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Health Act 2009

Overview of the Structure

4.The Act contains provisions on a range of policies. Part 1 contains provisions arising directly from the NHS Next Stage Review regarding quality and delivery of NHS services.

5.Part 1 establishes a framework for the NHS Constitution, requires NHS providers to publish Quality Accounts, enables direct payments for health care to be made to patients (initially as part of a pilot scheme) and enables payments as prizes to be made to promote innovation in the provision of health services in England.

6.Part 2 confers powers in relation to health bodies following a Government review of the NHS performance regime. It contains provisions enabling de-authorisation of NHS foundation trusts, provisions enabling the appointment of trust special administrators and provisions relating to suspension of Ministerial and other appointees to NHS and other health bodies.

7.Part 3 contains miscellaneous provisions relating to advertising and display of tobacco products and the sale of such products from vending machines, pharmaceutical services, private patient income of mental health foundation trusts, payments in respect of the costs of optical appliances, a complaints procedure for privately arranged or funded adult social care, and the disclosure of information relating to general medical practitioners (GPs) or dental practitioners by Her Majesty’s Revenue and Customs (HMRC).

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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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