Explanatory Notes

Health and Social Care Act 2012

2012 CHAPTER 7

27 March 2012

Territorial Extent and Application

Territorial application: Northern Ireland

42.Certain provisions of the Act extend to Northern Ireland, in addition to England and Wales and, in most cases, Scotland. Certain key provisions are highlighted in the following paragraphs.

43.Provisions in Part 2 that extend to Northern Ireland (as well as England, Wales and Scotland):

44.Certain provisions of Part 7, concerning the regulation of health and social care workers, extend and apply to Northern Ireland (as well as England and Wales and Scotland), as they relate to bodies with functions in relation to Northern Ireland.

45.Section 249 introduces Schedule 17, regarding the National Institute for Health and Care Excellence (NICE), which includes consequential amendments to legislation that extends to Northern Ireland, in addition to England and Wales and Scotland.

46.Section 252 introduces Schedule 18, regarding the Health and Social Care Information Centre, which includes consequential amendments to legislation that extends to Northern Ireland (for example, the Northern Ireland Assembly Disqualification Act 1975), in addition to England and Wales and Scotland.

47.Section 295 and Schedule 21 in Part 11 amend legislation relating to the health service in Northern Ireland. These provisions make consequential and other amendments to this legislation, including in relation to the arrangements between Northern Ireland health bodies and health bodies in England.

48.Some of these provisions relate to matters that are devolved in Northern Ireland. Westminster will not normally legislate with regard to devolved matters in Northern Ireland without the consent of the Northern Ireland Assembly. As there are provisions in this Act relating to such matters, the consent of the Northern Ireland Assembly has been granted through a legislative consent motion.