National Health Service Act 2006 (c. 41)

(The document as of February, 2008)

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(b) in so far as it appears to the Secretary of State that there is no other residential accommodation suitable for the reasonable requirements of those persons available on reasonable terms.

(2) The Secretary of State may make arrangements with one or more of the bodies mentioned in subsection (3) for securing the provision, in advance of the displacement, of residential accommodation which becomes necessary as the carrying out of the scheme proceeds.

(3) The bodies are--

(a) a local housing authority (within the meaning of the Housing Act 1985 (c. 68)),

(b) a housing association or housing trust (within the meaning of the Housing Associations Act 1985 (c. 69)),

(d) the Commission for the New Towns.

(4) Arrangements under subsection (2) may include provision for the making of payments by the Secretary of State to the body with whom the arrangements are made.

Registration of information, etc

269 Special notices of births and deaths

(1) The requirements of this section with respect to the notification of births and deaths are in addition to, and not in substitution for, the requirements of any Act relating to the registration of births and deaths.

(2) Each registrar of births and deaths must furnish, to the Primary Care Trust the area of which includes the whole or part of the registrar's sub-district, such particulars of each birth and death which occurred in the area of the Primary Care Trust as are entered in a register of births or deaths kept for that sub-district.

(3) Regulations may provide as to the manner in which and the times at which particulars must be furnished under subsection (2).

(4) In the case of each child born--

(a) the child's father, if at the time of the birth he is residing on the premises where the birth takes place, and

(b) any person in attendance upon the mother at the time of, or within six hours after, the birth,

must give notice of the birth to the Primary Care Trust for the area in which the birth takes place.

(5) Subsection (4) applies to any child which is born after the expiry of the twenty-fourth week of pregnancy whether alive or dead.

(6) Notice under subsection (4) must be given either--

(a) by posting within 36 hours after the birth a prepaid letter or postcard addressed to the Primary Care Trust at its offices and containing the required information, or

(b) by delivering within that period at the offices of the Primary Care Trust a written notice containing the required information.

(7) A Primary Care Trust must, upon application to it, supply without charge to any medical practitioner or midwife residing or practising within its area prepaid addressed envelopes together with the forms of notice.

(8) Any person who fails to give notice of a birth in accordance with subsection (4) is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he satisfies the court that he believed, and had reasonable grounds for believing, that notice had been duly given by some other person.

(9) Proceedings in respect of an offence under subsection (8) must not, without the Attorney-General's written consent, be taken by any person other than a party aggrieved or the Primary Care Trust concerned.

(10) A registrar of births and deaths must, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to--

(a) notices of births received by a Primary Care Trust under this section, or

(b) any book in which those notices may be recorded.

270 Provision of information by Registrar General

(1) The Registrar General may provide to the Secretary of State any information to which this section applies.

(2) Any information provided under subsection (1) must be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Secretary of State in the performance of his functions in relation to the health service.

(3) This section applies to any information--

(a) entered in any register kept under the Births and Deaths Registration Act 1953 (c. 20),

(b) entered in the Adopted Children Register maintained by the Registrar General under the Adoption and Children Act 2002 (c. 38), or

(4) "Enactment" includes an enactment contained in subordinate legislation.

Part 14 Supplementary

271 Territorial limit of exercise of functions

(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 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 Part 1 (NHS foundation trusts),

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

(e) Chapter 1 of Part 12 (Patients' Forums),

(f) section 243 (Commission for Patient and Public Involvement in Health),

(g) sections 251 (control of patient information) and 252 Patient Information Advisory Group),

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

(i) section 260 and Schedule 22 (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).

272 Orders, regulations, rules and directions

(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),

(b) section 95(1) or 110(1),

(d) paragraph 22, 23, 24 or 26 of Schedule 3,

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

(f) paragraph 2 of Schedule 18.

(4) Subject to subsections (5) and (6), 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 a PCT order, or an order under--

(a) section 25,

(b) Schedule 4, or

(6) A statutory instrument containing--

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

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

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

(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

(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.

(9) Subsections (7) and (8) do not apply to an order under section 260 (but this does not affect subsection (1) of that section).

273 Further provision about orders and directions under this Act

(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 by a Strategic Health Authority 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--

(i) section 7 about a function under section 4, 197 or 198, or

(ii) section 199(2),

by regulations,

(i) any other direction under section 7, or

(ii) a direction under section 8, 15, 87, 94(4), 103, 109(4), 120 or 169(3),

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).

