National Health Service Act 2006

Part 14E+WSupplementary

271Territorial limit of exercise of functionsE+W

(1)The functions of a Minister of the Crown under this Act are exercisable only in relation to England.

(2)“Minister of the Crown” includes the Treasury.

(3)Subsection (1) does not apply in relation to—

(a)section 8(1) (directions to [F1certain] health service bodies) to such extent as it allows directions to be given in respect of matters concerning xenotransplantation, surrogacy agreements, embryology or human genetics,

(b)Chapter 5 of [F2Part 2] (NHS foundation trusts),

[F3(c)section 169(3) (power of the Secretary of State to direct that the First-tier Tribunal exercise functions in relation to appeals),]

(d)section 235 (superannuation of officers of certain hospitals),

[F4(da)section 247B (co-operation in relation to public health functions),]

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)[F8section] 251 (control of patient information) F9... ,

(h)Schedule 21 (prohibition as to the sale of medical practices),

(i)section 260 F10... (control of maximum price of medical supplies other than health service medicines) and sections 261 to 266 (control of prices of medicines and profits),

and section 272(7) and (8), to the extent that they apply in relation to a provision mentioned in any of paragraphs (a) to (i).

[F11271AServices to be treated as services of the Crown for certain purposesE+W

(1)Services to which this section applies are to be treated as services of the Crown for the purposes of—

(a)Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.), and

(b)sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).

(2)This section applies to services provided in pursuance of—

(a)the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or

(b)the public health functions of a local authority.]

272Orders, regulations, rules and directionsE+W

(1)This section does not apply to—

(a)Chapter 5 of Part 2 (as to which, see section 64), and

(b)Part 10 (as to which, see section 209).

(2)Subject to subsection (3), any power under this Act to make an order, rules or regulations is exercisable by statutory instrument.

(3)Subsection (2) does not apply to an order under—

(a)section 66(2),

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 211(4),

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)paragraph 9, 27 or 29 of Schedule 4, or

(f)paragraph 2 of Schedule 18.

(4)Subject to subsections (5)[F14, (6) and (6A)] , a statutory instrument made by virtue of this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subsection (4) does not apply to a statutory instrument containing F15... an order under—

[F16(za)section 14A(1),]

(a)section 25,

F17[F18(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab)section 65B(1), [F1965D(2),] F20... 65J(2), [F2165KC(3),] [F2265L(2) or (7), 65LA(3)] , or 65V(2),]

(b)Schedule 4, or

(c)paragraph 1(1) of Schedule 5.

(6)A statutory instrument containing—

[F23(zza)regulations under section 3(1D),]

[F24(zzb)regulations under section 6C(1) or (2),]

[F25(zzc)regulations under section 6E, except where they do not include provision by virtue of subsection (7)(c) of that section,]

[F26(zzd)regulations under section 7(1C),]

[F27(za)an order under section 12C(8) or (10),]

[F28(zb)regulations under section 13Z1,]

[F29(zc)an order under section 28 which varies such an order as mentioned in section 28A(5),]

[F30(zd)regulations under section 186A(4),]

(a)regulations under section 251, except where they are made by virtue of subsection (5)(b) of that section,

[F31(aa)the first order under section 260,]

(b)an order under section 265(10), or

(c)an order under section 193(4),

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

[F32(6ZA)The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under Chapter 5A as if the regulator were a Minister of the Crown.]

[F33(6A)A statutory instrument containing an order under section F34... 65B(1), [F3565D(2),] F36... 65J(2), [F3765KC(3),] 65L(2) or [F38(7)] [F39, 65LA(3)] or 65V(2) must be laid before Parliament after it is made.]

(7)Any power under this Act to make orders, rules, regulations or schemes, and any power to give directions—

(a)may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b)may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition, and

(c)may, in particular, except where the power is a power to make rules, make different provision for different areas.

(8)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including, in the case of a power to make an order or regulations, provision amending, repealing or revoking enactments) as the person or body exercising the power considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.

F40(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

273Further provision about orders and directions under this ActE+W

(1)Where under or by virtue of any provision of this Act—

(a)an order may be made, or

(b)directions may be given,

that provision includes power to vary or revoke the order or directions by subsequent order or by subsequent directions.

