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National Health Service Act 2006

Changes to legislation:

National Health Service Act 2006 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Promotion and provision of the health service in England

    1. The Secretary of State and the health service in England

      1. 1.Secretary of State's duty to promote health service

    2. General power to provide services

      1. 2.Secretary of State's general power

    3. Provision of particular services

      1. 3.Secretary of State's duty as to provision of certain services

      2. 4.High security psychiatric services

      3. 5.Other services

    4. Provision of services otherwise than in England

      1. 6.Performance of functions outside England

    5. Exercise and distribution of functions

      1. 7.Distribution of health service functions

      2. 8.Secretary of State's directions to health service bodies

    6. NHS contracts

      1. 9.NHS contracts

      2. 10.Provision for bodies in Northern Ireland

      3. 11.Arrangements to be treated as NHS contracts

    7. Provision of services otherwise than by the Secretary of State

      1. 12.Secretary of State's arrangements with other bodies

  3. Part 2 Health service bodies

    1. Chapter 1 Strategic Health Authorities

      1. 13.Strategic Health Authorities

      2. 14.Exercise of Strategic Health Authority functions

      3. 15.Strategic Health Authorities' directions

      4. 16.Section 92 arrangements and section 107 arrangements

      5. 17.Advice for Strategic Health Authorities

    2. Chapter 2 Primary Care Trusts

      1. 18.Primary Care Trusts

      2. 19.Exercise of Primary Care Trust functions

      3. 20.Strategic Health Authority directions to Primary Care Trusts

      4. 21.Provision of services etc

      5. 22.Administration and management of services

      6. 23.Advice for Primary Care Trusts

      7. 24.Plans for improving health etc

    3. Chapter 3 NHS trusts

      1. 25.NHS trusts

      2. 26.General duty of NHS trusts

      3. 27.Financial provisions relating to NHS trusts

    4. Chapter 4 Special Health Authorities

      1. 28.Special Health Authorities

      2. 29.Exercise of Special Health Authority functions

    5. Chapter 5 NHS foundation trusts

      1. Introductory

        1. 30.NHS foundation trusts

        2. 31.Independent Regulator of NHS Foundation Trusts

        3. 32.General duty of regulator

      2. Authorisation

        1. 33.Applications by NHS trusts

        2. 34.Other applications

        3. 35.Authorisation of NHS foundation trusts

        4. 36.Effect of authorisation

        5. 37.Amendments of constitution

        6. 38.Variation of authorisation

        7. 39.Register of NHS foundation trusts

      3. Financial matters

        1. 40.Power of Secretary of State to give financial assistance

        2. 41.Prudential borrowing code

        3. 42.Public dividend capital

      4. Functions

        1. 43.Authorised services

        2. 44.Private health care

        3. 45.Protection of property

        4. 46.Financial powers

        5. 47.General powers

        6. 48.Information

        7. 49.Entry and inspection of premises

        8. 50.Fees

        9. 51.Trust funds and trustees

      5. Failure

        1. 52.Failing NHS foundation trusts

        2. 53.Voluntary arrangements

        3. 54.Dissolution etc

        4. 55.Sections 53 and 54: supplementary

      6. Mergers

        1. 56.Mergers

        2. 57.Section 56: supplementary

      7. Miscellaneous

        1. 58.Taxation

        2. 59.Conduct of elections

        3. 60.Voting and standing for election

        4. 61.Representative membership

        5. 62.Audit

        6. 63.General duty of NHS foundation trusts

      8. Supplementary

        1. 64.Orders and regulations under this Chapter

        2. 65.Interpretation of this Chapter

    6. Chapter 6 Miscellaneous

      1. Intervention orders and default powers

        1. 66.Intervention orders

        2. 67.Effect of intervention orders

        3. 68.Default powers

      2. Protection of members and officers of health service bodies

        1. 69.Protection from personal liability

      3. Transfer of residual liabilities

        1. 70.Transfer of residual liabilities

      4. Losses and liabilities of certain health service bodies

        1. 71.Schemes for meeting losses and liabilities etc of certain health service bodies

      5. Co-operation between NHS bodies

        1. 72.Co-operation between NHS bodies

      6. Directions and regulations under this Part

        1. 73.Directions and regulations under this Part

  4. Part 3 Local authorities and the NHS

    1. 74.Supply of goods and services by local authorities

    2. 75.Arrangements between NHS bodies and local authorities

    3. 76.Power of local authorities to make payments

    4. 77.Care Trusts

    5. 78.Directed partnership arrangements

    6. 79.Further provision about directions and directed partnership arrangements

    7. 80.Supply of goods and services by the Secretary of State

    8. 81.Conditions of supply under section 80

    9. 82.Co-operation between NHS bodies and local authorities

  5. Part 4 Medical services

    1. Duty of Primary Care Trusts in relation to primary medical services

      1. 83.Primary medical services

    2. General medical services contracts

      1. 84.General medical services contracts: introductory

      2. 85.Requirement to provide certain primary medical services

      3. 86.Persons eligible to enter into GMS contracts

      4. 87.GMS contracts: payments

      5. 88.GMS contracts: prescription of drugs, etc

      6. 89.GMS contracts: other required terms

      7. 90.GMS contracts: disputes and enforcement

    3. Performance of primary medical services

      1. 91.Persons performing primary medical services

    4. Other arrangements for the provision of primary medical services

      1. 92.Arrangements by Strategic Health Authorities for the provision of primary medical services

