Health Act 2009 (c. 21)

Part 1 E+W Quality and delivery of NHS services in England

Chapter 1 E+W NHS Constitution

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.

Commencement Information

I1 S. 3 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)