(2)Subsection (1) does not affect section 14(b) of the Interpretation Act 1978 (c. 30).

(3)A direction under this Act [F41by the Board] must be given by an instrument in writing.

(4)A direction under this Act by the Secretary of State must be given—

(a)(subject to paragraphs (b) and (c)) by an instrument in writing,

(b)in the case of a direction under—

[F42(zi)section 7 about a function of a person other than the Secretary of State,]

(i)section 7 about a function [F43of the Secretary of State] under section 4, 197 or 198, or

(ii)section [F44169(3) or] 199(2),

by regulations,

(c)in the case of—

(i)any other direction under section 7, or

(ii)a direction under section 8, [F4513Z1,] F46... 87, 94(4), 103, 109(4) [F47, 120 or 253],

by regulations or an instrument in writing.

(5)Subsection (4) does not apply to a direction under section 88 (as to which, see that section).

274Supplementary regulatory powersE+W

Regulations may provide for—

(a)prescribing the forms and manner of service of notices and other documents,

(b)prescribing the manner in which documents may be executed or proved,

(c)exempting judges and justices of the peace from disqualification by their liability to rates.

275InterpretationE+W

(1)In this Act (except where the context otherwise requires)—

• [F48"the Board" means the National Health Service Commissioning Board,]

• [F48"clinical commissioning group" means a body established under section 14D of this Act,]

• [F49“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,]

• “dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 (c. 24),

• “facilities” includes the provision of (or the use of) premises, goods, materials, vehicles, plant or apparatus,

• F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “financial year” means a period of 12 months ending with 31st March in any year,

• “functions” includes powers and duties,

• “goods” include accommodation,

• “the health service” means the health service continued under section 1(1) and under section 1(1) of the National Health Service (Wales) Act 2006 (c. 42),

• “health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in F51... an NHS trust or an NHS foundation trust,

• “hospital” means—

  (a)

  any institution for the reception and treatment of persons suffering from illness,

  (b)

  any maternity home, and

  (c)

  any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

  and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and “hospital accommodation” must be construed accordingly,

• “illness” includes [F52any disorder or disability of the mind] and any injury or disability requiring medical or dental treatment or nursing,

• “local authority” means a county council, a county borough council, a district council, a London borough council, and the Common Council of the City of London,

• F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Local Health Board” means a body established under section 11 of the National Health Service (Wales) Act 2006 (c. 42),

• “local pharmaceutical services” means such services as are prescribed under section 134(7) or paragraph 1(7) of Schedule 12,

• “local social services authority” means the council of a non-metropolitan county, of a county borough or of a metropolitan district or London borough, or the Common Council of the City of London,

• “medical” includes surgical,

• “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 (c. 30),

• “medicine” includes such chemical re-agents as are included in a list approved by the Secretary of State for the purposes of section 126,

• “modifications” includes additions, omissions and amendments,

• [F54“NHS body” means—

  (a)

  the Board,

  (b)

  a clinical commissioning group,

  (c)

  a Special Health Authority,

  (d)

  an NHS trust,

  (e)

  an NHS foundation trust, and

  (f)

  a Local Health Board.]

• “NHS trust” includes an NHS trust established under the National Health Service (Wales) Act 2006 F55...

• [F56“NICE” means the National Institute for Health and Care Excellence;]

• “officer” includes servant,

• “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 (c. 44) [F57, ]F58... or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist,

• “patient” includes a woman who is pregnant or breast-feeding or who has recently given birth,

• “prescribed” means prescribed by regulations made by the Secretary of State,

• “property” includes rights,

• [F59“registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010,]

• F60...

• “regulations” means regulations made by the Secretary of State,

• [F61“the regulator” means Monitor,]

• “Special Health Authority” includes a Special Health Authority established under the National Health Service (Wales) Act 2006,

• “university” includes a university college,

• “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

• [F62“Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.]

(2)In this Act (except where the context otherwise requires) any reference to a body established under this Act or the National Health Service (Wales) Act 2006 (c. 42) includes a reference to a body continued in existence by virtue of this Act or that Act.