      2. 93.Persons with whom agreements may be made under section 92

      3. 94.Regulations about section 92 arrangements

      4. 95.Transfer of liabilities relating to section 92 arrangements

    5. Assistance and support

      1. 96.Assistance and support: primary medical services

    6. Local Medical Committees

      1. 97.Local Medical Committees

    7. Provision of accommodation by the Secretary of State

      1. 98.Use of accommodation: provision of primary medical services

  6. Part 5 Dental services

    1. Duty of Primary Care Trusts in relation to primary dental services

      1. 99.Primary dental services

    2. General dental services contracts

      1. 100.General dental services contracts: introductory

      2. 101.Requirement to provide certain primary dental services

      3. 102.Persons eligible to enter into GDS contracts

      4. 103.GDS contracts: payments

      5. 104.GDS contracts: other required terms

      6. 105.GDS contracts: disputes and enforcement

    3. Performance of primary dental services

      1. 106.Persons performing primary dental services

    4. Other arrangements for the provision of primary dental services

      1. 107.Arrangements by Strategic Health Authorities for the provision of primary dental services

      2. 108.Persons with whom agreements may be made under section 107

      3. 109.Regulations about section 107 arrangements

      4. 110.Transfer of liabilities relating to section 107 arrangements

    5. Dental public health

      1. 111.Dental public health

    6. Assistance and support

      1. 112.Assistance and support: primary dental services

    7. Local Dental Committees

      1. 113.Local Dental Committees

    8. Provision of accommodation by the Secretary of State

      1. 114.Use of accommodation: provision of primary dental services

  7. Part 6 Ophthalmic services

    1. Duty of Primary Care Trusts in relation to primary ophthalmic services

      1. 115.Primary ophthalmic services

      2. 116.Regulations under section 115: supplementary

    2. General ophthalmic services contracts

      1. 117.General ophthalmic services contracts: introductory

      2. 118.Persons eligible to enter into GOS contracts

      3. 119.Exclusion of contractors

      4. 120.GOS contracts: payments

      5. 121.GOS contracts: other required terms

      6. 122.GOS contracts: disputes and enforcement

    3. Performance of primary ophthalmic services

      1. 123.Persons performing primary ophthalmic services

    4. Assistance and support

      1. 124.Assistance and support: primary ophthalmic services

    5. Local Optical Committees

      1. 125.Local Optical Committees

  8. Part 7 Pharmaceutical services and local pharmaceutical services

    1. Chapter 1 Provision of pharmaceutical services

      1. 126.Arrangements for pharmaceutical services

      2. 127.Arrangements for additional pharmaceutical services

      3. 128.Terms and conditions, etc

      4. 129.Regulations as to pharmaceutical services

      5. 130.Regulations under section 129: appeals, etc

      6. 131.Power to charge

      7. 132.Persons authorised to provide pharmaceutical services

      8. 133.Inadequate provision of pharmaceutical services

    2. Chapter 2 Local pharmaceutical services: pilot schemes

      1. 134.Pilot schemes

      2. 135.Making pilot schemes

      3. 136.Designation of priority neighbourhoods or premises

      4. 137.Reviews of pilot schemes

      5. 138.Variation and termination of pilot schemes

      6. 139.NHS contracts and the provision of piloted services

      7. 140.Funding of preparatory work

      8. 141.Application of this Act

      9. 142.Premises from which piloted services may be provided

      10. 143.Control of entry regulations

    3. Chapter 3 Local pharmaceutical services: LPS schemes

      1. 144.Local pharmaceutical services schemes

    4. Chapter 4 Local pharmaceutical services: miscellaneous

      1. Application of enactments

        1. 145.Application of enactments

      2. Performance of local pharmaceutical services

        1. 146.Persons performing local pharmaceutical services

      3. Assistance and support

        1. 147.Assistance and support: local pharmaceutical services

    5. Chapter 5 Conditional inclusion in pharmaceutical lists, and supplementary lists

      1. 148.Conditional inclusion in pharmaceutical lists

      2. 149.Supplementary lists

      3. 150.Further provision about regulations under section 149

    6. Chapter 6 Disqualification

      1. 151.Disqualification of practitioners

      2. 152.Contingent removal

      3. 153.Fraud and unsuitability cases: supplementary

      4. 154.Suspension

      5. 155.Suspension pending appeal

      6. 156.Effect of suspension

      7. 157.Review of decisions

      8. 158.Appeals

      9. 159.National disqualification

      10. 160.Notification of decisions

      11. 161.Withdrawal from lists

      12. 162.Regulations about decisions under this Chapter

      13. 163.Corresponding provisions in Scotland and Northern Ireland

    7. Chapter 7 Miscellaneous

      1. Remuneration

        1. 164.Remuneration for persons providing pharmaceutical services

        2. 165.Section 164: supplementary

      2. Indemnity cover

        1. 166.Indemnity cover

      3. Local Pharmaceutical Committees

        1. 167.Local Pharmaceutical Committees

      4. Provision of accommodation by the Secretary of State

        1. 168.Use of accommodation: provision of pharmaceutical services and local pharmaceutical services

