Health Act 2009

Chapter 1E+WNHS Constitution

1NHS ConstitutionE+W

(1)In this Chapter the “NHS Constitution” means—

(a)the document entitled “The NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b)any revised version of that document published under section 3 or 4.

(2)In this Chapter the “Handbook” means—

(a)the document entitled “The Handbook to the NHS Constitution” published by the Secretary of State on 21 January 2009, or

(b)any revised version of that document published under section 5.

2Duty to have regard to NHS ConstitutionE+W

(1)Each of the bodies listed in subsection (2) must, in performing its [F1health service functions], have regard to the NHS Constitution.

F2(2)The bodies are—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ca)[F5NHS England];

[F6(cb)integrated care boards;]

(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;

[F7(da)the National Institute for Health and Care Excellence;]

F8(db). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)NHS foundation trusts;

F9(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Care Quality Commission.

F10(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(i)the Health Services Safety Investigations Body.]

(3)In subsection (1) [F12a “health service function”] means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of [F13health services].

(4)Each person who—

[F14(za)provides health services under arrangements made by [F5NHS England] or [F15an integrated care board] under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,]

(a)provides [F16health services] under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), F17...

(b)provides or assists in providing [F16health services] under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41), [F18or

(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 [F19subsection (4)(za), (a), (b) or (c)], makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing [F20health services], or

(b)provides or assists in providing [F20health 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 “[F21health 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.

3Availability and review of NHS ConstitutionE+W

(1)The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.

(2)At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).

(3)The following must be consulted about the NHS Constitution on a 10 year review—

(a)patients and bodies or other persons representing patients,

(b)staff and bodies or other persons representing staff,

(c)carers,

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)members of the public,

(f)the bodies and persons listed in section 2(2), (4) and (5), and

(g)such other persons as the Secretary of State considers appropriate.

(4)The first 10 year review must be completed not later than 5 July 2018.

(5)The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(6)The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.

(7)In this Chapter—

• “carers” means persons who, as relatives or friends, care for other persons to whom [F23health services] are being provided;

• “the guiding principles” means—

  (a)

  the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or

  (b)

  any revised version of those principles set out in the NHS Constitution published under this section or section 4;

• “patients” means persons to whom [F23health services] are being provided;

• “staff” means—

  (a)

  persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of [F23health services];

  (b)

  persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of [F23health services] or assistance or the making of arrangements as mentioned in the subsection in question.

F24(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Other revisions of NHS ConstitutionE+W

(1)This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).

(2)Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.

(3)The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.

(4)The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.

(5)The Secretary of State must publish the NHS Constitution after any revision.

5Availability, review and revision of HandbookE+W

(1)The Secretary of State must ensure that the Handbook continues to be available to patients, staff and members of the public.

(2)At least once in any period of 3 years the Secretary of State must carry out a review of the Handbook.

(3)The first review must be completed not later than 5 July 2012.

(4)The Secretary of State must publish the Handbook after any revision (whether made as a result of a review under this section or otherwise).

6Report on effect of NHS ConstitutionE+W

(1)The Secretary of State must publish a report every 3 years on how the NHS Constitution has affected patients, staff, carers and members of the public, since the last report was produced under this subsection.

(2)The first report must be published not later than 5 July 2012.

(3)The Secretary of State must lay before Parliament a copy of each report under subsection (1).

7Regulations under section 3 or 4E+W

(1)The power to make regulations under section 3 or 4 is exercisable by statutory instrument.

(2)A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament.