Healthcare compliance quick check
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UK Act of Parliament
2012
United Kingdom
Health and Social Care Act 2012
At a glance
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 6
- Licence Holder 1
- Contractor 1
Plus 35 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Start a social care provider business
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Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Value Added Tax Regulations 1995 1995 7 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
Contractors also bound by 56 other Acts (top 5 shown)
- Construction (Design and Management) Regulations 2015 2015 360 duties
- The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 1993 19 duties
- Building Regulations (Northern Ireland) 2000 2000 17 duties
- Building Regulations (Northern Ireland) 2012 2012 15 duties
- Work in Compressed Air Regulations 1996 1996 14 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — The health service in England
The Secretary of State's duty as to promoting autonomy
Other duties (1) — Crown / regulator
- Secretary of State must promote autonomy in the health service Crown / Minister / Government department
The NHS Commissioning Board: further provision
Other duties (1) — Crown / regulator
- NHS Commissioning Board must promote the NHS Constitution and patient choice Statutory regulator
Financial arrangements for the Board
Other duties (1) — Crown / regulator
- NHS Commissioning Board must limit health expenditure and resource use Statutory regulator
Financial arrangements for clinical commissioning groups
- Clinical Commissioning Groups must manage expenditure within allotted budgets Any Person
Procedural requirements in connection with fluoridation of water supplies
- Consult on and provide expert opinion for water fluoridation proposals Contractor
Browse 50 other sections in this Part — procedural / definitional / commencement
Secretary of State's duty to promote comprehensive health service
The Secretary of State's duty as to improvement in quality of services
The Secretary of State's duty as to the NHS Constitution
The Secretary of State's duty as to reducing inequalities
The Secretary of State's duty as to research
The Secretary of State's duty as to education and training
Secretary of State's duty as to reporting on and reviewing treatment of providers
The NHS Commissioning Board
Clinical commissioning groups
The Secretary of State's duty as to protection of public health
Duties as to improvement of public health
Duties of clinical commissioning groups as to commissioning certain health services
Power of clinical commissioning groups as to commissioning certain health services
Power to require Board to commission certain health services
Secure psychiatric services
Other services etc. provided as part of the health service
Regulations as to the exercise by local authorities of certain public health functions
Regulations relating to EU obligations
Regulations as to the exercise of functions by the Board or clinical commissioning groups
Functions of Special Health Authorities
Exercise of public health functions of the Secretary of State
Clinical commissioning groups: establishment etc.
Clinical commissioning groups: general duties etc.
Requirement for primary medical services provider to belong to clinical commissioning group
Other health service functions of local authorities under the 2006 Act
Appointment of directors of public health
Exercise of public health functions of local authorities
Complaints about exercise of public health functions by local authorities
Abolition of Strategic Health Authorities
Abolition of Primary Care Trusts
Fluoridation of water supplies
Fluoridation of water supplies: transitional provision
Approval functions
Discharge of patients
After-care
Provision of pocket money for in-patients
Transfers to and from special hospitals
Independent mental health advocates
Patients' correspondence
Notification of hospitals having arrangements for special cases
Role of the Board and clinical commissioning groups in respect of emergencies
Secretary of State's emergency powers
New Special Health Authorities
Primary care services: directions as to exercise of functions
Charges in respect of certain public health functions
Pharmaceutical services expenditure
Secretary of State's duty to keep health service functions under review
Secretary of State's annual report
Certification of death
Amendments related to Part 1 and transitional provision
Part 2 — Further provision about public health
Functions in relation to biological substances
Other duties (1) — Crown / regulator
- Secretary of State must manage standards for biological substances Crown / Minister / Government department
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 3 — Regulation of health and adult social care services
Secretary of State's guidance on duty under section 62(9)
Other duties (1) — Crown / regulator
- Secretary of State must provide guidance on Monitor's general duties Crown / Minister / Government department
Duty to review regulatory burdens
Other duties (1) — Crown / regulator
- Regulators must review and reduce unnecessary regulatory burdens Statutory regulator
Duty to carry out impact assessments
Other duties (1) — Crown / regulator
- Monitor must carry out impact assessments for significant regulatory changes Statutory regulator
Requirement for health service providers to be licensed
- Obtain a licence to provide NHS healthcare services Any Person
Exemption regulations
Other duties (1) — Crown / regulator
- Secretary of State must consult and notify before granting license exemptions Crown / Minister / Government department
Application for licence
- Apply to NHS England for a provider licence Any Person
Licensing criteria
