Health And Care Act 2022

Annex A – Territorial extent and application in the United Kingdom

Subject matter and legislative competence of devolved legislatures

1328. In the opinion of the UK Government, the subject matter of the Act is within the devolved competence of the Welsh, Scottish and Northern Irish legislatures because it relates to health. Health policy and funding are controlled by the respective Devolved Administrations.
1329. Health is within the competence of Senedd Cymru because it is not a reserved matter under Schedule 7A of the Government of Wales Act 2006. It is within the competence of the Scottish Parliament because it is not a reserved matter under Schedule 5 of the Scotland Act 1998. It is within the competence of the Northern Ireland Executive because it is neither reserved under Schedule 3 to the Northern Ireland Act 1998 nor excepted under Schedule 2 to that Act.
1330. The exceptions are:

• Section 168: Regulation of healthcare and associated professions. Professional regulation is reserved under the Scotland Act 1998 with the exception of professions brought into regulation since the Scotland Act 1998 including any professions brought into regulation in the future. Professional regulation of healthcare workers is an entirely reserved matter under the Wales Act 2006. Not excepted are orders in council made under section 60 of the Health Act 1999 to bring into regulation groups of workers who are concerned with physical or mental health of individuals, but who are not generally regarded as a profession.
• Section 125: Restriction of statutory powers requiring disclosure. This section prevents a UK wide power relating to reserved areas being used to require disclosure of, or to seize, any protected material from the HSSIB and therefore would be outside the legislative competence of the devolved legislatures.
• Sections 113 and 114. These could have some practical effect in Wales as a result of a request for assistance or agreement in relation to section 111 or 112, but this would not involve any devolved legislation being affected.

• Section 172 and Schedule 17: Advertising of less healthy food and drink. While food and health are within devolved competence in all three devolution settlements, Internet services and broadcasting matters are reserved in all three settlements (sections C10 and K1 of Schedule 5 to the Scotland Act 1998, sections C9 and K1 of Schedule 7A to the Government of Wales Act 2006 and Paragraph 29 of Schedule 3 to the Northern Ireland Act 1998).