Health and Social Care Act 2012
What this means for your business
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations, 1 practical guide
What you must do
10 compliance obligations under this legislation.
Management duties 3
Give opinion on fluoridation proposals and pay any required costs
If a local authority proposes to add fluoride to the water you supply, you must reply to its request with your view on whether the arrangement would work efficiently. If the Secretary of State later approves the proposal and you enter into a formal arrangement, you may be required to contribute to the cost of fluoridation as set out by the joint committee or by agreement.
Share individual health and social care information as needed
If you are a health or adult social care commissioner or provider, you must pass on a person's information to your own staff and to any other health or adult social care commissioner/provider you talk to about that person, but only when doing so will help deliver health or social care in England and is in the person's best interests. You can refuse to share if the person objects, the information comes from an anonymous provider, or you have a reasonable reason not to share, and you must still obey data‑protection and confidence rules.
Use NHS financial assistance only for the notified purpose and conditions
If your NHS provider is placed in special administration and you receive financial assistance from NHS England, you must spend the money only for the purpose and under the conditions that NHS England tells you. You also need to keep clear records showing the money was used exactly as required, and the assistance can only be used while you remain in special administration.
Other requirements 1
Co‑operate with the appropriate authority on biological substances
If your business tests, manufactures or carries out quality control on biological substances, you must work with the designated health authority (e.g., MHRA). This means providing information, records or access when they ask, and generally assisting them in carrying out their duties under the Act.
Payments and fees 2
Comply with the NHS payment scheme when providing NHS services
If your business provides health‑care or public‑health services that are funded by the NHS, you must follow the pricing rules set out in the NHS payment scheme. This means using the formulas, price components and any agreed prices that NHS England publishes, and keeping any related information up to date.
Pay NHS England penalties and comply with any imposed requirements
If NHS England issues you a notice that imposes a penalty or a compliance/restoration requirement, you must pay the amount (or take the required action) within the period set out in the notice – normally at least 28 days – and you may appeal the decision if you think it is wrong. Failure to pay or comply can lead to increased penalties and further enforcement action.
Registration and licensing 2
Apply to NHS England for the required licence
If you want to run a health or social‑care service that needs a licence, you must submit an application to NHS England. The application must be in the format and contain the information NHS England tells you to provide.
Obtain a licence to provide NHS health services
If your business provides any health‑care service for the NHS, you must have a licence under the Health and Social Care Act. You cannot legally deliver NHS‑funded care without first obtaining this licence.
Reporting and filing 2
Provide requested information to Health and Wellbeing Board
If a Health and Wellbeing Board asks you for information – for example because you sit on the board or represent an organisation on it – you must give them the data they specify. The board can only use that information to help carry out its own functions.
Submit representations to Monitor within 10 working days of a reference
Unlimited fineIf your organisation receives a formal reference from the Monitor under section 120, you must reply with your written views (representations) within 10 working days. A copy of your reply must also be sent to the Monitor.
Penalties for non-compliance
1 penalty under this legislation. 1 carry an unlimited fine.
Submit representations to Monitor within 10 working days of a reference
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
357 classified provisions from this legislation.
Duties 41
- s.5 The Secretary of State's duty as to promoting autonomy
- Schedule 11 Further provision about NHS England’s enforcement powers giving rise
- s.27 Financial arrangements for clinical commissioning groups financial year
- s.36 Procedural requirements in connection with fluoridation of water supplies The proposer
- s.57 Functions in relation to biological substances
- s.63 Secretary of State's guidance on duty under section 62(9)
- s.68 Duty to review regulatory burdens
- s.69 Duty to carry out impact assessments
- s.81 Requirement for health service providers to be licensed
- s.83 Exemption regulations
- s.85 Application for licence
- s.86 Licensing criteria
- s.87 Grant or refusal of licence
- s.90 Right to make representations
- s.91 Notice of decisions
- s.93 Register of licence holders
- s.94 Standard conditions But different standard conditions
- s.97 Conditions: supplementary NHS England
- s.105 Discretionary requirements of the requirement
- s.108 Guidance as to use of enforcement powers variable monetary penalty
- ... and 21 more duties
Powers 77
- Schedule 1 The National Health Service Commissioning Board
- Schedule 8 Monitor
- Schedule 10 References by Monitor to the CMA
- s.12 Duties as to improvement of public health
- s.15 Power to require Board to commission certain health services
- s.22 Exercise of public health functions of the Secretary of State
- s.23 The NHS Commissioning Board: further provision
- s.24 Financial arrangements for the Board
- s.30 Appointment of directors of public health
- s.31 Exercise of public health functions of local authorities
- s.51 Pharmaceutical services expenditure
- s.52 Secretary of State's duty to keep health service functions under review
- s.60 Co-operation with bodies exercising functions in relation to public health
- s.65 Power to give Monitor functions relating to adult social care services
- s.84 Exemption regulations: supplementary
- s.89 Revocation of licence
- s.106 Enforcement undertakings
- s.112 Duration of transitional period
- s.114E Amendments of the NHS payment scheme
- s.114B The NHS payment scheme: enforcement
- ... and 57 more powers
Definitions 31
- s.3 The Secretary of State's duty as to the NHS Constitution
- Schedule 6 Part 1: transitional provision
- s.9 The NHS Commissioning Board
- s.14 Power of clinical commissioning groups as to commissioning certain health services
- s.19 Regulations relating to EU obligations EU health function specified
- s.25 Clinical commissioning groups: establishment etc.
- s.96 Limits on NHS England’s functions to set or modify licence conditions
- s.104 Power to require documents and information
- s.114F Interpretation
- s.128 Health special administration orders
- s.148 Service of documents
- s.150 Interpretation, transitional provision and consequential amendments
- s.165 Private health care
- s.194 Establishment of Health and Wellbeing Boards
- s.214 The Health and Care Professions Council
- s.219 Arrangements with other health or social care regulators
- s.228 Establishment of voluntary registers
- s.232 The National Institute for Health and Care Excellence
- s.233 General duties
- s.234 Quality standards
- ... and 11 more definitions
Exemptions 13
- Schedule 2 Clinical commissioning groups
- s.38 Approval functions
- s.49 Primary care services: directions as to exercise of functions
- s.50 Charges in respect of certain public health functions
- s.56 Abolition of Health Protection Agency
- s.58 Radiation protection functions
- s.114C The NHS payment scheme: impact assessment and consultation
- s.143 Amount payable
- s.196 Other functions of Health and Wellbeing Boards
- s.218 Exercise of function of approving courses, etc.
- s.220 References in enactments to registered health professionals, etc.
- s.262 Other dissemination: directions and requests under sections 254 and 255
- s.304 Regulations, orders and directions