National Health Service Act 2006 (c. 41)

Part 1 E+W Promotion and provision of the health service in England

[F1 Direct payments for health care E+W

Textual Amendments

F1 Ss. 12A-12D and cross-heading inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 11, 40(1); S.I. 2010/30, art. 2(b)

12A Direct payments for health care E+W

(1) The Secretary of State [F2 , the Board, a clinical commissioning group or a local authority] may, for the purpose of securing the provision to a patient of anything to which this subsection applies, make payments, with the patient's consent, to the patient or to a person nominated by the patient.

(2) Subsection (1) applies to—

[F3 (a) anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1;]

[F4 (aa) anything that the Board or a clinical commissioning group may or must arrange for the provision of under this Act or any other enactment.]

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (1) is subject to any provision made by regulations under section 12B.

(4) If regulations so provide, [F6 a clinical commissioning group] may, for the purpose of securing the provision for a patient of services that [F7 the group] must provide under section 117 of the Mental Health Act 1983 (after-care), make payments, with the patient's consent, to the patient or to a person nominated by the patient [F8 ; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.]

(5) A payment under subsection (1) F9 ... is referred to in this Part as a “direct payment”.

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.]]

Textual Amendments

F2 Words in s. 12A(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 12A(2)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 12A(2)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 S. 12A(2)(b)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Words in s. 12A(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 12A(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Words in s. 12A(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(4)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 Words in s. 12A(5) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 S. 12A(6) repealed (E.) (1.8.2013) by The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013 (S.I. 2013/1563), arts. 1, 2

F11 S. 12A(7) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 10(6); S.I. 2013/160, art. 2(2) (with arts. 7-9)