  9. Part 8 Family Health Services Appeal Authority

    1. 169.FHSAA

    2. 170.FHSAA: financial provisions

    3. 171.Conditions of use of services of persons under section 169

  10. Part 9 Charging

    1. Power to charge generally

      1. 172.Charges for drugs, medicines or appliances, or pharmaceutical services

      2. 173.Exemptions from general charging

      3. 174.Pre-payment certificates

      4. 175.Charges in respect of non-residents

    2. Charging for dental services

      1. 176.Dental charging

      2. 177.Exemptions from dental charging

    3. Charging for local pharmaceutical services

      1. 178.Charges, recovery of payments and penalties

    4. Charging for optical appliances

      1. 179.Charges for optical appliances

      2. 180.Payments in respect of costs of optical appliances

      3. 181.Section 180: supplementary

    5. Exemptions, etc

      1. 182.Remission and repayment of charges

      2. 183.Payment of travelling expenses

      3. 184.Sections 182 and 183: supplementary

    6. Other provisions relating to charging

      1. 185.Charges for more expensive supplies

      2. 186.Charges for repairs and replacements in certain cases

      3. 187.Charges for designated services or facilities

      4. 188.Sums otherwise payable to those providing services

      5. 189.Hospital accommodation on part payment

      6. 190.Expenses payable by employed patients

    7. Recovery, etc

      1. 191.Recovery of charges

      2. 192.Recovery of charges and payments in relation to goods and services

      3. 193.Penalties relating to charges

      4. 194.Offences relating to charges

  11. Part 10 Protection of NHS from fraud and other unlawful activities

    1. Preliminary

      1. 195.Compulsory disclosure of documents

      2. 196.Persons and bodies about which provision is made by this Part

    2. Disclosure notices

      1. 197.Notice requiring production of documents

      2. 198.Production of documents

      3. 199.Delegation of functions

      4. 200.Code of practice relating to delegated functions

      5. 201.Disclosure of information

      6. 202.Protection of personal information disclosed for purposes of proceedings

      7. 203.Manner in which disclosure notice may be served

    3. Offences under this Part

      1. 204.Offences in connection with production of documents

      2. 205.Offences relating to disclosure or use of information

      3. 206.Offences by bodies corporate etc

      4. 207.Offences committed by partnerships and other unincorporated associations

      5. 208.Penalties for offences under this Part: transitional modification

    4. Supplementary

      1. 209.Orders and regulations under this Part

      2. 210.Interpretation of this Part

  12. Part 11 Property and finance

    1. Chapter 1 Land and other property

      1. 211.Acquisition, use and maintenance of property

    2. Chapter 2 Trusts

      1. 212.Special trustees for a university hospital or teaching hospital

      2. 213.Transfers of trust property

      3. 214.Transfer of functions and property to or from special trustees

      4. 215.Trustees and property under section 222

      5. 216.Application of trust property: further provisions

      6. 217.Trusts: supplementary provisions

      7. 218.Private trusts for hospitals

    3. Chapter 3 Property transferred under the National Health Service Act 1946

      1. 219.Transferred property free of trusts

      2. 220.Trust property previously held for general hospital purposes

      3. 221.Voluntary hospitals

    4. Chapter 4 Raising money

      1. 222.Power to raise money

    5. Chapter 5 Formation of companies

      1. 223.Public-private partnerships

    6. Chapter 6 Finance

      1. Strategic Health Authorities and Special Health Authorities

        1. 224.Means of meeting expenditure of Strategic Health Authorities out of public funds

        2. 225.Means of meeting expenditure of Special Health Authorities out of public funds

        3. 226.Financial duties of Strategic Health Authorities and Special Health Authorities

        4. 227.Resource limits for Strategic Health Authorities and Special Health Authorities

      2. Primary Care Trusts

        1. 228.Public funding of Primary Care Trusts

        2. 229.Financial duties of Primary Care Trusts

        3. 230.Resource limits for Primary Care Trusts

        4. 231.Further provision about the expenditure of Primary Care Trusts

      3. Accounts and audit

        1. 232.Accounts and audit

      4. Allowances and remuneration

        1. 233.Allowances for members of certain bodies

        2. 234.Special arrangement as to payment of remuneration

        3. 235.Superannuation of officers of certain hospitals

        4. 236.Payments for certain medical examinations

  13. Part 12 Public involvement and scrutiny

    1. Chapter 1 Patients' Forums

      1. 237.Establishment of Patients' Forums

      2. 238.Additional functions of PCT Patients' Forums

      3. 239.Entry and inspection of premises

      4. 240.Annual reports

      5. 241.Further provision about Patients' Forums

    2. Chapter 2 Public involvement and consultation

      1. 242.Public involvement and consultation

      2. 243.The Commission for Patient and Public Involvement in Health

    3. Chapter 3 Overview and Scrutiny Committees

      1. 244.Functions of overview and scrutiny committees

      2. 245.Joint overview and scrutiny committees etc

      3. 246.Overview and scrutiny committees: exempt information

      4. 247.Application to the City of London

  14. Part 13 Miscellaneous

    1. Independent advocacy services

      1. 248.Independent advocacy services

    2. Joint working with the prison service

      1. 249.Joint working with the prison service

    3. Standing advisory committees

      1. 250.Secretary of State's standing advisory committees

    4. Patient information

      1. 251.Control of patient information

      2. 252.Patient Information Advisory Group

    5. Emergency powers

      1. 253.Emergency powers

    6. Local social services authorities

      1. 254.Local social service authorities

    7. Supplies by the Secretary of State

      1. 255.Supplies not readily obtainable

    8. Community services

      1. 256.Power of Primary Care Trusts to make payments towards expenditure on community services

