National Health Service Act 2006 (c. 41)

Part 14 E+W Supplementary

275 Interpretation E+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 [F10 any 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)

  [F14 NHS England,]

  (b)

  [F15 an 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

F1 Words 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)

F2 Words in s. 275(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 132(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Words in s. 275(1) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 4 para. 8

F4 Words in s. 275(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 169 (with s. 247)

F5 Words in s. 275 inserted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 9(15) (with reg. 7)

F6 Words in s. 275(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 127 (with Sch. 5)

F7 Words in s. 275(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 132(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8 Words in s. 275(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 88, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9 Words in s. 275(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 275(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 1 para. 24; S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)

F11 Words in s. 275(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 132(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12 Words in s. 275(1) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 60(4), Sch. 3 Pt. 2

F13 Words in s. 275(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(2)(c) (with Sch. 4 para. 138(4)(5)); S.I. 2012/1831, art. 2(2) (with art. 13)

F14 Words in s. 275(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 11(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15 Words in s. 275(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 132(d); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F16 Words in s. 275(1) omitted (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 178(9), 306(4); S.I. 2012/2657, art. 2(2)

F17 Words in s. 275(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 10(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18 Words in s. 275(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 203

F19 Words in s. 275(1) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 14 (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in s. 275(1) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 13(4); S.I. 2010/1621, art. 2(1), Sch.

F21 Words in s. 275 omitted (31.12.2020 for specified purposes) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 3(b); 2020 c. 1, Sch. 5 para. 1(1) and omitted (31.12.2020 in so far as not already in force) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 3(h) (with reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12; 2020 c. 1, Sch. 5 para. 1(1))

F22 Words in s. 275(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 29; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F23 Words in s. 275(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 34(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 19(1)(2), 29, 30)

F24 Words in s. 275(1) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 54 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F25 Words in s. 275(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F26 Words in s. 275(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F27 Words in s. 275(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F28 S. 275(5) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 275 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 3 para. 4 (with Sch. 3 Pt. 1)

C2 S. 275 modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 2 para. 11 (with Sch. 3 Pt. 1)

C3 S. 275 modified (temp.) (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(4); S.I. 2012/1831, art. 2(2) (with art. 13)

C4 S. 275 modified (temp.) (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 138(5); S.I. 2012/1831, art. 2(2) (with art. 13)