary of State may give a direction under section 254, or
b which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.
F3794 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 A power conferred under subsection (1)(a) or (1A) must provide that a direction must include provision requiring the body in question to provide NHS England with the information it needs to comply with the duty under section 264 (duty to publish information register).
6 A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given.
F3837 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F384... from exercising the function in respect of which the direction is given.
9 In this section—
  • “information function” means a function in relation to the collection, analysis, publication or other dissemination of information;
  • “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
  • “specified” means specified in a direction given under regulations made under subsection (1) or (1A);
  • systems delivery function” means a function which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England.

274A Secretary of State’s guidance about NHS England data functions

1 The Secretary of State must publish guidance for NHS England about the exercise of—
a its relevant data functions, and
b its other functions in connection with its relevant data functions.
2 Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.
3 NHS England must have regard to guidance published under this section.

I595275 Interpretation of this Chapter

In this Chapter—
  • “adult social care” has the meaning given by section 253(3);
  • F276...
  • “devolved authority” means—
    1. the Scottish Ministers;
    2. the Welsh Ministers; and
    3. a Northern Ireland Minister;
  • “health care” has the meaning given by section 255(10);
  • “health or social care body” has the meaning given by section 259(11);
  • “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
  • “health services” has the meaning given by section 253(3);
  • “mandatory request” has the meaning given by section 255(4);
  • “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
  • “public body” means a body or other person whose functions—
    1. are of a public nature, or
    2. include functions of that nature,
    but in the latter case, the body or person is a public body to the extent only of those functions;
  • “relevant data functions” has the meaning given by section 253(3);
  • “relevant person” has the meaning given by section 260(7).

I596276 Dissolution of predecessor body

The Special Health Authority known as the Health and Social Care Information Centre is abolished.

I597277 Consequential provision

Schedule 19 (which contains consequential provision) has effect.

CHAPTER 3 Information about adult social care

277A Provision of adult social care information to Secretary of State

1 The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—
a the person on whom the requirement is imposed,
b their activities in connection with the provision of adult social care in England, or
c any person to whom they have provided —
i adult social care in England, or
ii adult social care, outside England, in pursuance of arrangements made by an English local authority.
2 The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.
3 A requirement under subsection (1) may specify—
a the form and manner in which information is to be provided, and
b when information is to be provided.
4 A requirement under subsection (1) must be in writing.
5 The provision of information under this section—
a does not breach any obligation of confidence owed by the person providing it, but
b is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).
6 For enforcement of requirements under subsection (1), see section 277E.
7 In this section—
  • “adult social care”—
    1. includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
    2. does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
  • “English local authority” means—
    1. a county council in England;
    2. a district council for an area in England for which there is no county council;
    3. a London borough council;
    4. the Common Council of the City of London (in its capacity as a local authority);
  • “relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.

277B Restrictions on onward disclosure of information

1 Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.
2 Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.
3 Subsections (1) and (2) do not restrict the disclosure of information where—
a the person to whom the information relates has consented to the disclosure,
b the information has previously been lawfully disclosed to the public,
c the disclosure is in accordance with any court order,
d the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
e the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
f the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
g the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).
4 In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.

277C Directions to certain bodies to exercise functions under this Chapter

1 The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).
2 The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).
3 The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).
4 For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.

277D Arrangements with third parties

1 The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section 277A (and where arrangements are made, section 277B applies accordingly).
2 Arrangements under subsection (1) may—
a provide for the Secretary of State to make payments to the person;
b make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
3 Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.

CHAPTER 4 Enforcement

277E Enforcement of provisions under this Part

1 Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
a fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
b fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);
c provides information in response to such a requirement that is false or misleading to a material extent.
2 The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3 The regulations must include provision—
a requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
d requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;
f as to the powers of the Tribunal on such an appeal.
4 The provision that may be made by the regulations includes provision—
a enabling a notice of intent or final notice to be withdrawn or amended;
b requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
c for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d for the recovery of financial penalties in the county court.
5 In this section “public body” has the meaning given by section 250(7).

277F Directions to Special Health Authority to exercise functions under section 277E

The Secretary of State may—
a direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;
b give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).

PART 10  Abolition of certain public bodies etc

I123278 The Alcohol Education and Research Council

1 The Alcohol Education and Research Council is abolished.
2 The Licensing (Alcohol Education and Research) Act 1981 is repealed.
3 Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.

I317279 The Appointments Commission

1 The Appointments Commission is abolished.
2 Part 5 of the Health Act 2006 (which established the Commission) is repealed.
3 Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.

I598280 The National Information Governance Board for Health and Social Care

1 The National Information Governance Board for Health and Social Care is abolished.
2 Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
3 After section 20 of the Health and Social Care Act 2008 insert—
4 In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—
.
5 In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that—
a for the title to that section substitute “Consultation with the Care Quality Commission”, and
b in section 271(3)(g) of that Act—
i for “sections” substitute “section”, and
ii omit “and 252 (consultation with National Information Governance Board)”.
6 The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.
7 The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.
8 Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.

I260281 The National Patient Safety Agency

1 The National Patient Safety Agency is abolished.
2 The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.
3 In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).

I599282 The NHS Institute for Innovation and Improvement

1 The NHS Institute for Innovation and Improvement is abolished.
2 The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.

I124283 Standing advisory committees

1 Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees).
2 In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13.
3 The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.

PART 11  Miscellaneous

Information relating to births and deaths etc.

I600284 Special notices of births and deaths

1 Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows.
2 For subsection (2) substitute—
3 In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”.
4 In subsection (6)—
a after “under subsection (4)” insert “to a relevant body”, and
b for “the Primary Care Trust” (in each place where it occurs) substitute “the body”.
5 In subsection (7)—
a for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection (4)”, and
b for “any medical practitioner or midwife residing or practising within its area” substitute “such descriptions of medical practitioners or midwives as may be prescribed”.
6 In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to whom the failure relates”.
7 In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”.
8 After subsection (10) insert—
9 Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.

I601285 I84Provision of information by Registrar General

1 Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows.
2 In subsection (1) —
a for “the Secretary of State” substitute “any of the following persons”, and
b at the end insert
3 In subsection (2) —
a for “the Secretary of State” substitute “the person to whom the information is provided”, and
b for “his functions” substitute “functions exercisable by the person”.
4 After subsection (4) insert—

I602286 I85Provision of information by Registrar General: Wales

1 Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows.
2 In subsection (1) —
a for “the Welsh Ministers” substitute “any of the following persons”, and
b at the end insert
3 In subsection (2) —
a for “the Welsh Ministers” substitute “the person to whom the information is provided”, and
b for “their functions” substitute “functions exercisable by the person”.

I603287 I86Provision of statistical information by Statistics Board

1 Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows.
2 For subsection (4) substitute—
3 After subsection (5) insert—
4 After subsection (6) insert—

Duties to co-operate

288 Monitor: duty to co-operate with Care Quality Commission

I1251 NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions.
2 In particular NHS England must—
I125a give the Commission any relevant information NHS England has about the provision of health care services which NHS England or the Commission considers would assist the Commission in the exercise of its functions,
I604b make arrangements with the Commission to ensure that—
i a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form,
ii such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and
I1084c seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.
2A In subsection (2)(a) “relevant information” means information held by NHS England in connection with—
a its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or
b its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).
F281I6043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6044 In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.

289 Care Quality Commission: duty to co-operate with Monitor

I126I605I10851 Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows.
I1272 For subsection (1) substitute—
I128I10853 For subsection (2) substitute—
4 In subsection (3)—
I129I1085a for “Independent Regulator” substitute “Monitor”, and
I606b for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”.
I6065 After that subsection insert—
I129I10856 In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

C7290 I87Other duties to co-operate

F282C3I2331 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3I2332 The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions (including any functions that consist of exercising the functions of other persons).
3 The relevant bodies are—
F284I233a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I607b the National Institute for Health and Care Excellence,
F455c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F465ca . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I233d Special Health Authorities which have functions that are exercisable in relation to England.
I2334 The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.
F285I2335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286I2336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2337 For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).
I2338 References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.

I261291 I88Breaches of duties to co-operate

1 If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.
2 The relevant co-operation duties are—
a the duty under section 288 (co-operation by NHS England with the Care Quality Commission),
b the duty under section 290(2),
c the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with NHS England),
C6C4d any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their respective functions.
3 The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate.
4 Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that—
a the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and
b the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental).
5 The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so.
6 The power to make an order under subsection (5)—
a may be exercised so as to specify different functions in relation to each body, but
b may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal.
7 In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration.
8 An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.
9 But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.
10 In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.

The Care Quality Commission

I608292 Requirement for Secretary of State to approve remuneration policy etc.

In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the end insert—

I609293 Conduct of reviews etc.

F201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I262294 I89Failure to discharge functions

1 In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert
2 After subsection (2) of that section insert—
3 After subsection (3) of that section insert—
4 In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
5 In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.
6 After that subsection insert—

Arrangements with devolved authorities etc.

I263I610295 Arrangements between NHS England and Northern Ireland Ministers

1 NHS England may make arrangements with a Northern Ireland Minister for NHS England to commission services for the purposes of the Northern Ireland health service.
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—
  • “commission” means arrange for the provision of,
  • “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and
  • “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

I264I611296 Arrangements between NHS England and Scottish Ministers etc.

1 NHS England may make arrangements with the Scottish Ministers or a Scottish health body for NHS England to commission services for the purposes of the Scottish health service.
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—
  • “commission” means arrange for the provision of, and
  • “Scottish health body” means—
    1. a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, and
    2. the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.

296A 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—
    1. the Scottish Ministers,
    2. the Welsh Ministers, and
    3. a Northern Ireland Minister.
  • “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

I404I612297 Relationships between the health services

Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.

I265298 Advice or assistance to public authorities in the Isle of Man or Channel Islands

1 NHS England or an integrated care board may provide advice or assistance to any public authority in the Isle of Man or Channel Islands.
2 Advice or assistance under subsection (1) may be provided on such terms, including terms as to payment, as NHS England or (as the case may be) the integrated care board considers appropriate.

Supervised community treatment under the Mental Health Act 1983

I110299 Certificate of consent of community patients to treatment

1 Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows.
2 In section 64C (treatment of adult community patients), after subsection (4) insert—
3 In section 64E (treatment of child community patients), in subsection (7)—
a for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
b at the end insert
4 After section 64F insert—
5 In section 64H (certificates: supplementary provision)—
a in subsection (2), at the end insert “; and the regulations may make different provision for the different descriptions of Part 4A certificate”, and
b in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
6 In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
7 In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert “that falls within section 64C(4) below”.
8 In section 62A of that Act (treatment on recall of community patient or revocation of order), in subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
9 In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
10 After that subsection insert—

Transfer schemes

F294300 Transfer schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F302301 Transfer schemes: supplemental

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I130I266I613302 Transfer schemes in respect of previously transferred property

1 This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company.
2 The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following—
a a Minister of the Crown;
b NHS England;
c an integrated care board;
d an NHS trust;
e an NHS foundation trust;
f a qualifying company.
3 The things that may be transferred under a scheme under this section include—
a property, rights and liabilities that could not otherwise be transferred;
b property acquired, and rights and liabilities arising, after the making of the scheme;
c criminal liabilities, except where transfer is to a Minister of the Crown.
4 A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular—
a create rights, or impose liabilities, in relation to property or rights transferred;
b make provision about the continuing effect of things done by the transferor in respect of anything transferred;
c make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
d make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee.
5 A transfer scheme under this section may make provision for the shared ownership or use of property.
6 A transfer scheme under this section may provide—
a for the scheme to be modified by agreement after it comes into effect, and
b for any such modifications to have effect from the date when the original scheme comes into effect.
7 In this section references to the transfer of property include references to the grant of a lease.
8 In this section “qualifying company” means—
a a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or
b a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.

PART 12  Final provisions

303 Power to make consequential provision

1 The Secretary of State may by order make provision in consequence of this Act.
2 An order under this section may, in particular—
a amend, repeal, revoke or otherwise modify any enactment;
b include transitional, transitory or saving provision in connection with the commencement of provision made by the order.
3 Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made by the order pending the commencement of—
a another provision of the order,
b a provision of this Act,
c any other enactment.
4 Before making an order under this section that contains provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.
5 The power conferred by this section is not restricted by any other provision of this Act.
6 In this section, “enactment” includes—
a an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
b an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,
and references to an enactment include a reference to an enactment passed or made after the passing of this Act.

304 Regulations, orders and directions

1 A power to make regulations under this Act is exercisable by the Secretary of State.
2 Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council under this Act, must be made by statutory instrument.
3 Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of either House of Parliament.
4 Subsection (3) does not apply to an order under section 306 (commencement).
5 A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
F300a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the first regulations under section 83 (licensing requirement: exemption regulations);
c the first order under section 86 (approval by Secretary of State of licensing criteria);
F296d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e regulations under section 105(4) (manner in which turnover to be calculated for purposes of penalty for breach of licence conditions etc.);
f regulations under section 106(3)(d) (descriptions of action for specifying in enforcement undertaking for breach of licence conditions etc.);
g regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme);
h regulations under section 130 (health special administration regulations);
i an order under section 140 (maximum amount that may be raised from levy to raise funds for special administration cases);
F297j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ja regulations under section 250(6B) or 251(1) (regulations about waiver of information standards and the procedure for setting standards);
jb regulations under section 277E (regulations about enforcement);
k an order under section 290(4) (addition to list of bodies subject to duty co-operate);
l an order under section 291(5) (order prohibiting bodies subject to duty to co-operate from exercising specified functions etc.);
m an order under section 303 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament;
n regulations which, by virtue of subsection (10)(a), include provision that amends or repeals a provision of an Act of Parliament.
6 An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)).
7 Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
8 Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
9 A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act—
a may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case,
b may be exercised so as to make, as respects the cases in relation to which it is exercised—
i the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
ii the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act,
iii any such provision either unconditionally or subject to any specified condition, and
c may, in particular, make different provision for different areas.
10 Any such power includes—
a power to make incidental, supplementary, consequential, saving, transitional or transitory provision (including, in the case of a power to make regulations, provision amending, repealing or revoking enactments), and
b power to provide for a person to exercise a discretion in dealing with any matter.
11 A power to give directions under or by virtue of this Act includes power to vary or revoke the directions by subsequent directions.
12 A direction under this Act by a Minister of the Crown (acting alone)—
a must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing—
F301i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii section 234(1) (direction to NICE to prepare quality standards);
iii section 245(1) (direction to NICE to perform functions);
iv section 249(8) (direction to NHS England to be transitional commissioner in relation to pre-commencement statements of quality standards);
v section 254(1) (direction to NHS England to establish information systems);
F457vi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
vii section 260(2)(d) (direction to NHS England that information of specified description is not subject to duty to publish);
F459viii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ix paragraph 7 of Schedule 6 (direction to NHS England to exercise functions of Secretary of State relating to Primary Care Trusts), and
b must, in the case of any other direction, be given by an instrument in writing.
13 A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in writing.

305 Financial provision

There is to be paid out of money provided by Parliament—
a any expenditure incurred by virtue of this Act by the Secretary of State, and
b any increase attributable to this Act in the sums payable under any other Act out of money so provided.

306 Commencement

1 The following provisions come into force on the day on which this Act is passed—
a section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators);
b section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition);
c the provisions of this Part;
d any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it.
2 Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.
3 In subsection (2) “the appropriate authority” means—
a in relation to England, the Secretary of State;
b in relation to Wales, the Welsh Ministers.
4 The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
5 Different days may be appointed under subsection (2) or (4) for different purposes (including different areas).
6 Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of—
a another provision of this Act, or
b any other enactment (within the meaning of section 303).
F3137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement.

307 Commencement: consultation with Scottish Ministers

1 The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to—
a section 58 (radiation protection functions), so far as relating to the Scottish Ministers,
b section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies,
c section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers,
d section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions),
e section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to—
i unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland,
ii a body that maintains a register of persons within sub-paragraph (i),
iii a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or
iv a body that regulates a profession within sub-paragraph (iii),
f section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),
g section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,
h section 227 (appointments to regulatory bodies), so far as relating to—
i the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or
ii subsection (4) of that provision,
i section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers,
j section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers,
k Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and
l paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs.
2 In this section—
  • “relevant registers” means—
    1. registers of unregulated health professionals in Scotland,
    2. registers of unregulated health care workers in Scotland, or
    3. registers of relevant students in Scotland,
  • “relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming—
    1. an unregulated health professional,
    2. an unregulated health care worker, or
    3. a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
  • “unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and
  • “unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.

308 Extent

1 Subject to subsections (2) to (5), this Act extends to England and Wales only.
2 Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.
3 The following provisions extend to England and Wales, Scotland and Northern Ireland—
a section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006;
b sections 56(1) and (3), 57, 58 and 60 (public health functions);
c section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.);
d section 214(1) (the Health and Care Professions Council);
e section 222(1) (the Professional Standards Authority for Health and Social Care);
f section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);
g section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator);
h section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
F314i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j this Part.
4 Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
5 The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.

309 Short title

This Act may be cited as the Health and Social Care Act 2012.

SCHEDULES

I90I267I614SCHEDULE 1 

The National Health Service Commissioning Board

Section 9(2)

I91I268I615SCHEDULE 2 

Clinical commissioning groups

Section 25(2)

I92I616 SCHEDULE 3 

Pharmaceutical remuneration

Section 51(2)

SCHEDULE 4 

Amendments of the National Health Service Act 2006

Section 55(1)

PART 1  The health service in England

I269I6171
1 For section 2 substitute—
2 For the cross-heading preceding section 2 substitute “General power”.
2
I405I6181 Section 6 (performance of functions outside England) is amended as follows.
I6192 For subsection (1) substitute—
I4063 After subsection (1) insert—
I6194 In subsection (2) for “The Secretary of State's functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.
I6203
1 Section 6A (reimbursement of cost of services provided in another EEA state) is amended as follows.
2 In subsection (3)(b) after “Secretary of State” insert “, the Board”.
3 In subsection (7) after “Secretary of State” insert “, the Board”.
4 In subsection (8) in each of paragraphs (a) and (b)—
a after “Secretary of State” insert “, the Board”, and
b for “either of them” substitute “any of them”.
5 In subsection (9), after “Secretary of State” (in the second place it occurs) insert “, the Board”.
6 In subsection (11), in the definition of “responsible authority”—
a omit “Strategic Health Authority or”,
b omit “Primary Care Trust”,
c before “responsible under” insert “a local authority or clinical commissioning group”, and
d for “securing” substitute “arranging for”.
I6214
1 Section 6B (prior authorisation for the purposes of section 6A) is amended as follows.
2 In subsection (2)(b) after “Secretary of State” insert “, the Board”.
3 In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of State” insert “, the Board”.
I6225
1 In section 8 (Secretary of State's directions to health service bodies), in subsection (2)—
a omit paragraph (a), and
b omit paragraph (b).
2 In the heading to that section after “to” insert “certain”.
3 Before section 8 insert the following cross-heading “Directions to certain NHS bodies”.
6
I6231 Section 9 (NHS contracts) is amended as follows.
2 In subsection (4)—
I270a before paragraph (a) insert—
,
I623b omit paragraph (a), and
I623c omit paragraph (b).
7In section 11 (arrangements to be treated as NHS contracts), in subsection (1)—
I271a after “under which” insert “the Board,”,
I1049b omit “a Strategic Health Authority,” and
I1049c omit “a Primary Care Trust”.
I6248
1 Section 12 (arrangements with other bodies) is amended as follows.
2 In subsection (1) for “any service under this Act” substitute “anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”.
3 For subsection (2) substitute—
4 For subsection (3) substitute—
5 In subsection (4)—
a after paragraph (a) insert—
,
b omit paragraph (b), and
c omit paragraph (c).
6 After subsection (4) insert—
7 For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.
I407I6259After section 12 insert—
I62610
1 Section 12A (direct payments for health care) is amended as follows.
2 In subsection (1) after “The Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.
3 In subsection (2)—
a for paragraph (a) substitute—
,
b after that paragraph insert—
, and
c omit paragraphs (b) and (c).
4 In subsection (4)—
a for “a Primary Care Trust” substitute “a clinical commissioning group”,
b for “the trust” substitute “the group”, and
c at the end insert “; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.”
5 In subsection (5), omit “or under regulations under subsection (4)”.
6 After subsection (6) insert—
I62711
1 Section 12B (regulations about direct payments) is amended as follows.
2 In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the Primary Care Trust” substitute “, the Board, a clinical commissioning group or a local authority”.
3 In subsection (4) —
a for “or the Primary Care Trust”, in the first place it occurs, substitute “, the Board, a clinical commissioning group or a local authority”, and
b for “or the Primary Care Trust”, in the second place it occurs, substitute “the Board, a clinical commissioning group or a local authority (as the case may be)”.
4 In subsection (5)—
a in paragraph (a), after “the Secretary of State” insert “or a local authority or as arranged for by the Board or a clinical commissioning group (as the case may be)”, and
b in paragraph (b) for “a Primary Care Trust with respect to the provision of” substitute “the Board, a clinical commissioning group or a local authority with respect to the arrangement for the provision of”.
I62812In section 12D (arrangements with other bodies relating to direct payments)—
a in subsection (1) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”, and
b in subsection (3) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.

PART 2  NHS Bodies

I27213In section 28 (special health authorities), omit subsection (6).
I62914In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—
a omit “, section 14”, and
b omit “, section 19”.
I63015Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).
I63116In section 67 (effect of intervention orders), in subsection (1)—
a in paragraph (a)—
i omit “Strategic Health Authority,” and
ii omit “Primary Care Trust,” and
b in paragraph (b)—
i omit “Strategic Health Authority,” and
ii omit “Primary Care Trust,”.
I63217In section 70 (transfer of residual liabilities)—
a in subsection (1)—
i omit “a Strategic Health Authority,”, and
ii omit “a Primary Care Trust,”, and
b in the heading, at the end insert “of certain health service bodies”.
18
I273I6331 Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is amended as follows.
2 In subsection (2)—
I274a after “are—” insert—
,
I634b omit paragraph (a),
I634c omit paragraph (b),
I274d after paragraph (h) (and before the “and” immediately following it) insert—
I274e in paragraph (i)—
i for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (hb)”, and
ii for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to (h)”.
I2743 In subsection (2A)—
a after paragraph (a) insert—
, and
b in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs (za) to (h)”.
4 In subsection (3)(a)—
I274a after “the Secretary of State” insert “or the Board”,
I634b omit “Strategic Health Authority,”, and
I634c omit “Primary Care Trust,”.
I6345 In subsection (5), for “(a) to (d),” substitute “(c), (d),”.
6 In subsection (6)—
I274a after “the Secretary of State,” insert “the Board or”,
I634b omit “Strategic Health Authority,” and
I634c omit “Primary Care Trust,”.
I63519In section 73 (directions and regulations), in subsection (1) omit paragraphs (c) to (f).
I63620Omit Schedule 2.
I63721Omit Schedule 3.
I63822
1 Schedule 4 (NHS trusts) is amended as follows.
2 In paragraph (5)(1)(f), omit “Primary Care Trusts,”.
3 In paragraph 6—
a in sub-paragraph (1) —
i omit “Strategic Health Authority,” and
ii omit “, Primary Care Trust”, and
b in sub-paragraph (2) —
i omit “Strategic Health Authority,” and
ii omit “, Primary Care Trust”.
4 In paragraph 7(3), omit “Strategic Health Authority,”.
5 In paragraph 8—
a in sub-paragraph (1), omit “, Primary Care Trust” (in each place where it occurs), and
b in sub-paragraph (4), omit “, Primary Care Trust”,
c in sub-paragraph (5), omit “, Primary Care Trust” (in each place where it occurs),
d in sub-paragraph (6)(b), omit “, Primary Care Trust”, and
e in sub-paragraph (9)(b), omit “, Primary Care Trust”.
6 In paragraph 9—
a in sub-paragraph (1)—
i omit “a Strategic Health Authority,”, and
ii omit “a Primary Care Trust,”,
b in sub-paragraph (3)—
i omit “Strategic Health Authority,”, and
ii omit “Primary Care Trust,”,
c in sub-paragraph (6)—
i omit “a Strategic Health Authority,”, and
ii omit “, a Primary Care Trust,”,
d in sub-paragraph (7)—
i in paragraph (a), omit “Strategic Health Authority,”,
ii in that paragraph omit “or belong to a Primary Care Trust”, and
iii in the words following paragraph (b)—
a omit “Strategic Health Authority,”, and
b omit “Primary Care Trust,”.
7 In paragraph 15, omit sub-paragraphs (2) and (3).
8 In paragraph 18—
a omit “Strategic Health Authority,” and
b omit “Primary Care Trust,”.
9 In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.
10 In paragraph 30, in sub-paragraph (1)—
a omit “Strategic Health Authority,” and
b omit “Primary Care Trust,”.
I63923
1 Schedule 6 (special health authorities established under section 28) is amended as follows.
2 In paragraph 3(8)—
a for “to a Strategic Health Authority” substitute “to the Board”, and
b for “a Strategic Health Authority” substitute “the Board”.
3 In paragraph 3(12)—
a in paragraph (a) for “of a Strategic Health Authority” substitute “of the Board”, and
b in paragraph (b) omit “or by a Strategic Health Authority”.
4 In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

PART 3  Local authorities

I64024In section 74 (supply of goods and services by local authorities), in subsection (1)(a)—
a at the beginning insert “the Board and”,
b after “any” insert “clinical commissioning group or,”,
c omit “Strategic Health Authority,” and
d omit “or Primary Care Trust”.
I64125In section 76 (power of local authorities to make payments), in subsection (1)—
a after the first “to” insert “the Board, a clinical commissioning group”,
b omit “a Strategic Health Authority,” and
c omit “a Primary Care Trust”.
I64226In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a Primary Care Trust or”.
I64327In section 78 (directed partnership agreements), in subsection (3)—
a omit paragraph (a), and
b omit paragraph (b).
I64428
1 Section 80 (supply of goods and services by the Secretary of State) is amended as follows.
2 In subsection (1)—
a after “The Secretary of State” insert “, the Board or a clinical commissioning group”, and
b in paragraph (b) for “he” substitute “the Secretary of State”.
3 In subsection (3)—
a in paragraph (a) omit “or by a Primary Care Trust”, and
b in paragraph (b)—
i omit “a Strategic Health Authority,” and
ii omit “a Primary Care Trust,”.
4 After subsection (3) insert—
5 In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may arrange for the carrying out of,”.
6 In subsection (5), for “The Secretary of State” substitute “The Board”.
7 In subsection (6)—
a in paragraph (a), after “provided” insert “by the Secretary of State”,
b in paragraph (b)—
i omit “a Strategic Health Authority,” and
ii omit “a Primary Care Trust,” and
c in paragraph (c)—
i omit “a Strategic Health Authority,” and
ii omit “a Primary Care Trust,”.
8 After subsection (6) insert—
9 In subsection (7)—
a for “The Secretary of State” substitute “The Board”,
b at the end of paragraph (c) insert “or”, and
c omit paragraph (e) and the word “or” immediately preceding it.
10 After that subsection insert—
11 In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
12 Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.
I64529
1 Section 81 (conditions of supply under section 80) is amended as follows.
2 In subsection (1)—
a for the words from the beginning to “that section” substitute “Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
b in paragraph (a) for “the Secretary of State” substitute “the person”, and
c in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the officer's employer,”.
3 In subsection (2)—
a for “The Secretary of State” substitute “The person concerned”, and
b for “he” substitute “it”.
4 In subsection (3)—
a omit “Strategic Health Authorities,”, and
b omit “Primary Care Trusts,”.
5 In subsection (4) for “the Secretary of State” substitute “the person who makes the services available”.
6 In subsection (5) —
a for the words from the beginning to “section 80(6)” substitute “A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them”, and
b for “the Secretary of State” substitute “the person”.

