Explanatory Notes

Health Act 2009

2009 CHAPTER 21

12 November 2009

Commentary on Sections

Part 1 – Quality and Delivery of NHS Services

Chapter 1 - NHS Constitution
Section 4: Other revisions of NHS Constitution

93.In addition to any revisions that follow a review, the Secretary of State is able to revise the NHS Constitution from time to time. However, the Secretary of State will be obliged to undertake appropriate consultation – with patients, staff, members of the public and other persons who are affected by the revision – before any such revision.

94.As in section 3, any revision to the guiding principles in the NHS Constitution (though not to the other parts of the Constitution) must first be set out in regulations made by the Secretary of State. Those regulations will be subject to the negative resolution procedure.

95.After any revision, the Secretary of State must republish the NHS Constitution.