UKPGA-2022-31 Health and Care Act 2022 UK

The National Health Service Commissioning Board is renamed NHS England.

Schedule 1 contains consequential amendments.

Section 3B of the National Health Service Act 2006 (Secretary of State’s power to require commissioning of services) is amended as follows.

For subsection (2) substitute—

In subsection (3), omit paragraph (d).

After subsection (4) insert—

The National Health Service Act 2006 is amended as follows.

After section 12E insert—

In section 13U (annual report), after subsection (2A) (inserted by section 34 of this Act) insert—

The National Health Service Act 2006 is amended as follows.

In section 13A (mandate)—

In section 13B (the mandate: supplementary provision)—

In section 13T (business plan)—

In section 13U (annual report), in subsection (2), for paragraph (a) substitute— .

Section 13A of the National Health Service Act 2006 (mandate) is amended in accordance with subsection (2).

After subsection (2), insert the following new subsection—

The National Health Service Act 2006 is amended as follows.

In section 13L (duty in respect of research), after “functions,” insert “facilitate or otherwise”.

In section 13T (business plan), in subsection (2)(a), after “13G” insert “, 13L”.

In section 13U (annual report), in subsection (2)(c) (as amended by section 78(4) of this Act), at the appropriate place insert— .

The National Health Service Act 2006 is amended as follows.

After section 13S insert—

In Schedule 4 (NHS trusts: constitution etc), in paragraph 12, after sub-paragraph (1A) (inserted by Schedule 4 to this Act) insert—

In Schedule 7 (constitution of public benefit corporations), in paragraph 26, after sub-paragraph (1A) (inserted by Schedule 4 to this Act) insert—

The National Health Service Act 2006 is amended as follows.

After section 13YA (inserted by section 12 of this Act) insert—

In section 73 (directions and regulations under Part 2), in subsection (1), after paragraph (b) insert— .

The National Health Service Act 2006 is amended as follows.

In section 223B (funding of NHS England)—

In section 223GA (expenditure on integration)—

The National Health Service Act 2006 is amended as follows.

In section 272 (orders, regulations, rules and directions), in subsection (6)—

In Schedule A1 (constitution of NHS England), after paragraph 9 insert—

The National Health Service Act 2006 is amended as follows.

In Part 2, after Chapter A2 insert—

In section 272 (orders, regulations, rules and directions), in subsection (1), before paragraph (a) insert— .

Schedule 2 inserts into the National Health Service Act 2006 a new Schedule 1B (integrated care boards: constitution etc) and contains a consequential amendment.

The National Health Service Act 2006 is amended as follows.

After section 14Z30 (inserted by section 19 of this Act) insert—

In section 272 (orders, regulations, rules and directions)—

The Secretary of State may by regulations—

NHS England may, in connection with the amendments made by Schedule 3, make one or more schemes for the transfer of its property, rights and liabilities to an integrated care board.

The things that may be transferred under a transfer scheme include—

A transfer scheme may—

A transfer scheme may provide—

In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

For the purposes of this section—

The National Health Service Act 2006 is amended as follows.

After section 14Z31 (inserted by section 20 of this Act) insert—

In section 48 (power to obtain information from NHS foundation trust)—

In Schedule 4 (NHS trusts: constitution etc), in paragraph 13—

The Local Government and Public Involvement in Health Act 2007 is amended in accordance with subsections (2) to (6).

In section 104 (interpretation: partner authorities), in subsection (2), for paragraph (ja) substitute— .

In section 116 (health and social care: joint strategic needs assessments)—

After section 116 insert—

In section 116A (health and social care: joint health and wellbeing strategies)—

For section 116B substitute—

In the following provisions after “joint” insert “local”—

The National Health Service Act 2006 is amended as follows.

For the italic heading before section 223G substitute— .

After section 223GA insert—

Omit sections 223H to 223J (financial duties of clinical commissioning groups).

After section 223K insert—

The National Health Service Act 2006 is amended as follows.

Omit section 223GC (inserted by section 29 of this Act).

After section 223L (inserted by section 29 of this Act) insert—

Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows.

After section 46A (inserted by section 163 of this Act) insert—

In section 48 (special reviews and investigations), in subsection (2), after “46A” (inserted by section 163 of this Act) insert “or 46B”.

In section 50 (failings by English local authorities), in subsection (1), after “46A” (inserted by section 163 of this Act) insert “or 46B”.

