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Health and Social Care Act 2012
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Changes to legislation:
Health and Social Care Act 2012, CHAPTER 4 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 9 Chapter 4:
- specified provision(s) amendment to earlier commencing SI 2012/1831 art. 10 by S.I. 2012/2657 art. 15
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 102(4)(ba) inserted by S.I. 2019/93, Sch. 1 para. 13(3) (as substituted) by S.I. 2019/1245 reg. 28 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 250(2)-(2B) substituted for s. 250(2) by 2022 c. 31 s. 95(2)(a)
- s. 250(6)-(6D) substituted for s. 250(6) by 2022 c. 31 s. 95(2)(d)
- s. 251 251ZA substituted for s. 251 by 2022 c. 31 s. 95(3)
- s. 251C(6A) inserted by 2022 c. 31 s. 95(4)(a)
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 304(5)(ja) inserted by 2022 c. 31 s. 95(5)
[F1CHAPTER 4E+WEnforcement
Textual Amendments
F1Pt. 9 Ch. 4 inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 100(2), 186(6); S.I. 2022/1003, reg. 2(c)
277EEnforcement of provisions under this PartE+W
(1)Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
(a)fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
(b)fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);
(c)provides information in response to such a requirement that is false or misleading to a material extent.
(2)The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(3)The regulations must include provision—
(a)requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(b)ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c)requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
(d)requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(e)enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;
(f)as to the powers of the Tribunal on such an appeal.
(4)The provision that may be made by the regulations includes provision—
(a)enabling a notice of intent or final notice to be withdrawn or amended;
(b)requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
(c)for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
(d)for the recovery of financial penalties in the county court.
(5)In this section “public body” has the meaning given by section 250(7).
277FDirections to Special Health Authority to exercise functions under section 277EE+W
The Secretary of State may—
(a)direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;
(b)give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).]
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