Part 1

Quality and delivery of health services in England
Chapter 1

NHS Constitution

Duty to have regard to NHS Constitution
2
1
Each of the bodies listed in subsection (2) must, in performing its health service functions, have regard to the NHS Constitution.
2
The bodies are—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ca
the National Health Service Commissioning Board;
cb
clinical commissioning groups;
cc
local authorities (within the meaning of section 2B of the National Health Service Act 2006);
c
National Health Service trusts;
d
Special Health Authorities;
da
the National Institute for Health and Care Excellence;
db
the Health and Social Care Information Centre;
e
NHS foundation trusts;
f
Monitor;
g
the Care Quality Commission.
3
In subsection (1) a “health service function” means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of health services.
4
Each person who—
za
provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,
a
provides health services under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), ...
b
provides or assists in providing health services under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41), or
c
provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.
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)(za), (a), (b) or (c), makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing health services, or
b
provides or assists in providing health 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 “health 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.
S. 2 in force at 19.1.2010 by S.I. 2010/30, art. 2(a)
S. 2(2)(f) substituted (1.7.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 18; S.I. 2012/1319, art. 2(3)
S. 2(2)(ca)-(cc) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(c); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in Pt. 1 heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(2)(da) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 13; S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(2)(db) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 19 para. 12; S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(4)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Word in s. 2(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(4)(za) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 2(4)(c) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(5)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 175(6); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(5)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 2(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 174(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)