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Health and Social Care Act 2012
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- 2012 c. 7
- SCHEDULE 5
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Changes over time for: Cross Heading: Health and Social Care Act 2008 (c. 14)
Alternative versions:
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Health and Social Care Act 2012, Cross Heading: Health and Social Care Act 2008 (c. 14) is up to date with all changes known to be in force on or before 28 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 Schedule 5 Crossheading Health-and-social-care-act-2008-c-14:
- 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)
Health and Social Care Act 2008 (c. 14)E+W
154E+WThe Health and Social Care Act 2008 is amended as follows.
Commencement Information
I1Sch. 5 para. 154 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
155E+WIn section 30 (urgent procedure for cancellation), in subsection (3)—
(a)before paragraph (a) insert—
“(za)in any case where regulations so provide, to the National Health Service Commissioning Board,”,
(b)in paragraph (a)—
(i)at the beginning insert “in any case where regulations so provide,”,
(ii)after “such” insert “clinical commissioning group”, and
(iii)omit “Primary Care Trust”, and
(c)omit paragraph (b).
Commencement Information
I2Sch. 5 para. 155 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
156E+WIn section 39 (bodies required to be notified of certain matters), in subsection (1)—
(a)before paragraph (a) insert—
“(za)in any case where regulations so provide, to the National Health Service Commissioning Board,”,
(b)in paragraph (a)—
(i)at the beginning insert “in any case where regulations so provide,”,
(ii)after “such” insert “clinical commissioning group”, and
(iii)omit “Primary Care Trust”, and
(c)omit paragraph (b).
Commencement Information
I3Sch. 5 para. 156 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
F1157E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 157 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
158E+WIn section 48 (special reviews and investigations)—
(a)in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—
“(ba)the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006,”, and
(b)in subsection (8) omit paragraph (a) and the word “or” immediately following it.
Commencement Information
I4Sch. 5 para. 158 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2159E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 5 para. 159 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
160E+WIn section 54 (studies as to economy, efficiency etc)—
(a)omit subsection (2)(b), and
(b)in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.
Commencement Information
I5Sch. 5 para. 160 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
161E+WIn section 59 (additional functions) at the end insert—
“(3)The references in subsection (1) to English NHS bodies do not include references to the National Health Service Commissioning Board or clinical commissioning groups.”
Commencement Information
I6Sch. 5 para. 161 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
162E+WIn section 64 (power to require documents and information), in subsection (2)(b)—
(a)after “commissioned by” insert “—
(i)the National Health Service Commissioning Board,
(ii)a clinical commissioning group, or
(iii)”, and
(b)omit “a Primary Care Trust”.
Commencement Information
I7Sch. 5 para. 162 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
Prospective
F3163E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 5 para. 163 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
Prospective
F4164E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 5 para. 164 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
165E+WIn section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—
“(aa)the National Health Service Commissioning Board,”.
Commencement Information
I8Sch. 5 para. 165 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
166(1)Section 97 (general interpretation of Part 1) is amended as follows.E+W
(2)In subsection (1) in the definition of “English NHS body”—
(a)omit paragraph (a),
(b)omit paragraph (b), and
(c)before paragraph (d) insert—
“(ca)the National Health Service Commissioning Board,
(cb)a clinical commissioning group,”.
(3)In that subsection in the definition of “English NHS provider” omit paragraph (a).
(4)In that subsection in the definition of “NHS care”—
(a)after “health care” insert “—
(a)commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or
(b)”, and
(b)omit from “provided by” to the end.
(5)After subsection (2) insert—
“(2A)Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).”
(6)Omit subsection (3).
Commencement Information
I9Sch. 5 para. 166 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
167E+WIn section 153 (directions to certain NHS bodies) in subsection (1)—
(a)omit paragraph (a), and
(b)omit paragraph (b).
Commencement Information
I10Sch. 5 para. 167 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
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