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Health Act 2006

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Health Act 2006. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Overview of the Structure of the Act

    1. Part 1

    2. Part 2

    3. Part 3

    4. Part 4

    5. Part 5

    6. Part 6

    7. Part 7

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary on Sections

    1. Part 1 - Smoking

      1. Chapter 1 -  Smoke-Free Premises, Places and Vehicles

        1. Section 1: Introduction

        2. Section 2: Smoke-free premises

        3. Section 3: Smoke-free premises: exemptions

        4. Section 4: Additional smoke-free places

        5. Section 5: Vehicles

        6. Section 6: No-smoking signs

        7. Section 7: Offence of smoking in smoke-free place

        8. Section 8: Offence of failing to prevent smoking in smoke-free place

        9. Section 9: Fixed penalties

        10. Schedule 1

        11. Section  10: Enforcement

        12. Schedule 2

        13. Section 11: Obstruction of officers

        14. Section 12: Interpretation and territorial sea

    2. Age for Sale of Tobacco Etc.

      Part 1  Chapter 2

      1. Section 13: Power to amend age for sale of tobacco

    3. Prevention and Control of Health Care Associated Infections

      Part 2

      1. Section 14: Code of practice relating to health care associated infections

      2. Section 15: Code of practice: effects on existing functions of Commission for Healthcare Audit and Inspection

      3. Section 16: Code of practice: improvement notices

    4. Part 3 Drugs, Medicines and Pharmacies

    5. Supervision of Management and Use of Controlled Drugs

      Part 3Chapter 1

      1. Section 17: Accountable officers and their responsibilities as to controlled drugs

      2. Section 18: Co-operation between health bodies and other organisations

      3. Section 19: Meaning of “relevant person in section 18

      4. Section 20: Controlled drugs: power to enter and inspect

      5. Section 21: Offences in connection with power to enter and inspect

      6. Section 22 Guidance

      7. Section 23: Crown application

      8. Section 24 Relevant authorities

      9. Section 25 Interpretation

    6. Medicines and Pharmacies

      Part 3Chapter 2

      1. Section 26: Requirements about supervision

      2. Sections 27 to 30: Pharmacy premises

      3. Section 27: Control of pharmacy premises: individuals and partnerships

      4. Section 28: Control of pharmacy premises: bodies corporate

      5. Section 29: Control of pharmacy premises: representative of pharmacist in case of death or disability

      6. Section 30: The responsible pharmacist

      7. Section 31: Enforcement

      8. Section 32: Order-making powers

      9. Section 33: Orders under section 60 of the Health Act 1999

    7. Part 4 The National Health Service

    8. PART 4CHAPTER 1

      1. Pharmaceutical Services

        1. Section 34: Power to charge

        2. Section  35: Applications for provision of pharmaceutical services

        3. Section 36: Arrangements for dispensing of medicines

    9. PART 4CHAPTER 2

      1. Ophthalmic Services

        1. Section 37: Provision of primary ophthalmic services

        2. Section 38: General ophthalmic services contracts

          1. General ophthalmic services contracts: introductory

          2. Persons eligible to enter into contracts

          3. Exclusion of contractors

          4. General Ophthalmic Services contracts:  payments

          5. General Ophthalmic Services contracts: other required terms

          6. General Ophthalmic services contracts: disputes and enforcement

        3. Section 39 Persons performing primary ophthalmic services

        4. Section 40 Assistance and support

        5. Section 41 Local Optical Committees

        6. Section 42 Payments in respect of optical appliances

        7. Section 43 General ophthalmic services: transitional

    10. Protection of Nhs from Fraud and Other Unlawful Activities

      Part 4Chapter 3

      1. Section 44: Compulsory disclosure of documents for purposes of counter fraud or security management functions

      2. Section 45: Meaning of “NHS body”

      3. Section 46: Notice requiring production of documents

      4. Section 47: Production of documents

      5. Section 48: Delegation of functions

      6. Section 49: Code of practice relating to delegated functions

      7. Section 50: Disclosure of information

      8. Section 51: Protection of personal information disclosed for purposes of proceedings

      9. Section 52 Offences in connection with production of documents

      10. Section 53: Offences relating to disclosure or use of information

      11. Section 54: Manner in which disclosure notice may be served

      12. Section 55: Interpretation

    11. PART 4CHAPTER 4

      1. Audit

        1. Section 56: Accounts and audit

    12. Appointments Commission

      Part 5

      1. Section 57: The Appointments Commission

      2. Section 58: Commission to exercise Secretary of State’s appointment functions

      3. Section 59: Cases where appointment functions exercisable jointly

      4. Section 60: Commission to exercise Privy Council’s appointment functions

      5. Section 61: Commission to exercise Assembly’s appointment functions

      6. Section 62: Exercise of appointments functions

      7. Section 63: Commission to assist other bodies with appointments

      8. Section 64: Functions connected with appointments to bodies to which section 58 or 60 applies

      9. Section 65: Prescribed functions

      10. Section 66: Exercise of functions

      11. Section 67: Annual reports

      12. Section 68: Other reports and information

      13. Section 69: Transfer of staff and property

      14. Section 70: Directions

      15. Section 71: Interpretation

    13. Social Care Bursary

      Part 6 Miscellaneous

      1. Section 72: Exercise by Special Health Authority of social care training functions

  7. Nhs Costs Recovery

    1. Section 73: NHS Costs Recovery

  8. Transfer of Criminal Liability

    1. Section 74: Transfer of criminal liabilities of certain NHS bodies

  9. Local Health Boards and Welsh Health Authorities

    1. Section 75:  Amendments relating to Local Health Boards and abolition of Welsh health authorities

    2. Final Provisions

      Part 7

      1. Section 76: Offences by bodies corporate

      2. Section 77: Offences committed by partnerships and other unincorporated associations

      3. Section 78: Penalties for offences: transitional modification for England and Wales

      4. Section 79: Orders and regulations

      5. Section 80: Amendments, repeals and revocations

      6. Section 81: Expenses

      7. Section 82: Interpretation

      8. Section 83: Commencement

      9. Section 84: Short title and extent

  10. Commencement Date

    1. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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