Health Act 2009

Prospective

Chapter 1 E+W NHS Constitution

1 NHS Constitution E+W

(1) In this Chapter the “NHS Constitution” means—

(a) the document entitled “The NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b) any revised version of that document published under section 3 or 4.

(2) In this Chapter the “Handbook” means—

(a) the document entitled “The Handbook to the NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b) any revised version of that document published under section 5.

2 Duty to have regard to NHS Constitution E+W

(1) Each of the bodies listed in subsection (2) must, in performing its NHS functions, have regard to the NHS Constitution.

(2) The bodies are—

(a) Strategic Health Authorities;

(b) Primary Care Trusts;

(c) National Health Service trusts;

(d) Special Health Authorities;

(e) NHS foundation trusts;

(f) the Independent Regulator of NHS Foundation Trusts;

(g) the Care Quality Commission.

(3) In subsection (1) an “NHS function” means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of NHS services.

(4) Each person who—

(a) provides NHS services under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), or

(b) provides or assists in providing NHS services under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41),

must, in doing so, have regard to the NHS Constitution.

(5) Each person who—

(a) in pursuance of a contract, agreement or arrangements as mentioned in subsection (4)(a) or (b), makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing NHS services, or

(b) provides or assists in providing NHS services under sub-contracting arrangements,

must, in doing so, have regard to the NHS Constitution.

(6) The enactments referred to in subsection (4)(a) are the following provisions of the National Health Service Act 2006—

(a) section 83(2)(b) (arrangements made by PCTs for provision of primary medical services);

(b) section 84(1) (general medical services contracts);

(c) section 92 (other arrangements for the provision of primary medical services);

(d) section 100(1) (general dental services contracts);

(e) section 107(1) (other arrangements for the provision of primary dental services);

(f) section 117(1) (general ophthalmic services contracts);

(g) section 126(1) (pharmaceutical services);

(h) section 127(1) (additional pharmaceutical services);

(i) Schedule 12 (local pharmaceutical services schemes).

(7) In this Chapter “NHS services” means health services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006.

(8) References in this section to the provision of services include references to the provision of services jointly with another person.

3 Availability and review of NHS Constitution E+W

(1) The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.

(2) At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).

(3) The following must be consulted about the NHS Constitution on a 10 year review—

(a) patients and bodies or other persons representing patients,

(b) staff and bodies or other persons representing staff,

(c) carers,

(d) local authorities,

(e) members of the public,

(f) the bodies and persons listed in section 2(2), (4) and (5), and

(g) such other persons as the Secretary of State considers appropriate.

(4) The first 10 year review must be completed not later than 5 July 2018.

(5) The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(6) The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.

(7) In this Chapter—

• “carers” means persons who, as relatives or friends, care for other persons to whom NHS services are being provided;

• “the guiding principles” means—

  (a)

  the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or

  (b)

  any revised version of those principles set out in the NHS Constitution published under this section or section 4;

• “patients” means persons to whom NHS services are being provided;

• “staff” means—

  (a)

  persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of NHS services;

  (b)

  persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of NHS services or assistance or the making of arrangements as mentioned in the subsection in question.

(8) For the purposes of subsection (3), each of the following is a local authority—

(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 Common Council of the City of London;

(e) the Council of the Isles of Scilly.

4 Other revisions of NHS Constitution E+W

(1) This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).

(2) Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.

(3) The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.

(4) The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(5) The Secretary of State must publish the NHS Constitution after any revision.

5 Availability, review and revision of Handbook E+W

(1) The Secretary of State must ensure that the Handbook continues to be available to patients, staff and members of the public.

(2) At least once in any period of 3 years the Secretary of State must carry out a review of the Handbook.

(3) The first review must be completed not later than 5 July 2012.

(4) The Secretary of State must publish the Handbook after any revision (whether made as a result of a review under this section or otherwise).

6 Report on effect of NHS Constitution E+W

(1) The Secretary of State must publish a report every 3 years on how the NHS Constitution has affected patients, staff, carers and members of the public, since the last report was produced under this subsection.

(2) The first report must be published not later than 5 July 2012.

(3) The Secretary of State must lay before Parliament a copy of each report under subsection (1).

7 Regulations under section 3 or 4 E+W

(1) The power to make regulations under section 3 or 4 is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament.