Health And Care Act 2022

Part 7: General

This section provides a power which allows the Secretary of State, by regulations, to make provision that is consequential on this Act.
In particular, the power may be used to amend, repeal, revoke or otherwise modify any provision within this Act or any provision made by or under primary legislation passed either before this Act is passed or later in the same Parliamentary session (subsection (2)).
Where regulations modify primary legislation, the affirmative parliamentary procedure must be used. Otherwise, the regulations can be made under the negative parliamentary procedure. This provision may be used to amend primary legislation passed in any part of the United Kingdom (subsection (3)).

Subsection (1) provides that where regulations are made under this Act, those regulations may make consequential, supplementary, incidental, transitional or saving provision. Subsection (1)(b) also allows regulations to make different provision for different purposes.
Subsection (2) enables regulations made under the sections listed to make different provision for England, Wales, Scotland or Northern Ireland.
Subsection (3) clarifies that regulations under this Act are to be made by statutory instrument.
Subsection (4) specifies that regulations made under the following powers in the Act must be subject to the affirmative parliamentary procedure:
- Section 20 (4) regarding integrated care board responsibility
- Section 92 regarding information about payments etc to persons in the health care sector
- Section 103 and 104 regarding the power to transfer functions between Arm’s Length Bodies Section 123 regarding exceptions to HSSIB’s prohibition on disclosure
- Section 180 regarding licensing of cosmetic regulation
- Section 182 if any regulations are laid using this power to amend Primary legislation.

Subsection (6) provides that this section does not apply to commencement regulations.

This section deals with the further financial provision necessary as a result of the Act.

This section sets out the territorial extent of the Act, that is the jurisdictions within which the Act forms part of the law.
Subsection (1) provides that the Act extends to England and Wales only with the exception of sections specified in subsections (2), (3)) and (4). In addition, subsection (5) provides that an amendment, repeal or revocation made by this Act has the same extent as the provision it is amending, repealing or revoking.
Subsection (2) sets out that the following sections of the Act extend to England and Wales, Scotland and Northern Ireland:
- Part 1: paragraph 1(3) or (4) of Schedule 1 (renaming of NHS Commissioning Board);
- Part 2: Sections 92 to 94 (information about payments etc. to persons in the health care sector);
- Part 3 (Secretary of State’s powers to transfer or delegate functions);Part 4: section 125 (restriction of statutory powers requiring disclosure;
- Part 6: section 171 and Part 2 of Schedule 17 (storage of gametes and embryos);
- Part 7.)

Subsection (3) sets out that the following sections apply to Scotland only:
- Sections 140 to 143 (offences relating to virginity testing);
- Sections 152 to 155 (offences relating to hymenoplasty).

Subsection (4) sets out that the following sections apply to Northern Ireland only:
- Sections 144 to 147 (offences relating to virginity testing);
- Sections 156 to 159 (offences relating to hymenoplasty).

This section provides that Part 7 of the Act come into force on the day that this Act is passed. These are the general provisions (dealing with consequential amendments, regulations, extent, commencement and the Act’s title).
Subsection (2) provides that section 161(2), which relates to pharmaceutical services, comes into force when Welsh Ministers appoint so by regulations.
Section 171 and Schedule 17 (storage of gametes and embryos) to come into force on 1 July 2022. While Section 172 and Schedule 18 (advertising of less healthy food and drink) come into force 28 June 2022. Section 179 will come into force on 28 July 2022.
The remaining provisions of the Act come into force on the day or days specified by the Secretary of State in regulations. There is a power to make regulations which include transitional or saving provisions in connection with the coming into force of any provision of the Act. The Welsh Ministers also have a power to make regulations to make transitional or saving provision in respect of section 161(2).