      2. 257.Payments in respect of voluntary organisations under section 256

    9. Universities

      1. 258.University clinical teaching and research

    10. Sale of medical practices

      1. 259.Sale of medical practices

    11. Price of medical supplies

      1. 260.Control of maximum price of medical supplies other than health service medicines

      2. 261.Powers relating to voluntary schemes

      3. 262.Power to control prices

      4. 263.Statutory schemes

      5. 264.Statutory schemes: supplementary

      6. 265.Enforcement

      7. 266.Controls: supplementary

    12. Use of facilities in private practice

      1. 267.Permission for use of facilities in private practice

    13. Health service development

      1. 268.Persons displaced by health service development

    14. Registration of information, etc

      1. 269.Special notices of births and deaths

      2. 270.Provision of information by Registrar General

  15. Part 14 Supplementary

    1. 271.Territorial limit of exercise of functions

    2. 272.Orders, regulations, rules and directions

    3. 273.Further provision about orders and directions under this Act

    4. 274.Supplementary regulatory powers

    5. 275.Interpretation

    6. 276.Index of defined expressions

    7. 277.Commencement

    8. 278.Short title, extent and application

  16. SCHEDULES

    1. SCHEDULE 1

      Further provision about the Secretary of State and services under this Act

      1. Medical inspection of pupils

        1. 1.The Secretary of State must provide for the medical inspection...

        2. 2.(1) The Secretary of State may, by arrangement with any...

        3. 3.An arrangement under paragraph 2(1)(b) may provide for payments by...

        4. 4.A local education authority may not make an arrangement under...

        5. 5.(1) Sub-paragraph (2) applies to— (a) each local education authority,...

        6. 6.In paragraphs 1 to 5 any expression to which a...

        7. 7.Any charge made under regulations under this Act in respect...

      2. Contraceptive services

        1. 8.The Secretary of State must arrange, to such extent as...

      3. Provision of vehicles for disabled persons

        1. 9.The Secretary of State may provide vehicles (including wheelchairs) for...

        2. 10.(1) Sub-paragraphs (2) and (3) apply in respect of—

        3. 11.Regulations may provide for any incidental or supplementary matter for...

      4. Provision of a microbiological service by the Secretary of State

        1. 12.(1) The Secretary of State may— (a) provide a microbiological...

      5. Powers of the Secretary of State in relation to research

        1. 13.(1) The Secretary of State may conduct research, or may...

    2. SCHEDULE 2

      Strategic Health Authorities

      1. Corporate status

        1. 1.Each Strategic Health Authority is a body corporate.

      2. Pay and allowances

        1. 2.(1) The Secretary of State may pay to—

      3. Membership of Strategic Health Authorities

        1. 3.A Strategic Health Authority consists of— (a) a chairman appointed...

        2. 4.Regulations may provide that all or any of the persons...

        3. 5.Regulations must provide that each of the persons who is...

        4. 6.Regulations may provide for a person of a prescribed description...

      4. Staff

        1. 7.(1) A Strategic Health Authority may employ such officers as...

        2. 8.(1) The Secretary of State must, before he makes regulations...

      5. Miscellaneous

        1. 9.Provision may be made by regulations as to—

        2. 10.Regulations made under this Schedule may make provision (including provision...

        3. 11.A Strategic Health Authority may pay subscriptions, of such amounts...

        4. 12.A Strategic Health Authority has power to accept gifts of...

        5. 13.(1) The Secretary of State may by order provide for...

        6. 14.The proceedings of a Strategic Health Authority are not invalidated...

        7. 15.(1) A Strategic Health Authority may— (a) make available at...

        8. 16.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        9. 17.Provision may be made by regulations with respect to the...

    3. SCHEDULE 3

      Primary Care Trusts

      1. Part 1 Constitution and membership

        1. Status

          1. 1.Each Primary Care Trust is a body corporate.

          2. 2.(1) A Primary Care Trust must not be regarded as...

        2. Membership

          1. 3.The members of a Primary Care Trust are—

          2. 4.(1) Regulations may make provision about— (a) the appointment of...

          3. 5.Any reference in this Schedule to a committee of a...

          4. 6.The validity of any proceedings of a Primary Care Trust,...

        3. Staff

          1. 7.(1) A Primary Care Trust may employ such officers as...

          2. 8.(1) The Secretary of State may direct a Primary Care...

          3. 9.In addition to making provision in relation to Strategic Health...

          4. 10.(1) Sub-paragraph (3) applies where the registration of a dental...

        4. Remuneration, pensions etc of members

          1. 11.(1) A Primary Care Trust may pay the chairman and...

        5. Trust funds and trustees

          1. 12.(1) The Secretary of State may by order provide for...

      2. Part 2 PCT orders

        1. 13.(1) A PCT order must specify— (a) the name of...

        2. 14.(1) A PCT order may provide for the establishment of...

      3. Part 3 Powers and duties

        1. General

          1. 15.(1) A Primary Care Trust may do anything which appears...

        2. Rights and liabilities

          1. 16.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        3. Powers of Primary Care Trusts to enter into externally financed development agreements

          1. 17.(1) The powers of a Primary Care Trust include power...

        4. Research

          1. 18.(1) A Primary Care Trust may conduct, commission or assist...