Other duties (1) — Crown / regulator
- NHS England must set and publish healthcare licensing criteria Statutory regulator
Grant or refusal of licence
Other duties (1) — Crown / regulator
- NHS England must grant or refuse healthcare licences promptly Statutory regulator
Right to make representations
Other duties (1) — Crown / regulator
- NHS England must notify and allow 28 days for representations on licence refusal Statutory regulator
Notice of decisions
Other duties (1) — Crown / regulator
- NHS England must notify you of licensing and revocation decisions Statutory regulator
Register of licence holders
Other duties (1) — Crown / regulator
- NHS England must maintain and provide access to a register of licence holders Statutory regulator
Standard conditions
Other duties (1) — Crown / regulator
- NHS England must establish and publish standard health service licence conditions Statutory regulator
Conditions: supplementary
- Comply with NHS licence conditions and information requests Licence Holder
Modification of standard conditions
Amended 14 timesModification references to the CMA
Amended 14 timesModification of conditions by order under other enactments
Amended 7 timesStandard condition as to transparency of certain criteria
Amended 8 timesPower to require documents and information
Amended 18 timesDiscretionary requirements
Amended 16 timesOther duties (1) — Crown / regulator
- NHS England may impose fines or compliance orders for licensing breaches Statutory regulator
Enforcement undertakings
Amended 8 timesFurther provision about enforcement powers
Amended 2 timesGuidance as to use of enforcement powers
Amended 6 timesOther duties (1) — Crown / regulator
- NHS England must publish guidance on enforcement and penalties Statutory regulator
Publication of enforcement action
Amended 3 timesOther duties (1) — Crown / regulator
- NHS England must publish details of enforcement actions in its annual report Statutory regulator
Notification of enforcement action
Amended 4 timesOther duties (1) — Crown / regulator
- NHS England must notify regulators of enforcement actions Statutory regulator
Imposition of licence conditions on NHS foundation trusts
Amended 3 timesDuration of transitional period
Amended 3 timesOrders under section 112: criteria for deciding applicable trusts
Amended 3 timesOther duties (1) — Crown / regulator
- NHS England must set and publish selection criteria for foundation trusts Statutory regulator
Repeal of sections 112 and 113
Amended 2 timesThe NHS payment scheme
Amended 2 timesOther duties (1) — Crown / regulator
- NHS England must publish and maintain the NHS payment scheme Statutory regulator
The NHS payment scheme: enforcement
Amended 2 timesThe NHS payment scheme: impact assessment and consultation
Amended 2 timesObjections to proposed NHS payment scheme
Amended 2 timesAmendments of the NHS payment scheme
Amended 2 timesInterpretation
Amended 2 timesPrice payable by commissioners for NHS services
Amended 1 timeThe national tariff
Amended 2 timesThe national tariff: further provision
Amended 2 timesConsultation on proposals for the national tariff
Amended 2 timesConsultation: further provision
Amended 2 timesResponses to consultation
Amended 6 timesDetermination on reference under section 120
Amended 2 timesChanges following determination on reference under section 120
Amended 4 timesPower to veto changes proposed under section 122
Amended 5 timesLocal modifications of prices: agreements
Amended 2 timesLocal modifications of prices: applications
Amended 2 timesApplications under section 125: notification of commissioners
Amended 1 timeCorrection of mistakes
Amended 1 timeHealth special administration orders
Amended 1 timeHealth special administration regulations
Amended 8 timesTransfer schemes
Amended 3 timesIndemnities
Amended 1 timePower to establish fund
Amended 4 timesApplications
Other duties (1) — Crown / regulator
- NHS England must process financial assistance applications for administrators Statutory regulator
Grants and loans
Amended 1 timePower to impose charges on commissioners
Amended 5 timesImposition of levy
Amended 3 timesPower of Secretary of State to set limit on levy and charges
Amended 2 timesConsultation
Amended 9 timesResponses to consultation
Amended 6 timesAmount payable
Amended 2 timesInvestment principles and reviews
Amended 4 timesOther duties (1) — Crown / regulator
- NHS England must publish investment principles and annual reviews Statutory regulator
Borrowing
Amended 4 timesSecretary of State's duty as respects variation in provision of health services
Amended 2 timesService of documents
Amended 4 timesElectronic communications
Amended 5 timesInterpretation, transitional provision and consequential amendments
Amended 12 timesBrowse 31 other sections in this Part — procedural / definitional / commencement
Monitor
General duties
General duties: supplementary
Power to give Monitor functions relating to adult social care services
Matters to have regard to in exercise of functions
Conflicts between functions
Information
Failure to perform functions
Functions under the Competition Act 1998
Functions under Part 4 of the Enterprise Act 2002
Competition functions: supplementary
Requirements as to procurement, patient choice and competition
Requirements under section 75: investigations, declarations and directions
Requirements under section 75: undertakings
Guidance
Mergers involving NHS foundation trusts
Co-operation with the CMA
Deemed breach of requirement to be licensed
Exemption regulations: supplementary
Application and grant: NHS trusts
Application and grant: NHS foundation trusts
Revocation of licence
Appeals to the Tribunal
Special conditions
Limits on NHS England’s functions to set or modify licence conditions
Conditions relating to the continuation of the provision of services etc.