274 Supplementary regulatory powers

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,

275 Interpretation

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

"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,
"the FHSAA" means the Family Health Services Appeal Authority,
"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 a Primary Care Trust, 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 mental disorder within the meaning of the Mental Health Act 1983 (c. 20) 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,
"local education authority" has the same meaning as in the Education Act 1996 (c. 56),
"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,
"NHS trust" includes an NHS trust established under the National Health Service (Wales) Act 2006,
"officer" includes servant,
"optometrist" means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 (c. 44) 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,
"registered pharmacist" means a pharmacist registered in the register of pharmaceutical chemists,
"regulations" means regulations made by the Secretary of State,
"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.

(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 or 15 providing for the exercise by a Strategic Health Authority, Primary Care Trust or 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 Strategic Health Authority, Primary Care Trust or 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.

276 Index of defined expressions

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

body established under this Act	section 275(2)
commissioner, in relation to an NHS contract	section 9(1)
contractor, in relation to a general dental services contract	section 100(4)
contractor, in relation to a general medical services contract	section 84(5)
contractor, in relation to a general ophthalmic services contract	section 117(5)
fraud case	section 151(3)
general dental services contract	section 100(2)
general medical services contract	section 84(2)
general ophthalmic services contract	section 117(2)
NHS body	section 28(6)
LPS scheme	paragraph 1(2) of Schedule 12
NHS contract	section 9(1)
NHS trust order	section 25(2)
optical appliances	section 179(5)
PCT order	section 18(2)
pharmaceutical list	section 129(11)
pharmaceutical services	section 126(8)
pilot scheme	section 134(2)
practitioner	section 151(9)
primary dental services	section 99
primary medical services	section 83
primary ophthalmic services	section 115
provider, in relation to an NHS contract	section 9(1)
purposes of a hospital	section 275(4)
the regulator	section 31(1)
relevant dental service	section 176(4)
section 92 arrangements	section 92(8)
section 107 arrangements	section 107(8)
special trustees	section 212(1)
supplementary list	section 149(2)
terms of service	section 148(7)
unsuitability case	section 151(4)

277 Commencement

(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.

278 Short title, extent and application

(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 261 to 266 in Part 13 (price of medical supplies) 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.

SCHEDULES

Section 5

SCHEDULE 1 Further provision about the Secretary of State and services under this Act

Medical inspection of pupils

1 The Secretary of State must provide for the medical inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities and for the medical treatment of such pupils.

2 (1) The Secretary of State may, by arrangement with any local education authority, provide for any medical inspection or treatment of--

(a) senior pupils in attendance at any educational establishment, other than a school, which is maintained by the authority and at which full-time further education is provided, or

(b) any child or young person who, in pursuance of section 19 or 319 of the Education Act 1996 (c. 56), is receiving primary or secondary education otherwise than at a school.

(2) The Secretary of State may, by arrangement with the proprietor of any educational establishment which is not maintained by a local education authority, provide for any medical inspection or treatment of junior or senior pupils in attendance at the establishment.

(3) Sub-paragraphs (1) and (2) do not affect the Secretary of State's powers apart from those sub-paragraphs.

3 An arrangement under paragraph 2(1)(b) may provide for payments by the proprietor in question.

4 A local education authority may not make an arrangement under paragraph 2(1)(a) unless the governing body of the educational establishment agrees to the arrangement.

5 (1) Sub-paragraph (2) applies to--

(a) each local education authority, in respect of the schools which it maintains (other than foundation, voluntary or foundation special schools), and

(b) each governing body of a foundation, voluntary or foundation special school, in respect of the school.

(2) The local education authority or governing body must make available to the Secretary of State such accommodation as is appropriate for the purpose of assisting him to make provision under paragraph 1 in relation to the pupils in attendance at the schools or school in question.

6 In paragraphs 1 to 5 any expression to which a meaning is given for the purposes of the Education Act 1996 (c. 56) or the School Standards and Framework Act 1998 (c. 31) has that meaning.

7 Any charge made under regulations under this Act in respect of the supply of drugs, medicines or appliances must be disregarded for the purposes of paragraphs 1 and 2.

Contraceptive services

8 The Secretary of State must arrange, to such extent as he considers necessary to meet all reasonable requirements, for--

(a) the giving of advice on contraception,

(b) the medical examination of persons seeking advice on contraception,

(d) the supply of contraceptive substances and appliances.

Provision of vehicles for disabled persons

9 The Secretary of State may provide vehicles (including wheelchairs) for persons appearing to him to be persons who have a physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

10 (1) Sub-paragraphs (2) and (3) apply in respect of--

(a) a vehicle provided under paragraph 9, and

(b) a vehicle belonging to a person mentioned in that paragraph.