In section 162 (orders and regulations: parliamentary control), in subsection (3), after paragraph (c) insert— .

Monitor is abolished.

Schedule 5 contains amendments to transfer Monitor’s functions to NHS England and related amendments.

The National Heath Service Act 2006 is amended as follows.

After section 13SA (inserted by section 11 of this Act) insert—

In section 13U (annual report), after subsection (2) insert—

In section 275 (interpretation), in subsection (1), at the appropriate place insert— .

Section 100 of the Health and Social Care Act 2012 (modification of standard conditions) is amended as follows.

After subsection (1) insert—

In subsection (2), for “such modifications” substitute “modifications under subsection (1)”.

In subsection (4), after paragraph (b) insert— .

The Special Health Authority called the National Health Service Trust Development Authority is abolished.

The following are revoked—

In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (d).

In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), omit paragraph (e) of the definition of “NHS body in England”.

The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from Monitor or the National Health Service Trust Development Authority to NHS England.

The things that may be transferred under a transfer scheme include—

A transfer scheme may—

In subsection (3)(e), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

In this section references to rights and liabilities include rights and liabilities relating to a contract of employment.

The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—

The provision which may be made under subsection (1)(a) includes in particular provision for—

The provision which may be made under subsection (1)(b) includes in particular provision for—

Regulations under this section are subject to annulment in pursuance of a resolution of the House of Commons.

In this section— “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax; “tax provision” means a provision of an enactment about a relevant tax.

The National Health Service Act 2006 is amended as follows.

After section 7A (inserted by section 42 of this Act) insert—

In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (a) insert— .

The National Health Service Act 2006 is amended as follows.

After section 7B (inserted by section 43 of this Act) insert—

In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (aa) (inserted by section 43 of this Act) insert— .

In section 272 (orders, regulations, rules and directions)—

The National Health Service Act 2006 is amended as follows.

Before section 13Z1 (and the italic heading before it) insert—

Omit section 13Z2 (failure to discharge functions) and the italic heading before it.

In Schedule A1 (constitution of NHS England), omit paragraph 14 and the italic heading before it.

After section 68 of the National Health Service Act 2006 insert—

Schedule 6 inserts into the National Health Service Act 2006 a new Schedule 10A to that Act (intervention powers in relation to the reconfiguration of NHS services).

The Secretary of State must carry out a review into the risk of slavery and human trafficking taking place in relation to people involved in NHS supply chains.

The Secretary of State may determine which NHS supply chains to consider as part of the review or otherwise limit the scope of the review.

But the review must at least consider a significant proportion of NHS supply chains for cotton-based products in relation to which companies formed under section 223 of the National Health Service Act 2006 (taken as a whole) exercise functions.

The Secretary of State must publish and lay before Parliament a report on the outcome of the review before the end of the period of 18 months beginning with the day on which this section comes into force.

The report must describe—

The report must include any views of the Secretary of State as to steps that should be taken to mitigate the risk mentioned in subsection (1).

NHS England must assist in the carrying out of the review or the preparation of the report under this section, if requested to do so by the Secretary of State.

In this section— “health service in England” means the health service continued under section 1(1) of the National Health Service Act 2006; “NHS supply chain” means the supply chain for providing goods or services for the purposes of the health service in England; “slavery and human trafficking” has the meaning given by section 54(12) of the Modern Slavery Act 2015.

In the National Health Service (Licence Exemptions, etc) Regulations 2013 (S.I. 2013/2677), omit regulation 4 (which exempts NHS trusts in England from the requirement to hold a licence).

After section 87 of the Health and Social Care Act 2012 insert—

The National Health Service Act 2006 is amended as follows.

After section 27 insert—

In Schedule 4—

The National Health Service Act 2006 is amended as follows.

After section 27A (inserted by section 54 of this Act) insert—

In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (ba) (inserted by section 13 of this Act) insert— .

In Schedule 4—

The National Health Service Act 2006 is amended as follows.

In section 33 (application by NHS trusts to become NHS foundation trusts), in subsection (1), omit “, if the application is supported by the Secretary of State”.

In section 35 (authorisation of NHS foundation trusts), in subsection (1), after “if” insert “the Secretary of State approves the authorisation and”.

In section 57 (supplementary provision in connection with mergers and acquisitions with NHS foundation trusts), in subsection (5), after “Secretary of State” insert “or NHS England”.