Notification of commissioners where continuation of services at risk
Objective of a health special administration
Modification of this Chapter under Enterprise Act 2002
Duty to establish mechanisms for providing financial assistance
Shortfall or excess of available funds, etc.
Part 4 — NHS foundation trusts & NHS trusts
Governors
Amended 3 timesDirectors
Amended 1 timeMembers
Amended 1 timeAccounts: initial arrangements
Amended 1 timeAccounts: variations to initial arrangements
Amended 2 timesAnnual report and forward plan
Amended 6 timesMeetings
Amended 1 timeVoting
Amended 1 timeBodies which may apply for foundation trust status
Amended 1 timeAmendment of constitution
Amended 1 timePanel for advising governors
Amended 1 timeFinancial powers etc.
Amended 2 timesGoods and services
Amended 3 timesPrivate health care
Amended 1 timeInformation
Amended 1 timeSignificant transactions
Amended 1 timeMergers
Amended 1 timeAcquisitions
Amended 1 timeSeparations
Amended 1 timeDissolution
Amended 1 timeSupplementary
Amended 3 timesRepeal of de-authorisation provisions
Amended 2 timesTrust special administrators
Amended 2 timesObjective of trust special administration
Amended 2 timesProcedure etc.
Amended 5 timesAction following final report
Amended 3 timesSections 174 to 177: supplementary
Amended 3 timesAbolition of NHS trusts in England
Amended 1 timeRepeal of provisions on authorisation for NHS foundation trusts
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Authorisation
Part 5 — Public involvement and local government
Healthwatch England
Amended 4 timesActivities relating to local care services
Amended 1 timeLocal authority arrangements
Amended 1 timeLocal arrangements: power to make further provision
Amended 1 timeIndependent advocacy services
Amended 1 timeRequests, rights of entry and referrals
Amended 1 timeAnnual reports
Amended 1 timeTransitional arrangements
Amended 1 timeConsequential provision
Amended 1 timeScrutiny functions of local authorities
Amended 1 timeAmendments consequential on section 190
Amended 1 timeJoint strategic needs assessments
Amended 1 timeJoint health and wellbeing strategies
Amended 1 timeEstablishment of Health and Wellbeing Boards
Amended 6 timesDuty to encourage integrated working
Amended 1 timeOther duties (1) — Crown / regulator
- Health and Wellbeing Boards must encourage integrated care delivery Local authority
Other functions of Health and Wellbeing Boards
Amended 2 timesParticipation of NHS England
Amended 4 timesOther duties (1) — Crown / regulator
- NHS England must participate in local Health and Wellbeing Board planning Statutory regulator
Discharge of functions of Health and Wellbeing Boards
Amended 1 timeSupply of information to Health and Wellbeing Boards
Amended 4 times- Provide information to Health and Wellbeing Boards upon request Any Person
Care Trusts
Amended 2 timesDisclosure of reports etc. by the Health Service Commissioner
Amended 1 timePart 6 — Primary care services
Medical services: minor amendments
Amended 1 timePersons eligible to enter into general dental services contracts
Amended 1 timeArrangements under section 107 of the National Health Service Act 2006
Amended 1 timePayments in respect of costs of sight tests
Amended 1 timePharmaceutical needs assessments
Amended 1 timeControl of entry on pharmaceutical lists
Amended 6 timesBrowse 1 other section in this Part — procedural / definitional / commencement
Part 7 — Regulation of health and social care workers
Power to regulate social workers etc. in England
Amended 1 timeTraining etc. of approved mental health professionals in England
Amended 1 timeOrders regulating social care workers in England: further provision
Amended 1 timeAbolition of the General Social Care Council
Amended 3 timesRegulation of social workers in England
Amended 2 timesThe Health and Care Professions Council
Amended 1 timeFunctions of the Council in relation to social work in England
Amended 2 timesAppeals in cases involving social workers in England
Amended 2 timesApproval of courses for approved mental health professionals
Amended 1 timeExercise of function of approving courses, etc.