        5. Training

          1. 19.A Primary Care Trust may— (a) make officers available in...

        6. Specific duties

          1. 20.(1) As soon as is practicable after the end of...

          2. 21.Provision must be made by regulations requiring Primary Care Trusts...

        7. Compulsory acquisition

          1. 22.(1) A Primary Care Trust may be authorised to purchase...

        8. Dissolution

          1. 23.(1) The Secretary of State may, if a Primary Care...

      4. Part 4 Transfer of property

        1. 24.(1) The Secretary of State may by order (referred to...

        2. 25.(1) Stamp duty is not chargeable in respect of any...

      5. Part 5 Transfer of staff

        1. 26.(1) The Secretary of State may by order transfer to...

        2. 27.(1) The contract of employment of an employee transferred under...

        3. 28.(1) Where an employee will be transferred by an order...

        4. 29.Where a Primary Care Trust is dissolved, an order under...

    4. SCHEDULE 4

      NHS trusts established under section 25

      1. Part 1 Constitution, establishment, etc

        1. Status

          1. 1.Each NHS trust is a body corporate.

          2. 2.(1) An NHS trust must not be regarded as the...

        2. Board of directors

          1. 3.(1) Each NHS trust has a board of directors consisting...

        3. Regulations

          1. 4.(1) The Secretary of State may by regulations make provision...

        4. Provision to be made by first NHS trust order

          1. 5.(1) The first NHS trust order made in relation to...

        5. Temporary availability of staff etc.

          1. 6.(1) An NHS trust order may require a Strategic Health...

        6. Establishment of NHS trust prior to operational date

          1. 7.(1) An NHS trust order may provide for the establishment...

        7. Transfer of staff to NHS trusts

          1. 8.(1) This paragraph applies to any person who, immediately before...

        8. Transfer of property and liabilities to NHS trusts

          1. 9.(1) The Secretary of State may by order transfer, or...

        9. Trust funds and trustees

          1. 10.(1) The Secretary of State may by order provide for...

        10. Pay and allowances

          1. 11.(1) An NHS trust must pay— (a) to the chairman...

        11. Reports and other information

          1. 12.(1) For each accounting year an NHS trust must prepare...

          2. 13.An NHS trust must furnish to the Secretary of State...

      2. Part 2 Powers and duties

        1. General

          1. 14.(1) An NHS trust may do anything which appears to...

        2. NHS contracts

          1. 15.(1) In addition to carrying out its other functions, an...

        3. Research

          1. 16.An NHS trust may undertake and commission research and make...

        4. Training

          1. 17.An NHS trust may— (a) provide training for persons employed...

        5. Joint exercise of functions

          1. 18.An NHS trust may enter into arrangements for the carrying...

        6. Payment for accommodation or services

          1. 19.(1) According to the nature of its functions, an NHS...

        7. Additional income

          1. 20.(1) For the purpose of making additional income available in...

        8. Provision of accommodation and services outside England and Wales

          1. 21.An NHS Trust may arrange for the provision of accommodation...

        9. Conferral of further powers by order

          1. 22.The Secretary of State may by order confer specific powers...

        10. Powers of NHS trusts to enter into externally financed development agreements

          1. 23.(1) The powers of an NHS trust include power to...

        11. Agreements under section 92 or 107

          1. 24.An NHS trust may provide services under an agreement made...

        12. Staff

          1. 25.(1) An NHS trust may employ such staff as it...

        13. Pensions, etc.

          1. 26.(1) An NHS trust may, for or in respect of...

        14. Compulsory acquisition

          1. 27.(1) An NHS trust may be authorised to purchase land...

      3. Part 3 Dissolution

        1. 28.(1) The Secretary of State may by order dissolve an...

        2. 29.(1) If an NHS trust is dissolved under paragraph 28,...

        3. 30.(1) If an NHS trust is dissolved under paragraph 28,...

        4. 31.An NHS trust may not be dissolved or wound up...

      4. Part 4 Miscellaneous

        1. Use and development of consecrated land and burial grounds

          1. 32.Section 128 of the Town and Country Planning Act 1971...

        2. Instruments etc.

          1. 33.(1) The fixing of the seal of an NHS trust...

        3. Interpretation

          1. 34.In this Schedule— “provide” includes manage, “operational date” has the...

    5. SCHEDULE 5

      Financial provision about NHS trusts established under section 25

      1. Originating capital of NHS trusts

        1. 1.(1) Each NHS trust has an originating capital of an...

      2. Financial obligations of NHS trusts

        1. 2.(1) Each NHS trust must ensure that its revenue is...

      3. Borrowing

        1. 3.(1) For the purpose of its functions an NHS trust...

      4. Guarantees of borrowing

        1. 4.(1) The Secretary of State may guarantee, in such manner...

      5. Limits on indebtedness

        1. 5.The aggregate of all sums borrowed by NHS trusts which...

      6. Additional public dividend capital

        1. 6.The Secretary of State may, with the consent of the...

      7. Supplementary payments

        1. 7.(1) The Secretary of State may make a payment to...

      8. Surplus funds

        1. 8.If it appears to the Secretary of State that any...

      9. Investment

        1. 9.(1) An NHS trust has power to invest money held...

        2. 10.Any direction under section 8 with respect to—

    6. SCHEDULE 6

      Special Health Authorities established under section 28

      1. Corporate status

        1. 1.Each Special Health Authority is a body corporate.