(3)So far as is necessary or expedient in consequence of a direction under section 7 F63... providing for the exercise by a F64... F65... Special Health Authority of a function exercisable by another person or body, any reference in any enactment, instrument or other document to that other person or body must be read as a reference to the F64... F65... Special Health Authority.

(4)Any reference in this Act to the purposes of a hospital is a reference to its general purposes and to any specific purpose.

[F66(5)In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)—

(a)in section 223K(8), paragraph (a) of the definition of “relevant services”,

(b)in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”,

(c)in section 252A(10), the definition of “service arrangements”,

(d)section 253(1A)(d)(ii).]

276Index of defined expressionsE+W

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

277CommencementE+W

(1)Subject to this section, this Act comes into force on 1st March 2007.

(2)In this section—

• “the 1977 Act” means the National Health Service Act 1977 (c. 49), and

• “the 2006 Act” means the Health Act 2006 (c. 28).

(3)Subsection (4) applies to—

(a)sections 33 and 35 to 38 of the Health Act 1999 (c. 8) (see sections 261 and 263 to 266 of this Act),

(b)subsection (7) of section 45 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as substituted by that subsection (see paragraph 2(7) of Schedule 20 to this Act),

(c)section 21 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (see section 50 of this Act),

(d)paragraph 3 of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2) and (6)(b) of the 1977 Act as amended by that paragraph (see section 128 of this Act),

(e)sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section 4A(1) and (3) of the National Health Service and Community Care Act 1990 (c. 19) as amended by those sub-paragraphs (see section 11 of this Act),

(f)sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of the National Health Service and Community Care Act 1990 as added by that sub-paragraph (see section 11 of this Act),

(g)section 34 of the 2006 Act, and section 42A of the 1977 Act as inserted by that section (see section 131 of this Act),

(h)section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of the 1977 Act as inserted by that section (see section 129 of this Act),

(i)subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977 Act as substituted by that subsection (see section 132 of this Act),

(j)sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), 15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the 2006 Act (which relate to primary ophthalmic services) and—

(i)the 1977 Act,

(ii)section 4A of the National Health Service and Community Care Act 1990,

(iii)Schedule 1 to the Health and Social Care Act 2001 (c. 15), and

(iv)section 17(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

to the extent that a provision mentioned in any of sub-paragraphs (i) to (iv), as amended by any of those provisions of the 2006 Act, relates to primary ophthalmic services,

(k)subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) and (ba) of Schedule 12 to the 1977 Act as substituted by that subsection (see section 180 of this Act),

(l)subsection (3) of section 42 of the 2006 Act, and paragraph 2B of Schedule 12 to the 1977 Act as inserted by that subsection (see section 181 of this Act),

(m)sections 44 to 55 of the 2006 Act, and sections 76 to 78 of that Act so far as relating to those sections (see Part 10 of this Act),

(n)section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and—

(i)section 98 of the 1977 Act as substituted by section 56 of that Act, and

(ii)Schedule 12B to the 1977 Act as inserted by that section,

(see section 232 of, and Schedule 15 to, this Act), and

(o)paragraphs 14, 24(b) and 25 of Schedule 8 to the 2006 Act (which relate to the substitution of “optometrist” for “ophthalmic optician”) and the 1977 Act as amended by those paragraphs.

(4)To the extent that—

(a)this Act re-enacts a provision to which this subsection applies, and

(b)the provision has not come into force before the commencement of this Act,

the re-enactment by this Act of the provision does not come into force until the provision which is re-enacted comes into force; and the re-enactment comes into force immediately after, and to the extent that, the provision which is re-enacted comes into force.

(5)Accordingly, the re-enactment by this Act of the provision does not affect any power to bring the provision into force.

278Short title, extent and applicationE+W

(1)This Act may be cited as the National Health Service Act 2006.

(2)Subject to this section, this Act extends to England and Wales only.

(3)Sections [F76260] to 266 in Part 13 (price of medical supplies) [F77, and this Part to the extent that it applies to those sections,] extend also to Scotland and Northern Ireland.

(4)The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, has effect with such modifications as may be specified in the order.