Amended 1 timeReferences in enactments to registered health professionals, etc.
Amended 1 timeFunctions of the Secretary of State in relation to social care workers
Amended 1 timeThe Professional Standards Authority for Health and Social Care
Amended 1 timeFunctions of the Authority
Amended 11 timesFunding of the Authority
Amended 1 timePower to advise regulatory bodies, investigate complaints, etc.
Amended 1 timeAccountability and governance
Amended 7 timesAppointments to regulatory bodies
Amended 1 timeEstablishment of voluntary registers
Amended 1 timeAccreditation of voluntary registers
Amended 1 timeConsequential provisions and savings, etc.
Amended 2 timesAbolition of the Office of the Health Professions Adjudicator
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Part 8 — The National Institute for Health and Care Excellence
The National Institute for Health and Care Excellence
Amended 1 timeGeneral duties
Amended 1 timeQuality standards
Amended 3 timesSupply of quality standards to other persons
Amended 1 timeAdvice or guidance to the Secretary of State or NHS England
Amended 2 timesAdvice, guidance, information and recommendations
Amended 3 timesOther duties (1) — Crown / regulator
- NICE may issue guidance and recommendations for health and social care Statutory regulator
NICE recommendations: appeals
Amended 1 timeTraining
Amended 2 timesAdvisory services
Amended 1 timeCommissioning guidance
Amended 3 timesNICE's charter
Amended 1 timeAdditional functions
Amended 1 timeArrangements with other bodies
Amended 1 timeFailure by NICE to discharge any of its functions
Amended 1 timeProtection from personal liability
Amended 1 timeInterpretation of this Part
Amended 2 timesDissolution of predecessor body
Amended 1 timeConsequential and transitional provision
Amended 2 timesPart 9 — Health and adult social care services: information
Powers to publish information standards
Amended 20 timesStandards relating to information technology
Amended 20 times... Procedure etc
Amended 3 timesConsistent identifiers
Amended 3 timesDuty to share information
Amended 3 times- Share information to support individual care for health or social care Any Person
Continuity of information: interpretation
Amended 3 timesMonitoring compliance
Amended 3 timesNotice requesting compliance by relevant IT providers
Amended 3 timesPublic censure of relevant IT providers
Amended 3 timesExercise of functions of Secretary of State by other persons
Amended 3 timesAccreditation of information technology etc
Amended 3 timesThe Health and Social Care Information Centre
Amended 2 timesNHS England data functions: general
Amended 12 timesPowers to direct NHS England to establish information systems
Amended 12 timesPowers to request NHS England to establish information systems
Amended 9 timesOther duties (1) — Crown / regulator
- NHS England must establish information systems upon request from specific bodies Statutory regulator
Requests for collection under section 255: confidential information
Amended 2 timesRequests under section 255: supplementary
Amended 2 times- Consult NHS England before requesting a new information system Any Person
Information systems: supplementary
Amended 3 timesOther duties (1) — Crown / regulator
- NHS England must consult stakeholders before setting up information systems Statutory regulator
Powers to require and request provision of information
Amended 15 timesPublication of information
Amended 10 timesOther duties (1) — Crown / regulator
- NHS England must publish collected health and care information Statutory regulator
Other dissemination of information
Amended 13 timesOther dissemination: directions and requests under sections 254 and 255
Amended 6 timesPublication and other dissemination: supplementary
Amended 6 timesOther duties (1) — Crown / regulator
- NHS England must seek expert advice before sharing or publishing data Statutory regulator
Code of practice on confidential information
Amended 11 timesInformation Register
Amended 2 timesOther duties (1) — Crown / regulator
- NHS England must maintain and publish a register of health information Statutory regulator
Advice or guidance
Amended 7 timesAssessment of quality of information
Amended 2 timesOther duties (1) — Crown / regulator
- NHS England must assess and publish the quality of collected health information Statutory regulator
Power to establish accreditation scheme
Amended 2 timesDatabase of quality indicators
Amended 3 timesPower to confer functions in relation to identification of GPs
Amended 2 timesAdditional functions
Amended 3 timesArrangements with other bodies
Amended 1 timeFailure by Information Centre to discharge any of its functions
Amended 1 timeProtection from personal liability
Amended 1 timePowers of Secretary of State or NHS England to give directions
Amended 17 timesSecretary of State’s guidance about NHS England data functions
Amended 17 timesOther duties (1) — Crown / regulator
- Secretary of State must provide guidance on NHS England data handling Crown / Minister / Government department
Interpretation of this Chapter