      2. Pay and allowances

        1. 2.(1) The Secretary of State may pay to—

      3. Staff

        1. 3.(1) A Special Health Authority may employ such officers as...

        2. 4.(1) The Secretary of State must, before he makes regulations...

      4. Miscellaneous

        1. 5.Provision may be made by regulations as to—

        2. 6.Regulations made under this Schedule may make provision (including provision...

        3. 7.A Special Health Authority may pay subscriptions, of such amounts...

        4. 8.A Special Health Authority has power to accept gifts of...

        5. 9.(1) The Secretary of State may by order provide for...

        6. 10.The proceedings of a Special Health Authority are not invalidated...

        7. 11.(1) A Special Health Authority may— (a) make available at...

        8. 12.(1) Any rights acquired, or liabilities (including liabilities in tort)...

        9. 13.Provision may be made by regulations with respect to the...

    7. SCHEDULE 7

      Constitution of public benefit corporations

      1. Requirement for a constitution

        1. 1.(1) A public benefit corporation must have a constitution.

        2. 2.The constitution must name the corporation and, if the corporation...

      2. Eligibility for membership

        1. 3.(1) The persons who may become or continue as members...

      3. Constituencies

        1. 4.(1) Members of a public benefit corporation are referred to...

        2. 5.The constitution must require a minimum number of members of...

      4. Becoming a member

        1. 6.(1) An individual who is eligible to become a member...

      5. Board of Governors

        1. 7.(1) A public benefit corporation has a board of governors....

        2. 8.(1) The following may not become or continue as members...

        3. 9.(1) More than half of the members of the board...

        4. 10.(1) An elected member of the board of governors may...

        5. 11.The corporation may pay travelling and other expenses to members...

        6. 12.The constitution must provide for the chairman of the corporation...

        7. 13.(1) The constitution must provide for meetings of the board...

        8. 14.(1) The constitution must make provision as to—

      6. Directors

        1. 15.(1) A public benefit corporation has a board of directors....

        2. 16.(1) The board consists of— (a) executive directors, one of...

        3. 17.(1) It is for the board of governors at a...

        4. 18.(1) It is for the board of governors at a...

      7. Initial directors of former NHS trusts

        1. 19.(1) This paragraph applies, where the application for authorisation is...

      8. Register of members etc

        1. 20.(1) A public benefit corporation must have—

        2. 21.The constitution must make provision for dealing with conflicts of...

        3. 22.(1) A public benefit corporation must make the following documents...

      9. Auditor

        1. 23.(1) A public benefit corporation must have an auditor.

      10. Accounts

        1. 24.(1) A public benefit corporation must keep accounts in such...

        2. 25.(1) A public benefit corporation must prepare in respect of...

      11. Annual reports and forward plans

        1. 26.(1) A public benefit corporation must prepare annual reports and...

        2. 27.(1) A public benefit corporation must give information to the...

      12. Meeting of board of governors to consider annual accounts and reports

        1. 28.The following documents must be presented to the board of...

      13. Instruments etc

        1. 29.(1) The constitution must make provision for the authentication of...

    8. SCHEDULE 8

      Independent Regulator of NHS foundation Trusts

      1. Membership

        1. 1.(1) The regulator consists of a number of members (but...

      2. Tenure of office

        1. 2.(1) A person holds and vacates office as a member...

      3. Remuneration and pensions

        1. 3.(1) The regulator must pay to the chairman—

      4. Staff

        1. 4.The regulator may, after consulting the Minister for the Civil...

      5. Superannuation

        1. 5.(1) Sub-paragraph (2) applies where— (a) a person is an...

      6. Procedure

        1. 6.(1) The regulator may regulate its own procedure and make...

      7. Delegation of functions

        1. 7.Anything which the regulator is authorised or required to do...

      8. General powers

        1. 8.(1) The regulator may do anything which appears to it...

      9. Specific powers

        1. 9.(1) The regulator may with the consent of the Secretary...

      10. Finance

        1. 10.The Secretary of State may make contributions towards the regulator's...

      11. Reports and other information

        1. 11.(1) As soon as possible after the end of each...

        2. 12.(1) The regulator must keep accounts in such form as...

        3. 13.The regulator must respond in writing to any recommendation which—...

      12. Seal and evidence

        1. 14.The application of the regulator's seal must be authenticated by...

        2. 15.A document purporting to be duly executed under the regulator's...

      13. General

        1. 16.(1) The regulator must not be regarded as the servant...

    9. SCHEDULE 9

      NHS foundation trusts: transfer of staff

      1. 1.An order under section 54(4) may provide for the transfer...

      2. 2.The contract of employment of an employee transferred under such...

      3. 3.Where an employee is so transferred— (a) all the rights,...

      4. 4.But if the employee informs the trust or the proposed...

      5. 5.This Schedule does not affect any right of an employee...

      6. 6.In this Schedule, “date of transfer” means the date decided...

    10. SCHEDULE 10

      Audit of accounts of NHS foundation trusts

      1. General duty

        1. 1.In auditing the accounts of any NHS foundation trust an...

      2. Right to documents and information

        1. 2.(1) An auditor of an NHS foundation trust has a...

      3. Reports

        1. 3.In auditing the accounts of an NHS foundation trust, the...

        2. 4.(1) When an auditor of an NHS foundation trust has...

