| Guvnor

Enforced by: GOC, GPhC, HCPC, NMC, UK Government
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 1 of 4 obligations carry an unlimited fine. 3 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

The National Health Service

0 of 44 sections shown

44 other sections in this Part — procedural and definitional

s.001 Repeal of law about fund-holding practices.

s.002 Primary Care Trusts.

s.003 Primary Care Trusts: finance.

s.004 Expenditure of Health Authorities and Primary Care Trusts.

s.005 Primary Care Trusts: provision of services etc.

s.006 Delegation of Health Authority functions relating to pilot schemes and section 28C arrangements.

s.007 Primary Care Trusts: trust-funds and trustees.

s.008 Payments relating to past performance.

s.009 Indemnity cover for Part II services.

s.010 Remuneration for Part II services.

s.011 Local representative committees.

s.012 Directions.

s.013 Establishment orders.

s.014 Exercise of powers.

s.015 Public dividend capital.

s.016 Existing NHS trusts: conversion of initial loan.

s.017 Borrowing.

s.018 Duty of quality.

s.019 The Commission for Health Improvement.

s.020 Functions of the Commission.

s.021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.022 Arrangements with Ministers.

s.023 Obtaining information etc.

s.024 Restrictions on disclosure of information.

s.025 Abolition of Clinical Standards Advisory Group.

s.026 Co-operation between NHS bodies.

s.027 Co-operation between NHS bodies and local authorities.

s.028 Plans for improving health etc.

s.029 Payments by NHS bodies to local authorities.

s.030 Payments by local authorities to NHS bodies.

s.031 Arrangements between NHS bodies and local authorities.

s.032 Joint consultative committees.

s.033 Powers relating to voluntary schemes.

s.034 Power to control prices.

s.035 Statutory schemes.

s.036 Statutory schemes: supplementary.

s.037 Enforcement.

s.038 Controls: supplementary.

s.039 Evasion of charges etc.

s.040 Disqualification etc. of Part II practitioners.

s.041 High security psychiatric services.

s.042 Provision of information by Registrar General.

s.043 Health Service Commissioners.

s.044 Power to rectify transitional provisions etc.

Part 2

The National Health Service: Scotland

3 of 15 sections shown

s.051 Duty of quality. Regulated

Maintain and improve the quality of health care servicesAny Person

s.052 Expenditure of Health Boards and other bodies. Regulated

Other duties (1) — Crown / regulator

Secretary of State must fund Health Boards and determine drug costsCrown / Minister / Government department

s.058 Disqualification etc. of Part II practitioners. Regulated

Prevent fraud and efficiency failures in NHS servicesAny Person

12 other sections in this Part — procedural and definitional

s.045 Repeal of law about fund-holding practices.

s.046 Establishment orders.

s.047 Directions as to delegation of functions.

s.048 Constitution of NHS trust boards.

s.049 Duties of NHS trusts.

s.050 Transfer of staff among health service bodies.

s.053 Public dividend capital.

s.054 Existing NHS trusts: conversion of initial loan.

s.055 Borrowing.

s.056 Indemnity cover for Part II services.

s.057 Remuneration for Part II services.

s.059 Recovery of charges and payments.

Part 3

Miscellaneous and Supplementary

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.060 Regulation of health professions and social care workers etc.

s.060 Standard of proof in fitness to practise proceedings

s.061 English and Scottish border provisions.

s.062 Regulations and orders.

s.063 Supplementary and consequential provision etc.

s.064 Interpretation.

s.065 Amendments and repeals.

s.066 Devolution.

s.067 Commencement.

s.068 Extent.

s.069 Short title.

Schedules

1 of 78 shown

s.003 Regulation of health care and associated professions Prosecution

Breach of professional or social care regulatory ordersAny Person

Unlimited fine

77 other schedules

s.001 Primary Care Trusts

s.005 Repeals

s.sch001 After Schedule 5 to the 1977 Act (Health Authorities and...

s.sch002 Status

s.sch002 The Commission is not to be regarded as the servant...

s.sch002 (1) The Secretary of State may make payments out of...

s.sch002 (1) The Commission must keep accounts in such form as...

s.sch002 (1) As soon as possible after the end of each...

s.sch002 The application of the seal of the Commission must be...

s.sch002 A document purporting to be duly executed under the seal...

s.sch002 In Schedule 1 to the Public Records Act 1958 (definition...

s.sch002 In the Schedule to the Public Bodies (Admission to Meetings)...

s.sch002 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

s.sch002 In the House of Commons Disqualification Act 1975, in Part...

s.sch002 In the Northern Ireland Assembly Disqualification Act 1975, the same...

