Health Act 2006 (c. 28)

(The document as of February, 2008)

-- Back --

Page 6

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

(b)

any succeeding period of 12 months;

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

"the National Health Service Appointments Commission" means the Special Health Authority known by that name;

"NHS trust" has the same meaning as in the 1977 Act;

"non-executive members" is to be read in accordance with subsection (6);

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Secretary of State.

(2) In this Part "appointment" includes--

(a) any process involving an appointment (whether described as re-appointment or replacement or otherwise) including a temporary appointment; and

(b) nomination for appointment;

and also includes removal or suspension from office.

(3) References in this Part to functions relating to the appointment of a person include functions relating to a person's tenure of office.

(4) In this Part "applicable body" means--

(a) any body in relation to which a direction may be given under section 58, 60 or 61, and

(b) (except in section 65(2)(a) and (b)) any NHS foundation trust and any body which falls within subsection (5).

(5) A body falls within this subsection if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body's chairman, or any non-executive member of the body, may be entered into under section 63(4).

(6) In this Part "non-executive members"--

(a) in relation to a body whose members are known as directors, means non-executive directors, and

(b) in relation to a body in the case of which no distinction is made between executive and non-executive members, means members of the body (apart from the chairman).

(7) Each of the following is a "devolved authority" for the purposes of this Part--

(a) the Scottish Ministers,

(b) the National Assembly for Wales, and

Part 6 Miscellaneous

Social care bursary

72 Exercise by Special Health Authority of social care training functions

After section 67 of the Care Standards Act 2000 (c. 14) insert--

" 67A Exercise by Special Health Authority of functions under s. 67(4)(a)

(1) The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.

(2) If the Secretary of State gives a direction under subsection (1), the National Health Service Act 1977 shall have effect as if--

(a) the direction were a direction of the Secretary of State under section 16D of that Act, and

(b) the functions were exercisable by the Special Health Authority under section 16D.

(3) Directions under subsection (1)--

(a) shall be given by an instrument in writing, and

(b) may be varied or revoked by subsequent directions. "

NHS costs recovery

73 NHS costs recovery

In section 153 of the 2003 Act (information contained in certificates relating to recovery of NHS charges in cases of injury requiring NHS services), for subsection (9) substitute--

" (9) For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if--

(a) it does not fall within subsection (3) or within any other description of claim specified in regulations, and

(b) it is settled, and the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question. "

Transfer of criminal liabilities

74 Transfer of criminal liabilities of certain NHS bodies

(1) In section 8 of the 1977 Act (Strategic Health Authorities and Health Authorities) at the end add--

" (9) The liabilities which may be transferred by virtue of this section and section 126(4) below to a relevant transferee on the abolition of a Strategic Health Authority include criminal liabilities.

(10) In subsection (9) above "relevant transferee" means--

(a) a Special Health Authority,

(b) a Primary Care Trust,

(d) an NHS foundation trust, or

(e) another Strategic Health Authority. "

(2) In section 11 of that Act (Special Health Authorities)--

(a) after subsection (4) insert--

" (4A) The liabilities which may be transferred by virtue of this section and section 126(3) and (4) below to a relevant transferee on the abolition of a Special Health Authority include criminal liabilities.

(4B) In subsection (4A) above "relevant transferee" means--

(a) a Strategic Health Authority,

(b) a Primary Care Trust,

(d) an NHS trust,

(e) an NHS foundation trust, or

(f) another Special Health Authority. " , and

(b) in subsection (5) after "an order" insert "as is mentioned in subsection (4) above".

(3) In paragraph 20 of Schedule 5A to that Act (transfer of property, rights and liabilities on dissolution of Primary Care Trust) after sub-paragraph (1) insert--

" (1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust or another Primary Care Trust include criminal liabilities. "

(4) In paragraph 19 of Schedule 5B to that Act (transfer of property, rights and liabilities on dissolution of Local Health Board) after sub-paragraph (1) insert--

" (1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to another Local Health Board include criminal liabilities. "

(5) In paragraph 30 of Schedule 2 to the National Health Service and Community Care Act 1990 (c. 19) (transfer of property, rights and liabilities on dissolution of NHS trust) after sub-paragraph (1) insert--

" (1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to any of the bodies mentioned in paragraphs (aa) to (c) of that sub-paragraph include criminal liabilities. "

(6) In section 25 of the 2003 Act (dissolution of NHS foundation trusts) after subsection (3) insert--

" (3A) The liabilities which may be transferred by virtue of subsection (3) to any of the bodies mentioned in paragraphs (a) to (c) of that subsection include criminal liabilities. "

(7) In section 28 of that Act (supplementary provision about mergers) after subsection (3) insert--

" (3A) In section 27(1) and (2), and subsections (1) and (2) above, "liabilities" includes criminal liabilities; and an order under subsection (3) above may transfer any remaining criminal liabilities to any of the bodies mentioned in section 25(3)(a) to (c). "

Local Health Boards and Welsh health authorities

75 Amendments relating to Local Health Boards and abolition of Welsh health authorities

(1) The Secretary of State or the Assembly may by order make such amendments of any enactment as he or it considers appropriate--

(a) in order to reflect the fact that (by virtue of relevant directions) transferred functions may be exercised by Local Health Boards, or

(b) otherwise in consequence of, or in connection with, the abolition of Welsh health authorities effected under section 27(5) of the Government of Wales Act 1998 (c. 38).

