Health and Social Care Act 2012 - Legislation.gov.uk

1 Health and Social Care Act 2012 CHAPTER 7 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately and Social Care Act 2012 CHAPTER 7 CONTENTSPART 1 THE Health SERVICE IN ENGLANDThe Health service: overview1 Secretary of State s duty to promote comprehensive Health service2 The Secretary of State s duty as to improvement in quality of services3 The Secretary of State s duty as to the NHS Constitution4 The Secretary of State s duty as to reducing inequalities5 The Secretary of State s duty as to promoting autonomy6 The Secretary of State s duty as to research7 The Secretary of State s duty as to education and training8 Secretary of State s duty as to reporting on and reviewing treatment ofproviders9 The NHS Commissioning Board10 Clinical commissioning groupsArrangements for provision of Health services11 The Secretary of State s duty as to protection of public health12 Duties as to improvement of public health13

2 Duties of clinical commissioning groups as to commissioning certain healthservices14 Power of clinical commissioning groups as to commissioning certain healthservices15 Power to require Board to commission certain Health services16 Secure psychiatric services17 Other services etc. provided as part of the Health service18 Regulations as to the exercise by local authorities of certain public healthfunctions19 Regulations relating to EU obligationsHealth and Social Care Act 2012 (c. 7)ii20 Regulations as to the exercise of functions by the Board or clinicalcommissioning groups21 Functions of Special Health Authorities22 Exercise of public Health functions of the Secretary of StateFurther provision about the Board23 The NHS Commissioning Board: further provision24 Financial arrangements for the BoardFurther provision about clinical commissioning groups25 Clinical commissioning groups: establishment commissioning groups.

3 General duties arrangements for clinical commissioning groups28 Requirement for primary medical services provider to belong to clinicalcommissioning groupFurther provision about local authorities role in the Health service29 Other Health service functions of local authorities under the 2006 Act30 Appointment of directors of public health31 Exercise of public Health functions of local authorities32 Complaints about exercise of public Health functions by local authoritiesAbolition of Strategic Health Authorities and Primary Care Trusts33 Abolition of Strategic Health Authorities34 Abolition of Primary Care TrustsFunctions relating to fluoridation of water35 Fluoridation of water supplies36 Procedural requirements in connection with fluoridation of water supplies37 Fluoridation of water supplies: transitional provisionFunctions relating to mental Health matters38 Approval functions39 Discharge of patients40 After-care41 Provision of pocket money for in-patients42 Transfers to and from special hospitals43 Independent mental Health advocates44 Patients correspondence45 Notification of hospitals having arrangements for special casesEmergency powers46 Role of the Board and clinical commissioning groups in respect ofemergencies47 Secretary of State s emergency powersHealth and Social Care Act 2012 (c.)

4 7)iiiMiscellaneous48 New Special Health Authorities49 Primary care services: directions as to exercise of functions50 Charges in respect of certain public Health functions51 Pharmaceutical services expenditure52 Secretary of State s duty to keep Health service functions under review53 Secretary of State s annual report54 Certification of death55 Amendments related to Part 1 and transitional provisionPART 2 FURTHER PROVISION ABOUT PUBLIC HEALTH56 Abolition of Health Protection Agency57 Functions in relation to biological substances58 Radiation protection functions59 Repeal of AIDS (Control) Act 198760Co-operation with bodies exercising functions in relation to public healthPART 3 REGULATION OF Health AND ADULT Social CARE SERVICESCHAPTER 1 MONITOR61 Monitor62 General duties63 Secretary of State s guidance on duty under section 62(9)64 General duties: supplementary65 Power to give Monitor functions relating to adult Social care services66 Matters to have regard to in exercise of functions67 Conflicts between functions68 Duty to review regulatory burdens69 Duty to carry out impact assessments70 Information71 Failure to perform functionsCHAPTER 2 COMPETITION72 Functions under the competition Act 199873 Functions under Part 4 of the Enterprise Act 200274 competition functions.

5 Supplementary75 Requirements as to procurement, patient choice and competition76 Requirements under section 75: investigations, declarations and directions77 Requirements under section 75: undertakings78 Guidance79 Mergers involving NHS foundation trusts80Co-operation with the Office of Fair TradingHealth and Social Care Act 2012 (c. 7)ivCHAPTER 3 LICENSINGL icensing requirement81 Requirement for Health service providers to be licensed82 Deemed breach of requirement to be licensed83 Exemption regulations84 Exemption regulations: supplementaryLicensing procedure85 Application for licence86 Licensing criteria87 Grant or refusal of licence88 Application and grant: NHS foundation trusts89 Revocation of licence90 Right to make representations91 Notice of decisions92 Appeals to the Tribunal93 Register of licence holdersLicence conditions94 Standard conditions95 Special conditions96 Limits on Monitor s functions to set or modify licence conditions97 Conditions.