(2) The Secretary of State may--

(a) adapt the vehicle to make it suitable for the circumstances of the person in question,

(b) maintain and repair the vehicle,

(c) take out insurance policies relating to the vehicle and pay any duty with which the vehicle is chargeable under the Vehicle Excise and Registration Act 1994 (c. 22),

(d) provide a structure in which the vehicle may be kept, and provide all material and execute all works necessary to erect the structure.

(3) The Secretary of State may make payments by way of grant towards costs incurred by a person mentioned in paragraph 9 in respect of any matter mentioned in sub-paragraph (4) in relation to the vehicle.

(4) The matters are--

(a) the taking of action referred to in sub-paragraph (2),

(b) the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of the fuel, and

(5) The powers under sub-paragraph (2) and sub-paragraph (3) may be exercised on such terms and subject to such conditions as the Secretary of State may determine.

11 Regulations may provide for any incidental or supplementary matter for which it appears to the Secretary of State necessary or expedient to provide in connection with--

(a) the taking of action under paragraph 10(2), or

(b) the making of any payment under paragraph 10(3).

Provision of a microbiological service by the Secretary of State

12 (1) The Secretary of State may--

(a) provide a microbiological service for the control of the spread of infectious diseases, and

(b) carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service.

(2) The service may include the provision of laboratories.

(3) Charges may be made for services or materials supplied.

(4) A power under this paragraph may be exercised both for the purposes of the health service and for other purposes.

Powers of the Secretary of State in relation to research

13 (1) The Secretary of State may conduct research, or may assist any person to conduct research, into--

(a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and

(b) any such other matters connected with any service provided under this Act as the Secretary of State considers appropriate.

(2) Assistance may be given by grants or otherwise.

Section 13

SCHEDULE 2 Strategic Health Authorities

Corporate status

1 Each Strategic Health Authority is a body corporate.

Pay and allowances

2 (1) The Secretary of State may pay to--

(a) the chairman of a Strategic Health Authority, and

(b) any member of a Strategic Health Authority who is appointed by the Secretary of State,

such remuneration as he may determine with the approval of the Treasury.

(2) The Secretary of State may provide as he may determine with the approval of the Treasury for the payment of a pension, allowance or gratuity to or in respect of the chairman of a Strategic Health Authority.

(3) Where a person ceases to be chairman of a Strategic Health Authority, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make him a payment of such amount as the Secretary of State may determine with the approval of the Treasury.

(4) The Secretary of State may pay to a member of a Strategic Health Authority, or of a committee or sub-committee of, or joint committee or joint sub-committee including, a Strategic Health Authority, such travelling and other allowances (including attendance allowance or compensation for the loss of remunerative time) as he may determine with the approval of the Treasury.

(5) Allowances may not be paid under sub-paragraph (4) except in connection with the exercise, in such circumstances as the Secretary of State may determine with the approval of the Treasury, of such functions as he may so determine.

(6) Payments under this paragraph must be made at such times, and in such manner and subject to such conditions, as the Secretary of State may determine with the approval of the Treasury.

Membership of Strategic Health Authorities

3 A Strategic Health Authority consists of--

(a) a chairman appointed by the Secretary of State,

(b) not more than a prescribed number of persons (not being officers of the Strategic Health Authority) appointed by the Secretary of State, and

4 Regulations may provide that all or any of the persons appointed as members of a Strategic Health Authority under paragraph 3(b)--

(a) must hold posts of a prescribed description, or

(b) must fulfil any other prescribed conditions.

5 Regulations must provide that each of the persons who is a member of a Strategic Health Authority under paragraph 3(c) must either--

(a) hold an office of the Strategic Health Authority of a prescribed description, or

(b) be appointed by the chairman of the Strategic Health Authority and the persons appointed as members of the Strategic Health Authority under paragraph 3(c).

6 Regulations may provide for a person of a prescribed description who is not an officer of a Strategic Health Authority to be treated for the purposes of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Strategic Health Authorities, as if he were such an officer.

Staff

7 (1) A Strategic Health Authority may employ such officers as it may determine.

(2) A Strategic Health Authority may--

(a) pay its officers such remuneration and allowances, and

(b) employ them on such other terms and conditions,

as it may determine.

(3) A Strategic Health Authority must, in exercising its powers under sub-paragraph (1) or (2), act in accordance with regulations and any directions given by the Secretary of State.

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