        3. 5.(1) Any report under paragraph 3 must be sent by...

      4. Referral to regulator

        1. 6.If the auditor of an NHS foundation trust has reason...

      5. Audit of accounts of directors or officers

        1. 7.(1) Where a director or officer of an NHS foundation...

      6. Restriction on disclosure of information

        1. 8.(1) No information relating to an NHS foundation trust or...

    11. SCHEDULE 11

      Pilot schemes

      1. How pilot schemes may be initiated

        1. 1.(1) A pilot scheme may be made—

      2. Preliminary steps to be taken

        1. 2.(1) Before making a pilot scheme, the Primary Care Trust...

      3. Approval

        1. 3.(1) If proposals for a pilot scheme are submitted under...

      4. Preliminary approval

        1. 4.(1) This paragraph applies if a Primary Care Trust proposes...

      5. Effect of proposals on existing services

        1. 5.(1) Proposals for a pilot scheme submitted under paragraph 2,...

      6. Guidance

        1. 6.The Secretary of State may issue guidance about the criteria...

      7. Making a scheme

        1. 7.(1) If the Secretary of State approves proposals for a...

    12. SCHEDULE 12

      LPS schemes

      1. Provision of local pharmaceutical services

        1. 1.(1) Primary Care Trusts may establish LPS schemes.

      2. Designation of priority neighbourhoods or premises

        1. 2.(1) The Secretary of State may make regulations allowing a...

      3. Regulations

        1. 3.(1) The Secretary of State may make regulations with respect...

    13. SCHEDULE 13

      The Family Health Services Appeal Authority

      1. Constitution

        1. 1.The Family Health Services Appeal Authority (“the FHSAA”) consists of—...

        2. 2.The number of the other members must be determined by...

        3. 3.A person appointed as the President must have a 10...

        4. 4.The qualifications which the other members must have in order...

        5. 5.Each person appointed under paragraph 1— (a) must hold and...

        6. 6.(1) The other members must include at least one—

      2. Procedure

        1. 7.The procedure of the FHSAA is as it determines, subject...

        2. 8.The functions of the FHSAA must be exercised by panels...

        3. 9.Subject to paragraph 10, at least one member of each...

        4. 10.(1) In the case of a panel constituted for the...

        5. 11.Where a panel has more than one member—

        6. 12.The FHSAA must— (a) give notice of a panel's decision...

        7. 13.The following decisions fall within this paragraph—

        8. 14.The FHSAA may publish a decision not falling within paragraph...

        9. 15.The Lord Chancellor may make rules as to—

        10. 16.The Lord Chancellor must make rules— (a) giving each party...

        11. 17.Rules under this Schedule may, in particular, make provision—

        12. 18.No person may be required by virtue of any such...

      3. Miscellaneous

        1. 19.(1) The President must, in respect of each period of...

        2. 20.The President must arrange such training for himself and the...

      4. Interpretation

        1. 21.In this Schedule— “practitioner” means the person whose case is...

      5. Interpretation: Provisions under the National Health Service (Wales) Act 2006 (c. 42)

        1. 22.In this Schedule— (a) references to section 91 include references...

    14. SCHEDULE 14

      Further provision about the expenditure of Primary Care Trusts

      1. Pharmaceutical services expenditure

        1. 1.(1) In sections 228 to 230 and this Schedule, “pharmaceutical...

      2. Main expenditure

        1. 2.(1) In section 228 “main expenditure”, in relation to a...

        2. 3.(1) For each financial year, the Secretary of State must...

      3. Interpretation

        1. 4.(1) In this Schedule— “designated” means designated in writing by...

    15. SCHEDULE 15

      Accounts and audit

      1. NHS bodies

        1. 1.(1) The following are NHS bodies for the purposes of...

      2. Accounts to be kept by NHS bodies

        1. 2.(1) Each NHS body must keep proper accounts and proper...

      3. Preparation of annual accounts

        1. 3.(1) Each NHS body must prepare in respect of each...

      4. Auditing of accounts of certain NHS bodies

        1. 4.(1) This paragraph applies to any NHS body that is...

      5. Transmission of annual accounts

        1. 5.(1) Each NHS body that is not a Special Health...

      6. Auditing of certain Special Health Authority accounts by Comptroller and Auditor General

        1. 6.(1) This paragraph applies where a Special Health Authority that...

      7. Summarised accounts of NHS bodies other than Special Health Authorities

        1. 7.(1) This paragraph applies in relation to NHS bodies that...

      8. Exceptions for accounts of charitable trusts

        1. 8.(1) For the purposes of this paragraph a “relevant charitable...

      9. Exceptions for accounts of non-charitable trusts

        1. 9.(1) For the purposes of this paragraph a “relevant non-charitable...

    16. SCHEDULE 16

      The Commission for Patient and Public Involvement in Health

      1. Status

        1. 1.The Commission for Patient and Public Involvement in Health (“the...

      2. Powers

        1. 2.(1) Subject to any directions given by the Secretary of...

      3. Membership

        1. 3.The Commission consists of a chairman appointed by the Secretary...

      4. Appointment, procedure etc

        1. 4.(1) The Secretary of State may by regulations make provision...

        2. 5.The regulations may include provision applying, or corresponding to, any...

      5. Remuneration and allowances

        1. 6.(1) The Commission may pay to its chairman and to...

      6. Staff

        1. 7.(1) There is a Chief Executive of the Commission who...