s.sch002 (1) Subject to any directions given by the Secretary of...

s.sch002 It is the duty of the Commission to carry out...

s.sch002 The Commission is to consist of— (a) a chairman appointed...

s.sch002 The Secretary of State may by regulations make provision as...

s.sch002 (1) The Secretary of State may direct a Special Health...

s.sch002 (1) The Commission may pay to its chairman, and to...

s.sch002 (1) There is to be a chief executive of the...

s.sch002 (1) The Commission may arrange for the discharge of any...

s.sch002 (1) The Commission may arrange for such persons as it...

s.sch002a Section 31 arrangements: transfer of staff

s.sch002a Schedule 2A para.1

s.sch002a Schedule 2A para.2

s.sch002a Schedule 2A para.3

s.sch002a Schedule 2A para.4

s.sch002a Schedule 2A para.5

s.sch003 An Order may make provision, in relation to any profession,...

s.sch003 In this Schedule— “ dental practitioner ” means a person...

s.sch003 (1) The powers conferred by section 60 may be exercised...

s.sch003 (1) The powers conferred by section 60 extend to the...

s.sch003 An Order may make provision, in relation to any social...

s.sch003 The provision that may be made by virtue of paragraph...

s.sch003 An Order may abolish a regulatory body if (and only...

s.sch003 (1) The power to make an Order may be exercised...

s.sch003 The power may be exercised so as to make provision...

s.sch003 The power may be exercised so as to—

s.sch003 The power may not be exercised so as to create...

s.sch003 (1) An Order may not abolish— (a) the regulatory body...

s.sch003 (1) Where an enactment provides, in relation to any profession,...

s.sch003 (1) If it is proposed to lay a draft of...

s.sch004 Amendments of enactments

s.sch004 In section 63 of the Health Services and Public Health...

s.sch004 (1) Section 98 (accounts and audit) is amended as follows....

s.sch004 The 1978 Act is amended as follows.

s.sch004 In section 9 (local consultative committees)— (a) in subsection (5),...

s.sch004 In section 10(4) (Common Services Agency)— (a) after “Health Boards”...

s.sch004 In section 12A(5) (NHS trusts)— (a) in paragraph (a), for...

s.sch004 In section 17A (NHS contracts)— (a) in subsection (2)—

s.sch004 In section 17E (personal medical and dental services: regulations), subsection...

s.sch004 Section 32 (regulations as to sections 29 to 31) is...

s.sch004 In section 32A (applications for interim suspension)—

s.sch004 In section 32B (continuation of suspension pending appeal)—

s.sch004 After section 35 there is inserted— Interpretation of Part II....

s.sch004 In section 85A (financial duties of certain bodies)—

s.sch004 In section 85B(2) (bodies in respect of which schemes for...

s.sch004 In section 86 (accounts of Health Boards and the Agency),...

s.sch004 Section 87D (indicative amounts for doctors’ practices) is omitted.

s.sch004 In section 102 (state hospitals), for paragraph (b) of subsection...

s.sch004 In section 105(7) (orders, regulations and directions), for “incidental or...

s.sch004 In section 108(1) (interpretation)— (a) in the appropriate place there...

s.sch004 In Schedule 7A (NHS trusts)— (a) for any reference to...

s.sch004 (1) Schedule 7B (financial provisions relating to NHS trusts) is...

s.sch004 In Schedule 8 (the Tribunal), in paragraph 8—

s.sch004 The Mental Health Act 1983 is amended as follows.

s.sch004 In section 122(1) (provision of pocket money for in-patients in...

s.sch004 In section 134 (correspondence of patients)— (a) in subsection (1)(b),...

s.sch004 (1) Section 145 (interpretation) is amended as follows.

s.sch004 The Health Service Joint Consultative Committees (Access to Information) Act...

s.sch004 Section 18 (indicative amounts for doctors’ practices) is omitted.

s.sch004 (1) The Health Service Commissioners Act 1993 is amended as...

s.sch004 In section 5 of the Audit Commission Act 1998 (general...

s.sch005 The repeal of section 97(2) of the 1977 Act has...

Help complying

Guvnor’s practical routes through this instrument.

Run a healthcare business

Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations

Healthcare compliance quick check

Quick compliance check for experienced healthcare providers. Covers CQC registration, professional registrations, DBS checks, medicines audit, controlled drugs register, IPC audit, fire …

2 more guides that reference this instrument

Healthcare professional registration requirements Start a clinical laboratory service

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Health Professions Order 2001 SI 2002

Nursing and Midwifery Order 2001 SI 2002

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.