PART 4  Medical services

I64630
1 Section 83 (duty relating to primary medical services) is amended as follows.
2 For subsections (1) and (2) substitute—
3 In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”.
4 Omit subsection (4).
5 For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical services”.
I64731
1 Section 84 (general medical services contracts: introductory) is amended as follows.
2 In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3 In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (4), for paragraph (b) substitute—
I64832In section 86 (persons eligible to enter into general medical services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I64933In section 87 (general medical services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I65034
1 In section 89 (general medical services contracts: required terms), in subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.
2 The variations to contract terms that may be imposed by virtue of subsection (2)(d) of that section include, in particular, variations in consequence of the establishment of clinical commissioning groups.
I65135
1 Section 91 (persons performing primary medical services) is amended as follows.
2 In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a subsection (1), in each place it occurs,
b subsection (3)(j),
c subsection (4)(a), (b) and (d), and
d subsection (6)(a) and (b).
3 In subsection (2), for paragraph (b) substitute—
4 In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I93I65236
1 Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is amended as follows.
2 For subsection (1) substitute—
3 Omit subsection (6).
4 Omit subsection (7).
5 For the title to that section substitute “Arrangements by the Board for the provision of primary medical services”.
6 The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.
I65337
1 Section 93 (participants in section 92 arrangements) is amended as follows.
2 In subsection (1)—
a for “A Strategic Health Authority” substitute “The Board”, and
b omit paragraph (g).
3 In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
4 In that subsection, in the definition of “qualifying body”, for “(e) or (g)” substitute “or (e)”.
I65438
1 Section 94 (regulations about section 92 arrangements) is amended as follows.
2 In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
3 In subsection (3), after paragraph (c) insert—
.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5 The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in particular, variations in consequence of the establishment of clinical commissioning groups.
I65539Omit section 95 (transfer of liabilities relating to section 92 arrangements).
I65640
1 Section 96 (assistance and support) is amended as follows.
2 In subsection (1)—
a for “A Primary Care Trust” substitute “The Board”, and
b before paragraph (a) insert—
.
3 In subsection (2)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
I65741
1 Section 97 (Local Medical Committees) is amended as follows.
2 In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3 In subsection (3)—
a in paragraph (a), omit sub-paragraph (i), and
b in paragraph (b), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5 Omit subsection (7).
6 In subsection (10)—
a for “A Primary Care Trust” substitute “The Board”, and
b in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

PART 5  Dental services

I65842
1 Section 99 (duty relating to primary dental services) is amended as follows.
2 For subsection (1) substitute—
3 Omit subsection (2).
4 In subsection (3)—
a for “Each Primary Care Trust” substitute “The Board”, and
b for “for which it makes provision” substitute “for which provision is made”.
5 Omit subsection (4).
6 For the cross-heading preceding that section substitute “Duty of the Board in relation to primary dental services”.
I65943
1 Section 100 (general dental services contracts: introductory) is amended as follows.
2 In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3 In subsections (3) and (4), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (3), in paragraph (a), after “dental services” insert “or services which are to be performed outside England”.
I66044In section 102 (persons eligible to enter into general dental services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I66145In section 103 (general dental services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I66246In section 104 (general dental services contracts: required terms), in subsection (3) for “a Primary Care Trust” substitute “the Board”.
I66347
1 Section 106 (persons performing primary dental services) is amended as follows.
2 In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a subsection (1), in each place it occurs,
b subsection (3)(j),
c subsection (4)(a), (b) and (d), and
d subsection (6)(a) and (b).
3 In subsection (2), for paragraph (b) substitute—
4 In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I94I66448
1 Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is amended as follows.
2 For subsection (1) substitute—
3 Omit subsection (7).
4 For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”.
5 The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.
I66549
1 Section 108 (participants in section 107 arrangements) is amended as follows.
2 In subsection (1)—
a for “A Strategic Health Authority” substitute “The Board”, and
b omit paragraph (g).
3 In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
I66650
1 Section 109 (regulations about section 107 arrangements) is amended as follows.
2 In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
3 In subsection (3), after paragraph (c) insert—
.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
I66751Omit section 110 (transfer of liabilities relating to section 107 arrangements).
I66852
1 Section 112 (assistance and support) is amended as follows.
2 In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3 In subsection (2)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
I66953
1 Section 113 (Local Dental Committees) is amended as follows.
2 In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3 In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5 Omit subsection (7).
6 In subsection (10)—
a for “A Primary Care Trust” substitute “The Board”, and
b in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

PART 6  Ophthalmic services

I67054
1 Section 115 (duty relating to primary ophthalmic services) is amended as follows.
2 In subsection (1), for the words from the beginning to “area,” substitute “The Board must exercise its powers so as to secure the provision throughout England”.
3 After that subsection insert—
4 For subsection (4) substitute—
5 In subsection (5), for “Each Primary Care Trust” substitute “The Board”.
6 Omit subsection (6).
7 In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.
8 For the cross-heading preceding that section substitute “Duty of the Board in relation to primary ophthalmic services”.
I67155
1 Section 117 (general ophthalmic services contracts: introductory) is amended as follows.
2 In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3 In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (4), for paragraph (b) substitute—
I67256In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I67357In section 119 (exclusion of contractors), for “a Primary Care Trust” substitute “the Board”.
I67458In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I67559In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.
I67660
1 Section 123 (persons performing primary ophthalmic services) is amended as follows.
2 In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a subsection (1), in each place it occurs,
b subsection (3)(j),
c subsection (4)(a), (b) and (d), and
d subsection (7)(a) and (b).
3 In subsection (2), for paragraph (b) substitute—
4 In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I67761
1 Section 124 (primary ophthalmic services: assistance and support) is amended as follows.
2 In subsection (1)—
a for “A Primary Care Trust” substitute “The Board”, and
b at the end insert “or primary ophthalmic services that fall within section 115(4)”.
3 In subsection (2)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
I67862
1 Section 125 (Local Optical Committees) is amended as follows.
2 In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3 In subsection (3)—
a in paragraph (a), omit “, whether under section 115(4)(a), or”, and
b in paragraph (b), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (7), for “a Primary Care Trust” substitute “the Board”.
5 In subsection (10)—
a for “A Primary Care Trust” substitute “The Board”, and
b in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

PART 7  Pharmaceutical services

I67963
1 Section 126 (arrangements for pharmaceutical services) is amended as follows.
2 In subsection (1), for “Each Primary Care Trust” substitute “The Board”.
3 In subsection (3), for the words from “as respects” to “that area” substitute “for the provision to persons who are in England”.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5 Omit subsection (7).
I68064
1 Section 127 (arrangements for additional pharmaceutical services) is amended as follows.
2 In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute “the Board”.
3 In subsection (1)(a), for “within or outside its area” substitute “in England”.
4 In subsection (2), omit the words from “(whether” to the end.
I68165
1 Section 128 (terms and conditions of arrangements under section 127) is amended as follows.
2 In subsection (1), for “the Primary Care Trust to which they apply” substitute “the Board”.
3 In subsection (4), for “A Primary Care Trust” substitute “The Board”.
4 In subsection (5), for “a Primary Care Trust” substitute “the Board”.
I68266
I951 Section 129 (regulations as to pharmaceutical services) is amended as follows.
2 In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3 In subsection (2)—
a in paragraph (a)—
i for “a Primary Care Trust” substitute “the Board”, and
ii for “the area of the Primary Care Trust” substitute “England”,
b in paragraph (b), for “a Primary Care Trust” substitute “the Board”, and
c in paragraph (c), for “the Primary Care Trust” substitute “the Board”.
4 After subsection (2ZA) (inserted by section 207(3)) insert—
5 In subsection (2A), for “The Primary Care Trust” substitute “The Board”,
6 In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
7 In subsection (6)—
a in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for “a Primary Care Trust” substitute “the Board”,
b in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each place it appears, substitute “the Board”, and
c in paragraph (f), for “that Primary Care Trust” substitute “the Board”.
8 In subsection (6)(c)—
a for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and
b omit “in the area of the Primary Care Trust”.
9 In subsection (10A), for “Primary Care Trusts” substitute “The Board”.
I68367In section 130 (regulations about appeals from decisions on applications for inclusion in pharmaceutical list), in subsection (2)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
I68468
1 Section 131 (power to charge fee to applicants) is amended as follows.
2 In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3 In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (3)(a), omit the words from “and such” to the end.
I68569
1 Section 132 (persons authorised to provide pharmaceutical services) is amended as follows.
2 In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” substitute “the Board”.
3 In subsection (3)—
a for “each Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
4 In subsection (4), after paragraph (a) insert—
.
5 In subsection (5)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
I68670
1 Section 133 (inadequate provision of pharmaceutical services) is amended as follows.
2 In subsection (1)(a)—
a for “the area, or part of the area, of a Primary Care Trust” substitute “any part of England”, and
b omit “area or”.
3 In subsection (1)(b), for “any such area or part” substitute “any part of England”.
4 In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.
I68771
1 Section 134 (pilot schemes) is amended as follows.
2 In subsection (1), for “Primary Care Trusts” substitute “The Board”.
3 In subsection (2)—
a in paragraph (a), for “a Primary Care Trust” substitute “the Board”,
b after that paragraph insert “and”,
c in paragraph (b), omit “(otherwise than by the Primary Care Trust)”, and
d omit paragraph (c) and the preceding “and”.
4 In subsection (5), for “a Primary Care Trust” substitute “the Board”.
I68872In section 136 (designation of priority neighbourhoods or premises), in subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”
I68973In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.
I69074
1 Section 138 (variation and termination of pilot schemes) is amended as follows.
2 In subsection (1), for “Primary Care Trusts” substitute “the Board”.
3 In subsections (2) and (3), for “the Primary Care Trust concerned” substitute “the Board”.
I69175
1 Section 140 (funding of preparatory work) is amended as follows.
2 In subsection (1), for “Primary Care Trusts” substitute “the Board”.
3 In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the Board”.
I69276
1 In section 144 (local pharmaceutical services schemes)—
a for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
b omit “or Strategic Health Authorities”.
2 In consequence of the repeal made by sub-paragraph (1)(b), omit section 29(4) of the Health Act 2009.
I69377
1 Section 148 (conditional inclusion in pharmaceutical lists) is amended as follows.
2 In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list he is included” substitute “the Board”.
3 In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
4 In subsection (6), for “a Primary Care Trust” substitute “the Board”.
I69478
1 Section 150A (notices and penalties) is amended as follows.
2 In subsection (1)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust” substitute “the Board”.
3 In subsection (2), for “Primary Care Trusts” substitute “the Board”.
I69579
1 Section 151 (disqualification of practitioners) is amended as follows.
2 In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3 In subsection (5), for “the Primary Care Trust” substitute “the Board”.
4 In subsection (6), for “The Primary Care Trust” substitute “The Board”.
I69680
1 Section 152 (contingent removal) is amended as follows.
2 In subsections (1) and (3), for “the Primary Care Trust” substitute “the Board”.
3 In subsection (4), for “The Primary Care Trust” substitute “The Board”.
I69781In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8) (in each place it appears), for “the Primary Care Trust” substitute “the Board”.
I69882
1 Section 155 (suspension pending removal) is amended as follows.
2 In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the Board”.
3 In subsection (5), for “The Primary Care Trust” substitute “The Board”.
I69983
1 Section 157 (review of decisions) is amended as follows.
2 In subsection (1), for “The Primary Care Trust” substitute “The Board”.
3 In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the Board”.
I70084
1 Section 158 (appeals) is amended as follows.
2 In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3 In subsections (2) and (6), for “The Primary Care Trust” substitute “The Board”.
4 In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust” substitute “the Board”.
5 In subsection (7), for “Primary Care Trusts” substitute “the Board”.
I70185
1 Section 159 (national disqualification) is amended as follows.
2 In subsection (1), for “each Primary Care Trust”, in each place it appears, substitute “the Board”.
3 In subsection (3), for “a Primary Care Trust” substitute “the Board”.
4 In subsection (4)—
a for “The Primary Care Trust” substitute “The Board”, and
b for “the Primary Care Trust” substitute “the Board”.
5 In subsection (5), for “the Primary Care Trust's” substitute “the Board's”.
6 In subsection (6)—
a in paragraph (a), for “no Primary Care Trust or” substitute “neither the Board nor a”, and
b in paragraph (b), for “each Primary Care Trust” substitute “the Board (if he is included in a list prepared by it)”.
I70286In section 160 (notification of decisions), for “a Primary Care Trust” substitute “the Board”.
I70387In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a Primary Care Trust” substitute “the Board”.
I70488
1 Section 162 (regulations about decisions under Chapter 6 of Part 7) is amended as follows.
2 In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”.
3 In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the Board”.
I70589
1 Section 164 (remuneration for persons providing pharmaceutical services) is amended as follows.
2 In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.
3 In subsection (4A)(a)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “to persons who provide” substitute “for providing”.
I70690
1 Section 166 (indemnity cover) is amended as follows.
2 In subsection (2)(b)—
a for “a Primary Care Trust” substitute “the Board”, and
b for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
3 In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for “a Primary Care Trust” substitute “the Board”.
I70791
1 Section 167 (local pharmaceutical committees) is amended as follows.
2 In subsection (1), for the words from the beginning to “other Primary Care Trusts,” substitute “The Board may recognise a committee formed for an area”.
3 In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust's area”.
4 In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary Care Trust” substitute “the Board”.
5 In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.
6 In subsection (9), for “A Primary Care Trust” substitute “The Board”.
I70892
1 Schedule 11 (pilot schemes) is amended as follows.
2 In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a Primary Care Trust” substitute “the Board”.
3 In paragraph 2 (preliminary steps)—
a in sub-paragraph (1), for “the Primary Care Trust concerned” substitute “the Board”,
b in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care Trust” substitute “the Board”,
c in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the Board”, and
d in sub-paragraph (5)(d)—
i for “Primary Care Trusts” substitute “the Board”, and
ii for “them” substitute “it”.
4 In paragraph 3 (approvals)—
a in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust” substitute “the Board”, and
b in sub-paragraph (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.
5 In paragraph 4 (preliminary approval)—
a in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute “the Board”, and
b in sub-paragraph (2), for “The Primary Care Trust” substitute “The Board”.
6 In paragraph 5 (effect of proposals on existing services)—
a in sub-paragraph (1)(a)—
i for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and
ii for “the area of the Primary Care Trust” substitute “the area concerned”,
b in sub-paragraph (1)(b), for the words from “supplied” to the end substitute “prepared under sub-paragraph (3)”,
c in sub-paragraph (3)—
i for “a Primary Care Trust” substitute “the Board”,
ii for “the area of another Primary Care Trust” substitute “another area”, and
iii for “consult that other Primary Care Trust about” substitute “prepare an assessment of the likely effect on those services of the implementation of”, and
d omit sub-paragraph (4).
7 In paragraph 7 (making a scheme)—
a in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and
b in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
8 Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme.
I70993
1 Schedule 12 (LPS schemes) is amended as follows.
2 In paragraph 1 (provision of local pharmaceutical services)—
a in sub-paragraph (1)—
i for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and
ii omit “or Strategic Health Authorities”,
b in sub-paragraph (2)—
i in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the “commissioner”)”,
ii in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and
iii in paragraph (b), for “the commissioning body” substitute “the commissioner”,
c omit sub-paragraph (2A),
d for sub-paragraph (2B) substitute—
,
e in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and
f in sub-paragraph (5), omit “in its area”.
3 In paragraph 2 (designation of priority neighbourhoods or premises)—
a in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and
b in sub-paragraph (1), omit “or Strategic Health Authority”.
4 In paragraph 3 (regulations)—
a in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and
b in sub-paragraph (3)(k)—
i for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
ii omit “or Strategic Health Authorities”.
5 In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009.
6 Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme.

PART 8  Charging

I71094In section 176 (dental charging)—
a in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
b in subsection (4)(a), omit sub-paragraph (i).
I71195In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a).
I96I71296
1 Section 180 (payments in respect of costs of optical appliances) is amended as follows.
2 In subsection (1), for “him or a relevant body” substitute “the Board”.
3 In subsection (3), in paragraph (a)—
a for “himself or such relevant body as may be prescribed” substitute “the Board”, and
b for “he or the prescribed body” substitute “the Board”.
4 In paragraph (b) of that subsection—
a for “him or such relevant body as may be prescribed” substitute “the Board”, and
b for “him or by the prescribed body” substitute “the Board”.
5 After subsection (6) insert—
6 Omit subsection (10).
7 In subsection (11), at the end insert “in accordance with the regulations”.
8 Omit subsection (12).
9 For the title to section 180 substitute “Payments in respect of costs of optical appliances and sight tests”.
I71397
1 Section 181 (provision supplementary to section 180) is amended as follows.
2 In subsection (3), omit the words from “(whether” to the end.
3 Omit subsection (9).
I71498
1 Section 183 (payment of travelling expenses) is amended as follows.
2 In paragraph (a) —
a after “the Secretary of State” insert “, the Board, a clinical commissioning group,”, and
b omit “, a Primary Care Trust,”.
3 In paragraph (b)—
a after “by” insert “the Board,”,
b omit “a Primary Care Trust”, and
c before the first “to” insert “or a clinical commissioning group”, and
d omit the words from “and” to “Trust,”.
4 In paragraph (c)—
a after “by” insert “the Board,”,
b omit “a Primary Care Trust”, and
c before the first “to” insert “or a clinical commissioning group”.
I71599In section 185 (charges for more expensive supplies), in subsection (2)—
a after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,”, and
b omit “a Primary Care Trust,”.
I716100In section 186 (charges for repairs and replacements in certain cases), in subsection (2)—
a after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,” and
b omit “a Primary Care Trust,”.
I717101In section 187 (charges for designated services or facilities) for the words from “designated” to the end substitute “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those provisions or any other provision of this Act)”.
I718102In section 188 (sums otherwise payable to those providing services), in subsection (2) —
a after the first “by” insert “the Board or a clinical commissioning group”, and
b omit “a Primary Care Trust”.

PART 9  Fraud etc.

I719103
1 Section 195 (compulsory disclosure of documents) is amended as follows.
2 In subsection (2) for “section 2(1)(b)” substitute “section 2”.
3 In subsection (3) —
a for “section 2(1)(b)” substitute “section 2”,
b in paragraph (a) after “(“NHS services”)” insert “or in arranging for the provision of such services”,
c in paragraph (d) after “NHS services” insert “or with arranging for the provision of such services”, and
d in paragraph (f) after “NHS services” insert “or with arranging for the provision of such services”.
104
I275I7201 Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows.
I276I7212 In subsection (2), for “section 28(6)” substitute “section 275(1)”.
3 In subsection (3)—
I276a before paragraph (a) insert—
I721b omit paragraph (a), and
I721c omit paragraph (c).
I7214 After subsection (5) insert—
I722105
1 Section 197 (notice requiring production of documents) is amended as follows.
2 In subsection (1)(a) after “health service provider” insert “, public health service contractor”.
3 In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
I723106In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State's functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.
I724107
1 Section 210 (interpretation of Part 10) is amended as follows.
2 In subsection (1) after “health service provider” insert “, “public health service contractor””.
3 In subsection (2)(a)—
a after “in relation to” insert “the Secretary of State, local authorities,”, and
b after “health service providers” insert “, public health service contractors”.

PART 10  Property and finance

I725108
1 Section 211 (acquisition, use and maintenance of property) is amended as follows.
2 In subsection (4) for “A local social services authority” substitute “A local authority”.
3 After that subsection insert—
109In section 213 (transfers of trust property), in subsection (2)(c)—
F43a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I726b omit “a Primary Care Trust,.”
110
I277I7271 Section 214 (transfer of functions and property to or from special trustees) is amended as follows.
2 In subsection (1)—
I278a after the first “by” insert “the Board, a clinical commissioning group,”, and
I728b omit “a Primary Care trust,”.
3 In subsection (3)(a)—
F44a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I728b omit “a Primary Care Trust,”.
111
I279I7291 Section 215 (trustees and property under section 222) is amended as follows.
I7302 Omit subsection (2)(b) and the preceding “and”.
3 In subsection (3)—
F45a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I730b omit paragraph (a).
4 In subsection (4)—
I280a after the second “and” insert “the Board, clinical commissioning group,”,
I730b omit “the Primary Care Trust,” (in each place it occurs), and
I280c after the second “by” insert “the Board, clinical commissioning group,”.
I131I281112In section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
113In section 217 (trusts: supplementary provisions), in subsection (1)—
F46a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1044b omit paragraph (f), and
I1044c omit paragraph (g).
I731114In section 218 (private trusts for hospitals), in subsection (4)—
a in paragraph (b) omit “or Primary Care Trust”,
b in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
c for paragraph (d) substitute —
I132I282115In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
I732116
1 Section 222 (power to raise money) is amended as follows.
2 In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
3 After subsection (3) insert—
4 In subsection (9), for “section 224 or 226” substitute “section 225”.
117
I2831 In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State” insert “or the Board”.
I7332 After that section insert—
I734118Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
I735119
1 Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows.
2 Omit subsection (1).
3 In subsection (3) —
a omit “Strategic Health Authority or”, and
b for “subsection (1) or (2)” substitute “subsection (2)”.
4 In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
5 In subsection (5) omit “Strategic Health Authority or”.
6 In subsection (6) omit “Strategic Health Authority or”.
7 In subsection (7)—
a in paragraph (a) omit “specified Strategic Health Authority or”,
b omit paragraph (b)(i) and the word “or” immediately following it, and
c omit paragraph (c)(i) and the word “or” immediately following it, and
d in the words following paragraph (c) omit “Strategic Health Authority or”.
8 In the heading to the section, omit “Strategic Health Authorities and”.
I736120
1 Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows.
2 In subsection (1), omit “Strategic Health Authority and each”.
3 In subsection (2)(b) omit “Strategic Health Authority or”.
4 In subsection (3) omit “Strategic Health Authority or”.
5 In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
6 In the heading to the section, omit “Strategic Health Authorities and”.
I737121Omit sections 228 to 231 (funding of Primary Care Trusts etc).
I738122In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
I97I739123
1 Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows.
2 In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning group”.
3 In subsection (2)(b)—
a after “report made” insert
,
b omit “a Primary Care Trust,”,
c before “NHS trust” insert “an”, and
d at the end insert
I740124Omit Schedule 14 (further provision about expenditure of Primary Care Trusts).
125
I4391 Schedule 15 (accounts and audits) is amended as follows.
I4392 In paragraph 1(1)—
a omit paragraph (a),
b omit paragraph (c), and
c omit paragraph (g).
I4393 In paragraph 5, omit sub-paragraph (2).
I2344 Omit paragraph 7.
I2345 In paragraph 8(3) omit “or 7”.
I2346 Omit paragraph 9.

PART 11  Public involvement and scrutiny

I741126
1 Section 242 (public involvement and consultation) is amended as follows.
2 In subsection (1A)—
a omit paragraph (a), and
b omit paragraph (b).
3 Omit subsections (4) and (5).
I742127Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of users).

PART 12  Miscellaneous

I743128After section 254 insert—
I98I744129
1 Section 256 (power of Primary Care Trusts to make payments towards expenditure on community services) is amended as follows.
2 In subsection (1) for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”.
3 In subsection (3)—
a for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”, and
b for “the Primary Care Trust” substitute “the Board or (as the case may be) the clinical commissioning group”.
4 After subsection (5) insert—
I745130In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for “the Primary Care Trust” substitute “the Board or the clinical commissioning group”.
I746131
1 Section 258 (university clinical teaching and research) is amended as follows.
2 In subsection (1)—
a for “The Secretary of State must exercise his functions under this Act” substitute “The functions under this Act of the Secretary of State, the Board and each clinical commissioning group must be exercised”, and
b for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may be)”.
3 In subsection (2), in paragraph (a)—
a after “exercisable by” insert “the Board,”,
b after “a” insert “clinical commissioning group,”,
c omit “Strategic Health Authority,”, and
d omit “Primary Care Trust,”.
I747132
1 Section 259 (sale of medical practices) is amended as follows.
2 In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.
3 After that subsection insert—
4 In subsection (5), in the definition of “relevant area”—
a after “ “relevant area”” insert
, and
b at the end insert
I748133Omit section 268 (persons displaced by health service development), and the cross-heading which precedes it.
I749134In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after “directions to” insert “certain”.
I750135After section 271 insert—
I751136
1 Section 272 (orders, regulations, rules and directions) is amended as follows.
2 In subsection (3)—
a omit paragraph (b), and
b omit paragraph (d).
3 In subsection (5)—
a omit “a PCT order, or”, and
b before paragraph (a) insert—
.
I284137
1 Section 273 (further provision about orders and directions) is amended as follows.
2 In subsection (3) for “by a Strategic Health Authority” substitute “by the Board”.
3 In subsection (4)(c)(ii)—
a after “8,” insert “13Z1,”, and
b omit “15,”.
138
I7521 Section 275 (interpretation) is amended as follows.
2 In subsection (1)—
I285a before the definition of “dental practitioner” insert—
,
I752b in the definition of “health service hospital” omit “a Primary Care Trust,”, and
I285c after the definition of “modifications” insert—
I7523 In subsection (3)—
a omit “or 15”,
b omit “Strategic Health Authority,” (in both places where it occurs), and
c omit “Primary Care Trust or” (in both places where it occurs).
I2854 Until the commencement of section 33, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority.
I2855 Until the commencement of section 34, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust.
139
I286I7531 Section 276 (index of defined expressions) is amended as follows.
I2872 Omit the entry relating to “NHS body”.
I4293 After the entry for “LPS scheme” insert—
I4294 Omit the entry relating to “PCT order”.
I4295 After the entry relating to “provider, in relation to an NHS contract” insert—
.

SCHEDULE 5 

Part 1: amendments of other enactments

Section 55(2)

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

I7541In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
a in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”, and
b omit the definition of “Primary Care Trust”.

National Assistance Act 1948 (c. 29)

I7552The National Assistance Act 1948 is amended as follows.
I7563
1 Section 24 (local authority's liability for provision of accommodation) is amended as follows.
2 In subsections (6A) and (6B)—
a after “by a” insert “clinical commissioning group or”, and
b omit “Primary Care Trust or”.
3 After subsection (6B), insert—
I7574In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)—
a after “such” insert “clinical commissioning group or”, and
b omit “Primary Care Trust or”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

5In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
I316a in the first column (headed “capacity”), after “Officer of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
I1050b in that column, omit “a Strategic Health Authority,”,
I316c in the second column (headed “paying authority”), after “The” insert “National Health Service Commissioning Board, clinical commissioning group,”, and
I1050d in that column, omit “Strategic Health Authority,”.

Public Records Act 1958 (c. 51)

I2886In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
a after “Authorities including” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
b after “records of trust property passing to” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
c after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or section 300 of the Health and Social Care Act 2012”,
d after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”, and
e after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

7In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1—
I1054a omit paragraph (ea),
I289b before paragraph (g) insert—
, and
I1054c omit paragraph (gg).

Parliamentary Commissioner Act 1967 (c. 13)

8In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8—
a in sub-paragraph (1)—
I290I758i after “Secretary of State by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group”,
I1057ii omit “a Strategic Health Authority,”, and
I1057iii omit “, a Primary Care Trust”, and
b in sub-paragraph (2)—
I290i after “action taken by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or”,
I1057ii omit “a Strategic Health Authority,”, and
I1057iii omit “or Primary Care Trust”.

Abortion Act 1967 (c. 87)

I7599In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

Leasehold Reform Act 1967 (c. 88)

10In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—
a in subsection (5), in paragraph (d)—
I291i after “to” insert “the National Health Service Commissioning Board, any clinical commissioning group,”,
I1045ii omit “any Strategic Health Authority,”, and
I1045iii omit “, any Primary Care Trust”, and
b in subsection (6), in paragraph (c)—
I291i after “in the case of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
I1045ii omit “a Strategic Health Authority,”, and
I1045iii omit “, Primary Care Trust”.

Health Services and Public Health Act 1968 (c. 46)

I292I76011The Health Services and Public Health Act 1968 is amended as follows.
12
I293I7611 Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows.
2 In subsection (1)—
I294a after “servants of” insert “the National Health Service Commissioning Board or a clinical commissioning group,”,
I422b omit “a Strategic Health Authority,”, and
I422c omit “, Primary Care Trust”.
I4223 In subsection (2)—
a in paragraph (a) before “or the council” insert “, the National Health Service Commissioning Board, a clinical commissioning group”, and
b in paragraph (b) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
I4224 In subsection (5A)—
a omit “Strategic Health Authority” (in each place where it occurs), and
b omit “, Primary Care Trust” (in each place where it occurs).
I4225 In subsection (5B)—
a omit paragraph (za), and
b omit paragraph (bb).
I76213In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
a after “City of London” insert “or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements”,
b for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
c omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
d omit “Primary Care Trust or”.

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

14In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
a after “National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
I763b omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.

Local Authority Social Services Act 1970 (c. 42)

I76415In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”—
a after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
b omit “Primary Care Trusts,”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

I76516
1 Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows.
2 In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
3 In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
a for “The Secretary of State” substitute “The Welsh Ministers”,
b for “each House of Parliament” substitute “the National Assembly for Wales”,
c for “as he considers” substitute “as they consider”, and
d for “in him” substitute “in them”.