      7. Delegation of functions

        1. 8.The Commission may arrange for the discharge of any of...

      8. Assistance

        1. 9.(1) The Commission may arrange for such persons as it...

      9. Payments and loans to the Commission

        1. 10.(1) The Secretary of State may make payments to the...

      10. Accounts and audit

        1. 11.(1) The Commission must keep accounts in such form as...

      11. Reports and other information

        1. 12.(1) The Commission must— (a) prepare a report in relation...

      12. Application of seal and evidence

        1. 13.The application of the seal of the Commission must be...

        2. 14.A document purporting to be duly executed under the seal...

    17. SCHEDULE 17

      Exempt information relating to health services

      1. Part 1 Descriptions of exempt information

        1. 1.Information relating to a particular employee, former employee or applicant...

        2. 2.Information relating to any particular occupier or former occupier of,...

        3. 3.Information relating to any particular applicant for, or recipient or...

        4. 4.Information relating to any particular applicant for, or recipient or...

        5. 5.The amount of any expenditure proposed to be incurred by...

        6. 6.Any terms proposed or to be proposed by or to...

        7. 7.The identity of a relevant body (as well as of...

        8. 8.Information relating to any consultations or negotiations, or contemplated consultations...

        9. 9.Any instructions to counsel and any opinion of counsel (whether...

        10. 10.Information relating to a particular person who was included in...

        11. 11.Information relating to a particular person who is, or was...

        12. 12.Information relating to a particular person who—

        13. 13.(1) Information relating to a particular person who—

        14. 14.Information relating to any particular employee, former employee, or applicant...

        15. 15.Information relating to the physical or mental health of a...

      2. Part 2 Qualifications

        1. 16.Information relating to a person of a description specified in...

        2. 17.Information falling within paragraph 5 of Part 1 is exempt...

        3. 18.Information falling within paragraph 6 of Part 1 is exempt...

        4. 19.Information falling within paragraph 8 of Part 1 is exempt...

      3. Part 3 Interpretation

        1. 20.In this Schedule— “disposal”, in relation to property, includes the...

    18. SCHEDULE 18

      Section 75 arrangements: transfer of staff

      1. Application of Schedule

        1. 1.This Schedule applies where, under any arrangements under regulations under...

      2. Orders transferring staff

        1. 2.(1) The Secretary of State may by order transfer to...

      3. Effect of order on contracts of employment

        1. 3.(1) The contract of employment of an employee transferred by...

      4. Effect of order on pension rights

        1. 4.(1) An order under paragraph 2 may provide that, in...

      5. Divided employments

        1. 5.(1) Where an employee will be transferred by an order...

    19. SCHEDULE 19

      Further provision about standing advisory committees

      1. 1.Regulations may make provision with respect to—

      2. 2.The Secretary of State must appoint a secretary to each...

      3. 3.Each standing advisory committee may appoint such sub-committees as it...

      4. 4.Any such sub-committee may include persons who are not members...

      5. 5.Each standing advisory committee must elect one of the members...

      6. 6.Each standing advisory committee has power to regulate its own...

      7. 7.The proceedings of a standing advisory committee are not invalidated...

      8. 8.The Secretary of State may make such payments in respect...

      9. 9.The Secretary of State may pay to the members of...

      10. 10.Payments under this Schedule are subject to such conditions as...

    20. SCHEDULE 20

      Further provision about local social services authorities

      1. Care of mothers and young children

        1. 1.A local social services authority may, with the Secretary of...

      2. Prevention, care and after-care

        1. 2.(1) A local social services authority may, with the Secretary...

      3. Home help and laundry facilities

        1. 3.(1) Each local social services authority— (a) must provide or...

      4. Research

        1. 4.(1) A local social services authority may conduct or assist...

    21. SCHEDULE 21

      Prohibition of sale of medical practices

      1. Prohibition, and certificate of the Secretary of State

        1. 1.(1) Any person who sells or buys the goodwill of...

      2. Certain transactions deemed sale of goodwill

        1. 2.(1) For the purposes of section 259 and paragraph 1,...

      3. Consideration

        1. 3.(1) In determining for the purposes of section 259 and...

      4. Carried-over goodwill

        1. 4.The fact that a person's medical practice was previously carried...

      5. Interpretation

        1. 5.In section 259 and this Schedule, unless the context otherwise...

    22. SCHEDULE 22

      Control of maximum prices for medical supplies

      1. Orders and directions

        1. 1.(1) An order under section 260 may make such provision...

      2. Notices, authorisations and proof of documents

        1. 2.(1) A notice to be served on any person for...

      3. Territorial extent

        1. 3.(1) Provisions in or having effect under section 260 or...

      4. False documents and false statements

        1. 4.(1) A person must not, with intent to deceive—

      5. Restrictions on disclosing information

        1. 5.No person who obtains any information by virtue of section...

        2. 6.Paragraph 5 does not apply if— (a) the person who...

      6. Offences by corporations

        1. 7.(1) Where an offence under section 260 or this Schedule...

      7. Penalties

        1. 8.(1) A person who contravenes or fails to comply with—...

      8. Production of documents

        1. 9.(1) For the purposes of— (a) securing compliance with any...

        2. 10.(1) A justice of the peace may issue a warrant...

      9. Penalties for offences: transitional modification for England and Wales

        1. 11.(1) In relation to an offence committed in England and...

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