Health Act 2009

2 Duty to have regard to NHS Constitution

(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.