Local Government Act 1972 (c. 70)

I76617In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)—
a in subsection (1A)—
i after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
ii after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
iii omit “Primary Care Trust,” (in each place where it occurs),
iv in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
v in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
b in subsection (4)—
i after “above”, insert “ “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
ii before “ “NHS trust”” insert “ “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and
iii omit the words from “and “Primary Care Trust”” to the end.

Local Government Act 1974 (c. 7)

I76718In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—

Health and Safety at Work etc. Act 1974 (c. 37)

I76819
1 Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows.
2 In subsection (1) for “each Primary Care Trust and Local Health Board” substitute “the National Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local Health Board (in relation to Wales)”.
3 In subsection (2)—
a omit “for one of their”, and
b for “ “each” to “its”” substitute “ “the National” to “arranges””.

House of Commons Disqualification Act 1975 (c. 24)

20In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)—
I1052a omit the entry relating to the chairman or any member of a Primary Care Trust,
I1052b in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit “Strategic Health Authority, or”, and
I295c at the appropriate place insert— “ Chairman or non-executive member of the National Health Service Commissioning Board. ”

Acquisition of Land Act 1981 (c. 67)

I296I76921The Acquisition of Land Act 1981 is amended as follows.
22In section 16 (land excluded from compulsory purchase), in subsection (3)—
I297a after paragraph (a) insert—
I770b omit paragraph (c).
23In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of “statutory undertakers”—
I771a omit paragraph (ad), and
I298b before paragraph (b) insert—
.

Mental Health Act 1983 (c. 20)

I77224The Mental Health Act 1983 is amended as follows.
I77325In section 19 (regulations as to transfers of patients), in subsection (3)—
a for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and
b omit “or Primary Care Trust” in each place it appears.
I77426In section 23 (discharge of patients), in subsection (5)(a)—
a for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,
b omit “or Primary Care Trust” in each place it appears, and
c omit “, trust” in each place it appears.
I77527In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.
I77628
1 Section 39 (power of court to request information from hospitals) is amended as follows.
2 In subsection (1)—
a omit “Primary Care Trust or” in each place it appears,
b in paragraph (a), after the first “the” insert “clinical commissioning group or”,
c in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,
d in that paragraph, after “or any other” insert “clinical commissioning group or”,
e after “such information as that” insert “clinical commissioning group or”,
f after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and
g after “order, and that” insert “clinical commissioning group or”.
3 After subsection (1) insert—
4 In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
I77729In section 134 (patients' correspondence), in subsection (3)(e)—
a at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
b omit “Strategic Health Authority,”,
c for “, Special Health Authority” substitute “or Special Health Authority”, and
d omit “or Primary Care Trust”.
I77830In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—
a after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
b omit “Strategic Health Authority,”,
c for “, Special Health Authority” substitute “or Special Health Authority”, and
d omit “or Primary Care Trust”.
I77931
1 In section 145 (interpretation), in subsection (1)—
a in the definition of “the managers”, in paragraph (a)—
i after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,
ii omit “Primary Care Trust,”, and
iii omit “Strategic Health Authority,”,
b in paragraph (bb) of that definition, omit “a Primary Care Trust or”,
c omit the definition of “Primary Care Trust”, and
d omit the definition of “Strategic Health Authority”.
2 In consequence of the repeals made by sub-paragraph (1)—
a omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and
b omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.

Public Health (Control of Disease) Act 1984 (c. 22)

I78032In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)—
a omit “Strategic Health Authorities,”, and
b omit “, Primary Care Trusts”.

Dentists Act 1984 (c. 24)

I78133The Dentists Act 1984 is amended as follows.
I78234In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
I78335In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
I78436In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
a omit “under section 92 of the National Health Service Act 2006 or”,
b after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
c omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
d after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
I78537In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I78638The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
I78739In section 2 (rights of authorised representatives of disabled persons)—
a in subsection (5) in paragraph (a)—
i after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”,
ii for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and
iii omit “by a Primary Care Trust established under that Act,”,
b in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and
c in subsection (9) in the definition of “health authority”, in paragraph (a)—
i after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
ii omit “a Strategic Health Authority,”, and
iii omit “or a Primary Care Trust”.
I78840In section 7 (persons discharged from hospital), in subsection (9)—
a in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and
b in the definition of “the managers”—
i in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,
ii in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”,
iii in those words omit “Strategic Health Authority,”, and
iv omit paragraph (bb).
I78941In section 11 (reports to Parliament)—
a in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and
b omit subsection (1ZB).
I79042In section 16 (interpretation), in subsection (1)—
a omit the definition of “Primary Care Trust”, and
b omit the definition of “Strategic Health Authority”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

I79143In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
a omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
b for “that Act” substitute “the National Health Service Act 2006”, and
c omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)

I79345In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in subsection (3)(i) omit the words from the second “the” to “trust, or”.

Road Traffic Act 1988 (c. 52)

I79446In section 144 of the Road Traffic Act 1988 (exception to requirement for third party insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health Service Act 2006”.

Children Act 1989 (c. 41)

I79547The Children Act 1989 is amended as follows.
I79648In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
a for “Secretary of State,” substitute “Secretary of State or”,
b omit “or a Primary Care Trust” (in each place where it occurs), and
c after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
I79749In section 24 (persons qualifying for advice and assistance), in subsection (2)—
a in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
b in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
F3150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I79851In section 27 (co-operation between authorities), in subsection (3)—
a after paragraph (c) insert—
b in paragraph (d)—
i after “any” insert “clinical commissioning group,”, and
ii omit “, Primary Care Trust”.
I79952In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
a for “Secretary of State,” substitute “Secretary of State or”,
b omit “or a Primary Care Trust” (in both places where it occurs),
c after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
d omit “a Strategic Health Authority,”.
I80053In section 47 (local authority's duty to investigate), in subsection (11)—
a after paragraph (c) insert—
b in paragraph (d)—
i after “any” insert “clinical commissioning group,”, and
ii omit “, Primary Care Trust”.
I80154In section 80 (inspection of children's homes)—
a in subsection (1), in paragraph (d) —
i omit “, Primary Care Trust”, and
ii after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006”,
b in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
c after that paragraph insert—
.
I80255In section 85 (children accommodated by health authorities)—
a in subsection (1) omit “Primary Care Trust,”, and
b after subsection (2) insert—
I80356
1 Section 105 (interpretation) is amended as follows.
2 In subsection (1)—
a before the definition of “community home” insert—
,
b omit the definition of “Primary Care Trust”, and
c omit the definition of “Strategic Health Authority”.
3 After subsection (7) insert—

Local Government and Housing Act 1989 (c. 42)

I80457In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert—
.

National Health Service and Community Care Act 1990 (c. 19)

I80558The National Health Service and Community Care Act 1990 is amended as follows.
I80659In section 47 (assessment of needs for community care services), in subsection (3)—
a before paragraph (a) insert—
,
b in paragraph (a), omit “Primary Care Trust or”,
c in that paragraph omit “the National Health Service Act 2006 or”,
d in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
e in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
I80760In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
a omit “Strategic Health Authority,”, and
b omit “Primary Care Trust,”.
I80861In section 60 (removal of crown immunities), in subsection (7)—
a in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
b in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.

Access to Health Records Act 1990 (c. 23)

I80962The Access to Health Records Act 1990 is amended as follows.
I81063In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
a in paragraph (a)—
i for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
ii omit “Trust or”, and
b in paragraph (aa)—
i for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”, and
ii omit “Trust, Authority or”.
I81164In section 11 (interpretation)—
a in the definition of “health service body”, in paragraph (a)—
i omit “Strategic Health Authority,”,
ii for “, Local” substitute “or Local”, and
iii omit “or Primary Care Trust”,
b omit the definition of “Primary Care Trust”, and
c omit the definition of “Strategic Health Authority”.

London Local Authorities Act 1991 (c. xiii)

I81265In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

I81366In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—
a in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”,
b in that paragraph, after “or” (in the first place it occurs) insert “a”,
c in the words after paragraph (b) in that subsection, omit “authority or”,
d in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”,
e in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”,
f in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into by him with the National Health Service Commissioning Board”, and
g in the words after that paragraph, omit “Trust, Authority or.”

Health Service Commissioners Act 1993 (c. 46)

I300I81467The Health Service Commissioners Act 1993 is amended as follows.
68In section 2 (health service bodies subject to investigation), in subsection (1)—
I1053a omit paragraph (a),
I1053b omit paragraph (da), and
I301c after paragraph (db) insert—
I81569In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
I81670
1 Section 14 (reports etc. by the Commissioner) is amended as follows.
2 In subsection (1)—
a at the end of paragraph (c) insert “and”, and
b omit paragraph (e) and the preceding “and”.
3 In subsection (2A)—
a at the end of paragraph (d) insert “and”, and
b omit paragraph (f) and the preceding “and”.
4 In subsection (2C)—
a at the end of paragraph (d) insert “and”, and
b omit paragraph (f) and the preceding “and”.
5 Omit subsection (2E)(e).
6 In subsection (2G)—
a at the end of paragraph (c) insert “and”, and
b omit paragraph (e) and the preceding “and”.

Health Authorities Act 1995 (c. 17)

I81771In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2—
a in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
b in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.

Employment Rights Act 1996 (c. 18)

I302I81872The Employment Rights Act 1996 is amended as follows.
I81973In section 43K (extension of meaning of “worker” etc for Part 4A)—
a in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National Health Service Commissioning Board”,
b in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”, and
c in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning Board, or the”.
74In section 50 (right to time off for public duties), in subsection (8)—
I303a before paragraph (a) insert—
I820b in paragraph (b)—
i omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
ii omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
75In section 218 (change of employer), in subsection (10)—
I304a before paragraph (a) insert—
I1055b omit paragraph (a),
I1055c in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,
I1055d omit paragraph (bb), and
I1055e in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

76In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)—
I305a at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
I1056b omit “a Strategic Health Authority,”, and
I1056c omit “, Primary Care Trust”.

Education Act 1996 (c. 56)

I82177The Education Act 1996 is amended as follows.
I82278
1 Section 322 (duty of certain bodies to help local authorities) is amended as follows.
2 In subsection (1)—
a after “another local authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
b omit “or a Primary Care Trust”, and
c for “the board, authority or trust” substitute “that body”.
3 In subsection (2), for “An authority, a board or a trust” substitute “A body”.
4 In subsection (3), in paragraph (a)—
a after “request is made of” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
b omit “or Primary Care Trust”, and
c for “that board or trust” substitute “that body”.
5 In subsection (4)—
a for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board”, and
b omit “or a trust”.
I82379
1 Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.
2 In subsection (1)—
a after “where” insert “a clinical commissioning group,” and
b omit “a Primary Care Trust,”.
3 In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
4 In subsection (3) for “trust” substitute “other body”.
I82480In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.

Audit Commission Act 1998 (c. 18)

I82581In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)—
a omit paragraph (a), and
b omit paragraph (b).

Data Protection Act 1998 (c. 29)

I82682In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
a in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
b in subsection (3), omit paragraph (a),
c in that subsection, before paragraph (b) insert—
, and
d in that subsection, omit paragraph (bb).

Crime and Disorder Act 1998 (c. 37)

I82783The Crime and Disorder Act 1998 is amended as follows.
I82884In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
I82985In section 38 (local provision of youth justice services), in subsection (2)(b)—
a after “local probation board” insert “, clinical commissioning group or”, and
b omit “, Strategic Health Authority,”, and
c omit “or Primary Care Trust”.
I83086In section 39 (Youth Offending Teams), in subsection (3)(b)—
a after “local probation board” insert “, clinical commissioning group or”,
b omit “, Strategic Health Authority,”, and
c omit “or Primary Care Trust”.
I83187In that section, in subsection (5)(d)—
a after “nominated by” insert “a clinical commissioning group or”, and
b omit “a Primary Care Trust or”.
I83288In section 41 (the Youth Justice Board), in subsection (10)—
a after “provider of probation services,” insert “a clinical commissioning group,”,
b for “, a Strategic Health Authority,” substitute “and”, and
c omit “and a Primary Care Trust”.
I83389In section 42 (supplementary provisions), in subsection (3)—
a after “provider of probation services,” insert “a clinical commissioning group,”,
b for “, a Strategic Health Authority,” substitute “or”, and
c omit “or a Primary Care Trust”.
I83490In section 115, in subsection (2) (disclosure of information to relevant authorities)—
a omit paragraph (ea),
b after paragraph (f) insert—
, and
c omit paragraph (g).

Health Act 1999 (c. 8)

I83591The Health Act 1999 is amended as follows.
I83692In section 61 (English and Scottish border provisions)—
a in subsection (2)—
i after “Secretary of State” insert “, the National Health Service Commissioning Board”,
ii after “any” insert “clinical commissioning group”,
iii omit “Strategic Health Authority”, and
iv omit “or Primary Care Trust”, and
b in subsection (5)—
i after “any” insert “clinical commissioning group”, and
ii omit “Primary Care Trust”.
I83793In Schedule 4 (amendments relating to Primary Care Trusts)—
a omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and
b omit paragraphs 3(c), 82 and 85(2).

Greater London Authority Act 1999 (c. 29)

I83894In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)—
a omit paragraph (f),
b omit paragraph (g), and
c before paragraph (h) insert—
.

Care Standards Act 2000 (c. 14)

I83995In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of “National Health Service body”—
a omit “a Strategic Health Authority,”, and
b omit “, a Primary Care Trust”.

Government Resources and Accounts Act 2000 (c. 20)

I30696
1 Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows.
2 In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.
3 Omit subsection (3).
4 In subsection (4) for “that subsection” substitute “subsection (1)”.

Local Government Act 2000 (c. 22)

I84097In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)—
a before paragraph (b) insert—
, and
b omit paragraph (c) and the preceding “or”.

Regulation of Investigatory Powers Act 2000 (c. 23)

F3798. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

>Freedom of Information Act 2000 (c. 36)

99In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
I1058a omit paragraph 36A,
I307b before paragraph 38 insert—
, and
I1058c omit paragraph 39.

International Development Act 2002 (c. 1)

100In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
I308a before the entry for a Health Board insert— “ the National Health Service Commissioning Board a clinical commissioning group ”,
I1046b omit the entry for a Primary Care Trust, and
I1046c omit the entry for a Strategic Health Authority.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

I841101The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
I842102Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
I843103Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).

Adoption and Children Act 2002 (c. 38)

I844104The Adoption and Children Act 2002 is amended as follows.
I845105In section 4 (assessments etc for adoption support services), in subsection (9)—
a before paragraph (a) insert—
,
b in paragraph (a) omit “a Primary Care Trust”, and
c in the text following paragraph (b)—
i after “notify that” insert “clinical commissioning group,”, and
ii omit “Primary Care Trust,”.
I846106In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
a before paragraph (d) insert—
b in paragraph (d)—
i omit “, Primary Care Trust”, and
ii before “(in Wales,” insert “, clinical commissioning group”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

I847107In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in paragraph (a)—
a omit sub-paragraph (i),
b before sub-paragraph (ii) insert—
, and
c omit sub-paragraph (iii).

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

I848108The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
I849109In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
I850110In section 9 (dispute resolution)—
a in subsection (1) omit “by Strategic Health Authorities in England and”,
b at the end of that subsection insert “in relation to Wales”,
c in subsection (2) omit —
i “Strategic Health Authority or”, and
ii “Authority or”,
d in subsection (3)—
i for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
ii omit “a Strategic Health Authority or”, and
iii omit “Authority or”, and
e in subsection (4)(a) omit “Strategic Health Authority or”.

Licensing Act 2003 (c. 17)

I851111The Licensing Act 2003 is amended as follows.
I852112In section 5(3) (statement of licensing policy)—
a in paragraph (ba) omit “Primary Care Trust or”, and
b after that paragraph insert—
.
I853113In section 13(4) (authorised persons, interested parties and responsible authorities)—
a in paragraph (ba) omit “Primary Care Trust or”, and
b after that paragraph insert—
.
I854114In section 16 (applicant for premises licence), in subsection (3), in the definition of “health service body” omit paragraph (b).
I855115In section 69(4) (authorised persons, interested parties and responsible authorities)—
a in paragraph (ba) omit “Primary Care Trust or”, and
b after that paragraph insert—
.
I856116In section 172B(4) (procedural requirements for early morning alcohol restriction order)—
a in paragraph (d) omit “Primary Care Trust or”, and
b after that paragraph insert—
.

Sexual Offences Act 2003 (c. 42)

I857117In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of “National Health Service body”—
a after paragraph (b) insert—
, and
b omit paragraph (c).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

I858118The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
I859119In section 71 (reporting to Secretary of State and regulator)—
a in subsection (2), after “special measures” insert “or request another person to take special measures”, and
b omit subsections (3) and (4).
I860120In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
I861121In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
a omit paragraph (a),
b omit paragraph (b), and
c before paragraph (d) insert—
.
I862122In section 160 (provision of information)—
a in subsection (1), after paragraph (g) insert—
, and
b in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.
I863123In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)—
a omit sub-paragraph (i), and
b before sub-paragraph (ii) insert—
.

Criminal Justice Act 2003 (c. 44)

I864124In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)—
a after subsection (6)(b) insert—
,
b after subsection (6)(d) insert—
,
c in subsection (6)(f) omit “or Strategic Health Authority”, and
d in subsection (6)(g)—
i after “every” insert “clinical commissioning group or”, and
ii omit “Primary Care Trust or”.

Carers (Equal Opportunities) Act 2004 (c. 15)

I865125
1 Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows.
2 In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
3 In subsection (3) after “provide” insert “or arrange for the provision of”.
4 In subsection (5)—
a omit the “and” at the end of paragraph (c) and insert—
, and
b in paragraph (d)—
i after “any” insert “clinical commissioning group,”, and
ii omit “Primary Care Trust,”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

I866126In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a)—
a after the entry for local probation boards insert—
,
b omit the entry for Strategic Health Authorities, and
c omit the entry for Primary Care Trusts.

Children Act 2004 (c. 31)

I867127The Children Act 2004 is amended as follows.
I868128In section 10 (co-operation to improve wellbeing), in subsection (4)—
a after paragraph (d) insert—
,
b after paragraph (da) (as inserted by paragraph (a) above) insert—
, and
c omit paragraph (e).
I869129In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
a after paragraph (b) insert—
b after paragraph (ba) (as inserted by paragraph (a) above) insert—
,
c omit paragraph (c), and
d omit paragraph (e).
I870130In section 12A (establishment of children's trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
I871131In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
a after paragraph (d) insert—
,
b after paragraph (da) (as inserted by paragraph (a) above) insert—
, and
c omit paragraph (e).

Civil Contingencies Act 2004 (c. 36)

I872132
1 Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
2 In Part 1 (which contains the general list of Category 1 responders)—
a after the cross-heading “Health” insert—
, and
b omit paragraph 7.
3 In Part 3 (which contains the general list of Category 2 responders)—
a after the cross-heading “Health” insert—
, and
b omit paragraph 29A.

Mental Capacity Act 2005 (c. 9)

I873133The Mental Capacity Act 2005 is amended as follows.
I874134In section 35 (appointment of independent mental capacity advocates)—
a in subsection (1), for “appropriate authority” substitute “responsible authority”,
b in subsection (4), for “appropriate authority” substitute “responsible authority”, and
c after subsection (6) insert—
I875135In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.
I876136
1 Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
2 In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
a in paragraph (a) omit “Primary Care Trust,”,
b in that paragraph omit “Strategic Health Authority,”,
c after that paragraph insert—
, and
d in paragraph (b) omit “Primary Care Trust,”.
3 In paragraph 180 (supervisory bodies: hospitals in England)—
a for sub-paragraph (2) substitute—
,
b in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,
c in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
d after sub-paragraph (4) insert—
, and
e in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.
4 In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—
5 Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.
6 In that paragraph—
a in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and
b in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.

Childcare Act 2006 (c. 21)

I877137In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)—
a before paragraph (a) insert—
b in paragraph (a)—
i at the beginning insert “a clinical commissioning group”,
ii omit “a Strategic Health Authority”, and
iii omit “or Primary Care Trust”.

Emergency Workers (Obstruction) Act 2006 (c. 39)

I878138In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—
a in subsection (5), in paragraph (a)—
i after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, the National Health Service Commissioning Board, a clinical commissioning group,”, and
ii omit “, Primary Care Trust”, and
b after that subsection insert—

National Health Service (Consequential Provisions) Act 2006 (c. 43)

I879139In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
a omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating to Primary Care Trusts), and
b omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e) (which make amendments relating to Strategic Health Authorities).

NHS Redress Act 2006 (c. 44)

I880140The NHS Redress Act 2006 is amended as follows.
I881141In section 1, in subsection (3)—
a after paragraph (a) insert—
,
b omit paragraph (b),
c omit paragraph (c), and
d in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
I882142In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

I883143The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I884144In section 6 (regulated activity providers)—
a omit subsection (8D), and
b before subsection (9) insert—
I885145In section 17 (NHS employment) in subsection (3)—
a before paragraph (a) insert—
,
b omit paragraph (b), and
c omit paragraph (f).
I886146In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of “hospital services” omit paragraph (d).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

147In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of “relevant NHS body”—
I315a before paragraph (a) insert—
b in paragraph (a)—
I315i at the beginning insert “a clinical commissioning group,”
I1047ii omit “a Strategic Health Authority,”, and
I1047iii omit “Primary Care Trust,”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

I887148The Local Government and Public Involvement in Health Act 2007 is amended as follows.
I888149
1 Section 222 (arrangements relating to local care services) is amended as follows.
2 In subsection (3)—
a after paragraph (c) insert
,
b omit paragraph (d), and
c omit paragraph (e) and the preceding “or”.
3 After that subsection insert—
I889150In section 224 (duties of services-providers to respond to local involvement networks)—
a for “services-provider”, in each place it appears, substitute “responsible person”,
b in subsection (2), before paragraph (a) insert—
,
c in that subsection, omit paragraph (c), and
d in the title, for “services-providers” substitute “responsible persons”.
I890151In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c).
I891152In section 227 (annual reports), in subsection (4)(b)—
a omit “each Primary Care Trust,”,
b omit “and”,
c omit “each Strategic Health Authority,”, and
d omit the words from “any” to the end.

Criminal Justice and Immigration Act 2008 (c. 4)

I892153In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).

Health and Social Care Act 2008 (c. 14)

I893154The Health and Social Care Act 2008 is amended as follows.
I894155In section 30 (urgent procedure for cancellation), in subsection (3)—
a before paragraph (a) insert—
,
b in paragraph (a)—
i at the beginning insert “in any case where regulations so provide,”,
ii after “such” insert “clinical commissioning group”, and
iii omit “Primary Care Trust”, and
c omit paragraph (b).
I895156In section 39 (bodies required to be notified of certain matters), in subsection (1)—
a before paragraph (a) insert—
,
b in paragraph (a)—
i at the beginning insert “in any case where regulations so provide,”,
ii after “such” insert “clinical commissioning group”, and
iii omit “Primary Care Trust”, and
c omit paragraph (b).
F22157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I896158In section 48 (special reviews and investigations)—
a in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—
, and
b in subsection (8) omit paragraph (a) and the word “or” immediately following it.
F23159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I897160In section 54 (studies as to economy, efficiency etc)—
a omit subsection (2)(b), and
b in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.
I898161In section 59 (additional functions) at the end insert—
I899162In section 64 (power to require documents and information), in subsection (2)(b)—
a after “commissioned by” insert
, and
b omit “a Primary Care Trust”.
F24163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I900165In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—
.
I901166
1 Section 97 (general interpretation of Part 1) is amended as follows.
2 In subsection (1) in the definition of “English NHS body”—
a omit paragraph (a),
b omit paragraph (b), and
c before paragraph (d) insert—
.
3 In that subsection in the definition of “English NHS provider” omit paragraph (a).
4 In that subsection in the definition of “NHS care”—
a after “health care” insert
, and
b omit from “provided by” to the end.
5 After subsection (2) insert—
6 Omit subsection (3).
I902167In section 153 (directions to certain NHS bodies) in subsection (1)—
a omit paragraph (a), and
b omit paragraph (b).

Education and Skills Act 2008 (c. 25)

I903168The Education and Skills Act 2008 is amended as follows.
I904169In section 16 (supply of information by public bodies), in subsection (2)—
a omit paragraph (c),
b omit paragraph (d), and
c before paragraph (e) insert—
.
I905170In section 77 (supply of information by public bodies), in subsection (2)—
a omit paragraph (c),
b omit paragraph (d), and
c before paragraph (e) insert—
.

Autism Act 2009 (c. 15)

I906171In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
a omit paragraph (a),
b omit paragraph (b), and
c before paragraph (d) insert—
.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

F27172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Act 2009 (c. 21)

I309I907173The Health Act 2009 is amended as follows.
I908174In each of the following provisions for “NHS services” substitute “health services”—
a the title to Part 1,
b section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
c the definitions of “carers”, “patients” and “staff” in section 3(7).
175
I310I9091 Section 2 (duty to have regard to NHS constitution) is amended as follows.
I4312 In subsection (1), for “NHS functions” substitute “health service functions”.
3 In subsection (2)—
I431a omit paragraph (a),
I431b omit paragraph (b), and
I311I909c before paragraph (d) insert—
.
I4314 In subsection (3), for “an “NHS function”” substitute “a “health service function””.
I4315 In subsection (4)—
a before paragraph (a) insert—
,
b omit the word “or” at the end of paragraph (a), and
c after paragraph (b) insert
I4316 In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
I910176
1 Section 3 (availability and review of NHS constitution) is amended as follows.
2 In subsection (3), omit paragraph (d).
3 Omit subsection (8).
I911177
1 Section 8 (duty of providers to publish information) is amended as follows.
2 In subsection (1) for “NHS services” (in each place where it occurs) substitute “relevant health services”.
3 Omit subsection (2)(a).
4 In subsection (3) for paragraphs (a) to (c) substitute—
.
5 For subsection (6) substitute—
I912178In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
I913179In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert—
.

Equality Act 2010 (c. 15)

I312I914180The Equality Act 2010 is amended as follows.
I915181In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
a omit paragraph (h), and
b omit paragraph (i).
182In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service—
I313a at the beginning insert—
,
I1048b in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
I1048c omit the entry for a Primary Care Trust, and
I1048d omit the entry for a Strategic Health Authority.

Child Poverty Act 2010 (c. 9)

I916183In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
a after paragraph (e) insert—
,
b omit paragraph (f), and
c omit paragraph (g).

Charities Act 2011 (c. 25)

184In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7)—
I1051a omit paragraph (a),
I1051b omit paragraph (b),
I314c before paragraph (c) insert—
, and
I1051d omit paragraph (f).

F50SCHEDULE 6 

Part 1: transitional provision

Section 55(3)

F50Interpretation

F501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Modification of requirements as to consultation

F502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Directions under section 7 of the 2006 Act

F503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Exercise of Secretary of State's functions in relation to Primary Care Trusts

F507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Conditional establishment of clinical commissioning groups

F508. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Exercise of functions of clinical commissioning groups during initial period

F509. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Preparatory work by clinical commissioning groups

F5010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Arrangements between PCTs and clinical commissioning groups during initial period

F5011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Power to make payments to the Board during initial period

F5012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50Support for clinical commissioning groups during initial period

F5013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 

Abolition of the Health Protection Agency: consequential amendments

Section 56(4)

Parliamentary Commissioner Act 1967 (c. 13)

I9171In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
a omit the entry for the Health Protection Agency, and
b in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)

I9182In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Health Protection Agency.

Local Government Act 1972 (c. 70)

I9193In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A) omit “the Health Protection Agency,” in each place it occurs.

Health and Safety at Work etc. Act 1974 (c. 37)

I9204The Health and Safety at Work etc. Act 1974 is amended as follows.
I9215In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in particular,” to the end.
I9226In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from “, and, in the case of” to “the Health Protection Agency”.

House of Commons Disqualification Act 1975 (c. 24)

I9237In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

I9248In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), omit the entry for the chairman and any non-executive member of the Health Protection Agency.

Employment Rights Act 1996 (c. 18)

I9259In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)

I92610In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency.

International Development Act 2002 (c. 1)

I92711In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.

Nationality, Immigration and Asylum Act 2002 (c. 41)

I92812
1 Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies) is amended as follows.
2 In paragraph (a)—
a before sub-paragraph (i) insert—
, and
b omit sub-paragraph (vi) and the “or” preceding it.
3 In paragraph (b)—
a after sub-paragraph (i) insert “or”, and
b omit sub-paragraph (iv) and the “or” preceding it.
4 In paragraph (c)—
a before sub-paragraph (i) insert—
,
b after sub-paragraph (iia) insert “or”, and
c omit sub-paragraph (iii).
5 In paragraph (d)—
a after sub-paragraph (ii) insert—
, and
b omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)

I92913The Scottish Public Services Ombudsman Act 2002 is amended as follows.
I93014In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
I93115In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

Civil Contingencies Act 2004 (c. 36)

I93216In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—

National Health Service Act 2006 (c. 41)

I93317The National Health Service Act 2006 is amended as follows.
I93418In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
I93519In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
a in subsection (2) omit paragraph (g), and
b in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)

I93620The National Health Service (Wales) Act 2006 is amended as follows.
I93721In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
I93822In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)—
a after paragraph (b) insert “and”, and
b omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

I93923In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).

Health and Social Care Act 2008 (c. 14)

I94024In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

I94125In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts), in paragraph (2)(g) omit paragraph (vi).

SCHEDULE 8 

Monitor

Section 61

Membership

I3451
1 Monitor is to consist of—
a a chair appointed by the Secretary of State,
b at least four other members so appointed, and
c the chief executive and other members appointed in accordance with paragraph 2.
2 The number of executive members must be less than the number of non-executive members.
3 In this Schedule—
a references to non-executive members of Monitor are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and
b references to executive members of Monitor are references to the other members.

The chief executive and other executive members: appointment and status

I3462
1 The chief executive and the other executive members of Monitor are to be appointed by the non-executive members.
2 A person may not be appointed as chief executive or as another executive member without the consent of the Secretary of State.
3 The non-executive members may not appoint more than five executive members without the consent of the Secretary of State.
4 The chief executive and the other executive members are to be employees of Monitor.

Non-executive members: tenure

I3473
1 A person holds and vacates office as a non-executive member of Monitor in accordance with that person's terms of appointment.
2 A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
3 The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—
a incapacity,
b misbehaviour, or
c failure to carry out his or her duties as a non-executive member.
4 The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).
5 A person may not be appointed as a non-executive member for a period of more than four years.
6 A person who ceases to be a non-executive member is eligible for re-appointment.

Suspension from office

I3484
1 This paragraph applies where a person is suspended under paragraph 3(4).
2 The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3 The notice may be—
a delivered in person (in which case, the person is taken to receive it when it is delivered), or
b sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4 The initial period of suspension must not exceed six months.
5 The Secretary of State may at any time review the suspension.
6 The Secretary of State—
a must review the suspension if requested in writing by the person to do so, but
b need not review the suspension less than three months after the beginning of the initial period of suspension.
7 Following a review during a period of suspension, the Secretary of State may—
a revoke the suspension, or
b suspend the person for another period of not more than six months from the expiry of the current period.
8 The Secretary of State must revoke the suspension if the Secretary of State—
a decides that there are no grounds to remove the person from office under paragraph 3(3), or
b decides that there are grounds to do so but does not remove the person from office under that provision.
I3495
1 Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.
2 Appointment as interim chair is for a term not exceeding the shorter of—
a the period ending with either—
i the appointment of a new chair, or
ii the revocation or expiry of the existing chair's suspension, and
b the remainder of the interim chair's term as a non-executive member.
3 A person who ceases to be the interim chair is eligible for re-appointment.

Payment of non-executive members

I3506
1 Monitor must pay to its non-executive members such remuneration and allowances as the Secretary of State may determine.
2 Monitor must pay or make provision for the payment of such pensions, allowances or gratuities as it may, with the approval of the Secretary of State, determine to or in respect of any person who is or has been a non-executive member.
3 If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, Monitor must pay compensation to the person of such amount as the Secretary of State may determine.

Staff

I3517
1 Monitor may appoint such persons to be employees of Monitor as it considers appropriate.
2 Employees of Monitor are to be paid such remuneration and allowances as Monitor may determine.
3 Employees of Monitor are to be appointed on such other terms and conditions as Monitor may determine.
4 Monitor may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of Monitor.
5 Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), Monitor must obtain the approval of the Secretary of State to its policy on that matter.

Superannuation

I99I3528
1 Sub-paragraph (2) applies where a person who is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 is appointed as chair.
2 The Minister for the Civil Service may determine that the person's office as chair is to be treated for the purposes of the scheme as service in the employment by reference to which the person is a member (whether or not any benefits are payable by virtue of paragraph 6(2)).
3 Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” insert— “ Monitor ”.
4 Monitor must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Committees

I353C139
1 Monitor may appoint such committees and sub-committees as it considers appropriate.
2 A committee or sub-committee may consist of or include persons who are not members or employees of Monitor.
3 Monitor may pay such remuneration and allowances as it determines to any person who—
a is a member of a committee or sub-committee, but
b is not an employee of Monitor,
whether or not that person is a non-executive member of Monitor.

Procedure

I35410
1 Monitor may regulate its own procedure.
2 The validity of any act of Monitor is not affected by any vacancy among the members or by any defect in the appointment of a member.

Exercise of functions

I35511
1 Monitor must exercise its functions effectively, efficiently and economically.
2 Monitor may arrange for the exercise of its functions on its behalf by—
a a non-executive member;
b an employee (including the chief executive);
c a committee or sub-committee.
2A Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Assistance

I35612
1 Monitor may arrange for persons to assist it in the exercise of its functions in relation to—
a a particular case, or
b cases of a particular description.
2 Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Borrowing

I35713
1 Monitor may, with the consent of the Secretary of State, borrow money temporarily by way of overdraft.
2 But subject to that, and subject to sections 145 and 146 (power to borrow for exercising functions in relation to financial assistance and power of Secretary of State to lend etc.), Monitor may not borrow money.

Acquiring information

I35814
1 Monitor may obtain, compile and keep under review information about matters relating to the exercise of its functions.
2 Where Monitor exercises the power under sub-paragraph (1), it must do so with a view to (among other things) ensuring that it has sufficient information to take informed decisions and to exercise its other functions effectively.
3 In exercising the power under sub-paragraph (1), Monitor may carry out, commission or support (financially or otherwise) research.

General power

I35915Monitor may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.

Finance

I36016
1 The Secretary of State may make payments to Monitor out of money provided by Parliament of such amounts as the Secretary of State considers appropriate.
2 Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State considers appropriate.

Accounts of NHS foundation trusts

I100I36117
1 Monitor must prepare in respect of each financial year a set of accounts which consolidates the annual accounts of all NHS foundation trusts.
2 The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare a set of accounts in respect of such period as may be specified in the direction which consolidates any accounts prepared by NHS foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the National Health Service Act 2006 in respect of that period.
3 In preparing any consolidated accounts under this paragraph, Monitor must comply with directions given by the Secretary of State with the approval of the Treasury as to—
a the content and form of the consolidated accounts;
b the methods and principles according to which the consolidated accounts should be prepared.
4 Monitor must send a copy of any consolidated accounts under this paragraph to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General—
a accompanied by such other reports or information as the Secretary of State may direct, and
b within the relevant period.
5 In sub-paragraph (4)(b), the relevant period is—
a in relation to consolidated accounts under sub-paragraph (1), such period after the end of the financial year concerned as the Secretary of State may direct;
b in relation to consolidated accounts under sub-paragraph (2), such period as the Secretary of State may direct.
6 Before giving a direction under sub-paragraph (5), the Secretary of State must consult Monitor.
7 The Comptroller and Auditor General must—
a examine, certify and report on any consolidated accounts sent under this paragraph,
b if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
8 Monitor must act with a view to securing that NHS foundation trusts—
a comply promptly with requests from it or the Secretary of State for information relating to their accounts, and
b otherwise act so as to facilitate the preparation of accounts by the Secretary of State.
9 This paragraph does not apply to the financial year specified for the purposes of section 155(7) (which provides for the order that commences section 155, which itself relates to the preparation of the accounts of NHS foundation trusts, to specify the first financial year to which that section will apply) or to the subsequent financial years.

Accounts of Monitor

I101I36218
1 Monitor must keep proper accounts and proper records in relation to the accounts.
2 The Secretary of State may, with the approval of the Treasury, give directions to Monitor as to—
a the content and form of its accounts, and
b the methods and principles to be applied in the preparation of its accounts.
3 In sub-paragraph (2), the reference to accounts includes Monitor's annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.
I102I36319
1 Monitor must prepare annual accounts in respect of each financial year.
2 Monitor must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
3 The Comptroller and Auditor General must—
a examine, certify and report on the annual accounts, and
b lay copies of them and the report before Parliament.
I103I36420
1 The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2 Monitor must send copies of any interim accounts to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General within such period as the Secretary of State may direct.
3 The Comptroller and Auditor General must—
a examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2),
b if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.

Reports and other information

I36521
C91 As soon as practicable after the end of each financial year, Monitor must prepare an annual report on how it has exercised its functions during the year.
C92 The report must, in particular—
a set out the measures that Monitor has taken to promote economy, efficiency and effectiveness in the use of resources for the exercise of its functions,
b include a statement of what it did to comply with the duty under section 63(2) (duty to have regard to Secretary of State's guidance on duty under section 62(9)), and
c include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to Secretary of State's guidance on relevant parts of document on improving quality of services).
C93 Monitor must—
a lay a copy of the report before Parliament, and
b once it has done so, send a copy of it to the Secretary of State.
4 Monitor must provide the Secretary of State with—
a such other reports and information relating to the exercise of Monitor's functions as the Secretary of State may require;
b such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may require.

Recommendations by Committees in Parliament

I36622Monitor must respond in writing to any recommendation about its exercise of its functions that a Committee of either House of Parliament or a Committee of both Houses makes.

Seal and evidence

I36723
1 The application of Monitor's seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose.
2 A document purporting to be duly executed under Monitor's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Status

I36824
1 Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
2 Monitor's property must not be regarded as property of, or property held on behalf of, the Crown.

F467SCHEDULE 9 

Requirements under section 77: undertakings

Section 77

F467Procedure

F4671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467Variation of terms

F4673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467Compliance certificates

F4674. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4675. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467Inaccurate, incomplete or misleading information

F4676. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51SCHEDULE 10 

References by Monitor to the CMA

Sections 101 and 142

F51Variation of reference

F511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Monitor's opinion of public interest etc.

F512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Publication etc. of reference

F513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Information

F514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Time limits

F515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Reports on references

F516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Changes following report

F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 CMA's power to veto changes

F518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Disclosure etc.

F519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51Powers of investigation

F5110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11 

Further provision about NHS England’s enforcement powers

Section 107

PART 1 Discretionary requirements

Procedure

I9421
1 Where NHS England proposes to impose a discretionary requirement on a person, NHS England must give notice to that person (a “notice of intent”).
2 A notice of intent must—
a state that NHS England proposes to impose the discretionary requirement and set out its effect,
b set out the grounds for the proposal to impose the requirement,
c explain the effect of section 106 (enforcement undertakings),
d set out the circumstances (if any) in which NHS England may not impose the requirement, and
e specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.
3 The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.
4 But where NHS England—
a proposes to impose a compliance requirement or restoration requirement, and
b considers that a shorter notice period is necessary to prevent or minimise further breaches of the kind referred to in section 105(1),
the notice period is to be such shorter period as NHS England may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.
2
I9431 After the end of the notice period NHS England must decide whether to—
a impose the discretionary requirement, with or without modifications, or
b impose any other discretionary requirement.
I9432 Where NHS England decides under sub-paragraph (1) to impose a discretionary requirement on a person NHS England must give notice to that person (a “final notice”).
3 A final notice must—
I943a state that NHS England has decided to impose the discretionary requirement and set out its effect,
I943b set out the grounds for imposing the requirement,
I1066c in the case of a variable monetary penalty, state—
i how payment may be made,
ii the period (“the payment period”) within which payment must be made,
iii any discount applicable for early payment of the penalty, and
iv the rate of interest payable for late payment of the penalty,
I943d set out the consequences of failing to comply with the requirement, and
I943e explain the right of appeal conferred by paragraph 3.
I10664 The payment period must be not less than 28 days beginning with the day after that on which the final notice is received.
I10665 NHS England must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
3
I9441 A person may appeal to the First-tier Tribunal against a decision of NHS England to impose a discretionary requirement.
2 The grounds for an appeal under this paragraph are—
I944a that the decision was based on an error of fact,
I944b that the decision was wrong in law,
I1067c in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,
I944d in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or
I944e that the decision was unreasonable for any other reason.
3 The discretionary requirement is suspended pending determination of the appeal.
4 On an appeal under this paragraph, the Tribunal may—
a confirm, vary or withdraw the discretionary requirement,
b take such steps as NHS England could take in relation to the breach giving rise to the imposition of the requirement, or
c remit the decision whether to confirm the requirement, or any matter relating to that decision, to NHS England.
4 NHS England may by notice to a person on whom a discretionary requirement has been imposed—
I1041a withdraw the discretionary requirement,
I1068b in the case of a variable monetary penalty, reduce the amount of the penalty or extend the payment period, or
I1041c in the case of a compliance requirement or a restoration requirement, extend the period specified for taking the steps specified in the requirement.

Non-compliance penalties

I9455
1 If a person fails to comply with a compliance requirement or a restoration requirement NHS England may impose a monetary penalty on that person of such amount as NHS England may determine (a “non-compliance penalty”).
2 Where NHS England proposes to impose a non-compliance penalty on a person NHS England must give notice to that person (a “non-compliance notice”).
3 A non-compliance notice must—
a specify the amount of the non-compliance penalty,
b set out the grounds for imposing the penalty,
c state how payment of the penalty may be made,
d state the period (“the payment period”) within which payment must be made,
e state any discount applicable for early payment of the penalty,
f set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and
g explain the right of appeal conferred by paragraph 6.
4 The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.
5 If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid NHS England may increase the amount payable by no more than 50% of the amount of the penalty.
6 NHS England may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.
I9466
1 A person may appeal to the First-tier Tribunal against a decision of NHS England to impose a non-compliance penalty.
2 The grounds for such an appeal are—
a that the decision was based on an error of fact,
b that the decision was wrong in law, or
c that the decision was, or the amount of the penalty is, unfair or unreasonable.
3 The non-compliance penalty is suspended pending determination of the appeal.
4 On an appeal, the Tribunal may—
a confirm, vary or withdraw the non-compliance penalty, or
b remit the decision whether to confirm the penalty, or any matter relating to that decision, to NHS England.

Recovery of financial penalties

7
I9471 Amounts payable to NHS England of the kind mentioned in sub-paragraph (2) are recoverable summarily as a civil debt (but this does not affect any other method of recovery).
2 The amounts are—
I1069a a variable monetary penalty and any interest payable on it, or
I947b a non-compliance penalty.

Payments of penalties etc. into Consolidated Fund

8 NHS England must pay any sums it receives in respect of any of the following into the Consolidated Fund—
I1070a a variable monetary penalty and any interest payable on it, or
I948b a non-compliance penalty.

PART 2 Enforcement undertakings

Procedure

I9499
1 NHS England must publish a procedure for entering into enforcement undertakings.
2 NHS England may revise the procedure and if it does so, NHS England must publish the procedure as revised.
3 NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.
I95010
1 Where NHS England accepts an enforcement undertaking, NHS England must publish the undertaking.
2 But NHS England must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—
a commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
b information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.

Variation of terms

I95111The terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and NHS England agree.

Compliance certificates

I95212
1 Where NHS England is satisfied that an enforcement undertaking has been complied with, NHS England must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).
2 A person who has given an enforcement undertaking may at any time make an application to NHS England for a compliance certificate.
3 The application must be made in such form, and accompanied by such information, as NHS England requires.
4 NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
I95313
1 An appeal lies to the First-tier Tribunal against a decision of NHS England to refuse an application for a certificate of compliance.
2 The grounds for an appeal under this paragraph are that the decision was—
a based on an error of fact,
b wrong in law, or
c unfair or unreasonable.
3 On an appeal under this paragraph, the Tribunal may confirm NHS England’s decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

I95414Where NHS England is satisfied that a person who has given an enforcement undertaking has supplied NHS England with inaccurate, misleading or incomplete information in relation to the undertaking—
a NHS England may treat the person as having failed to comply with the undertaking, and
b if NHS England decides so to treat the person, NHS England must by notice revoke any compliance certificate given to that person.

F497SCHEDULE 12 

Procedure on references under section 120

Section 120

Contents etc. of reference

F4971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representations by objectors

F4972. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of CMA in relation to reference

F4973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Timetable for determination on reference

F4974. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters to be considered on determination

F4975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of documents

F4976. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oral hearings

F4977. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Written statements

F4978. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defaults in relation to evidence

F4979. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions relating to evidence

F49710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedural rules

F49711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs

F49712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to modify time limits

F49713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13 

Part 3: minor and consequential amendments

Section 150

General

I1331
1 Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor.
2 Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

I1342In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—
.

Parliamentary Commissioner Act 1967 (c. 13)

I1353
1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
a at the appropriate place insert— “ Monitor. ”, and
b omit the entry for the Independent Regulator of NHS Foundation Trusts.
2 In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Superannuation Act 1972 (c. 11)

I1364
1 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.
2 In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question).

House of Commons Disqualification Act 1975 (c. 24)

I1375
1 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
a at the appropriate place insert— “ Chair or other member of Monitor. ”, and
b omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
2 In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

I1386
1 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
a at the appropriate place insert— “ Chair or other member of Monitor. ”, and
b omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
2 In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Freedom of Information Act 2000 (c. 36)

I1397In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
a at the appropriate place insert— “ Monitor. ”, and
b omit the entry for the Independent Regulator of NHS Foundation Trusts.

National Health Service Act 2006 (c. 41)

I140I369I9558The National Health Service Act 2006 is amended as follows.
I3709
I1411 Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts).
2 In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
I37110
1 Omit section 32 (general duty of regulator).
F3392 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14211In section 275(1) (general interpretation), at the appropriate place, insert—
.
I14312In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)” substitute “section 275(1)”.

National Health Service (Wales) Act 2006 (c. 42)

I14413In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

Health and Social Care Act 2008 (c. 14)

I95614The Health and Social Care Act 2008 is amended as follows.
I95715In section 30(3) (urgent applications for cancellation of registration of service provider: notice requirements), for paragraph (c) substitute—
.
I95816In section 39(1) (notice requirements in relation to certain matters), for paragraph (c) substitute—
.
I95917In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission), for subsection (2) substitute—

Health Act 2009 (c. 21)

I14518In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph (f) substitute—
.

Equality Act 2010 (c.15)

I14619In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.

F52SCHEDULE 14 

Abolition of NHS trusts in England: consequential amendments

Section 179

F52PART 1 Amendments of the National Health Service Act 2006

F521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F523. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F527. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52PART 2 Amendments of other Acts

F52Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

F5241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Public Bodies (Admission to Meetings) Act 1960 (c. 67)

F5242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Abortion Act 1967 (c. 87)

F5243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

F5244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Local Government Act 1972 (c. 70)

F5245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52House of Commons Disqualification Act 1975 (c. 24)

F5246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Acquisition of Land Act 1981 (c. 67)

F5247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Mental Health Act 1983 (c. 20)

F5250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

F5251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health and Medicines Act 1988 (c. 49)

F5253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Road Traffic Act 1988 (c. 52)

F5254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Access to Health Records Act 1990 (c. 23)

F5255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Water Industry Act 1991 (c. 56)

F5256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52London Local Authorities Act 1991 (c. xiii)

F5257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Social Security Contributions and Benefits Act 1992 (c. 4)

F5258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health Service Commissioners Act 1993 (c. 46)

F5263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Vehicle Excise and Registration Act 1994 (c. 22)

F5264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Value Added Tax Act 1994 (c. 23)

F5265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Employment Rights Act 1996 (c. 18)

F5268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Audit Commission Act 1998 (c. 18)

F5271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Data Protection Act 1998 (c. 29)

F5274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health Act 1999 (c. 8)

F5275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Greater London Authority Act 1999 (c. 29)

F5276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Care Standards Act 2000 (c. 14)

F5277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Freedom of Information Act 2000 (c. 36)

F5281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52International Development Act 2002 (c. 1)

F5282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Nationality, Immigration and Asylum Act 2002 (c. 41)

F5283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

F5284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Finance Act 2003 (c. 14)

F5285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Licensing Act 2003 (c. 17)

F5288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

F5289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Finance Act 2004 (c. 12)

F5294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Domestic Violence, Crime and Victims Act 2004 (c. 28)

F5295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Children Act 2004 (c. 31)

F5296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Civil Contingencies Act 2004 (c. 36)

F52100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52National Health Service (Wales) Act 2006 (c. 42)

F52101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

F52102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Local Government and Public Involvement in Health Act 2007 (c. 28)

F52103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Criminal Justice and Immigration Act 2008 (c. 4)

F52107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health and Social Care Act 2008 (c. 14)

F52108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Autism Act 2009 (c. 15)

F52111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Health Act 2009 (c. 21)

F52112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Corporation Tax Act 2010 (c. 4)

F52115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Equality Act 2010 (c. 15)

F52116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Charities Act 2011 (c. 25)

F52117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15 

Part 7: consequential amendments and savings

Sections 230 and 231

PART 1  Abolition of The General Social Care Council

Amendments to the Care Standards Act 2000 (c. 14)

I1721The Care Standards Act 2000 is amended as follows.
I1732In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)—
a for “a Council” substitute “the Welsh Council”, and
b after “section 63” insert “, or by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001,”.
I1743In section 56 (register of social care workers etc.)—
a in subsection (1), for “Each Council” substitute “The Welsh Council”, and
b in subsection (4), for “the Council” substitute “the Welsh Council”.
I1754In section 57 (applications for registration), in subsection (1), for “a Council” substitute “the Welsh Council”.
I1765In section 58 (grant or refusal of registration), in subsection (1) for “the Council” substitute “the Welsh Council”.
I1776In section 58A (visiting social workers from relevant European States)—
a in subsections (3) and (7), for “a Council” substitute “the Welsh Council”, and
b in subsection (6), for “a Council, that” substitute “the Welsh Council, the”.
I1787In section 59 (removal etc. from register), in subsection (1), for “Each Council” substitute “The Welsh Council”.
I1798In section 60 (rules about registration), for “A Council” substitute “The Welsh Council”.
I1809In section 61 (offence relating to use of title “social worker” etc.)—
a in subsection (1), after “a person” insert “in Wales”,
b in subsection (2)(a), for “a Council” substitute “the Welsh Council”, and
c in subsection (2)(b), after “the law of” insert “England and Wales so far as applying in relation to England,”.
I18110In section 62 (codes of practice)—
a in subsection (1), for “Each Council” substitute “The Welsh Council”,
b in subsections (3), (4) and (6), for “a Council” substitute “the Council”, and
c in subsection (5), after “Local authorities” insert “in Wales”.
I18211In section 63 (approval of courses etc.)—
a in subsection (1), for “Each Council” substitute “The Welsh Council”, and
b in subsection (4), for “A Council” substitute “The Council”.
I18312In section 64 (qualifications gained outside Council's area)—
a in subsection (A1), for “a Council” substitute “the Welsh Council”,
b omit subsection (1), and
c for the title substitute “Qualifications gained outside the Welsh Council's area”.
I18413In section 65(1) (power to make rules requiring registered persons to undertake further training), for “A Council” substitute “The Welsh Council”.
I18514In section 66 (visitors for certain social work courses)—
a in subsection (1), for “A Council” substitute “The Welsh Council”, and
b in subsection (3), for “a Council” substitute “the Council”.
I18615In section 67 (functions of the appropriate Minister)—
a in subsection (2), for “a Council” substitute “the Welsh Council”, and
b in subsection (5), omit paragraph (a) (and the “or” following it).
I18716In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the Welsh Council”.
I18817In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh Council”.
I18918Omit section 70 (abolition of the Central Council for Education and Training in Social Work).
I19019In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the Welsh Council”.
I19120In section 113 (default Ministerial powers), omit subsection (1).
I19221In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.
I19322In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the end.
I19423In section 121 (13) (index of defined expressions)—
a omit the entry for “CCETSW”,
b omit the entry for references to the Council, the English Council and the Welsh Council, and
c at the end insert—
.
I19524In section 122 (commencement), omit “section 70(2) to (5) and”.
I19625In section 123 (extent), omit subsection (3).
I19726Schedule 1 (the Care Councils) is amended as follows.
I19827Omit paragraph 1 (introductory).
I19928In paragraph 2 (status)—
a for “An authority” substitute “The Welsh Council”, and
b for “an authority's” substitute “the Council's”.
I20029In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh Ministers, the Welsh Council”.
I20130In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.
I20231For paragraph 5 (membership)—
a for “Each authority” substitute “The Welsh Council”, and
b for “the Secretary of State” substitute “the Welsh Ministers”.
I20332In paragraph 6 (appointment, procedure etc.)—
a for “The Secretary of State” substitute “The Welsh Ministers”,
b in paragraph (a), for “an authority” substitute “the Welsh Council”,
c in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each place it appears) for “an authority” substitute “the Council”, and
d in paragraph (c), for “the authority” substitute “the Council”.
I20433
1 Paragraph 7 (remuneration and allowances) is amended as follows.
2 In sub-paragraph (1)—
a for “An authority” substitute “The Welsh Council”,
b for “the authority”, in each place it appears, substitute “the Council”, and
c for “the Secretary of State” substitute “the Welsh Ministers”.
3 In sub-paragraph (2)—
a for “the Secretary of State so determines” substitute “the Welsh Ministers so determine”,
b for “an authority”, in each place it appears, substitute “the Council”, and
c for “the Secretary of State” substitute “the Welsh Ministers”.
4 In sub-paragraph (3)—
a for “the Secretary of State determines” substitute “the Welsh Ministers determine”,
b for “an authority” substitute “the Council”,
c for “the authority” substitute “the Council”, and
d for “the Secretary of State” substitute “the Welsh Ministers”.
I20534
1 Paragraph 8 (chief officer) is amended as follows.
2 In sub-paragraph (1)—
a for “each authority” substitute “the Welsh Council”, and
b for “the authority”, in each place it appears, substitute “the Council”.
3 In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”.
4 In sub-paragraph (3), for “the authority” substitute “the Council”.
5 In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.
I20635
1 Paragraph 12 (staff) is amended as follows.
2 In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.
3 In sub-paragraph (2)—
a for “an authority” substitute “the Council”, and
b for “the authority” substitute “the Council”.
4 In sub-paragraph (3), for “an authority” substitute “the Council”.
5 In sub-paragraph (4)—
a for “Secretary of State” substitute “Welsh Ministers”,
b in paragraph (a), for “an authority” substitute “the Council”, and
c in paragraph (c), for “the authority” substitute “the Council”.
I20736
1 Paragraph 13 (delegation of functions) is amended as follows.
2 In sub-paragraph (1)—
a for “An authority” substitute “The Welsh Council”, and
b for “the authority” substitute “the Council”.
3 In sub-paragraph (2)—
a for “An authority” substitute “The Council”, and
b for “the authority” substitute “the Council”.
I20837In paragraph 14 (arrangements for the use of staff)—
a for “The Secretary of State” substitute “The Welsh Ministers”,
b in paragraph (a), for “an authority” substitute “the Welsh Council”, and
c in paragraph (b), for “an authority” substitute “the Council”, and for “the authority” substitute “the Council”.
I20938In paragraph 16 (payments to authorities)—
a for “The Secretary of State” substitute “The Welsh Ministers”,
b for “an authority” substitute “the Welsh Council”, and
c for “he considers” substitute “they consider”.
I21039
1 Paragraph 18 (accounts) is amended as follows.
2 In sub-paragraph (1)—
a for “An authority” substitute “The Welsh Council”, and
b for “the Secretary of State” substitute “the Welsh Ministers”.
3 In sub-paragraph (2)—
a for “An authority” substitute “The Council”, and
b for “the Secretary of State” substitute “the Welsh Ministers”.
4 In sub-paragraph (3)—
a for “An authority” substitute “The Council”,
b for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”, and
c for “the Comptroller and Auditor General” substitute “the Auditor General for Wales”.
5 In sub-paragraph (4)—
a for “The Comptroller and Auditor General” substitute “The Auditor General for Wales”, and
b for “Parliament” substitute “the Assembly”.
6 In sub-paragraph (5)—
a for “an authority” substitute “the Council”, and
b in paragraph (a), for “the authority” substitute “the Council”.
I21140
1 Paragraph 19 (reports etc.) is amended as follows.
2 In sub-paragraph (1)—
a for “an authority” substitute “the Welsh Council”, and
b for “the Secretary of State” substitute “the Welsh Ministers”.
3 In sub-paragraph (2)—
a for “An Authority” substitute “The Council”,
b for “the Secretary of State” substitute “the Welsh Ministers”, and
c for “he” substitute “they”.
4 In sub-paragraph (3), for “the authority” substitute “the Council”.
I21241In paragraph 20 (application of seal)—
a for “an authority” substitute “the Welsh Council”, and
b in paragraphs (a) and (b), for “the authority” substitute “the Council”.
I21342In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
I21443For the title to Schedule 1 substitute “The Welsh Council”.