(2) Where a transferred function which became exercisable by a Local Health Board by virtue of relevant directions ceases to be so exercisable, the Secretary of State or the Assembly may by order--

(a) substitute for any reference to a Local Health Board in any enactment relating to the function a reference to the Assembly, and

(b) make such amendments of any enactment as he or it considers appropriate in consequence of any such substitution.

(3) No order may be made under subsection (1)(a) in relation to a transferred function on or after the date on which subsection (4) applies to the function.

(4) This subsection applies to a transferred function on the date when either of the following comes into force in relation to the function--

(a) an order made under subsection (1)(b) which amends an enactment so as to provide for the function to be exercisable only by the Assembly, or

(b) an order made under subsection (2).

(5) In this section--

"amendments" includes repeals, revocations and modifications;
"the Assembly" means the National Assembly for Wales;
"relevant directions" means directions given in regulations made under section 16BB of the National Health Service Act 1977 (c. 49);
"transferred function" means a function transferred to the Assembly by the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W. 98));
"Welsh health authority" means a Health Authority for an area in, or consisting of, Wales.

Part 7 Final provisions

Offences

76 Offences by bodies corporate etc.

(1) If an offence committed by a body corporate is proved--

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In subsection (1) "officer", in relation to the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) If an offence committed by a partnership is proved--

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In subsection (4) "partner" includes a person purporting to act as a partner.

(6) If an offence committed by an unincorporated association (other than a partnership) is proved--

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In this section and section 77 "offence" means an offence under any provision of this Act.

77 Offences committed by partnerships and other unincorporated associations

(1) Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners).

(2) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) shall be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents shall have effect as if the partnership or unincorporated association were a body corporate.

(4) In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply as they apply in relation to a body corporate--

(a) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);

(b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.

(6) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(7) Subsections (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under section 76(4) or (6).

78 Penalties for offences: transitional modification for England and Wales

(1) This section contains transitional modifications in respect of penalties for certain offences committed in England and Wales.

(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' courts power to impose imprisonment), the references in sections 21(2)(b) and 52(5)(b) of this Act to periods of imprisonment of 12 months are to be read as references to periods of imprisonment of 6 months.

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in sections 52(2)(a) and 53(2)(b) of this Act to periods of imprisonment of 51 weeks are to be read as references to periods of imprisonment of 3 months.

General

79 Orders and regulations

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

(2) Any power of the Department of Health, Social Services and Public Safety to make an order or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Any power to make an order or regulations under this Act--

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the authority making the order or regulations considers appropriate.

(4) No statutory instrument containing--

(a) regulations under section 3, 4, 5, 6(8), 7(6) or 8(7),

(b) an order under section 13,

(d) an order under section 45(7),

(e) an order under section 75 or 80(3) which amends or repeals any provision of an Act or an Act of the Scottish Parliament, or

(f) regulations under paragraph 5 or 8 of Schedule 1,

may be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act (other than an order under section 83) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) No statutory instrument containing an order under section 80(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament may be made by the Scottish Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

(7) Otherwise, a statutory instrument containing an order under section 80(4) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) A statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under section 17 which amend or repeal any provision of an Act is to be subject to affirmative resolution within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(9) Otherwise, a statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under Chapter 1 of Part 3 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

80 Amendments, repeals and revocations

(1) Schedule 8 contains minor and consequential amendments.

(2) Schedule 9 makes provision for the repeal and revocation of enactments (including enactments which are spent).

(3) The Secretary of State may by order make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers appropriate for the general purposes, or any particular purposes, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

(4) The Scottish Ministers may by order make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as they consider appropriate for the general purposes, or any particular purposes, of the provisions specified in subsection (5) or in consequence of, or for giving full effect to, any of those provisions.

(5) Those provisions are--

(a) section 36(2),

(b) so far as extending to Scotland, section 73 and paragraph 55 of Schedule 8.

(6) An order under subsection (4) may not include any provision which would be outside the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(7) An order under subsection (3) may not include any provision which it would be competent for the Scottish Ministers to make in an order under subsection (4).

(8) An order under subsection (3) or (4) may amend, repeal, revoke or otherwise modify any enactment.