In Schedule 4—

The National Health Service Act 2006 is amended as follows.

After section 42A insert—

In section 64 (orders and regulations under Chapter 5), in subsection (1), after “regulations” insert “, other than the power to make an order under section 42B,”.

In the National Health Service Act 2006—

In the Health and Social Care Act 2012—

The National Health Service Act 2006 is amended as follows.

In section 56 (mergers)—

In section 56A (acquisitions)—

In section 56B (separations), for subsection (4) substitute—

The National Health Service Act 2006 is amended as follows.

After section 65Z4 (inserted by section 14 of this Act) insert—

In section 75(7B)—

In consequence of subsection (2), omit sections 13Z to 13ZB and the italic heading before those sections.

After section 275 of the National Health Service Act 2006 insert—

Schedule 9 contains—

In the National Health Service Act 2006 omit—

In consequence of subsection (1), in the Health and Social Care Act 2012, omit section 5.

The National Health Service Act 2006 is amended in accordance with subsections (2) and (3).

In section 72 (co-operation between NHS bodies)—

In section 82 (co-operation between NHS bodies and local authorities)—

In the Health and Social Care Act 2012, in section 96 (limits on functions to set or modify licence conditions)—

The National Health Service Act 2006 is amended as follows.

In section 6E (standing rules)—

After section 6E insert—

In section 13U (annual report), in subsection (2)(c), for the words from “sections” to the end substitute

Schedule 11 inserts into the National Health Service Act 2006 a new Schedule 1ZA (undertakings by integrated care boards).

In the National Health Service Act 2006—

Omit sections 75 to 78 of, and Schedule 9 to, the Health and Social Care Act 2012 (regulations etc relating to procurement, patient choice and competition).

In section 40 of the Small Business, Enterprise and Employment Act 2015 (investigation of procurement functions), in subsection (7), omit paragraph (b) and the “or” before it.

The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (S.I. 2013/500) are revoked.

The National Health Service Act 2006 is amended as follows.

After section 12ZB (inserted by section 79) insert—

In section 272 (orders, regulations, rules and directions), in subsection (6), after paragraph (zze) (inserted by section 80), insert— .

After section 13SB of the National Health Service Act 2006 (inserted by section 34(2) of this Act) insert—

In the Health and Social Care Act 2012, omit section 80 (co-operation between monitor and CMA).

After section 72 of the National Health Service Act 2006 insert—

Omit section 79 of the Health and Social Care Act 2012 (competition: mergers involving NHS foundation trusts).

Omit sections 72 and 73 of the Health and Social Care Act 2012 (Monitor and CMA: concurrent functions).

Schedule 12 contains consequential amendments.

The Health and Social Care Act 2012 is amended as follows.

In section 95 (licensing: special conditions), in subsection (1)—

In section 100 (modification of standard conditions)—

Omit section 101 (modification references to the CMA).

In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—

In section 141 (levy on providers: consultation), in subsection (8), omit “and section 142”.

Omit section 142 (levy on providers: responses to consultation).

In section 304 (regulations, orders and directions), in subsection (5), omit paragraphs (d) and (j).

Omit Schedule 10 (references by Monitor to the CMA).

In the National Health Service Act 2006—

In the NHS Counter Fraud (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017 (S.I. 2017/958)—

In consequence of subsection (1), in the Health and Social Care Act 2012, omit section 48.

After section 29 of the National Health Service Act 2006 insert—

In Schedule 4 to that Act (NHS trusts), after paragraph 11 insert—

In consequence of subsections (1) and (2)—

In the Health and Social Care Act 2012, omit—

For section 302 of that Act substitute—

In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in Part 1 of the Table at the end of paragraph 3, omit “or section 300 of the Health and Social Care Act 2012”.

The committees of Health Education England called Local Education and Training Boards are abolished.

In consequence, the Care Act 2014 is amended as follows.

In section 100 (objectives, priorities and outcomes), in subsection (4)—

Omit sections 103 to 107 and the italic heading before them (local functions).

In section 108 (tariffs), in subsection (9), omit “an LETB or”.

In section 119 (interpretation and supplementary provision), in the table in subsection (1), omit the entries relating to the following— ; ; .

In Schedule 5 (Health Education England)—

Omit Schedule 6 (local education and training boards).

In the Care Act 2014—

The Community Care (Delayed Discharges etc) Act 2003 is repealed.