Amendments to the Health and Social Care Act 2008 (c. 14)

I21544The Health and Social Care Act 2008 is amended as follows.
I21645
1 In section 124 (regulation of social care workers)—
a in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
b in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
c in subsection (3), omit the definition of “the appropriate Minister”.
2 For the title to that section substitute “Regulation of social care workers: Wales”.
I21746Section 125 (standard of proof in proceedings relating to registration of social care worker)—
a in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the Care Council for Wales, a committee of the Council or any officer of the Council”, and
b in subsection (3), omit paragraph (a).
I21847
1 Section 126 (education and training of approved mental health professionals) is amended as follows.
2 In subsection (1)—
a for “appropriate Minister” substitute “Welsh Ministers”, and
b omit “the General Social Care Council or”.
3 In subsection (4), omit the definition of “the appropriate Minister”.
4 For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
I21948In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert—
.
I22049
1 Schedule 9 (regulation of social care workers) is amended as follows.
2 In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
3 In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for “the appropriate Council” substitute “the Council”.
4 In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
5 In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to “Welsh Ministers, on”.
6 In paragraph 8 (matters outside the scope of regulations)—
a in sub-paragraph (1), omit “the General Social Care Council or”,
b in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
c in that sub-paragraph, for “that Council” substitute “the Council”.
7 Omit paragraph 9 (preliminary procedure for making regulations: England).
8 For the title to that Schedule substitute “Regulation of social care workers: Wales”.

Amendments to other Acts

I22150In the following provisions, omit the entry for the General Social Care Council—
a the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
b Schedule 2 to the Parliamentary Commissioner Act 1967,
c Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
d Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
e Part 6 of Schedule 1 to the Freedom of Information Act 2000.
I22251In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
I22352In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in entry number 8 in the table in subsection (7)—
a in the first column, after “social care workers” insert “in Wales”, and
b in the second column, for the words from “General” to the end substitute “Care Council for Wales”.

PART 2  The Health and Care Professions Council

I22453
1 A reference in any instrument or document to the Health Professions Council is to be read, in relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions Council.
2 A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council.
3 In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
a an Act of Parliament,
b an Act of the Scottish Parliament,
c an Act or Measure of the National Assembly for Wales, or
d Northern Ireland legislation.
I22554In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.
I22655In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.
I22756In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
a Part 6 of Schedule 1 to the Freedom of Information Act 2000,
b section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
c section 4(4)(a) of the Health (Wales) Act 2003,
d paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
e paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
f sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
I22857In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—
.
I22958After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—

PART 3  The Professional Standards Authority for Health and Social Care

General

I37859
1 A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care.
2 A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
3 In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
a an Act of Parliament,
b an Act of the Scottish Parliament,
c an Act or Measure of the National Assembly for Wales, or
d Northern Ireland legislation.

Health Act 1999 (c. 8)

I37960In section 60(1) of the Health Act 1999—
a in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
b in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
I38061In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

I38162In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—
a section 25(2), (2A) and (4),
b section 26(1), (2), (3) and (4),
c section 26A(1) (in each place it appears) and (2),
d section 26B(1) and (4) (in each case, in each place it appears),
e section 27(1), (2), (4), (10) and (14),
f section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
g section 29(4) and (7) (in each case, in each place it appears),
h in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
i the title of each of sections 26, 27 and 29, and
j the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
I38263In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.
I38364Omit section 26(12) of that Act.
I38465In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council's” substitute “Authority's”.
I38566For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.

Other Acts, etc.

I38667In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
I38768In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
a paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
b paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and
c paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.
I38869
1 In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—
a Schedule 1 to the Public Records Act 1958,
b Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
c Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
d Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2 In each of the provisions listed in sub-paragraph (1), at the appropriate place insert— “ The Professional Standards Authority for Health and Social Care ”.
3 Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).

PART 4  The Office of the Health Professions Adjudicator

Miscellaneous amendments

I14770In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
I14871
1 Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
a Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
b Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
c Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
d the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).
2 In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case.
3 Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
4 Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).

Amendments to the Health Act 1999 (c. 8)

I14972
1 The Health Act 1999 is amended as follows.
2 Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
3 In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008.
4 In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”.
5 In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.

Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)

I15073
1 In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)—
a in paragraph (c), omit “otherwise than by reason of his physical or mental health”, and
b in paragraph (f), omit the words from “, other than a direction” to the end.
2 In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.

Amendments to the Health Act 2006 (c. 28)

I15174
1 Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it.
2 Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions).
3 In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.

Amendments to the Health and Social Care Act 2008 (c. 14)

I15275
1 The Health and Social Care Act 2008 is amended as follows.
2 In section 128 (interpretation), omit the definition of “the OHPA”.
3 In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4).
4 In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.

Savings

I15376
1 If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs.
2 Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes—
a the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State,
b the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and
c the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State.
3 Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
I15477A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.
I15578In paragraphs 76 and 77—
  • “abolition” means the commencement of section 231(1);
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
  • “the OHPA” means the Office of the Health Professions Adjudicator.

SCHEDULE 16 

The National Institute for Health and Care Excellence

Section 232

Membership, appointment, etc.

I104I9601
1 NICE consists of—
a at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive members”), and
b at least three but not more than five other members appointed by the non-executive members (referred to in this Schedule as the “executive members”).
2 One of the non-executive members must be appointed as the chair.
3 One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.
4 The executive members are employees of NICE.
5 Regulations may—
a prescribe the number of executive members (subject to sub-paragraph (1)(b)), and
b provide that all or any of the executive members (other than the chief executive) must hold posts of descriptions specified in the regulations.

Tenure of non-executive office

I9612
1 The chair and other non-executive members—
a hold and vacate office in accordance with the terms of their appointments, but
b may resign office by giving notice to the Secretary of State.
2 The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds—
a incapacity,
b misbehaviour, or
c failure to carry out his or her duties as a non-executive member.
3 The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
4 A non-executive member may not be appointed for a period of more than four years.
5 A person who ceases to be the chair or another non-executive member is eligible for re-appointment.

Suspension from non-executive office

I9623
1 This paragraph applies where a person is suspended under paragraph 2(3).
2 The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3 The notice may be—
a delivered in person (in which case, the person is taken to receive it when it is delivered), or
b sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4 The initial period of suspension must not exceed six months.
5 The Secretary of State may at any time review the suspension.
6 The Secretary of State—
a must review the suspension if requested in writing by the person to do so, but
b need not review the suspension less than three months after the beginning of the initial period of suspension.
7 Following a review during a period of suspension, the Secretary of State may—
a revoke the suspension, or
b suspend the person for another period of not more than six months from the expiry of the current period.
8 The Secretary of State must revoke the suspension if the Secretary of State—
a decides that there are no grounds to remove the person from office under paragraph 2(2), or
b decides that there are grounds to do so but does not remove the person from office under that provision.
I9634
1 This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).
2 The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair's functions.
3 The interim chair—
a holds and vacates office in accordance with the terms of the appointment, but
b may resign office by giving notice in writing to the Secretary of State.
4 Appointment as interim chair is for a term not exceeding the shorter of—
a the period ending with either—
i the appointment of a new chair, or
ii the revocation or expiry of the existing chair's suspension, and
b the remainder of the interim chair's term as a non-executive member.
5 A person who ceases to be the interim chair is eligible for re-appointment.

Remuneration etc. of non-executive members

I9645
1 NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
2 NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
3 If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount as the Secretary of State may determine.

Staff

I9656
1 NICE may appoint such persons to be employees of NICE as it considers appropriate.
2 Employees of NICE are to be paid such remuneration and allowances as NICE may determine.
3 Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.
4 NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of NICE.
5 Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.

Committees

I9667
1 NICE may appoint such committees and sub-committees as it considers appropriate.
2 A committee or sub-committee may consist of or include persons who are not members or employees of NICE.
3 NICE may pay such remuneration and allowances as it may determine to any person who—
a is a member of a committee or sub-committee, but
b is not an employee of NICE,
whether or not that person is a non-executive member of NICE.

Procedure

I105I9678
1 NICE may regulate its own procedure.
2 But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee.
3 The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.

Exercise of functions

I9689NICE may arrange for the exercise of its functions on its behalf by—
a a non-executive member;
b an employee (including an executive member);
c a committee or sub-committee.

General powers

I96910
1 NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
2 But, except as provided by paragraph 11(3), NICE has no power to borrow money.
3 NICE may do any of the following only with the approval of the Secretary of State—
a form, or participate in the forming of, companies,
b invest in companies (whether by acquiring assets, securities or rights or otherwise), and
c provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
4 The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate.
5 In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).

Finance

I97011
1 The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
2 Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
3 The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.

Reports

I97112
1 As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year.
2 NICE must—
a lay a copy of the report before Parliament, and
b once it has done so, send a copy of it to the Secretary of State.
3 NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE's functions as the Secretary of State may require.
4 In this paragraph and paragraph 14 “financial year” means—
a the period beginning on the day on which section 232 comes into force and ending on the following 31 March;
b each successive period of 12 months.

Accounts

I106I97213
1 NICE must keep proper accounts and proper records in relation to the accounts.
2 The Secretary of State may, with the approval of the Treasury, give directions to NICE as to—
a the content and form of its accounts, and
b the methods and principles to be applied in the preparation of its accounts.
3 In sub-paragraph (2) a reference to accounts includes NICE's annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
I107I97314
1 NICE must prepare annual accounts in respect of each financial year.
2 NICE must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
3 The Comptroller and Auditor General must—
a examine, certify and report on the annual accounts, and
b lay copies of them and the report before Parliament.
I108I97415
1 The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2 NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
3 The Comptroller and Auditor General must—
a examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
b if the Secretary of State so directs—
i send a copy of the report on the accounts to the Secretary of State, and
ii lay copies of them and the report before Parliament.

Seal and evidence

I97516
1 The application of NICE's seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
2 A document purporting to be duly executed under NICE's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Status

I97617
1 NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
2 NICE's property must not be regarded as property of, or property held on behalf of, the Crown.

SCHEDULE 17 

Part 8: consequential amendments

Section 249

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

I9771In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—
.

Parliamentary Commissioner Act 1967 (c. 13)

I9782In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ National Institute for Health and Care Excellence. ”

Local Government Act 1972 (c. 70)

I9793In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—
a after “agreement with” insert “the National Institute for Health and Care Excellence,”,
b in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
c in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.

House of Commons Disqualification Act 1975 (c. 24)

I9804In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

I9815In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

Employment Rights Act 1996 (c. 18)

I9826
1 The Employment Rights Act 1996 is amended as follows.
2 In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
.
3 In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
.

Data Protection Act 1998 (c. 29)

I9837In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—
.

Freedom of Information Act 2000 (c. 36)

I9848In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The National Institute for Health and Care Excellence. ”

International Development Act 2002 (c. 1)

I9859In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert— “ The National Institute for Health and Care Excellence. ”

National Health Service Act 2006 (c. 41)

I98610
1 The National Health Service Act 2006 is amended as follows.
2 In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—
.
3 In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—
.
4 In section 72 (co-operation between NHS bodies)—
a the existing text becomes subsection (1), and
b after that subsection insert—
5 In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
.

National Health Service (Wales) Act 2006 (c. 42)

I98711In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—
.

Health and Social Care Act 2008 (c. 14)

I98812
1 The Health and Social Care Act 2008 is amended as follows.
2 Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading.
3 In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
a at the end of paragraph (a) insert “or”, and
b omit paragraph (c) and the word “or” immediately preceding it.

Health Act 2009 (c. 21)

I98913In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—
.

Equality Act 2010 (c. 15)

I99014In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The National Institute for Health and Care Excellence. ”

F364SCHEDULE 18 

The Health and Social Care Information Centre

Section 252

Membership, appointment, etc.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of non-executive office

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension from non-executive office

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration etc. of non-executive members

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and evidence

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19 

Part 9: consequential amendments

Section 277

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

I9911In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—

Parliamentary Commissioner Act 1967 (c. 13)

I9922In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ Health and Social Care Information Centre. ”

House of Commons Disqualification Act 1975 (c. 24)

I9933In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

I9944In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

Access to Health Records Act 1990 (c. 23)

I9955In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—
.

Employment Rights Act 1996 (c. 18)

I9966
1 The Employment Rights Act 1996 is amended as follows.
2 In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—
.
3 In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
.

Data Protection Act 1998 (c. 29)

I9977In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—
.

Freedom of Information Act 2000 (c. 36)

I9988In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The Health and Social Care Information Centre. ”

National Health Service Act 2006 (c. 41)

I9999
1 The National Health Service Act 2006 is amended as follows.
2 In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
.
3 In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (da) (inserted by Schedule 17) insert—
.
4 In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this Act) insert—

National Health Service (Wales) Act 2006 (c. 42)

I100010
1 The National Health Service (Wales) Act 2006 is amended as follows.
2 In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
.

Health and Social Care Act 2008 (c. 14)

I100111In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—
a omit the “or” after paragraph (d), and
b after paragraph (e) insert

Health Act 2009 (c. 21)

I100212In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in subsection (2) after paragraph (da) (inserted by Schedule 17) insert—
.

Equality Act 2010 (c. 15)

I100313In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “ The Health and Social Care Information Centre. ”

SCHEDULE 20 

Part 10: consequential amendments and savings

Sections 278, 279 and 280

PART 1  The Alcohol Education and Research Council

Consequential amendments

I1561Omit the entry for the Alcohol Education and Research Council in each of the following—
a Schedule 2 to the Parliamentary Commissioner Act 1967, and
b Part 6 of Schedule 1 to the Freedom of Information Act 2000.
I1572Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
I1583In consequence of the repeal made by section 278(2)—
a in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
b in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).

Savings

I1594
1 Anything which is in the process of being done by the Alcohol Education and Research Council under an enactment immediately before abolition may be continued by the Secretary of State.
2 Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been done by the Council, be done by the Secretary of State after abolition.
3 The Secretary of State must prepare a report on the activities of the Council during the period that begins with the 1 April before abolition and ends with abolition.
4 In this paragraph—
  • “abolition” means the commencement of section 278(1);
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

PART 2  The Appointments Commission

Consequential amendments

I3185
1 Omit the entry for the Appointments Commission in each of the following—
a Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
b Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
c Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2 In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of paragraphs 4 and 5).
I3196Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—
a the Medical Act 1983,
b the Dentists Act 1984,
c the Opticians Act 1989,
d the Osteopaths Act 1993, and
e the Chiropractors Act 1994.
I3207In consequence of the repeal made by section 279(2)—
a in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit paragraphs 284 to 286,
b in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the preceding cross-heading),
c in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and
d in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading).

Savings

I3218
1 Anything which is in the process of being done by the Appointments Commission under an enactment immediately before abolition may be continued by the Secretary of State.
2 If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph.
3 Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose—
a the duty under sub-paragraph (2) of that paragraph, in so far as it has not been discharged by the Commission, must be discharged by the Secretary of State, and
b the duty under sub-paragraph (3)(b) of that paragraph must be discharged by the Secretary of State.
4 Subject to that, anything which the Commission is required to do under an enactment before abolition may, in so far as it has not been done by the Commission, be done by the Secretary of State after abolition.
5 In this paragraph—
  • “abolition” means the commencement of section 279(1);
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

PART 3  The National Information Governance Board for Health and Social Care

Consequential amendments

I10049
1 Omit the entry for the National Information Governance Board for Health and Social Care in each of the following—
a Schedule 2 to the Parliamentary Commissioner Act 1967,
b Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
c Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2 In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of those paragraphs).
I100510
1 In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3), omit paragraph (fa).
2 In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the preceding cross-heading).
I100611In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social Care Act 2008.

Savings

I100712
1 Anything which is in the process of being done by the National Information Governance Board for Health and Social Care under an enactment immediately before abolition may be continued by the Secretary of State.
2 Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose—
a if abolition is to occur at a time other than immediately after the end of a reporting year within the meaning of that section, the period that begins with the 1 April before abolition and ends with abolition is to be treated as a reporting year for the purposes of that section, and
b the duty under subsection (1)(a) of that section must be discharged by the Secretary of State.
3 Anything which the Board is required to do under an enactment before abolition may, in so far as it has not been done by the Board, be done by the Secretary of State after abolition.
4 In this paragraph—
  • “abolition” means the commencement of section 280(1);
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).

SCHEDULE 21 

Amendments relating to relationships between the health services

Section 297

National Health Service (Scotland) Act 1978 (c. 29)

I408I10081The National Health Service (Scotland) Act 1978 is amended as follows.
2
1 Section 17A (NHS contracts) is amended as follows.
I10092 In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
3 In subsection (2)—
I391a after paragraph (c) insert —
,
I391b for paragraph (f) substitute—
,
I391c for paragraph (ff) substitute—
,
I1009d omit paragraph (h),
I391e before paragraph (k) insert—
,
f in paragraph (k), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”,
I1009g omit paragraph (ka),
I391h after paragraph (m) insert—
,
I1009i after paragraph (p) omit the “and,”,
I1009j after paragraph (q) insert—
.
I10094 After subsection (10) insert—
I10103
1 Section 17C (personal medical or dental services) is amended as follows.
2 In subsection (5)—
a in paragraph (a), for the words from “the Board by” to the end substitute “the Board by a Local Health Board”, and
b in paragraph (b), for the words from “exercisable by” to “the Authority” substitute “exercisable by a Local Health Board in relation to an agreement made under section 50 of the National Health Service (Wales) Act 2006 to be exercisable on behalf of the Local Health Board”.
3 In subsection (6), for the first definition substitute—
.
4 In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
4In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in paragraph (b) of the definition of “NHS employee”—
I1043a in sub-paragraph (ii) omit “a Primary Care Trust or”,
b in sub-paragraph (iii)—
i after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
I1043c omit the words from “and in this paragraph” to the end.

National Health Service Act 2006 (c. 41)

I409I10115The National Health Service Act 2006 is amended as follows.
I4106In section 9 (NHS contracts), in subsection (4)—
a after paragraph (f) insert—
, and
b after paragraph (n) insert—
.
I10127After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
8
1 In section 66 (intervention orders), for subsection (1) substitute—
2 Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
3 Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
9
1 Section 67 (effect of intervention orders) is amended as follows.
2 In subsection (1)—
a in paragraph (a) omit “or Local Health Board, or a member of the board of directors of an NHS trust”, and
b in paragraph (b)—
i omit “or Local Health Board,” and
ii in that paragraph omit “, or an executive director of an NHS trust”.
3 In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of its board of directors)”.
10
1 In section 68 (default powers), for subsection (1) substitute—
2 Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
3 Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
I101311In section 78 (directed partnership arrangements), in subsection (3)—
a in paragraph (c) after “NHS trusts” insert “established under section 25”, and
b omit paragraph (d).

National Health Service (Wales) Act 2006 (c. 42)

I411I101412The National Health Service (Wales) Act 2006 is amended as follows.
13In section 7 (NHS contracts), in subsection (4)—
I1042a omit paragraph (a),
I1042b omit paragraph (b),
I420c before paragraph (c) insert—
,
I420d after paragraph (f) insert—
,
I420e omit paragraph (j), and
I420f after paragraph (n) insert—
.
I101514After section 8 insert—
I101615In section 10 (Welsh Ministers' arrangements with other bodies), in subsection (4) omit paragraph (b).
I101716In section 13 (exercise of Local Health Board functions), in subsection (3)—
a omit paragraph (a), and
b before paragraph (b) insert—
.
I101817In section 17 (plans for improving health etc), in subsection (6)—
a in paragraph (g)—
i after “between” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
ii omit “Strategic Health Authorities,”,
iii omit “Primary Care Trusts,”, and
iv for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and
b in paragraph (h)—
i after “provision by” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
ii omit “Strategic Health Authorities,”,
iii omit “Primary Care Trusts”, and
iv for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”.
I41218In section 22 (special health authorities), omit subsection (6).
I41319In section 26 (intervention orders), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
I41420In section 27 (effect of intervention orders), in subsection (1)—
a omit “Strategic Health Authority,” in each place it occurs, and
b omit “Primary Care Trust,” in each place it occurs.
I41521In section 28 (default powers), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
I101922In section 34 (power of local authorities to make payments), in subsection (1)—
a after “payments to” insert “the National Health Service Commissioning Board, a clinical commissioning group”,
b omit “a Strategic Health Authority,”, and
c omit “a Primary Care Trust”.
I102023In section 36 (directed partnership arrangements), in subsection (3)—
a omit paragraph (a), and
b omit paragraph (b).
I102124
1 Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows.
2 In subsection (3)—
a in paragraph (a) omit “or by a Primary Care Trust”, and
b in paragraph (b) omit “, a Primary Care Trust”.
3 In subsection (6) omit “, a Primary Care Trust” in each place it occurs.
4 In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
I102225In section 39 (conditions of supply under section 38), in subsection (3), omit “Primary Care Trusts,”.
I102326In section 41 (duty to provide primary medical services), omit subsection (4).
I102427
1 Section 51 (persons with whom agreements for provision of primary medical services may be made) is amended as follows.
2 In subsection (1)(g), omit “Primary Care Trust or”.
3 In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
I102528In section 56 (primary dental services), omit subsection (4).
I102629
1 Section 65 (persons with whom agreements for provision of primary dental services may be made) is amended as follows.
2 In subsection (1)(g), omit “Primary Care Trust or”.
3 In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
I102730In section 106 (provision about regulations under section 105), in subsection (2)—
a omit paragraph (e), and
b after paragraph (e) insert—
I102831
1 Section 115 (national disqualification) is amended as follows.
2 In subsection (1)—
a omit paragraph (e),
b after that paragraph insert—
c after “such lists prepared by each Local Health Board” insert “and the National Health Service Commissioning Board”, and
d omit “and each Primary Care Trust”.
3 In subsection (6)—
a in paragraph (a)—
i omit “or Primary Care Trust”, and
ii before “may include” insert “or the National Health Service Commissioning Board”, and
b in paragraph (b)—
i omit “and each Primary Care Trust”, and
ii after “included” insert “, and the National Health Service Commissioning Board,”.
I102932In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be prescribed, to a Primary Care Trust,”.
I41633In section 144 (persons and bodies about which provision is made), in subsection (2) for “section 22(6)” substitute “section 206(1)”.
I103034In section 161 (transfers of trust property), in subsection (2)(c)—
F47a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b omit “a Primary Care Trust,”
I103135
1 Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
2 In subsection (1)—
a after the first “by” insert “the National Health Service Commissioning Board, a clinical commissioning group,”, and
b omit “a Primary Care Trust,”.
3 In subsection (3)(a)—
F48a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b omit “a Primary Care Trust,”.
I103236In section 181 (payment for medical examination before application for admission to hospital under the Mental Health Act), in subsection (2)(b)—
a omit “a Primary Care Trust,”, and
b before “NHS trust” insert “an”.
I103337In section 197 (university clinical teaching and research), in subsection (2)(a)—
a after “exercisable by” insert “the National Health Service Commissioning Board,”,
b after “a” insert “clinical commissioning group,”,
c omit “a Strategic Health Authority,”, and
d omit “Primary Care Trust,”.
38
1 In section 206 (interpretation), in subsection (1)—
I417a before the definition of “dental practitioner” insert—
,
I417b after the definition of “modifications” insert—
I1034c omit the definition of “Primary Care Trust”, and
I1034d omit the definition of “Strategic Health Authority”.
I4172 Until the commencement of section 34 of this Act, the definition of “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006 has effect as if it included a reference to a Primary Care Trust.
I103539In Schedule 2 (Local Health Boards), in paragraph 9—
a omit “Strategic Health Authorities and”,
b omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and
c for “that Act” substitute “the National Health Service Act 2006”.
I103640
1 Schedule 3 (NHS trusts) is amended as follows.
2 In paragraph 5(1)(f) omit “Primary Care Trust,”.
3 In paragraph 6—
a omit “Strategic Health Authority,” in each place it occurs, and
b omit “, Primary Care Trust” in each place it occurs.
4 In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.
5 In paragraph 8 omit “, Primary Care Trust” in each place it occurs.
6 In paragraph 9—
a in sub-paragraph (1)—
i omit “a Strategic Health Authority,”, and
ii omit “a Primary Care Trust,”,
b in sub-paragraph (3)—
i omit “Strategic Health Authority,”, and
ii omit “Primary Care Trust,”,
c in sub-paragraph (6)—
i omit “a Strategic Health Authority,”, and
ii omit “a Primary Care Trust,”, and
d in sub-paragraph (7)—
i omit “Strategic Health Authority,” in each place it occurs,
ii omit “or belong to a Primary Care Trust”, and
iii omit “Primary Care Trust,”.
7 In paragraph 18—
a omit “Strategic Health Authority,”, and
b omit “Primary Care Trust,”.
8 In paragraph 30—
a omit “Strategic Health Authority,”, and
b omit “Primary Care Trust,”.
I103741
1 Schedule 5 (Special Health Authorities) is amended as follows.
2 In paragraph 3—
a in sub-paragraph (8)—
i omit “or to a Strategic Health Authority”, and
ii omit “, a Strategic Health Authority”, and
b in sub-paragraph (12)—
i in paragraph (a) omit “or of a Strategic Health Authority”, and
ii in paragraph (b) omit “or by a Strategic Health Authority”.
3 In paragraph 13, for “a Strategic Health Authority” substitute “the National Health Service Commissioning Board”.
I103842
1 Schedule 10 (further provision about Community Health Councils) is amended as follows.
2 In paragraph 2—
a omit “, Strategic Health Authorities” in each place it occurs, and
b omit “, Primary Care Trusts” in each place it occurs.
3 In paragraph 3—
a omit paragraph (b), and
b omit paragraph (c).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

43
I418I10391 Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts) is amended as follows.
2 In paragraph (2)—
a in sub-paragraph (g)—
I1040i omit paragraph (i),
I1040ii omit paragraph (ii), and
iii omit paragraph (iii),
I419b after that sub-paragraph insert—
,
I392c in sub-paragraph (h) after paragraph (i) insert—
,
I392d after sub-paragraph (h) insert—
,
I392e omit sub-paragraph (i), and
I1040f before sub-paragraph (j) insert—
.
I3923 In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