6 Supplementary98 Conditions relating to the continuation of the provision of services of commissioners where continuation of services at risk100 Modification of standard conditions101 Modification references to the competition Commission102 Modification of conditions by order under other enactments103 Standard condition as to transparency of certain criteriaEnforcement104 Power to require documents and information105 Discretionary requirements106 Enforcement undertakings107 Further provision about enforcement powers108 Guidance as to use of enforcement powers109 Publication of enforcement action110 Notification of enforcement actionTransitional provision111 Imposition of licence conditions on NHS foundation trusts112 Duration of transitional period113 Orders under section 112: criteria for deciding applicable trusts114 Repeal of sections 112 and 113 Health and Social Care Act 2012 (c.)

7 7)vCHAPTER 4 PRICING115 Price payable by commissioners for NHS services116 The national tariff117 The national tariff: further provision118 Consultation on proposals for the national tariff119 Consultation: further provision120 Responses to consultation121 Determination on reference under section 120122 Changes following determination on reference under section 120123 Power to veto changes proposed under section 122124 Local modifications of prices: agreements125 Local modifications of prices: applications126 Applications under section 125: notification of commissioners127 Correction of mistakesCHAPTER 5 Health SPECIAL ADMINISTRATION128 Health special administration orders129 Objective of a Health special administration130 Health special administration regulations131 Transfer schemes132 Indemnities133 Modification of this Chapter under Enterprise Act 2002 CHAPTER 6 FINANCIAL ASSISTANCE IN SPECIAL ADMINISTRATION CASESE stablishment of mechanisms134 Duty to establish mechanisms for providing financial assistance135 Power to establish fundApplications for financial assistance136 Applications137 Grants and loansCharges on commissioners138 Power to impose charges on commissionersLevy on providers139 Imposition of levy140 Power of Secretary of State to set limit on levy

8 And charges141 Consultation142 Responses to consultation143 Amount payableHealth and Social Care Act 2012 (c. 7)viSupplementary144 Investment principles and reviews145 Borrowing146 Shortfall or excess of available funds, 7 MISCELLANEOUS AND GENERAL147 Secretary of State s duty as respects variation in provision of Health services148 Service of documents149 Electronic communications150 Interpretation, transitional provision and consequential amendmentsPART 4 NHS FOUNDATION TRUSTS & NHS TRUSTSG overnance and management151 Governors152 Directors153 Members154 Accounts: initial arrangements155 Accounts: variations to initial arrangements156 Annual report and forward plan157 Meetings158 VotingFoundation trust status159 Authorisation160 Bodies which may apply for foundation trust status161 Amendment of constitution162 Panel for advising governorsFinance163 Financial powers and services165 Private Health care166 Information167 Significant transactionsMergers, acquisitions, separations and dissolution168 Mergers169 Acquisitions170 Separations171 Dissolution172 SupplementaryHealth and Social Care Act 2012 (c.)

9 7)viiFailure173 Repeal of de-authorisation provisions174 Trust special administrators175 Objective of trust special administration176 Procedure following final report178 Sections 174 to 177: supplementaryAbolition of NHS trusts179 Abolition of NHS trusts in England180 Repeal of provisions on authorisation for NHS foundation trustsPART 5 PUBLIC INVOLVEMENT AND LOCAL GOVERNMENTCHAPTER 1 PUBLIC INVOLVEMENTH ealthwatch England181 Healthwatch EnglandLocal Healthwatch organisations182 Activities relating to local care services183 Local authority arrangements184 Local arrangements: power to make further provision185 Independent advocacy services186 Requests, rights of entry and referrals187 Annual reports188 Transitional arrangements189 Consequential provisionCHAPTER 2 LOCAL GOVERNMENTS crutiny functions of local authorities190 Scrutiny functions of local authorities191 Amendments consequential on section 190 Joint strategic needs assessments and strategies192 Joint strategic needs assessments193 Joint Health and wellbeing strategiesHealth and Wellbeing Boards: establishment194 Establishment of Health and Wellbeing BoardsHealth and Social Care Act 2012 (c.

10 7)viiiHealth and Wellbeing Boards: functions195 Duty to encourage integrated working196 Other functions of Health and Wellbeing BoardsHealth and Wellbeing Boards: supplementary197 Participation of NHS Commissioning Board198 Discharge of functions of Health and Wellbeing Boards199 Supply of information to Health and Wellbeing BoardsCare Trusts200 Care TrustsCHAPTER 3 THE Health SERVICE COMMISSIONER FOR ENGLAND201 Disclosure of reports etc. by the Health Service CommissionerPART 6 PRIMARY CARE SERVICES202 Medical services: minor amendments203 Persons eligible to enter into general dental services contracts204 Arrangements under section 107 of the National Health Service Act 2006205 Payments in respect of costs of sight tests206 Pharmaceutical needs assessments207 Control of entry on pharmaceutical lists208 Lists of performers of pharmaceutical services and assistants 7 REGULATION OF Health AND Social CARE WORKERSO rders under section 60 of the Health Act 1999209 Power to regulate Social workers etc.