81 Expenses

There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State by virtue of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

82 Interpretation

(1) In this Act--

"the 1977 Act" means the National Health Service Act 1977 (c. 49);
"the 2003 Act" means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43);
"the appropriate national authority" means--
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales;
"the health service"--
(a)
in relation to England and Wales, has the same meaning as in the 1977 Act,
(b)
in relation to Scotland, has the same meaning as in the National Health Service (Scotland) Act 1978 (c. 29), and
(c)
in relation to Northern Ireland, means health services within the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).

(2) In this Act "enactment" includes--

(a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), and

(b) (in sections 17(5)(f) and 80(8)) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation,

and references to enactments include enactments passed or made after the passing of this Act.

(3) Subsection (2) applies except where the context otherwise requires.

83 Commencement

(1) The following provisions come into force on the day on which this Act is passed--

(a) sections 74 and 75,

(b) sections 79, 80(3) to (8), 81 and 82, this section and section 84,

(d) section 80(1) so far as relating to those paragraphs, and

(e) (except for section 36(2)) any other provision of this Act so far as it--

(i) confers power to make an order or regulations, or

(ii) defines any expression relevant to the exercise of any such power.

Subsections (2)(b) and (3) to (6) have effect subject to paragraph (e).

(2) The following provisions come into force on such day as the Scottish Ministers may by order appoint--

(a) section 36(2), and

(b) so far as extending to Scotland--

(i) section 73,

(ii) paragraph 55 of Schedule 8, and

(iii) section 80(1) so far as relating to that paragraph.

(3) Part 5 comes into force on such day as the Secretary of State, after consulting the National Assembly for Wales, may by order appoint.

(4) The following provisions come into force in relation to Wales on such day as the National Assembly for Wales may by order appoint--

(a) Chapter 1 of Part 1 and sections 76 and 77 so far as relating to offences under that Chapter, and

(b) paragraph 24(a) of Schedule 8 and section 80(1) so far as relating to that paragraph.

(5) The following provisions come into force on such day as the National Assembly for Wales may by order appoint--

(a) Chapter 1 of Part 3 and sections 76 to 78 so far as relating to the Assembly's functions under that Chapter (see section 24) or to offences committed in relation to those functions,

(b) Chapter 1 of Part 4 so far as relating to the Assembly's functions under sections 42 and 42B of the 1977 Act,

(c) Chapter 3 of Part 4 and sections 76 to 78 so far as relating to the Assembly's counter fraud functions in relation to the health service in Wales (see section 44) or to offences committed in relation to those functions,

(d) section 56, Schedule 3 and paragraph 44 of Schedule 8 so far as relating to Welsh NHS bodies,

(e) paragraphs 43 and 62 of Schedule 8,

(f) so far as relating to Welsh NHS bodies, any provision of Schedule 9 which repeals or revokes an enactment amending or repealing section 98 of the 1977 Act, and

(g) section 80(1) and (2) so far as relating to the provisions in paragraphs (d), (e) and (f).

In this subsection "Welsh NHS body" has the meaning given by paragraph 2 of the Schedule 12B inserted by Schedule 3.

(6) The following provisions come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint--

(a) Chapter 1 of Part 3 so far as relating to the functions of the Department of Health, Social Services and Public Safety under that Chapter (see section 24), and

(b) sections 76 and 77 so far as relating to offences committed in relation to those functions.

(7) Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.

(8) Different days may be appointed for different provisions, different purposes or different areas.

84 Short title and extent

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

(2) Subject to subsections (3) and (4), this Act extends to England and Wales only.

(3) The following provisions extend also to Scotland and Northern Ireland--

(a) Chapter 1 of Part 3,

(b) Part 5, and

(4) Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.

SCHEDULES

Section 9

SCHEDULE 1 Fixed penalties

Contents of penalty notice

1 A penalty notice must--

(a) state the alleged offence, and

(b) give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it.

2 (1) A penalty notice must also state--

(a) the name and address of the enforcement authority on whose behalf the authorised officer was acting when he gave the notice,

(b) the amount of the penalty and the period for its payment,

(d) the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c),

(e) the person to whom and the address at which payment may be made,

(f) by what method payment may be made,

(g) the person to whom and the address at which any representations relating to the notice may be made.

(2) The person mentioned in sub-paragraph (1)(e) and (g) must be the enforcement authority referred to in sub-paragraph (1)(a).

3 A penalty notice must also--

(a) inform the person to whom it is given of his right to be tried for the alleged offence, and

(b) explain how that right may be exercised.

4 A penalty notice must be in a form specified in regulations made by the appropriate national authority.

Amount of penalty and period for payment

5 The penalty is such amount as the Secretary of State may specify in regulations.

6 The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.

Discounted amount and period for payment

7 (1) A discounted amount is payable instead of the amount specified in regulations under paragraph 5 if payment is made before the end of the period for payment of the discounted amount.

(2) That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day.

(3) If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending immediately after the first working day following the 15th day.

(4) In this paragraph, "working day" means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

8 The discounted amount is such amount as the Secretary of State may specify in regulations.

Effect of notice and payment

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

-- Back --

Stat