Health and Social Care Act 2012 (c. 7)

PART 11 U.K. Miscellaneous

Arrangements with devolved authorities etc. E+W

295 Arrangements between [F1 NHS England] and Northern Ireland Ministers E+W

(1) [F1 NHS England] may make arrangements with a Northern Ireland Minister for [F1 NHS England] to commission services for the purposes of the Northern Ireland health service.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to [F1 NHS England] in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

• “commission” means arrange for the provision of,

• “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and

• “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

Textual Amendments

F1 Words in s. 295 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I1 S. 295 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I2 S. 295 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

296 Arrangements between [F2 NHS England] and Scottish Ministers etc. E+W

(1) [F2 NHS England] may make arrangements with the Scottish Ministers or a Scottish health body for [F2 NHS England] to commission services for the purposes of the Scottish health service.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to [F2 NHS England] in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

• “commission” means arrange for the provision of, and

• “Scottish health body” means—

  (a)

  a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, and

  (b)

  the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.

Textual Amendments

F2 Words in s. 296 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I3 S. 296 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I4 S. 296 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F3 296A. Arrangements between NHS England and devolved authorities in respect of education and training E+W

(1) NHS England may make arrangements with a devolved authority for NHS England—

(a) to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;

(b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

• “devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, and

  (c)

  a Northern Ireland Minister.

• “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.]

Textual Amendments

F3 S. 296A 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. 12(3) (with reg. 7)

297 Relationships between the health services E+W

Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.

Commencement Information

I5 S. 297 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)

I6 S. 297 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)

298 Advice or assistance to public authorities in the Isle of Man or Channel Islands E+W

(1) [F4 NHS England] or [F5 an integrated care board] may provide advice or assistance to any public authority in the Isle of Man or Channel Islands.

(2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to payment, as [F4 NHS England] or (as the case may be) the [F6 integrated care board] considers appropriate.

Textual Amendments

F4 Words in s. 298 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 Words in s. 298(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 187(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 Words in s. 298(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 187(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I7 S. 298 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)