In consequence of subsection (1)—

In consequence of subsection (2)—

The Secretary of State may by regulations require manufacturers or commercial suppliers of health care products, or connected persons, to—

The regulations may make further provision about when and how the information is to be published or provided.

The information may, in particular, include information about—

The regulations may make provision permitting or requiring the further sharing, publication or use of the information.

The regulations may impose requirements on manufacturers or commercial suppliers of health care products, or connected persons, about the retention of information relating to payments or other benefits provided by them to relevant persons.

The regulations may—

The regulations may impose requirements on a person mentioned in subsection (6)(c)(i) about the retention of information mentioned there.

The provision for exceptions that may be made by the regulations includes provision authorising the Secretary of State to grant an exception from a requirement imposed by the regulations in a particular case, on grounds specified in the regulations.

The regulations may provide that the disclosure of information under the regulations does not breach—

Provision made by the regulations may, in particular, be framed by reference to manufacturers or commercial suppliers with a specified connection to the United Kingdom or a part of it.

In this section—

In this section— “commercial supplier”, in relation to a health care product, means a person who supplies the product otherwise than in the course of providing health care; “data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018; “health care” means all forms of health care provided for individuals, whether relating to physical or mental health; “health care product” means a medicine, medical device or other product which is supplied or prescribed in the course of the provision of health care; “manufacturer”, in relation to a health care product, means a person who manufactures or assembles the product; “payments or other benefits” includes any payment or other benefit— wherever it is provided, whether or not it is of a financial nature, whether it is provided under a contract or otherwise, and whether it is provided directly or through a third party.

Regulations under section 92(1) may make provision for the enforcement of requirements imposed by the regulations, including provision conferring on the Secretary of State the power to impose a financial penalty on a person who, without reasonable excuse—

The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

Regulations by virtue of subsection (1) must include provision—

The provision that may be made by the regulations by virtue of subsection (1) includes provision—

Before making regulations under section 92, the Secretary of State must—

Consent is not required under subsection (1)(c) in relation to any provision if—

The Health and Social Care Act 2012 is amended as follows.

In section 250 (information standards)—

For section 251 substitute—

In section 251C (continuity of information: interpretation)—

In section 304 (regulations etc), in subsection (5), before paragraph (k) insert— .

The Health and Social Care Act 2012 is amended as follows.

In section 253(1) (general duties of the Information Centre)—

In section 261(1A) (other dissemination of information), for “the purposes of” substitute “purposes connected with”.

The Health and Social Care Act 2012 is amended as follows.

After section 277D (inserted by section 99 of this Act) insert—

In section 304 (regulations etc), in subsection (5), after paragraph (ja) (inserted by section 95 of this Act) insert— .

The Medicines and Medical Devices Act 2021 is amended in accordance with subsections (2) to (9).

In Part 2, for the heading of Chapter 1 substitute “Regulations: general”.

After that Chapter insert—

In section 19 (medical devices: information systems)—

In section 43 (power to make consequential etc provision)—

In section 44 (scope of powers of Northern Ireland departments) after “2(1)” insert “, 7A(1)”.

In section 45 (consultation)—

In section 46 (reporting requirements)—

In section 47 (procedure for regulations), in subsection (2), after “2(1)” insert “, 7A(1)”.

In section 253 of the Health and Social Care Act 2012 (general duties of Information Centre), after subsection (2) insert—

The Secretary of State may by regulations transfer a function of a relevant body to another relevant body.

Regulations under this section may be made only if the Secretary of State considers that they serve the purpose of improving the exercise of public functions, having regard to—

Regulations under this section may not transfer a function of NHS England if the Secretary of State considers that to do so would make NHS England redundant.

The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes provision—

Where— the Secretary of State must make provision by virtue of section 183(1)(a) modifying the constitutional arrangements of the body referred to in paragraph (a) so that they contain corresponding provision as to membership.

In this section, “Minister” means a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).

The Secretary of State may by regulations provide for a relevant body to exercise specified functions of the Secretary of State on behalf of the Secretary of State.

The functions that may be specified are —

The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes provision—

Where— the Secretary of State must make provision by virtue of section 183(1)(a) modifying the relevant body’s constitutional arrangements so that they contain corresponding provision as to membership.

Regulations under this section may make provision for determining whether and in what circumstances the Secretary of State or a relevant body is liable for the exercise of the specified functions by the relevant body.

The specification of a function in regulations under this section does not preclude the Secretary of State from exercising the function.