F53SCHEDULE 22 

Property transfer schemes

Section 300(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54SCHEDULE 23 

Staff transfer schemes

Section 300(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

  1. I1
    S. 13 partly in force: s. 13 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  2. I2
    S. 15 partly in force: s. 15 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  3. I3
    S. 16 partly in force: s. 16 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  4. I4
    S. 18 partly in force; s. 18 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  5. I5
    S. 19 partly in force; s. 19 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  6. I6
    S. 20 partly in force; s. 20 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  7. I7
    S. 21 partly in force; s. 21 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  8. I8
    S. 23 partly in force; s. 23 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  9. I9
    S. 24 partly in force; s. 24 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  10. I10
    S. 25 partly in force; s. 25 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  11. I11
    S. 26 partly in force; s. 26 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  12. I12
    S. 27 partly in force; s. 27 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  13. I13
    S. 28 partly in force; s. 28 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  14. I14
    S. 30 partly in force; s. 30 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  15. I15
    S. 32 partly in force; s. 32 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  16. I16
    S. 36 partly in force; s. 36 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  17. I17
    S. 40 partly in force; s. 40 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  18. I18
    S. 47 partly in force; s. 47 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  19. I19
    S. 49 partly in force; s. 49 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  20. I20
    S. 50 partly in force; s. 50 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  21. I21
    S. 81 partly in force; s. 81 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  22. I22
    S. 83 partly in force; s. 83 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  23. I23
    S. 84 partly in force; s. 84 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  24. I24
    S. 93 partly in force; s. 93 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  25. I25
    S. 94 partly in force; s. 94 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  26. I26
    S. 96 partly in force; s. 96 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  27. I27
    S. 97 partly in force; s. 97 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  28. I28
    S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  29. I29
    S. 100 partly in force; s. 100 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  30. I30
    S. 102 partly in force; s. 102 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  31. I31
    S. 105 partly in force; s. 105 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  32. I32
    S. 106 partly in force; s. 106 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  33. I33
    S. 112 partly in force; s. 112 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  34. I34
    S. 130 partly in force; s. 130 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  35. I35
    S. 131 partly in force; s. 131 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  36. I36
    S. 132 partly in force; s. 132 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  37. I37
    S. 133 partly in force; s. 133 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  38. I38
    S. 134 partly in force; s. 134 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  39. I39
    S. 138 partly in force; s. 138 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  40. I40
    S. 140 partly in force; s. 140 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  41. I41
    S. 145 partly in force; s. 145 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  42. I42
    S. 146 partly in force; s. 146 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  43. I43
    S. 150 partly in force; s. 150 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  44. I44
    S. 154 partly in force; s. 154 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  45. I45
    S. 156 partly in force; s. 156 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  46. I46
    S. 158 partly in force; s. 158 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  47. I47
    S. 162 partly in force; s. 162 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  48. I48
    S. 176 partly in force; s. 176 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  49. I49
    S. 177 partly in force; s. 177 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  50. I50
    S. 181 partly in force; s. 181 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  51. I51
    S. 183 partly in force; s. 183 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  52. I52
    S. 184 partly in force; s. 184 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  53. I53
    S. 185 partly in force; s. 185 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  54. I54
    S. 188 partly in force; s. 188 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  55. I55
    S. 190 partly in force; s. 190 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  56. I56
    S. 194 partly in force; s. 194 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  57. I57
    S. 200 partly in force; s. 200 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  58. I58
    S. 204 partly in force; s. 204 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  59. I59
    S. 207 partly in force; s. 207 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  60. I60
    S. 208 partly in force; s. 208 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  61. I61
    S. 211 partly in force; s. 211 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  62. I62
    S. 221 partly in force; s. 221(3) in force at Royal Assent, see s. 306(1)(b)
  63. I63
    S. 224 partly in force; s. 224 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  64. I64
    S. 230 partly in force; s. 230 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  65. I65
    S. 234 partly in force; s. 234 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  66. I66
    S. 235 partly in force; s. 235 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  67. I67
    S. 237 partly in force; s. 237 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  68. I68
    S. 238 partly in force; s. 238 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  69. I69
    S. 239 partly in force; s. 239 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  70. I70
    S. 240 partly in force; s. 240 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  71. I71
    S. 241 partly in force; s. 241 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  72. I72
    S. 242 partly in force; s. 242 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  73. I73
    S. 245 partly in force; s. 245 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  74. I74
    S. 249 partly in force; s. 249 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  75. I75
    S. 254 partly in force; s. 254 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  76. I76
    S. 255 partly in force; s. 255 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  77. I77
    S. 260 partly in force; s. 260 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  78. I78
    S. 261 partly in force; s. 261 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  79. I79
    S. 262 partly in force; s. 262 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  80. I80
    S. 267 partly in force; s. 267 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  81. I81
    S. 268 partly in force; s. 268 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  82. I82
    S. 269 partly in force; s. 269 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  83. I83
    S. 274 partly in force; s. 274 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  84. I84
    S. 285 partly in force; s. 285 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  85. I85
    S. 286 partly in force; s. 286 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  86. I86
    S. 287 partly in force; s. 287 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  87. I87
    S. 290 partly in force; s. 290 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  88. I88
    S. 291 partly in force; s. 291 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  89. I89
    S. 294 partly in force; s. 294 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  90. I90
    Sch. 1 partly in force; Sch. 1 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  91. I91
    Sch. 2 partly in force; Sch. 2 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  92. I92
    Sch. 3 partly in force; Sch. 3 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  93. I93
    Sch. 4 para. 36 partly in force; Sch. 4 para. 36 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  94. I94
    Sch. 4 para. 48 partly in force; Sch. 4 para. 48 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  95. I95
    Sch. 4 para. 66 partly in force; Sch. 4 para. 66 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  96. I96
    Sch. 4 para. 96 partly in force; Sch. 4 para. 96 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  97. I97
    Sch. 4 para. 123 partly in force; Sch. 4 para. 123 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  98. I98
    Sch. 4 para. 129 partly in force; Sch. 4 para. 129 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  99. I99
    Sch. 8 para. 8 partly in force; Sch. 8 para. 8 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  100. I100
    Sch. 8 para. 17 partly in force; Sch. 8 para. 17 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  101. I101
    Sch. 8 para. 18 partly in force; Sch. 8 para. 18 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  102. I102
    Sch. 8 para. 19 partly in force; Sch. 8 para. 19 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  103. I103
    Sch. 8 para. 20 partly in force; Sch. 8 para. 20 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  104. I104
    Sch. 16 para. 1 partly in force; Sch. 16 para. 1 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  105. I105
    Sch. 16 para. 8 partly in force; Sch. 16 para. 8 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  106. I106
    Sch. 16 para. 13 partly in force; Sch. 16 para. 13 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  107. I107
    Sch. 16 para. 14 partly in force; Sch. 16 para. 14 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  108. I108
    Sch. 16 para. 15 partly in force; Sch. 16 para. 15 in force for specified purposes at Royal Assent, see s. 306(1)(d)
  109. I109
    S. 8 in force at 1.6.2012 by S.I. 2012/1319, art. 2(2)
  110. I110
    S. 299 in force at 1.6.2012 by S.I. 2012/1319, art. 2(2)
  111. I111
    S. 39 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  112. I112
    S. 42 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  113. I113
    S. 44 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  114. I114
    S. 55(1) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  115. I115
    S. 55(3) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  116. I116
    S. 59 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  117. I117
    S. 150(5) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  118. I118
    S. 160 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  119. I119
    S. 201 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  120. I120
    S. 207(8)(10) in force at 1.7.2012 in so far as not already in force by S.I. 2012/1319, art. 2(3)
  121. I121
    S. 227 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3) (with art. 3)
  122. I122
    S. 231 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  123. I123
    S. 278 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  124. I124
    S. 283 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  125. I125
    S. 288(1)(2)(a) in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  126. I126
    S. 289(1) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  127. I127
    S. 289(2) in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  128. I128
    S. 289(3) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  129. I129
    S. 289(4)(a)(6) in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  130. I130
    S. 302 in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)
  131. I131
    Sch. 4 para. 112 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  132. I132
    Sch. 4 para. 115 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  133. I133
    Sch. 13 para. 1 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  134. I134
    Sch. 13 para. 2 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  135. I135
    Sch. 13 para. 3 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  136. I136
    Sch. 13 para. 4 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  137. I137
    Sch. 13 para. 5 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  138. I138
    Sch. 13 para. 6 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  139. I139
    Sch. 13 para. 7 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(a)
  140. I140
    Sch. 13 para. 8 in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)(d)
  141. I141
    Sch. 13 para. 9(1) in force at 1.7.2012 for specified purposes by S.I. 2012/1319, art. 2(3)(b)
  142. I142
    Sch. 13 para. 11 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(c)
  143. I143
    Sch. 13 para. 12 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(c)
  144. I144
    Sch. 13 para. 13 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(c)
  145. I145
    Sch. 13 para. 18 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(e)
  146. I146
    Sch. 13 para. 19 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)(e)
  147. I147
    Sch. 15 para. 70 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  148. I148
    Sch. 15 para. 71 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  149. I149
    Sch. 15 para. 72 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  150. I150
    Sch. 15 para. 73 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  151. I151
    Sch. 15 para. 74 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  152. I152
    Sch. 15 para. 75 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  153. I153
    Sch. 15 para. 76 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  154. I154
    Sch. 15 para. 77 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  155. I155
    Sch. 15 para. 78 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  156. I156
    Sch. 20 para. 1 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  157. I157
    Sch. 20 para. 2 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  158. I158
    Sch. 20 para. 3 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  159. I159
    Sch. 20 para. 4 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)
  160. I160
    S. 230(2)-(6) in force at 1.8.2012 in so far as not already in force by S.I. 2012/1319, art. 2(4)
  161. I161
    S. 209 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  162. I162
    S. 210 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  163. I163
    S. 211 in force at 1.8.2012 in so far as not already in force by S.I. 2012/1319, art. 2(4)
  164. I164
    S. 212(2)(3) in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  165. I165
    S. 214 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  166. I166
    S. 217 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  167. I167
    S. 218 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  168. I168
    S. 220 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  169. I169
    S. 221 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  170. I170
    S. 223(1)(2)(5)(9)(10)(14) in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  171. I171
    S. 230(1) in force at 1.8.2012 for specified purposes by S.I. 2012/1319, art. 2(4)
  172. I172
    Sch. 15 para. 1 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  173. I173
    Sch. 15 para. 2 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  174. I174
    Sch. 15 para. 3 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  175. I175
    Sch. 15 para. 4 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  176. I176
    Sch. 15 para. 5 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  177. I177
    Sch. 15 para. 6 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  178. I178
    Sch. 15 para. 7 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  179. I179
    Sch. 15 para. 8 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  180. I180
    Sch. 15 para. 9 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  181. I181
    Sch. 15 para. 10 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  182. I182
    Sch. 15 para. 11 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  183. I183
    Sch. 15 para. 12 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  184. I184
    Sch. 15 para. 13 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  185. I185
    Sch. 15 para. 14 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  186. I186
    Sch. 15 para. 15 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  187. I187
    Sch. 15 para. 16 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  188. I188
    Sch. 15 para. 17 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  189. I189
    Sch. 15 para. 18 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  190. I190
    Sch. 15 para. 19 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  191. I191
    Sch. 15 para. 20 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  192. I192
    Sch. 15 para. 21 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  193. I193
    Sch. 15 para. 22 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  194. I194
    Sch. 15 para. 23 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  195. I195
    Sch. 15 para. 24 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  196. I196
    Sch. 15 para. 25 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  197. I197
    Sch. 15 para. 26 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  198. I198
    Sch. 15 para. 27 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  199. I199
    Sch. 15 para. 28 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  200. I200
    Sch. 15 para. 29 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  201. I201
    Sch. 15 para. 30 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  202. I202
    Sch. 15 para. 31 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  203. I203
    Sch. 15 para. 32 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  204. I204
    Sch. 15 para. 33 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  205. I205
    Sch. 15 para. 34 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  206. I206
    Sch. 15 para. 35 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  207. I207
    Sch. 15 para. 36 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  208. I208
    Sch. 15 para. 37 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  209. I209
    Sch. 15 para. 38 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  210. I210
    Sch. 15 para. 39 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  211. I211
    Sch. 15 para. 40 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  212. I212
    Sch. 15 para. 41 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  213. I213
    Sch. 15 para. 42 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  214. I214
    Sch. 15 para. 43 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  215. I215
    Sch. 15 para. 44 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  216. I216
    Sch. 15 para. 45 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  217. I217
    Sch. 15 para. 46 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  218. I218
    Sch. 15 para. 47 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  219. I219
    Sch. 15 para. 48 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  220. I220
    Sch. 15 para. 49 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  221. I221
    Sch. 15 para. 50 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  222. I222
    Sch. 15 para. 51 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  223. I223
    Sch. 15 para. 52 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  224. I224
    Sch. 15 para. 53 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  225. I225
    Sch. 15 para. 54 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  226. I226
    Sch. 15 para. 55 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  227. I227
    Sch. 15 para. 56 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  228. I228
    Sch. 15 para. 57 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  229. I229
    Sch. 15 para. 58 in force at 1.8.2012 by S.I. 2012/1319, art. 2(4)
  230. I230
    S. 164(1)-(3)(6) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  231. I231
    S. 181(1)-(3) in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2) (with art. 7)
  232. I232
    S. 181(6)-(14) in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2) (with art. 7)
  233. I233
    S. 290(1)(2)(3)(a)(d)(4)-(8) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  234. I234
    Sch. 4 para. 125(4)-(6) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 11(1))
  235. I235
    S. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  236. I236
    S. 9(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 3(1))
  237. I237
    S. 9(2) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 3(3))
  238. I238
    S. 10 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  239. I239
    S. 17(13) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  240. I240
    S. 21 in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2) (with art. 12)
  241. I241
    S. 22 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  242. I242
    S. 23 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 4)
  243. I243
    S. 24 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  244. I244
    S. 25(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 5)
  245. I245
    S. 25(2) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  246. I246
    S. 26 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 6)
  247. I247
    S. 27 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  248. I248
    S. 55(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  249. I249
    S. 55(2) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  250. I250
    S. 55(3) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  251. I251
    S. 147 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  252. I252
    S. 151(1)(9) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  253. I253
    S. 154 in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2)
  254. I254
    S. 158 in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2)
  255. I255
    S. 165 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  256. I256
    S. 181(4) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 7)
  257. I257
    S. 181(5) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 7)
  258. I258
    S. 212(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  259. I259
    S. 223(3)(6) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 8)
  260. I260
    S. 281 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  261. I261
    S. 291 in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2)
  262. I262
    S. 294 in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2)
  263. I263
    S. 295 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  264. I264
    S. 296 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  265. I265
    S. 298 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  266. I266
    S. 302 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  267. I267
    Sch. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 3(2)(3))
  268. I268
    Sch. 2 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 9)
  269. I269
    Sch. 4 para. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 10) (as amended (22.10.2012) by S.I. 2012/2657, art. 15)
  270. I270
    Sch. 4 para. 6(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  271. I271
    Sch. 4 para. 7(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  272. I272
    Sch. 4 para. 13 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  273. I273
    Sch. 4 para. 18(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  274. I274
    Sch. 4 para. 18(2)(a)(d)(e)(3)(4)(a)(6)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  275. I275
    Sch. 4 para. 104(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  276. I276
    Sch. 4 para. 104(2)(3)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  277. I277
    Sch. 4 para. 110(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  278. I278
    Sch. 4 para. 110(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  279. I279
    Sch. 4 para. 111(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  280. I280
    Sch. 4 para. 111(4)(a)(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  281. I281
    Sch. 4 para. 112 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  282. I282
    Sch. 4 para. 115 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  283. I283
    Sch. 4 para. 117(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  284. I284
    Sch. 4 para. 137 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 12)
  285. I285
    Sch. 4 para. 138(2)(a)(c)(4)(5) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 13)
  286. I286
    Sch. 4 para. 139(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  287. I287
    Sch. 4 para. 139(2) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  288. I288
    Sch. 5 para. 6 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 14)
  289. I289
    Sch. 5 para. 7(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  290. I290
    Sch. 5 para. 8(a)(i)(b)(i) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  291. I291
    Sch. 5 para. 10(a)(i)(b)(i) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  292. I292
    Sch. 5 para. 11 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  293. I293
    Sch. 5 para. 12(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  294. I294
    Sch. 5 para. 12(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  295. I295
    Sch. 5 para. 20(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  296. I296
    Sch. 5 para. 21 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  297. I297
    Sch. 5 para. 22(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  298. I298
    Sch. 5 para. 23(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  299. I299
    Sch. 5 para. 44(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  300. I300
    Sch. 5 para. 67 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  301. I301
    Sch. 5 para. 68(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  302. I302
    Sch. 5 para. 72 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  303. I303
    Sch. 5 para. 74(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  304. I304
    Sch. 5 para. 75(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  305. I305
    Sch. 5 para. 76(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  306. I306
    Sch. 5 para. 96 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 11(2))
  307. I307
    Sch. 5 para. 99(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  308. I308
    Sch. 5 para. 100(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  309. I309
    Sch. 5 para. 173 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  310. I310
    Sch. 5 para. 175(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  311. I311
    Sch. 5 para. 175(3)(c) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  312. I312
    Sch. 5 para. 180 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
  313. I313
    Sch. 5 para. 182(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  314. I314
    Sch. 5 para. 184(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  315. I315
    Sch. 5 para. 147(a)(b)(i) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  316. I316
    Sch. 5 para. 5(a)(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)
  317. I317
    S. 279 in force at 31.10.2012 by S.I. 2012/1831, art. 2(3)
  318. I318
    Sch. 20 para. 5 in force at 31.10.2012 by S.I. 2012/1831, art. 2(3)
  319. I319
    Sch. 20 para. 6 in force at 31.10.2012 by S.I. 2012/1831, art. 2(3)
  320. I320
    Sch. 20 para. 7 in force at 31.10.2012 by S.I. 2012/1831, art. 2(3)
  321. I321
    Sch. 20 para. 8 in force at 31.10.2012 by S.I. 2012/1831, art. 2(3)
  322. I322
    S. 94(1)-(6) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  323. I323
    S. 94(7)-(10)(11)(b)(c) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  324. I324
    S. 108(1)-(4) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  325. I325
    S. 148(1)-(5)(6)(b)(7)-(9) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  326. I326
    S. 173(1)(3)-(8) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  327. I327
    S. 95 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2) (with art. 7)
  328. I328
    S. 96 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  329. I329
    S. 97 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  330. I330
    S. 98(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  331. I331
    S. 98(4)(7) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2) (with art. 8)
  332. I332
    S. 103(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  333. I333
    S. 104(1)(2)(a)(f)(3)(4)(a)(d) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 9)
  334. I334
    S. 144(3)(b)(6) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  335. I335
    S. 149 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  336. I336
    S. 150(1)(3) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  337. I337
    S. 150(5) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  338. I338
    S. 156(1)(2) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  339. I339
    S. 166 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 10)
  340. I340
    S. 174 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  341. I341
    S. 175 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  342. I342
    S. 176 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  343. I343
    S. 177 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  344. I344
    S. 178 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 13)
  345. I345
    Sch. 8 para. 1 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  346. I346
    Sch. 8 para. 2 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  347. I347
    Sch. 8 para. 3 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  348. I348
    Sch. 8 para. 4 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  349. I349
    Sch. 8 para. 5 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  350. I350
    Sch. 8 para. 6 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  351. I351
    Sch. 8 para. 7 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  352. I352
    Sch. 8 para. 8 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  353. I353
    Sch. 8 para. 9 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  354. I354
    Sch. 8 para. 10 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  355. I355
    Sch. 8 para. 11 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  356. I356
    Sch. 8 para. 12 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  357. I357
    Sch. 8 para. 13 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 11)
  358. I358
    Sch. 8 para. 14 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  359. I359
    Sch. 8 para. 15 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  360. I360
    Sch. 8 para. 16 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  361. I361
    Sch. 8 para. 17 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  362. I362
    Sch. 8 para. 18 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  363. I363
    Sch. 8 para. 19 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  364. I364
    Sch. 8 para. 20 in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
  365. I365
    Sch. 8 para. 21 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  366. I366
    Sch. 8 para. 22 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  367. I367
    Sch. 8 para. 23 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  368. I368
    Sch. 8 para. 24 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  369. I369
    Sch. 13 para. 8 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
  370. I370
    Sch. 13 para. 9 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
  371. I371
    Sch. 13 para. 10 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 12)
  372. I372
    S. 230(1)-(4)(6) in force at 1.12.2012 in so far as not already in force by S.I. 2012/2657, art. 2(3)
  373. I373
    S. 222 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  374. I374
    S. 226(1) in force at 1.12.2012 for specified purposes by S.I. 2012/2657, art. 2(3)
  375. I375
    S. 226(2)(b)(5) in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  376. I376
    S. 228 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  377. I377
    S. 229 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  378. I378
    Sch. 15 para. 59 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  379. I379
    Sch. 15 para. 60 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  380. I380
    Sch. 15 para. 61 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  381. I381
    Sch. 15 para. 62 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  382. I382
    Sch. 15 para. 63 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  383. I383
    Sch. 15 para. 64 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  384. I384
    Sch. 15 para. 65 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  385. I385
    Sch. 15 para. 66 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  386. I386
    Sch. 15 para. 67 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  387. I387
    Sch. 15 para. 68 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  388. I388
    Sch. 15 para. 69 in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)
  389. I389
    S. 13(2)-(5) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  390. I390
    S. 40(1)-(4)(8) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  391. I391
    Sch. 21 para. 2(3)(a)-(c)(e)(h) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  392. I392
    Sch. 21 para. 43(2)(c)-(e)(3) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4) (with art. 14)
  393. I393
    S. 9 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  394. I394
    S. 10 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  395. I395
    S. 13(1) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  396. I396
    S. 13(8) in force at 1.2.2013 in so far as not already in force by S.I. 2012/2657, art. 2(4)
  397. I397
    S. 14 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  398. I398
    S. 15 in force at 1.2.2013 in so far as not already in force by S.I. 2012/2657, art. 2(4)
  399. I399
    S. 17(10) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  400. I400
    S. 20 in force at 1.2.2013 in so far as not already in force by S.I. 2012/2657, art. 2(4)
  401. I401
    S. 23 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  402. I402
    S. 26 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  403. I403
    S. 55(1) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  404. I404
    S. 297 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  405. I405
    Sch. 4 para. 2(1) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  406. I406
    Sch. 4 para. 2(3) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  407. I407
    Sch. 4 para. 9 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  408. I408
    Sch. 21 para. 1 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  409. I409
    Sch. 21 para. 5 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  410. I410
    Sch. 21 para. 6 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  411. I411
    Sch. 21 para. 12 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  412. I412
    Sch. 21 para. 18 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  413. I413
    Sch. 21 para. 19 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  414. I414
    Sch. 21 para. 20 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  415. I415
    Sch. 21 para. 21 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  416. I416
    Sch. 21 para. 33 in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  417. I417
    Sch. 21 para. 38(1)(a)(b)(2) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4) (with art. 13)
  418. I418
    Sch. 21 para. 43(1) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  419. I419
    Sch. 21 para. 43(2)(b) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)
  420. I420
    Sch. 21 para. 13(c)-(f) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)
  421. I421
    S. 26 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  422. I422
    Sch. 5 para. 12(2)(b)(c)(3)-(5) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  423. I423
    S. 17(1)-(9)(11)(12) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  424. I424
    S. 159(1)-(3)(5)-(9) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  425. I425
    S. 163(3)-(6) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  426. I426
    S. 163(2)(7)-(9) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  427. I427
    S. 172(1)-(3)(5)(a) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  428. I428
    S. 172(4)(5)(b)(6)-(12) in force at 1.4.2013 immediately before the coming into force of section 173 in accordance with art. 2(3) by S.I. 2013/671, art. 2(2)
  429. I429
    Sch. 4 para. 139(3)-(5) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  430. I430
    S. 151(2)-(6)(8) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  431. I431
    Sch. 5 para. 175(2)(3)(a)(b)(4)-(6) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  432. I432
    S. 35(1)-(5)(7)-(14) in force at 1.4.2013 for E. by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  433. I433
    S. 108(1)-(4) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  434. I434
    S. 91(1)(b)(2)-(4) in force at 1.4.2013 by S.I. 2013/671, art. 2(3) (with art. 4)
  435. I435
    S. 95(1)(a)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3) (with art. 5)
  436. I436
    S. 106(1)(b)(c)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  437. I437
    S. 190(1)-(8)(10) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  438. I438
    S. 207(1)-(7)(9)(11)(12) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  439. I439
    Sch. 4 para. 125(1)-(3) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 4, 5, 7-9)
  440. C1
    S. 197(6) modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))
  441. C2
    S. 199(4) modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))
  442. C3
    S. 290(1)(2) modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4))
  443. C4
    S. 291(2)(d) modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))
  444. C5
    S. 199(4) modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))
  445. C6
    S. 291(2)(d) modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))
  446. I440
    S. 1 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  447. I441
    S. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  448. I442
    S. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  449. I443
    S. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  450. I444
    S. 6 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  451. I445
    S. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  452. I446
    S. 9 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  453. I447
    S. 10 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  454. I448
    S. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  455. I449
    S. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  456. I450
    S. 13 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  457. I451
    S. 14 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  458. I452
    S. 16 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  459. I453
    S. 17(10)(13) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  460. I454
    S. 18 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  461. I455
    S. 19 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  462. I456
    S. 22 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  463. I457
    S. 23 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  464. I458
    S. 24 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  465. I459
    S. 25 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  466. I460
    S. 27 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  467. I461
    S. 28 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  468. I462
    S. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  469. I463
    S. 30 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  470. I464
    S. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  471. I465
    S. 32 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  472. I466
    S. 33 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  473. I467
    S. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  474. I468
    S. 36 in force at 1.4.2013 for E. by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  475. I469
    S. 37 in force at 1.4.2013 for E. by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  476. I470
    S. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  477. I471
    S. 40 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  478. I472
    S. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  479. I473
    S. 43 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  480. I474
    S. 45 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  481. I475
    S. 46 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  482. I476
    S. 47 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  483. I477
    S. 49 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  484. I478
    S. 50 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  485. I479
    S. 51 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  486. I480
    S. 52 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  487. I481
    S. 53 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  488. I482
    S. 55(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  489. I483
    S. 55(2) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  490. I484
    S. 56 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7, 8(2), 9)
  491. I485
    S. 57 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  492. I486
    S. 58 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  493. I487
    S. 60 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  494. I488
    S. 74(7) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  495. I489
    S. 81 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  496. I490
    S. 82 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  497. I491
    S. 85 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  498. I492
    S. 86 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  499. I493
    S. 87 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  500. I494
    S. 88 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  501. I495
    S. 89 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  502. I496
    S. 90(1)(b)(2)(3) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  503. I497
    S. 92(1)(b)(2)(3) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  504. I498
    S. 93 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  505. I499
    S. 94 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  506. I500
    S. 97 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  507. I501
    S. 98 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  508. I502
    S. 99 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  509. I503
    S. 102 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  510. I504
    S. 103 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  511. I505
    S. 104(2)(b)(4)(c) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  512. I506
    S. 104(2)(e) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  513. I507
    S. 105(1)(b)(c)(2)(b)(c)(3) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  514. I508
    S. 108(5) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  515. I509
    S. 109 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  516. I510
    S. 110 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  517. I511
    S. 111 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  518. I512
    S. 112 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  519. I513
    S. 113 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  520. I514
    S. 114 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  521. I515
    S. 147 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  522. I516
    S. 148(6)(a) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  523. I517
    S. 150(5) in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  524. I518
    S. 152 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  525. I519
    S. 153 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  526. I520
    S. 156(5)(6) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
  527. I521
    S. 157 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  528. I522
    S. 161 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  529. I523
    S. 162 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  530. I524
    S. 163(1) in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  531. I525
    S. 164(4)(5) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  532. I526
    S. 167 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  533. I527
    S. 168 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  534. I528
    S. 169 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  535. I529
    S. 170 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  536. I530
    S. 171 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  537. I531
    S. 173(2) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  538. I532
    S. 181(4)(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  539. I533
    S. 182 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  540. I534
    S. 183 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  541. I535
    S. 184 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  542. I536
    S. 185 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  543. I537
    S. 186 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  544. I538
    S. 187 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  545. I539
    S. 188 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  546. I540
    S. 189 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  547. I541
    S. 191 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  548. I542
    S. 192 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  549. I543
    S. 193 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  550. I544
    S. 194 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  551. I545
    S. 195 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  552. I546
    S. 196 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  553. I547
    S. 197 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  554. I548
    S. 198 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  555. I549
    S. 199 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  556. I550
    S. 200 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  557. I551
    S. 202 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  558. I552
    S. 203 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  559. I553
    S. 204 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  560. I554
    S. 205 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  561. I555
    S. 206 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  562. I556
    S. 207 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  563. I557
    S. 232 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  564. I558
    S. 233 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  565. I559
    S. 234 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  566. I560
    S. 235 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  567. I561
    S. 236 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  568. I562
    S. 237 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  569. I563
    S. 238 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  570. I564
    S. 239 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  571. I565
    S. 240 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  572. I566
    S. 241 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  573. I567
    S. 242 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  574. I568
    S. 243 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  575. I569
    S. 244 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  576. I570
    S. 245 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  577. I571
    S. 246 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  578. I572
    S. 247 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  579. I573
    S. 248 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  580. I574
    S. 249 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  581. I575
    S. 250 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  582. I576
    S. 253 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  583. I577
    S. 254 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  584. I578
    S. 255 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  585. I579
    S. 256 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  586. I580
    S. 257 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  587. I581
    S. 258 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  588. I582
    S. 259 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  589. I583
    S. 260 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  590. I584