Amended 3 timesDissolution of predecessor body
Amended 1 timeConsequential provision
Amended 1 timeProvision of adult social care information to Secretary of State
Amended 1 timeRestrictions on onward disclosure of information
Amended 1 timeDirections to certain bodies to exercise functions under this Chapter
Amended 1 timeArrangements with third parties
Amended 1 timeEnforcement of provisions under this Part
Amended 1 timeDirections to Special Health Authority to exercise functions under section 277E
Amended 1 timePart 10 — Abolition of certain public bodies
The Alcohol Education and Research Council
Amended 1 timeThe Appointments Commission
Amended 1 timeThe National Information Governance Board for Health and Social Care
Amended 1 timeThe National Patient Safety Agency
Amended 1 timeThe NHS Institute for Innovation and Improvement
Amended 1 timeStanding advisory committees
Amended 1 timePart 11 — Miscellaneous
Special notices of births and deaths
Amended 1 timeProvision of information by Registrar General
Amended 1 timeProvision of information by Registrar General: Wales
Amended 1 timeProvision of statistical information by Statistics Board
Amended 1 timeMonitor: duty to co-operate with Care Quality Commission
Amended 11 timesOther duties (1) — Crown / regulator
- NHS England must co-operate with the CQC on licensing and registration Statutory regulator
Care Quality Commission: duty to co-operate with Monitor
Amended 12 timesOther duties to co-operate
Amended 17 timesBreaches of duties to co-operate
Amended 6 timesRequirement for Secretary of State to approve remuneration policy etc.
Amended 1 timeConduct of reviews etc.
Amended 5 timesFailure to discharge functions
Amended 1 timeArrangements between NHS England and Northern Ireland Ministers
Amended 3 timesArrangements between NHS England and Scottish Ministers etc.
Amended 3 timesArrangements between NHS England and devolved authorities in respect of education and training
Amended 3 timesRelationships between the health services
Amended 2 timesAdvice or assistance to public authorities in the Isle of Man or Channel Islands
Amended 4 timesCertificate of consent of community patients to treatment
Amended 1 timeTransfer schemes
Amended 4 timesTransfer schemes: supplemental
Amended 4 timesTransfer schemes in respect of previously transferred property
Amended 4 timesPart 12 — Final provisions
Regulations, orders and directions
Amended 13 timesCommencement
Amended 1 timeExtent
Amended 1 timeBrowse 4 other sections in this Part — procedural / definitional / commencement
Schedules
Further provision about NHS England’s enforcement powers
Other duties (1) — Crown / regulator
- NHS England must follow specific notice procedures for enforcement actions Statutory regulator
Procedure on references under section 120
Other duties (1) — Crown / regulator
- CMA must determine tariff or pricing method disputes within 30 working days Statutory regulator
Browse 21 other Schedules — structural / supplementary
The National Health Service Commissioning Board
Clinical commissioning groups
Amendments of the National Health Service Act 2006
Part 1: transitional provision
Monitor
References by Monitor to the CMA
Abolition of NHS trusts in England: consequential amendments
The Health and Social Care Information Centre
Part 9: consequential amendments
Amendments relating to relationships between the health services
Property transfer schemes
Staff transfer schemes
Pharmaceutical remuneration
Part 1: amendments of other enactments
Abolition of the Health Protection Agency: consequential amendments
Requirements under section 77: undertakings
Part 3: minor and consequential amendments
Part 7: consequential amendments and savings
The National Institute for Health and Care Excellence
Part 8: consequential amendments
Part 10: consequential amendments and savings
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Data and information governance (NHS England) (opens in a new tab) Detailed Guidance
- NHS Records Management Code of Practice (opens in a new tab) Detailed Guidance
- Data Security and Protection Toolkit (opens in a new tab) Detailed Guidance
- The Caldicott Principles (opens in a new tab) Publication
- Healthcare Improvement Scotland (opens in a new tab) Detailed Guidance
- RQIA (Northern Ireland) (opens in a new tab) Detailed Guidance
- Data protection and your business (opens in a new tab) Detailed Guidance
- UK GDPR guidance (ICO) (opens in a new tab) from ICO Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CQC
PrimaryCare Quality Commission
Independent regulator of health and social care in England. Registers, monitors, inspects and rates hospitals, care homes, GP practices, dental surgeries, and …
Health and Care Professions Council
Statutory regulator for 15 health and care professions including physiotherapists, paramedics, occupational therapists, radiographers, dietitians, biomedical scientists, and others. Maintains registers and …
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Regulators
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