National Health Service Act 2006

Changes to legislation:

National Health Service Act 2006, Section 275 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 275:

s. 275(1) word substituted by 2012 c. 7 Sch. 14 para. 37
s. 275(1) words omitted by 2012 c. 7 s. 173(7)(a)
s. 275(1) words omitted by 2012 c. 7 s. 173(7)(b)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3B(1)(aa) inserted by 2022 c. 31 Sch. 3 para. 2(b)
s. 3B(1)(za) inserted by 2022 c. 31 Sch. 3 para. 2(a)
s. 13G(4) words omitted by virtue of 2012 c. 7, Sch. 14 para. 4A (as inserted) by 2014 c. 23 s. 120(18)(a)
s. 35(3A)(3B) inserted by 2012 c. 7 s. 159(4)
s. 35(3A) words substituted by 2022 c. 31 Sch. 5 para. 12(4) (This amendment not applied to legislation.gov.uk. The insertion of s. 35(3A) by 2012 c. 7 s.159(4) not yet in force.)
s. 40(4)-(4B) substituted for s. 40(4) by 2012 c. 7 Sch. 14 para. 5
s. 42(1A) inserted by 2012 c. 7 Sch. 14 para. 6
s. 65F(2A)-(2F) inserted by 2012 c. 7 Sch. 14 para. 15(4) (This amendment is itself amended before it comes into force by 2014 c. 23, ss. 85(15), 120(18)(b)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)(c))
s. 65H(10A) inserted by 2012 c. 7 Sch. 14 para. 17(4)
s. 65H(10A) omitted by 2022 c. 31 Sch. 8 para. 7(7) (This amendment not applied to legislation.gov.uk. 2012 c. 7 Sch. 14 revoked at 1.7.2022 by 2022 c. 31, s. 186(6), Sch. 7 para. 13 before the insertion of s. 65H(10A) could come into effect.)
s. 82A-83A and cross-heading substituted for s. 83 and cross-heading by 2022 c. 31 Sch. 3 para. 3
s. 84(4)-(4B) substituted for s. 84(4) by 2022 c. 31 Sch. 3 para. 4(4)
s. 92(5A) inserted by 2022 c. 31 Sch. 3 para. 9(4)
s. 94(3)(ca)(cb) substituted for s. 94(3)(ca) by 2022 c. 31 Sch. 3 para. 11(3)
s. 98A 98B substituted for s. 98A by 2022 c. 31 Sch. 3 para. 14
s. 98BC-99B and cross-heading substituted for s. 99 and cross-heading by 2022 c. 31 Sch. 3 para. 15
s. 100(3A)(3B) inserted by 2022 c. 31 Sch. 3 para. 16(4)
s. 109(3)(ca)(cb) substituted for s. 109(3)(ca) by 2022 c. 31 Sch. 3 para. 23(3)
s. 112(1)(za) inserted by 2022 c. 31 Sch. 3 para. 24(2)(b)
s. 114A 114B substituted for s. 114A by 2022 c. 31 Sch. 3 para. 26
s. 114C and cross-heading inserted by 2022 c. 31 Sch. 3 para. 27
s. 116A 116B and cross-heading inserted by 2022 c. 31 Sch. 3 para. 30
s. 117(4)(4A) substituted for s. 117(4) by 2022 c. 31 Sch. 3 para. 31(4)
s. 125A 125B substituted for s. 125A by 2022 c. 31 Sch. 3 para. 39
s. 223C(1)(c)(d) inserted by 2022 c. 31 s. 28
s. 223LA inserted by 2022 c. 31 s. 30(3)
Sch. 15 para. 4(1)(b) and word omitted by 2012 c. 7 Sch. 14 para. 39(3)

275InterpretationE+W

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

F1...
F2...
[F3“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,]
[F4“combined county authority” means a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023;]
“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 (c. 24),
[F5“education and training functions”, in relation to NHS England, means the functions conferred on it—
(a)
by section 296A of the Health and Social Care Act 2012 or under arrangements made under that section, or
(b)
by or under Chapter 1 of Part 3 of the Care Act 2014.]
“facilities” includes the provision of (or the use of) premises, goods, materials, vehicles, plant or apparatus,
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“financial year” means a period of 12 months ending with 31st March in any year [F7(except that in relation to an integrated care board it has the meaning given by section 14Z52(8))],
“functions” includes powers and duties,
“goods” include accommodation,
[F8“health” includes mental health;]
“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 F9... 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 [F10any disorder or disability of the mind] and any injury or disability requiring medical or dental treatment or nursing,
[F11“information” includes documents or records,]
[F11“integrated care board” means a body established under section 14Z25,]
“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,
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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,
[F13“NHS body” means—
(a)
[F14NHS England,]
(b)
[F15an integrated care board,]
(c)
a Special Health Authority,
(d)
an NHS trust,
(e)
an NHS foundation trust, and
(f)
a Local Health Board.]
“NHS trust” includes an NHS trust established under the National Health Service (Wales) Act 2006 F16...
[F17“NICE” means the National Institute for Health and Care Excellence;]
“officer” includes servant,
“optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 (c. 44) [F18, ]F19... 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,
[F20“registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010,]
F21...
“regulations” means regulations made by the Secretary of State,
F22...
[F23“regulatory functions”, in relation to NHS England, has the meaning given by section 13SB,]
“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.
[F24“Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.]

(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 F25... providing for the exercise by a F26... F27... 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 F26... F27... 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.

[F28(5)In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)—

(a)in section 223K(8), paragraph (a) of the definition of “relevant services”,

(b)in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”,

(c)in section 252A(10), the definition of “service arrangements”,

(d)section 253(1A)(d)(ii).]

Textual Amendments

F1Words in s. 275(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 11(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)