    S. 261 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  591. I585
    S. 262 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  592. I586
    S. 263 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  593. I587
    S. 264 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  594. I588
    S. 265 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  595. I589
    S. 266 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  596. I590
    S. 267 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  597. I591
    S. 268 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  598. I592
    S. 269 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  599. I593
    S. 270 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  600. I594
    S. 274 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  601. I595
    S. 275 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  602. I596
    S. 276 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  603. I597
    S. 277 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  604. I598
    S. 280 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  605. I599
    S. 282 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  606. I600
    S. 284 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  607. I601
    S. 285 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  608. I602
    S. 286 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  609. I603
    S. 287 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  610. I604
    S. 288(2)(b)(3)(4) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  611. I605
    S. 289(1) in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  612. I606
    S. 289(4)(b)(5) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  613. I607
    S. 290(3)(b)(c) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  614. I608
    S. 292 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  615. I609
    S. 293 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  616. I610
    S. 295 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  617. I611
    S. 296 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  618. I612
    S. 297 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  619. I613
    S. 302 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  620. I614
    Sch. 1 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  621. I615
    Sch. 2 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  622. I616
    Sch. 3 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  623. I617
    Sch. 4 para. 1 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  624. I618
    Sch. 4 para. 2(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  625. I619
    Sch. 4 para. 2(2)(4) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  626. I620
    Sch. 4 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  627. I621
    Sch. 4 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  628. I622
    Sch. 4 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  629. I623
    Sch. 4 para. 6(1)(2)(b)(2)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  630. I624
    Sch. 4 para. 8 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  631. I625
    Sch. 4 para. 9 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  632. I626
    Sch. 4 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  633. I627
    Sch. 4 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  634. I628
    Sch. 4 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  635. I629
    Sch. 4 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  636. I630
    Sch. 4 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  637. I631
    Sch. 4 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  638. I632
    Sch. 4 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  639. I633
    Sch. 4 para. 18(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  640. I634
    Sch. 4 para. 18(2)(b)(c)(4)(b)(c)(5)(6)(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  641. I635
    Sch. 4 para. 19 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  642. I636
    Sch. 4 para. 20 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  643. I637
    Sch. 4 para. 21 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  644. I638
    Sch. 4 para. 22 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  645. I639
    Sch. 4 para. 23 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  646. I640
    Sch. 4 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  647. I641
    Sch. 4 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  648. I642
    Sch. 4 para. 26 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  649. I643
    Sch. 4 para. 27 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  650. I644
    Sch. 4 para. 28 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  651. I645
    Sch. 4 para. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  652. I646
    Sch. 4 para. 30 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  653. I647
    Sch. 4 para. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  654. I648
    Sch. 4 para. 32 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  655. I649
    Sch. 4 para. 33 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  656. I650
    Sch. 4 para. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  657. I651
    Sch. 4 para. 35 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  658. I652
    Sch. 4 para. 36 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  659. I653
    Sch. 4 para. 37 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  660. I654
    Sch. 4 para. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  661. I655
    Sch. 4 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  662. I656
    Sch. 4 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  663. I657
    Sch. 4 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  664. I658
    Sch. 4 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  665. I659
    Sch. 4 para. 43 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  666. I660
    Sch. 4 para. 44 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  667. I661
    Sch. 4 para. 45 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  668. I662
    Sch. 4 para. 46 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  669. I663
    Sch. 4 para. 47 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  670. I664
    Sch. 4 para. 48 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  671. I665
    Sch. 4 para. 49 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  672. I666
    Sch. 4 para. 50 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  673. I667
    Sch. 4 para. 51 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  674. I668
    Sch. 4 para. 52 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  675. I669
    Sch. 4 para. 53 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  676. I670
    Sch. 4 para. 54 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  677. I671
    Sch. 4 para. 55 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  678. I672
    Sch. 4 para. 56 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  679. I673
    Sch. 4 para. 57 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  680. I674
    Sch. 4 para. 58 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  681. I675
    Sch. 4 para. 59 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  682. I676
    Sch. 4 para. 60 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  683. I677
    Sch. 4 para. 61 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  684. I678
    Sch. 4 para. 62 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  685. I679
    Sch. 4 para. 63 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  686. I680
    Sch. 4 para. 64 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  687. I681
    Sch. 4 para. 65 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  688. I682
    Sch. 4 para. 66 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  689. I683
    Sch. 4 para. 67 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  690. I684
    Sch. 4 para. 68 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  691. I685
    Sch. 4 para. 69 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  692. I686
    Sch. 4 para. 70 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  693. I687
    Sch. 4 para. 71 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  694. I688
    Sch. 4 para. 72 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  695. I689
    Sch. 4 para. 73 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  696. I690
    Sch. 4 para. 74 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  697. I691
    Sch. 4 para. 75 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  698. I692
    Sch. 4 para. 76 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  699. I693
    Sch. 4 para. 77 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  700. I694
    Sch. 4 para. 78 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  701. I695
    Sch. 4 para. 79 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  702. I696
    Sch. 4 para. 80 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  703. I697
    Sch. 4 para. 81 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  704. I698
    Sch. 4 para. 82 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  705. I699
    Sch. 4 para. 83 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  706. I700
    Sch. 4 para. 84 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  707. I701
    Sch. 4 para. 85 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  708. I702
    Sch. 4 para. 86 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  709. I703
    Sch. 4 para. 87 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  710. I704
    Sch. 4 para. 88 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  711. I705
    Sch. 4 para. 89 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  712. I706
    Sch. 4 para. 90 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  713. I707
    Sch. 4 para. 91 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  714. I708
    Sch. 4 para. 92 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  715. I709
    Sch. 4 para. 93 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  716. I710
    Sch. 4 para. 94 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  717. I711
    Sch. 4 para. 95 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  718. I712
    Sch. 4 para. 96 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  719. I713
    Sch. 4 para. 97 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  720. I714
    Sch. 4 para. 98 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  721. I715
    Sch. 4 para. 99 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  722. I716
    Sch. 4 para. 100 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  723. I717
    Sch. 4 para. 101 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  724. I718
    Sch. 4 para. 102 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  725. I719
    Sch. 4 para. 103 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  726. I720
    Sch. 4 para. 104(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  727. I721
    Sch. 4 para. 104(2)(3)(b)(c)(4) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  728. I722
    Sch. 4 para. 105 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  729. I723
    Sch. 4 para. 106 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  730. I724
    Sch. 4 para. 107 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  731. I725
    Sch. 4 para. 108 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  732. I726
    Sch. 4 para. 109(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  733. I727
    Sch. 4 para. 110(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  734. I728
    Sch. 4 para. 110(2)(b)(3)(b) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  735. I729
    Sch. 4 para. 111(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  736. I730
    Sch. 4 para. 111(2)(3)(b)(4)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  737. I731
    Sch. 4 para. 114 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  738. I732
    Sch. 4 para. 116 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  739. I733
    Sch. 4 para. 117(2) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  740. I734
    Sch. 4 para. 118 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  741. I735
    Sch. 4 para. 119 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  742. I736
    Sch. 4 para. 120 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  743. I737
    Sch. 4 para. 121 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  744. I738
    Sch. 4 para. 122 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  745. I739
    Sch. 4 para. 123 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  746. I740
    Sch. 4 para. 124 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  747. I741
    Sch. 4 para. 126 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  748. I742
    Sch. 4 para. 127 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  749. I743
    Sch. 4 para. 128 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  750. I744
    Sch. 4 para. 129 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  751. I745
    Sch. 4 para. 130 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  752. I746
    Sch. 4 para. 131 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  753. I747
    Sch. 4 para. 132 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  754. I748
    Sch. 4 para. 133 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  755. I749
    Sch. 4 para. 134 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  756. I750
    Sch. 4 para. 135 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  757. I751
    Sch. 4 para. 136 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  758. I752
    Sch. 4 para. 138(1) (2)(b) (3) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  759. I753
    Sch. 4 para. 139(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  760. I754
    Sch. 5 para. 1 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  761. I755
    Sch. 5 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  762. I756
    Sch. 5 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  763. I757
    Sch. 5 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  764. I758
    Sch. 5 para. 8(a)(i)(b)(i) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 2)
  765. I759
    Sch. 5 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  766. I760
    Sch. 5 para. 11 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  767. I761
    Sch. 5 para. 12(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  768. I762
    Sch. 5 para. 13 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  769. I763
    Sch. 5 para. 14(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  770. I764
    Sch. 5 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  771. I765
    Sch. 5 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  772. I766
    Sch. 5 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  773. I767
    Sch. 5 para. 18 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  774. I768
    Sch. 5 para. 19 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  775. I769
    Sch. 5 para. 21 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  776. I770
    Sch. 5 para. 22(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  777. I771
    Sch. 5 para. 23(a) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  778. I772
    Sch. 5 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  779. I773
    Sch. 5 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  780. I774
    Sch. 5 para. 26 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  781. I775
    Sch. 5 para. 27 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  782. I776
    Sch. 5 para. 28 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  783. I777
    Sch. 5 para. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  784. I778
    Sch. 5 para. 30 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 3)
  785. I779
    Sch. 5 para. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  786. I780
    Sch. 5 para. 32 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  787. I781
    Sch. 5 para. 33 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  788. I782
    Sch. 5 para. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  789. I783
    Sch. 5 para. 35 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  790. I784
    Sch. 5 para. 36 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  791. I785
    Sch. 5 para. 37 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  792. I786
    Sch. 5 para. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  793. I787
    Sch. 5 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  794. I788
    Sch. 5 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  795. I789
    Sch. 5 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  796. I790
    Sch. 5 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  797. I791
    Sch. 5 para. 43 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  798. I792
    Sch. 5 para. 44(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  799. I793
    Sch. 5 para. 45 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  800. I794
    Sch. 5 para. 46 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  801. I795
    Sch. 5 para. 47 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  802. I796
    Sch. 5 para. 48 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  803. I797
    Sch. 5 para. 49 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 4)
  804. I798
    Sch. 5 para. 51 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  805. I799
    Sch. 5 para. 52 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  806. I800
    Sch. 5 para. 53 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  807. I801
    Sch. 5 para. 54 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  808. I802
    Sch. 5 para. 55 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 4)
  809. I803
    Sch. 5 para. 56 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  810. I804
    Sch. 5 para. 57 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  811. I805
    Sch. 5 para. 58 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  812. I806
    Sch. 5 para. 59 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  813. I807
    Sch. 5 para. 60 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  814. I808
    Sch. 5 para. 61 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  815. I809
    Sch. 5 para. 62 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  816. I810
    Sch. 5 para. 63 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 5)
  817. I811
    Sch. 5 para. 64 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  818. I812
    Sch. 5 para. 65 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  819. I813
    Sch. 5 para. 66 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  820. I814
    Sch. 5 para. 67 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  821. I815
    Sch. 5 para. 69 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)
  822. I816
    Sch. 5 para. 70 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)
  823. I817
    Sch. 5 para. 71 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  824. I818
    Sch. 5 para. 72 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  825. I819
    Sch. 5 para. 73 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  826. I820
    Sch. 5 para. 74(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  827. I821
    Sch. 5 para. 77 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  828. I822
    Sch. 5 para. 78 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  829. I823
    Sch. 5 para. 79 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  830. I824
    Sch. 5 para. 80 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  831. I825
    Sch. 5 para. 81 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  832. I826
    Sch. 5 para. 82 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  833. I827
    Sch. 5 para. 83 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  834. I828
    Sch. 5 para. 84 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  835. I829
    Sch. 5 para. 85 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  836. I830
    Sch. 5 para. 86 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  837. I831
    Sch. 5 para. 87 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  838. I832
    Sch. 5 para. 88 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  839. I833
    Sch. 5 para. 89 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  840. I834
    Sch. 5 para. 90 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  841. I835
    Sch. 5 para. 91 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  842. I836
    Sch. 5 para. 92 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  843. I837
    Sch. 5 para. 93 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  844. I838
    Sch. 5 para. 94 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  845. I839
    Sch. 5 para. 95 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  846. I840
    Sch. 5 para. 97 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  847. I841
    Sch. 5 para. 101 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  848. I842
    Sch. 5 para. 102 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  849. I843
    Sch. 5 para. 103 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  850. I844
    Sch. 5 para. 104 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  851. I845
    Sch. 5 para. 105 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  852. I846
    Sch. 5 para. 106 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  853. I847
    Sch. 5 para. 107 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  854. I848
    Sch. 5 para. 108 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  855. I849
    Sch. 5 para. 109 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  856. I850
    Sch. 5 para. 110 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  857. I851
    Sch. 5 para. 111 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  858. I852
    Sch. 5 para. 112 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  859. I853
    Sch. 5 para. 113 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  860. I854
    Sch. 5 para. 114 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  861. I855
    Sch. 5 para. 115 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  862. I856
    Sch. 5 para. 116 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  863. I857
    Sch. 5 para. 117 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  864. I858
    Sch. 5 para. 118 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  865. I859
    Sch. 5 para. 119 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  866. I860
    Sch. 5 para. 120 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  867. I861
    Sch. 5 para. 121 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  868. I862
    Sch. 5 para. 122 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  869. I863
    Sch. 5 para. 123 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  870. I864
    Sch. 5 para. 124 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  871. I865
    Sch. 5 para. 125 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  872. I866
    Sch. 5 para. 126 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  873. I867
    Sch. 5 para. 127 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  874. I868
    Sch. 5 para. 128 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  875. I869
    Sch. 5 para. 129 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  876. I870
    Sch. 5 para. 130 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  877. I871
    Sch. 5 para. 131 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  878. I872
    Sch. 5 para. 132 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  879. I873
    Sch. 5 para. 133 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  880. I874
    Sch. 5 para. 134 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  881. I875
    Sch. 5 para. 135 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  882. I876
    Sch. 5 para. 136 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  883. I877
    Sch. 5 para. 137 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  884. I878
    Sch. 5 para. 138 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  885. I879
    Sch. 5 para. 139 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  886. I880
    Sch. 5 para. 140 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  887. I881
    Sch. 5 para. 141 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  888. I882
    Sch. 5 para. 142 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  889. I883
    Sch. 5 para. 143 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  890. I884
    Sch. 5 para. 144 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  891. I885
    Sch. 5 para. 145 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  892. I886
    Sch. 5 para. 146 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  893. I887
    Sch. 5 para. 148 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  894. I888
    Sch. 5 para. 149 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  895. I889
    Sch. 5 para. 150 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  896. I890
    Sch. 5 para. 151 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  897. I891
    Sch. 5 para. 152 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  898. I892
    Sch. 5 para. 153 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  899. I893
    Sch. 5 para. 154 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  900. I894
    Sch. 5 para. 155 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  901. I895
    Sch. 5 para. 156 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  902. I896
    Sch. 5 para. 158 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  903. I897
    Sch. 5 para. 160 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  904. I898
    Sch. 5 para. 161 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  905. I899
    Sch. 5 para. 162 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  906. I900
    Sch. 5 para. 165 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  907. I901
    Sch. 5 para. 166 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  908. I902
    Sch. 5 para. 167 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  909. I903
    Sch. 5 para. 168 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  910. I904
    Sch. 5 para. 169 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  911. I905
    Sch. 5 para. 170 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  912. I906
    Sch. 5 para. 171 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  913. I907
    Sch. 5 para. 173 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  914. I908
    Sch. 5 para. 174 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  915. I909
    Sch. 5 para. 175(1)(3)(c) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  916. I910
    Sch. 5 para. 176 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  917. I911
    Sch. 5 para. 177 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  918. I912
    Sch. 5 para. 178 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  919. I913
    Sch. 5 para. 179 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  920. I914
    Sch. 5 para. 180 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  921. I915
    Sch. 5 para. 181 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  922. I916
    Sch. 5 para. 183 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  923. I917
    Sch. 7 para. 1 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  924. I918
    Sch. 7 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  925. I919
    Sch. 7 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  926. I920
    Sch. 7 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  927. I921
    Sch. 7 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  928. I922
    Sch. 7 para. 6 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  929. I923
    Sch. 7 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  930. I924
    Sch. 7 para. 8 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  931. I925
    Sch. 7 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  932. I926
    Sch. 7 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  933. I927
    Sch. 7 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  934. I928
    Sch. 7 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  935. I929
    Sch. 7 para. 13 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  936. I930
    Sch. 7 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  937. I931
    Sch. 7 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  938. I932
    Sch. 7 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  939. I933
    Sch. 7 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  940. I934
    Sch. 7 para. 18 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  941. I935
    Sch. 7 para. 19 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  942. I936
    Sch. 7 para. 20 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  943. I937
    Sch. 7 para. 21 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  944. I938
    Sch. 7 para. 22 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  945. I939
    Sch. 7 para. 23 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  946. I940
    Sch. 7 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  947. I941
    Sch. 7 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  948. I942
    Sch. 11 para. 1 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  949. I943
    Sch. 11 para. 2(1)(2)(3)(a)(b)(d)(e) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  950. I944
    Sch. 11 para. 3(1)(2)(a)(b)(d)(e) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  951. I945
    Sch. 11 para. 5 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  952. I946
    Sch. 11 para. 6 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  953. I947
    Sch. 11 para. 7(1)(2)(b) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  954. I948
    Sch. 11 para. 8(b) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  955. I949
    Sch. 11 para. 9 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  956. I950
    Sch. 11 para. 10 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  957. I951
    Sch. 11 para. 11 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  958. I952
    Sch. 11 para. 12 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  959. I953
    Sch. 11 para. 13 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  960. I954
    Sch. 11 para. 14 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  961. I955
    Sch. 13 para. 8 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  962. I956
    Sch. 13 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  963. I957
    Sch. 13 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  964. I958
    Sch. 13 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  965. I959
    Sch. 13 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  966. I960
    Sch. 16 para. 1 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  967. I961
    Sch. 16 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  968. I962
    Sch. 16 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  969. I963
    Sch. 16 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  970. I964
    Sch. 16 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  971. I965
    Sch. 16 para. 6 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  972. I966
    Sch. 16 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  973. I967
    Sch. 16 para. 8 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  974. I968
    Sch. 16 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  975. I969
    Sch. 16 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  976. I970
    Sch. 16 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  977. I971
    Sch. 16 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  978. I972
    Sch. 16 para. 13 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  979. I973
    Sch. 16 para. 14 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  980. I974
    Sch. 16 para. 15 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  981. I975
    Sch. 16 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  982. I976
    Sch. 16 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  983. I977
    Sch. 17 para. 1 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  984. I978
    Sch. 17 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  985. I979
    Sch. 17 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  986. I980
    Sch. 17 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  987. I981
    Sch. 17 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  988. I982
    Sch. 17 para. 6 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  989. I983
    Sch. 17 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  990. I984
    Sch. 17 para. 8 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  991. I985
    Sch. 17 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  992. I986
    Sch. 17 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  993. I987
    Sch. 17 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  994. I988
    Sch. 17 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  995. I989
    Sch. 17 para. 13 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  996. I990
    Sch. 17 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  997. I991
    Sch. 19 para. 1 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  998. I992
    Sch. 19 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  999. I993
    Sch. 19 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1000. I994
    Sch. 19 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1001. I995
    Sch. 19 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1002. I996
    Sch. 19 para. 6 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1003. I997
    Sch. 19 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1004. I998
    Sch. 19 para. 8 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1005. I999
    Sch. 19 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1006. I1000
    Sch. 19 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1007. I1001
    Sch. 19 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1008. I1002
    Sch. 19 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1009. I1003
    Sch. 19 para. 13 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1010. I1004
    Sch. 20 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1011. I1005
    Sch. 20 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1012. I1006
    Sch. 20 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1013. I1007
    Sch. 20 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1014. I1008
    Sch. 21 para. 1 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1015. I1009
    Sch. 21 para. 2(2)(3)(d)(g)(i)(j)(4) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1016. I1010
    Sch. 21 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1017. I1011
    Sch. 21 para. 5 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1018. I1012
    Sch. 21 para. 7 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1019. I1013
    Sch. 21 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1020. I1014
    Sch. 21 para. 12 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1021. I1015
    Sch. 21 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1022. I1016
    Sch. 21 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1023. I1017
    Sch. 21 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1024. I1018
    Sch. 21 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1025. I1019
    Sch. 21 para. 22 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1026. I1020
    Sch. 21 para. 23 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1027. I1021
    Sch. 21 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1028. I1022
    Sch. 21 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1029. I1023
    Sch. 21 para. 26 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1030. I1024
    Sch. 21 para. 27 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1031. I1025
    Sch. 21 para. 28 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1032. I1026
    Sch. 21 para. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1033. I1027
    Sch. 21 para. 30 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1034. I1028
    Sch. 21 para. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1035. I1029
    Sch. 21 para. 32 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1036. I1030
    Sch. 21 para. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1037. I1031
    Sch. 21 para. 35 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1038. I1032
    Sch. 21 para. 36 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1039. I1033
    Sch. 21 para. 37 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1040. I1034
    Sch. 21 para. 38(1)(c)(d) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1041. I1035
    Sch. 21 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1042. I1036
    Sch. 21 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1043. I1037
    Sch. 21 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1044. I1038
    Sch. 21 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1045. I1039
    Sch. 21 para. 43(1) in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1046. I1040
    Sch. 21 para. 43(2)(a)(i)(ii)(f) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1047. F1
    Word in s. 87(4)(a) inserted (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 114(1)(c), 306(4); S.I. 2013/671, art. 2(3)
  1048. F2
    Words in s. 145(3)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 137 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  1049. I1041
    Sch. 11 para. 4(a)(c) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
  1050. I1042
    Sch. 21 para. 13(a)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1051. I1043
    Sch. 21 para. 4(a)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 3, 7-9)
  1052. I1044
    Sch. 4 para. 113(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1053. I1045
    Sch. 5 para. 10(a)(ii)(iii)(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1054. I1046
    Sch. 5 para. 100(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1055. I1047
    Sch. 5 para. 147(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1056. I1048
    Sch. 5 para. 182(b)-(d) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1057. I1049
    Sch. 4 para. 7(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1058. I1050
    Sch. 5 para. 5(b)(d) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1059. I1051
    Sch. 5 para. 184(a)(b)(d) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 6)
  1060. I1052
    Sch. 5 para. 20(a)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1061. I1053
    Sch. 5 para. 68(a)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)
  1062. I1054
    Sch. 5 para. 7(a)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1063. I1055
    Sch. 5 para. 75(b)-(e) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1064. I1056
    Sch. 5 para. 76(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1065. I1057
    Sch. 5 para. 8(a)(ii)(iii)(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 2)
  1066. I1058
    Sch. 5 para. 99(a)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1067. I1059
    S. 95(1)(b)(6) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1068. I1060
    S. 96(1)(c) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1069. I1061
    S. 100 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1070. I1062
    S. 103 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1071. I1063
    S. 105(2)(a)(4)(5) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1072. I1064
    S. 107 in force at 1.7.2013 for specified purposes by S.I. 2013/671, art. 2(3)
  1073. I1065
    S. 107 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
  1074. I1066
    Sch. 11 para. 2(3)(c)(4)(5) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
  1075. I1067
    Sch. 11 para. 3(2)(c) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
  1076. I1068
    Sch. 11 para. 4(b) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
  1077. I1069
    Sch. 11 para. 7(2)(a) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
  1078. I1070
    Sch. 11 para. 8(a) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
  1079. I1071
    S. 85 in force at 1.1.2014 by S.I. 2013/2896, art. 2(1)(3)
  1080. I1072
    S. 86 in force at 1.1.2014 by S.I. 2013/2896, art. 2(1)(3)
  1081. I1073
    S. 96(1)(a)(b)(2)-(5) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1082. I1074
    S. 81 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1083. I1075
    S. 83 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1084. I1076
    S. 84 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1085. I1077
    S. 87 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1086. I1078
    S. 90(1)(a) in force at 1.4.2014 by S.I. 2014/39, art. 2(3)
  1087. I1079
    S. 91(1)(a) in force at 1.4.2014 by S.I. 2014/39, art. 2(3)
  1088. I1080
    S. 92(1)(a) in force at 1.4.2014 by S.I. 2014/39, art. 2(3)
  1089. I1081
    S. 104(2)(c)(d) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1090. I1082
    S. 105(1)(a) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1091. I1083
    S. 106(1)(a) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1092. I1084
    S. 288(2)(c) in force at 1.4.2014 by S.I. 2014/39, art. 2(3)
  1093. I1085
    S. 289 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
  1094. F3
    Word in s. 101 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 128(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1095. F4
    Word in Sch. 12 para. 3 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1096. F5
    S. 58(6)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 103; S.I. 2014/251, art. 4
  1097. F6
    Word in s. 80 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 192(4) (with art. 3)
  1098. F7
    Word in s. 97(1)(d) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 193 (with art. 3)
  1099. F8
    Word in s. 102(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 129; S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1100. F9
    Words in s. 102(4)(c) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 194 (with art. 3)
  1101. F10
    Word in s. 103(3)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 130(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1102. F11
    Word in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1103. F12
    Words in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1104. F13
    Words in s. 149(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1105. F14
    Words in s. 150(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 137; S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1106. F15
    Sch. 8 para. 11(2A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 49; S.I. 2014/416, art. 2(1)(f) (with Sch.)
  1107. I1086
    S. 226(2)(a) in force at 9.6.2014 by S.I. 2014/1454, art. 2
  1108. F16
    S. 253(1)(ca) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(2), 127(1); S.I. 2014/1714, art. 3(2)(d)
  1109. F17
    S. 261(1A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(3), 127(1); S.I. 2014/1714, art. 3(2)(d)
  1110. F18
    S. 293(2) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(e), 127(1); S.I. 2014/1714, art. 4
  1111. F19
    S. 293(3) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(10), 127(1); S.I. 2014/2473, art. 3(e)
  1112. F20
    S. 293(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(e), 127(1); S.I. 2014/1714, art. 4
  1113. F21
    S. 293(4) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(10), 127(1); S.I. 2014/2473, art. 3(e)
  1114. F22
    Sch. 5 para. 157 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
  1115. F23
    Sch. 5 para. 159 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
  1116. F24
    Sch. 5 para. 163 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
  1117. F25
    Sch. 5 para. 164 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
  1118. C7
    S. 290 excluded (1.1.2015) by Care Act 2014 (c. 23), ss. 111(9), 127(1); S.I. 2014/2473, art. 5(c)
  1119. F26
    S. 262A inserted (1.1.2015) by Care Act 2014 (c. 23), ss. 122(4), 127(1); S.I. 2014/2473, art. 5(l)
  1120. I1087
    S. 224 in force at 16.3.2015 in so far as not already in force by S.I. 2015/409, art. 2
  1121. I1088
    S. 225 in force at 16.3.2015 by S.I. 2015/409, art. 2
  1122. F27
    Sch. 5 para. 172 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 102(2)(c), 115(3)(k)
  1123. F28
    Pt. 9 Ch. 1A inserted (25.6.2015) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), ss. 2, 6(4); S.I. 2015/1438, reg. 2(a)
  1124. F29
    S. 251C inserted (25.6.2015) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), ss. 4, 6(4); S.I. 2015/1438, reg. 2(b) (with reg. 4)
  1125. C8
    S. 251C modified (temp.) (25.6.2015) by The Health and Social Care (Safety and Quality) Act 2015 (Commencement No. 1 and Transitory Provision) Regulations 2015 (S.I. 2015/1438), reg. 4
  1126. F30
    S. 251B inserted (1.10.2015) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), ss. 3, 6(4); S.I. 2015/1438, reg. 3(b)
  1127. I1089
    S. 223(4) in force at 1.2.2016 by S.I. 2016/81, art. 2
  1128. F31
    Sch. 5 para. 50 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 286
  1129. F32
    Words in s. 250(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 172 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  1130. F33
    S. 251A(9) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 173(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  1131. F34
    Words in s. 251A(7)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 173(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  1132. F35
    S. 251B(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 174(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  1133. F36
    Words in s. 251B(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 174(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  1134. I1090
    S. 223(7)(8)(11)-(13) in force at 4.6.2018 by S.I. 2018/617, art. 2(a)
  1135. I1091
    S. 226(3)(4)(6)-(9) in force at 4.6.2018 by S.I. 2018/617, art. 2(b) (with art. 3)
  1136. I1092
    S. 226(1) in force at 4.6.2018 in so far as not already in force by S.I. 2018/617, art. 2(b) (with art. 3)
  1137. F37
    Sch. 5 para. 98 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))
  1138. F38
    S. 213 omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 38; S.I. 2019/1436, reg. 2(s)
  1139. F39
    S. 215 omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 38; S.I. 2019/1436, reg. 2(s)
  1140. F40
    S. 216 omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 38; S.I. 2019/1436, reg. 2(s)
  1141. F41
    S. 38(5)(d) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  1142. F42
    S. 145(3)(b) and word omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 43 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
  1143. F43
    Sch. 4 para. 109(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
  1144. F44
    Sch. 4 para. 110(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
  1145. F45
    Sch. 4 para. 111(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
  1146. F46
    Sch. 4 para. 113(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)
  1147. F47
    Sch. 21 para. 34(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(b); S.I. 2021/712, reg. 3(c)
  1148. F48
    Sch. 21 para. 35(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(b); S.I. 2021/712, reg. 3(c)
  1149. C9
    Sch. 8 para. 21(1)-(3) continued (with modifications) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 10 (with regs. 13, 29, 30)
  1150. C10
    Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
  1151. C11
    S. 254 modified (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 9 (with regs. 13, 29, 30)
  1152. C12
    S. 258 modified (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 9 (with regs. 13, 29, 30)
  1153. C13
    Sch. 8 para. 9 continued (with modifications) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 10 (with regs. 13, 29, 30)
  1154. F49
    Pt. 3 Ch. 1 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 46; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1155. F50
    Sch. 6 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 189; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1156. F51
    Sch. 10 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(9), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1157. F52
    Sch. 14 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 13; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1158. F53
    Sch. 22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1159. F54
    Sch. 23 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1160. F55
    Words in s. 96 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1161. F56
    Words in s. 197 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 17; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1162. F57
    Words in Sch. 11 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1163. F58
    Words in s. 274 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 20; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1164. F59
    Words in s. 95(1)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1165. F60
    Words in s. 95(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1166. F61
    Words in s. 95(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1167. F62
    Words in s. 95(1)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1168. F63
    Words in s. 95(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 176; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1169. F64
    S. 95(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1170. F65
    Words in s. 95(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1171. F66
    Words in s. 95(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1172. F67
    Words in s. 95(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1173. F68
    Words in s. 95(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1174. F69
    S. 96(2A)-(2C) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 76(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1175. F70
    S. 96(2)(da) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 76(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1176. F71
    Words in s. 96(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1177. F72
    Words in s. 96(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(4)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1178. F73
    S. 96(2)(g) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 75(4)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1179. F74
    Words in s. 96(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 75(4)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1180. F75
    Words in s. 96(2)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(4)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1181. F76
    Words in s. 96(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(4)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1182. F77
    Words in s. 96(2)(i) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(4)(d); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1183. F78
    S. 96(2)(k) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(4)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1184. F79
    Words in s. 96(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 60(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1185. F80
    Words in s. 97(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1186. F81
    Words in s. 97(1)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1187. F82
    Words in s. 97(1)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1188. F83
    Words in s. 97(1)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1189. F84
    Words in s. 97(1)(h) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1190. F85
    Words in s. 97(1)(i)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1191. F86
    Words in s. 97(1)(i)(iii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1192. F87
    Words in s. 97(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1193. F88
    S. 5 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 73(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1194. F89
    S. 73 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 84(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1195. F90
    S. 72 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 84(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1196. F91
    S. 74(1)-(6) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 5; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1197. F92
    S. 79 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 83(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1198. F93
    S. 80 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 82(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1199. F94
    Words in s. 83 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1200. F95
    Words in s. 83(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1201. F96
    Words in s. 83(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1202. F97
    Words in s. 83(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1203. F98
    S. 83(4)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1204. F99
    S. 48 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 86(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1205. F100
    Words in s. 84 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1206. F101
    S. 84(5)(a)(i) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 48; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1207. F102
    Words in s. 85(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 49; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1208. F103
    Words in s. 85(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 49; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1209. F104
    Words in s. 90(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 54(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1210. F105
    Words in s. 90(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 54(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1211. F106
    Words in s. 90(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 54(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1212. F107
    Words in s. 91(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 55; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1213. F108
    Words in s. 91(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 55; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1214. F109
    Words in s. 91(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 55; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1215. F110
    Words in s. 92(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1216. F111
    Words in s. 92(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1217. F112
    Words in s. 92(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1218. F113
    Words in s. 93(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 57; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1219. F114
    Words in s. 93(1)-(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 57; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1220. F115
    Words in s. 86(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 50; S.I. 2022/734, reg. 2(a), Sch. (with regs. 6, 13, 29, 30)
  1221. F116
    Words in s. 87(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 51; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1222. F117
    Words in s. 87(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 51; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1223. F118
    S. 88(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 61, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1224. F119
    Words in s. 88(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 52; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1225. F120
    Words in s. 89 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 53; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1226. F121
    Words in s. 94(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1227. F122
    Words in s. 94(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1228. F123
    S. 94(7)-(11) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1229. F124
    S. 98(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1230. F125
    Words in s. 98(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1231. F126
    Words in s. 98(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1232. F127
    Words in s. 98(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1233. F128
    Words in s. 98(1)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1234. F129
    Words in s. 98(1)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1235. F130
    Words in s. 98(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1236. F131
    Words in s. 98(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1237. F132
    S. 98(7)(b) and word omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1238. F133
    Words in s. 99(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 177; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1239. F134
    Words in s. 99(5) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1240. F135
    Words in s. 99(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1241. F136
    S. 99(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1242. F137
    Words in s. 99(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(4)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1243. F138
    Words in s. 99(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(4)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1244. F139
    S. 101 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1245. F140
    Words in s. 102 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1246. F141
    Words in s. 102(4)(c)(i) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 179; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1247. F142
    Words in s. 102(6)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 65; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1248. F143
    Words in s. 104(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1249. F144
    S. 104(2)(e) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1250. F145
    S. 104(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1251. F146
    S. 104(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 180; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1252. F147
    S. 100(1A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1253. F148
    Words in s. 100(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1254. F149
    Words in s. 100(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1255. F150
    Words in s. 100(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1256. F151
    S. 100(4)(ba) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1257. F152
    Words in s. 100(11) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1258. F153
    Words in s. 100(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 178; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1259. F154
    S. 100(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1260. F155
    Words in s. 100(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1261. F156
    Words in s. 100(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1262. F157
    Words in s. 100(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1263. F158
    Words in s. 100(4)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1264. F159
    Words in s. 100(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1265. F160
    S. 100(6)-(9) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1266. F161
    S. 103(3)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1267. F162
    Words in s. 103(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 85(5)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1268. F163
    Words in s. 105(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1269. F164
    Words in s. 105(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1270. F165
    Words in s. 105(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1271. F166
    Words in s. 105(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1272. F167
    Words in s. 105(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1273. F168
    Words in s. 106(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 68; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1274. F169
    Words in s. 106(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 68; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1275. F170
    Words in s. 106(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 68; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1276. F171
    Words in s. 108(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1277. F172
    Words in s. 108(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1278. F173
    Words in s. 108(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1279. F174
    Words in s. 108(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1280. F175
    Words in s. 108(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1281. F176
    Words in s. 108(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 69(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1282. F177
    Words in s. 110(1)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 181; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1283. F178
    S. 110(1)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 71(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1284. F179
    Words in s. 110(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 71(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1285. F180
    Words in s. 128(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 74; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1286. F181
    Words in s. 130(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1287. F182
    Words in s. 130(6)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1288. F183
    Words in s. 130(6)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1289. F184
    Words in s. 130(6)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(3)(b)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1290. F185
    Words in s. 130(6)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(3)(b)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1291. F186
    Words in s. 130(6)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1292. F187
    Words in s. 130(11) substituted for s. 130(11)(a)(b) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 75(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1293. F188
    Words in s. 130 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1294. F189
    Words in s. 131(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 76; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1295. F190
    Words in s. 131(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 76; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1296. F191
    Words in s. 131(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 76; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1297. F192
    Words in s. 135(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 79(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1298. F193
    Words in s. 135(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 79(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1299. F194
    Words in s. 135(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 79(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1300. F195
    Words in s. 135(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 79(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1301. F196
    Words in s. 135(5)-(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 79(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1302. F197
    Words in s. 109(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1303. F198
    Words in s. 109(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1304. F199
    Words in s. 132 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 77; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1305. F200
    Words in s. 134(1)-(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 78; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1306. F201
    Words in s. 136(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 80; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1307. F202
    Words in s. 136(6)-(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 80; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1308. F203
    Words in s. 137(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 81; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1309. F204
    Words in s. 137(3)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 81; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1310. F205
    S. 138(1)(1A) substituted for s. 138(1) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 82(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1311. F206
    Words in s. 138(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 82(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1312. F207
    Words in s. 138(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 82(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1313. F208
    S. 138(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 82(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1314. F209
    Words in s. 139(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 83(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1315. F210
    Words in s. 139(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 83(2)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1316. F211
    Words in s. 139(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 83(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1317. F212
    Words in s. 140(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 84; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1318. F213
    Words in s. 140(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 84; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1319. F214
    Words in s. 141(8) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(6), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1320. F215
    Words in s. 141(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1321. F216
    S. 141(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 182; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1322. F217
    Words in s. 141(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1323. F218
    S. 141(3)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1324. F219
    Words in s. 141(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1325. F220
    Words in s. 141(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1326. F221
    Words in s. 141(5)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1327. F222
    Words in s. 141(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 85(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1328. F223
    S. 142 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(7), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1329. F224
    Words in s. 144(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 87; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1330. F225
    Words in s. 144(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 87; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1331. F226
    Words in s. 144(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 87; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1332. F227
    Words in s. 145(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 88; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1333. F228
    Words in s. 145(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 88; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1334. F229
    Words in s. 146(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 89; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1335. F230
    Words in s. 143(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 86; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1336. F231
    Words in s. 143(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 86; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1337. F232
    Words in s. 143(4)-(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 86; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1338. F233
    S. 150(1A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 92(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1339. F234
    Words in s. 150(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 92(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1340. F235
    Words in s. 150(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 92(2)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1341. F236
    Words in s. 150(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 92(2)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1342. F237
    S. 150(3) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 183; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1343. F238
    S. 150(2) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1344. F239
    Words in s. 148(6)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 90(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1345. F240
    S. 148(9) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 90(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1346. F241
    Words in s. 149(2)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 91; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1347. F242
    S. 155 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 63(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)
  1348. F243
    S. 156(3) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 63(2)(b)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)
  1349. F244
    S. 156(4) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 63(2)(b)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)
  1350. F245
    S. 175(2) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 93; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1351. F246
    S. 179 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 48, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1352. F247
    S. 180 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 10; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1353. F248
    Words in s. 194(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 184; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1354. F249
    Words in s. 194(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 184; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1355. F250
    Words in s. 194(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 184; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1356. F251
    Words in s. 194(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 184; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1357. F252
    Words in s. 194(13)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 184; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1358. F253
    Words in s. 197 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1359. F254
    Words in s. 196(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 185; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1360. F255
    Words in s. 197(6) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 18; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1361. F256
    S. 199(4) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 19; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1362. F257
    S. 200(15) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 11; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1363. F258
    Words in s. 234 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1364. F259
    Words in s. 234(11) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 20; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1365. F260
    Words in s. 236 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1366. F261
    Words in s. 237 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1367. F262
    S. 237(10)(b) substituted for s. 237(10)(b)(c) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 21; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1368. F263
    Words in s. 239 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1369. F264
    Words in s. 241 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1370. F265
    Words in s. 241(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 186; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1371. F266
    Words in s. 247 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 18; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1372. F267
    Words in s. 249 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1373. F268
    Words in s. 250(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 22; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1374. F269
    Words in s. 250(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1375. F270
    Words in s. 250(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 19; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1376. F271
    Words in s. 253 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1377. F272
    S. 254(4) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 94(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1378. F273
    S. 255(9)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 95; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1379. F274
    Words in s. 268 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1380. F275
    Words in s. 274(9) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 24; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1381. F276
    Words in s. 275 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 21; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1382. F277
    S. 288(2A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 96(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1383. F278
    Words in s. 288(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 96(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1384. F279
    Words in s. 288(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 96(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1385. F280
    Word in s. 288(2)(a) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 96(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1386. F281
    S. 288(3) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 6; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1387. F282
    S. 290(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 97(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1388. F283
    Words in s. 290(2) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 25; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1389. F284
    S. 290(3)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 97(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1390. F285
    S. 290(5) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 97(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1391. F286
    S. 290(6) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 97(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1392. F287
    Words in s. 291(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 98(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1393. F288
    S. 291(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 98(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1394. F289
    Words in s. 291(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 98(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1395. F290
    Words in s. 295 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1396. F291
    Words in s. 298 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1397. F292
    Words in s. 298(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 187(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1398. F293
    Words in s. 298(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 187(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1399. F294
    S. 300 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1400. F295
    Words in s. 296 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1401. F296
    S. 304(5)(d) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(8), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1402. F297
    S. 304(5)(j) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(8), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1403. F298
    Words in s. 304(12)(a)(iv) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 22; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1404. F299
    Words in s. 304(12)(a)(ix) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 22; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1405. F300
    S. 304(5)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 99(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1406. F301
    S. 304(12)(a)(i) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 99(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1407. F302
    S. 301 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1408. F303
    S. 302 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 89(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1409. F304
    Words in Sch. 11 para. 2(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1410. F305
    Words in Sch. 11 para. 2(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1411. F306
    Words in Sch. 11 para. 2(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1412. F307
    Words in Sch. 11 para. 2(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1413. F308
    Words in Sch. 11 para. 1(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1414. F309
    Words in Sch. 11 para. 1(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1415. F310
    Words in Sch. 11 para. 1(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1416. F311
    Words in Sch. 11 para. 1(2)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1417. F312
    Words in Sch. 11 para. 1(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1418. F313
    S. 306(7) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 188; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1419. F314
    S. 308(3)(i) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1420. F315
    Words in Sch. 11 para. 3(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1421. F316
    Words in Sch. 11 para. 3(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1422. F317
    Words in Sch. 11 para. 3(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1423. F318
    Words in Sch. 11 para. 4 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(d); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1424. F319
    Words in Sch. 11 para. 5(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1425. F320
    Words in Sch. 11 para. 5(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1426. F321
    Words in Sch. 11 para. 5(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1427. F322
    Words in Sch. 11 para. 5(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1428. F323
    Words in Sch. 11 para. 6(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(f); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1429. F324
    Words in Sch. 11 para. 6(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(f); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1430. F325
    Words in Sch. 11 para. 7(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(g); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1431. F326
    Words in Sch. 11 para. 8 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(h); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1432. F327
    Words in Sch. 11 para. 9(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1433. F328
    Words in Sch. 11 para. 9(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1434. F329
    Words in Sch. 11 para. 9(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1435. F330
    Words in Sch. 11 para. 10(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(j); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1436. F331
    Words in Sch. 11 para. 10(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(j); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1437. F332
    Words in Sch. 11 para. 11 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(k); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1438. F333
    Words in Sch. 11 para. 12(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1439. F334
    Words in Sch. 11 para. 12(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1440. F335
    Words in Sch. 11 para. 12(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1441. F336
    Words in Sch. 11 para. 12(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1442. F337
    Words in Sch. 11 para. 13(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(m); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1443. F338
    Words in Sch. 11 para. 13(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1444. F339
    Sch. 13 para. 10(2) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 12; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1445. F340
    Words in Sch. 11 para. 14 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(n); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1446. F341
    Words in s. 111(4)-(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 72; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1447. F342
    Words in s. 111(7)-(9) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(3), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
  1448. F343
    S. 111(2A) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(2), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
  1449. F344
    Words in s. 111(1)-(2A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 72; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1450. F345
    S. 111 repealed (coming into force as soon as there are no NHS foundation trusts in relation to which it has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 112(5), 306(4); S.I. 2013/671, art. 2(3)
  1451. F346
    Words in s. 111(3)-(5) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(3), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
  1452. F347
    S. 87(4)(c) and preceding word omitted (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by virtue of Health and Social Care Act 2012 (c. 7), ss. 114(1)(d), 306(4); S.I. 2013/671, art. 2(3)
  1453. F348
    S. 114 repealed (coming into force immediately after sections 112 and 113 are repealed) by Health and Social Care Act 2012 (c. 7), ss. 114(2), 306(4); S.I. 2013/671, art. 2(3)
  1454. F349
    S. 113 repealed (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 114(1), 306(4); S.I. 2013/671, art. 2(3)
  1455. F350
    Words in s. 113(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 73(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1456. F351
    Words in s. 113(1)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 73(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1457. F352
    Words in s. 112(5)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1458. F353
    S. 112 repealed (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 114(1), 306(4); S.I. 2013/671, art. 2(3)
  1459. F354
    Pt. 9 Ch. 3 inserted (31.7.2022 but only for the insertion of ss. 277A (for specified purposes), 277B, 277C, 1.10.2022 but only for the insertion of s. 277A(6)) by Health and Care Act 2022 (c. 31), ss. 99, 186(6); S.I. 2022/734, reg. 3 (with regs. 13, 29, 30); S.I. 2022/1003, reg. 2(b)
  1460. F355
    Word in s. 253(1)(ca) omitted (1.10.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 97(2)(a), 186(6); S.I. 2022/1003, reg. 2(a)
  1461. F356
    S. 253(1)(cb) inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(b), 186(6); S.I. 2022/1003, reg. 2(a)
  1462. F357
    S. 253(1)(e) and word inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(c), 186(6); S.I. 2022/1003, reg. 2(a)
  1463. F358
    Words in s. 261(1A) substituted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(3), 186(6); S.I. 2022/1003, reg. 2(a)
  1464. F359
    S. 304(5)(jb) inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 100(3), 186(6); S.I. 2022/1003, reg. 2(c)
  1465. F360
    Pt. 9 Ch. 4 inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 100(2), 186(6); S.I. 2022/1003, reg. 2(c)
  1466. F361
    S. 36 omitted (1.11.2022 for specified purposes) by virtue of Health and Care Act 2022 (c. 31), ss. 175(8), 186(6); S.I. 2022/1003, reg. 3(a)
  1467. F362
    S. 37 omitted (1.11.2022 for specified purposes) by virtue of Health and Care Act 2022 (c. 31), ss. 176(4), 186(6); S.I. 2022/1003, reg. 3(b)
  1468. F363
    Ss. 271-273 omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(24) (with reg. 3)
  1469. F364
    Sch. 18 omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(31) (with reg. 3)
  1470. F365
    S. 274A inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(26) (with reg. 3)
  1471. F366
    Pt. 9 Ch. 2 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(2) (with reg. 3)
  1472. F367
    Words in s. 252 cross-heading omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(3) (with reg. 3)
  1473. F368
    S. 253 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(a) (with reg. 3)
  1474. F369
    Words in s. 254 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(a) (with reg. 3)
  1475. F370
    Words in s. 255 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(a) (with reg. 3)
  1476. F371
    S. 274(1A) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(b) (with reg. 3)
  1477. F372
    S. 274(2A) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(d) (with reg. 3)
  1478. F373
    Words in s. 274(9) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(k)(i) (with reg. 3)
  1479. F374
    Words in s. 274(9) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(k)(ii) (with reg. 3)
  1480. F375
    S. 274(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(a) (with reg. 3)
  1481. F376
    Words in s. 274(2) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(c)(i) (with reg. 3)
  1482. F377
    Words in s. 274(2) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(c)(ii) (with reg. 3)
  1483. F378
    Words in s. 274(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(e) (with reg. 3)
  1484. F379
    S. 274(4) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(f) (with reg. 3)
  1485. F380
    Words in s. 274(5) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(g)(i) (with reg. 3)
  1486. F381
    Words in s. 274(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(g)(ii) (with reg. 3)
  1487. F382
    Words in s. 274(6) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(h) (with reg. 3)
  1488. F383
    S. 274(7) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(i) (with reg. 3)
  1489. F384
    Words in s. 274(8) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(25)(j) (with reg. 3)
  1490. F385
    Words in s. 260(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(a) (with reg. 3)
  1491. F386
    Words in s. 260(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(b)(i) (with reg. 3)
  1492. F387
    Words in s. 260(2)(d) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(b)(ii) (with reg. 3)
  1493. F388
    Words in s. 260(4) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(c)(i)(aa) (with reg. 3)
  1494. F389
    Words in s. 260(4) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(c)(i)(bb) (with reg. 3)
  1495. F390
    Words in s. 260(4)(a) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(c)(ii) (with reg. 3)
  1496. F391
    Words in s. 260(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(d) (with reg. 3)
  1497. F392
    Words in s. 260(6) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(12)(d) (with reg. 3)
  1498. F393
    S. 252 omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(4) (with reg. 3)
  1499. F394
    Words in s. 253(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(i) (with reg. 3)
  1500. F395
    S. 253(2A) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(d) (with reg. 3)
  1501. F396
    S. 253(1)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(ii) (with reg. 3)
  1502. F397
    S. 253(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(c) (with reg. 3)
  1503. F398
    S. 254(3) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(c) (with reg. 3)
  1504. F399
    Words in s. 254(1) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(b)(i) (with reg. 3)
  1505. F400
    Words in s. 254(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(b)(ii) (with reg. 3)
  1506. F401
    Words in s. 254(5) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(d)(i) (with reg. 3)
  1507. F402
    Words in s. 254(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(d)(ii) (with reg. 3)
  1508. F403
    S. 254(6) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(e) (with reg. 3)
  1509. F404
    S. 254(7) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(6)(e) (with reg. 3)
  1510. F405
    Words in s. 255(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(b) (with reg. 3)
  1511. F406
    Words in s. 255(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(c) (with reg. 3)
  1512. F407
    S. 255(5) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(d) (with reg. 3)
  1513. F408
    S. 255(6) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(d) (with reg. 3)
  1514. F409
    Words in s. 255(7) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(e) (with reg. 3)
  1515. F410
    Words in s. 255(8) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(7)(f) (with reg. 3)
  1516. F411
    Words in s. 256 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(8) (with reg. 3)
  1517. F412
    Words in s. 257 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(9) (with reg. 3)
  1518. F413
    Words in s. 258 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(10) (with reg. 3)
  1519. F414
    Words in s. 259(1)(a) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(a)(ii) (with reg. 3)
  1520. F415
    Words in s. 259(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(a)(i) (with reg. 3)
  1521. F416
    Words in s. 259(3)-(9) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(b) (with reg. 3)
  1522. F417
    S. 261(8)(9) substituted for s. 261(8) (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(f) (with reg. 3)
  1523. F418
    Words in s. 261(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(a) (with reg. 3)
  1524. F419
    Words in s. 261(4) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(c) (with reg. 3)
  1525. F420
    Words in s. 261(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(d) (with reg. 3)
  1526. F421
    Words in s. 261(7) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(e) (with reg. 3)
  1527. F422
    Words in s. 261(1A)-(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(13)(b) (with reg. 3)
  1528. F423
    Words in s. 262(4) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(b) (with reg. 3)
  1529. F424
    Words in s. 262(5) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(c)(i) (with reg. 3)
  1530. F425
    Words in s. 262(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(c)(ii) (with reg. 3)
  1531. F426
    Words in s. 262(5) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(c)(iii) (with reg. 3)
  1532. F427
    S. 262(7) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(d) (with reg. 3)
  1533. F428
    S. 262(1)-(3) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(14)(a) (with reg. 3)
  1534. F429
    Words in s. 262A omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(15)(a) (with reg. 3)
  1535. F430
    Words in s. 262A substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(15)(b) (with reg. 3)
  1536. F431
    S. 263(8) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(e) (with reg. 3)
  1537. F432
    Words in s. 263(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(a) (with reg. 3)
  1538. F433
    Words in s. 263(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(b)(i) (with reg. 3)
  1539. F434
    Word in s. 263(3)(a) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(b)(ii) (with reg. 3)
  1540. F435
    S. 263(3)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(b)(iii) (with reg. 3)
  1541. F436
    Words in s. 263(3)(c) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(b)(iv) (with reg. 3)
  1542. F437
    S. 263(4) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(c) (with reg. 3)
  1543. F438
    Words in s. 263(5) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(16)(d) (with reg. 3)
  1544. F439
    Words in s. 264 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(17) (with reg. 3)
  1545. F440
    Words in s. 265(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(18)(a)(i) (with reg. 3)
  1546. F441
    Words in s. 265(1)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(18)(a)(ii)(aa) (with reg. 3)
  1547. F442
    Words in s. 265(1)(b)(i) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(18)(a)(ii)(bb) (with reg. 3)
  1548. F443
    S. 265(2)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(18)(b) (with reg. 3)
  1549. F444
    Words in s. 265(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(18)(c) (with reg. 3)
  1550. F445
    Words in s. 266 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(19) (with reg. 3)
  1551. F446
    Words in s. 267(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(20) (with reg. 3)
  1552. F447
    Words in s. 268 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(21) (with reg. 3)
  1553. F448
    Words in s. 269(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(22) (with reg. 3)
  1554. F449
    Words in s. 270 substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(23)(a) (with reg. 3)
  1555. F450
    S. 270(4) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(23)(b) (with reg. 3)
  1556. F451
    Words in s. 275 inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(27) (with reg. 3)
  1557. F452
    S. 277C(4) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(28)(c) (with reg. 3)
  1558. F453
    Words in s. 277C(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(28)(a) (with reg. 3)
  1559. F454
    S. 277C(3) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(28)(b) (with reg. 3)
  1560. F455
    S. 290(3)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(29) (with reg. 3)
  1561. F456
    Words in s. 304(12)(a)(v) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(30)(a) (with reg. 3)
  1562. F457
    S. 304(12)(a)(vi) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(30)(b) (with reg. 3)
  1563. F458
    Words in s. 304(12)(a)(vii) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(30)(c) (with reg. 3)
  1564. F459
    S. 304(12)(a)(viii) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(30)(d) (with reg. 3)
  1565. F460
    Words in s. 97(1)(g) substituted (1.7.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 2; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)
  1566. F461
    Pt. 3 Ch. 4 (ss. 114A-114F) substituted for Pt. 3 Ch. 4 (ss. 115-127) (1.7.2022 but only for the insertion of ss. 114C, 114D for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)
  1567. F462
    S. 304(5)(g) substituted (1.7.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 4; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)
  1568. F463
    S. 87A inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 51(2), 186(6); S.I. 2023/371, reg. 2(c)
  1569. F464
    S. 296A inserted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 12(3) (with reg. 7)
  1570. F465
    S. 290(3)(ca) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 12(2) (with reg. 7)
  1571. F466
    S. 54 omitted (1.10.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 169(6), 186(6); S.I. 2023/1035, reg. 2(b)
  1572. F467
    Sch. 9 omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 80(2), 186(6); S.I. 2023/1431, reg. 3(c) (with reg. 5)
  1573. F468
    Ss. 75-78 omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 80(2), 186(6); S.I. 2023/1431, reg. 3(c) (with reg. 5)
  1574. C14
    Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)
  1575. F469
    Ss. 251, 251ZA substituted for s. 251 (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(3), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1576. F470
    S. 250(2)-(2B) substituted for s. 250(2) (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(a), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1577. F471
    S. 250(6)-(6D) substituted for s. 250(6) (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(d), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1578. F472
    Word in s. 250(3) substituted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(b), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1579. F473
    S. 250(5) omitted (7.7.2025) by virtue of Health and Care Act 2022 (c. 31), ss. 95(2)(c), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1580. F474
    Words in s. 250(7) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(e)(i), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1581. F475
    Words in s. 250(7) omitted (7.7.2025) by virtue of Health and Care Act 2022 (c. 31), ss. 95(2)(e)(ii), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1582. F476
    S. 251C(6A) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(4)(a), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1583. F477
    S. 251C(7) substituted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(4)(b), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1584. F478
    S. 304(5)(ja) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(5), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)
  1585. F479
    Words in s. 253(3) substituted (1.2.2023 for specified purposes) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2)(3), Sch. para. 17(5)(e) (with reg. 3)
  1586. F480
    S. 251ZA cross-heading inserted (19.6.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), s. 142(2)(h), Sch. 15 para. 6; S.I. 2026/82, reg. 2(z15)
  1587. F481
    Ss. 251ZB-251ZE and cross-heading inserted (19.6.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 15 para. 8; S.I. 2026/82, reg. 2(z15)
  1588. F482
    S. 250 cross-heading inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 2; S.I. 2026/82, reg. 2(z15)
  1589. F483
    S. 250A inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 4; S.I. 2026/82, reg. 2(z15)
  1590. F484
    S. 251ZA heading substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 7; S.I. 2026/82, reg. 2(z15)
  1591. F485
    Word in s. 250(7) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(6)(a); S.I. 2026/82, reg. 2(z15)
  1592. F486
    Words in s. 250(7) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(6)(b); S.I. 2026/82, reg. 2(z15)
  1593. F487
    Words in s. 250(7) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(6)(c); S.I. 2026/82, reg. 2(z15)
  1594. F488
    Words in s. 250(7) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(6)(d); S.I. 2026/82, reg. 2(z15)
  1595. F489
    Words in s. 250(2) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(2); S.I. 2026/82, reg. 2(z15)
  1596. F490
    S. 250(2B)(e) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(4); S.I. 2026/82, reg. 2(z15)
  1597. F491
    Words in s. 250(3) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(5)(a); S.I. 2026/82, reg. 2(z15)
  1598. F492
    Words in s. 250(3) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(5)(b); S.I. 2026/82, reg. 2(z15)
  1599. F493
    Words in s. 250(2B)(c) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(3)(a); S.I. 2026/82, reg. 2(z15)
  1600. F494
    Words in s. 250(2B)(c) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 3(3)(b); S.I. 2026/82, reg. 2(z15)
  1601. F495
    Words in s. 251 heading omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 5(2); S.I. 2026/82, reg. 2(z15)
  1602. F496
    S. 251(3) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 15 para. 5(3); S.I. 2026/82, reg. 2(z15)
  1603. F497
    Sch. 12 repealed by virtue of the repeal of s. 120 (the section that introduces it) resulting from the unequal substitution of Pt. 3 Ch. 4 (ss. 114A-114F) for Pt. 3 Ch. 4 (ss. 115-127) (1.4.2023) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2023/371, reg. 2(d)