In this section “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act).

In sections 103 and 104, references to modifying the functions of a body include—

In sections 103 and 104, references to the constitutional arrangements of a body include matters relating to—

In sections 103 and 104, references to modifying the funding arrangements of a body include—

Regulations under section 103 or 104 may repeal and re-enact (but may not create)—

The provision which may be made by regulations under section 103 or 104 may be made by repealing, revoking or amending provision made by or under an Act, whenever passed or made.

The provision which may be made by regulations under section 103 or 104 by virtue of section 183(1)(a) includes provision repealing, revoking or amending provision made by or under any of the following, whenever passed or made—

In this section, “Minister” means a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).

The Secretary of State may, in connection with regulations under section 103 or 104, make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).

A transfer scheme in connection with regulations under section 103 may provide for the transfer of property, rights or liabilities to any appropriate person from the relevant body from which functions are transferred by the regulations.

A transfer scheme in connection with regulations under section 104 may provide for the transfer of property, rights or liabilities to any appropriate person from—

The things that may be transferred under a transfer scheme include—

A transfer scheme may—

A transfer scheme may provide—

In subsection (5)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

For the purposes of this section—

For the purposes of subsection (8)(a)—

In this section “appropriate person” means—

The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—

The provision which may be made under subsection (1)(a) includes in particular provision for—

The provision which may be made under subsection (1)(b) includes in particular provision for—

Regulations under this section are subject to annulment in pursuance of a resolution of the House of Commons.

In this section references to the transfer of property include the grant of a lease.

In this section— “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax; “tax provision” means a provision of an enactment about a relevant tax.

Before making regulations under section 103 or 104, the Secretary of State must—

Consent is not required under subsection (1)(c)(i) in relation to any provision if—

Before making regulations under section 103 or 104, the Secretary of State must consult the following about a draft of the regulations—

If, as a result of consultation under this section, it appears to the Secretary of State appropriate to change the draft regulations, the Secretary of State must carry out such further consultation with respect to the changes as the Secretary of State considers appropriate.

It is immaterial for the purposes of this section whether consent is obtained or consultation is carried out before or after the commencement of this section.

A body corporate called the Health Services Safety Investigations Body is established.

In this Part that body is referred to as “the HSSIB”.

Schedule 13 contains further provision about the HSSIB.

The HSSIB has the function of investigating incidents that—

The purpose of the investigations is to—

In particular, where an investigation relates to an incident that did not occur during the provision of NHS services, the HSSIB must consider whether, in relation to any risks identified, the systems and practices in the provision of NHS services could be improved.

The purpose of the investigations does not include assessing or determining—

In this Part, an incident within subsection (1) is called a “qualifying incident”.

The HSSIB’s function under section 110 includes determining which qualifying incidents it will investigate, subject to subsection (2).

The Secretary of State may direct the HSSIB to carry out an investigation of—

A direction under subsection (2) may specify the date by which the HSSIB must publish its final report (see section 113).

A direction under subsection (2)—

Once the HSSIB has begun an investigation into a qualifying incident, it must, in such manner as it thinks appropriate, publish a statement which—

The HSSIB may give advance notice of a statement under subsection (5) to any person the HSSIB considers may be affected by the investigation.

Where the HSSIB discontinues an investigation, it must, in such manner as it thinks appropriate, publish a statement which—

Where the HSSIB determines not to investigate a qualifying incident, it may give notice of its determination to any person the HSSIB considers to have an interest in the determination.

Notice under subsection (8) may include—

The HSSIB must determine and publish—

The processes determined under subsection (1)(c) must include—

Different processes under subsection (1)(c) or (d) may be determined for different descriptions of investigation.

Anything published under subsection (1)(d) must be—

The HSSIB must review the criteria, principles and processes—

If the HSSIB revises the criteria, principles and processes it must publish them as revised.

In determining or revising the criteria, principles and processes the HSSIB must consult—

When the HSSIB completes an investigation, it must publish a report on the outcome of the investigation (the “final report”).

The final report must—

The final report must focus on ascertaining risks to the safety of patients and any recommendations as to the action to be taken by any person must focus on addressing those risks (rather than on the activities of individuals involved in the incident).

In particular, the final report may not include an assessment or determination of—

Information which is protected material (see section 122(2)) may be disclosed in a final report if the HSSIB determines that the benefits to the safety of patients served by the disclosure outweigh—

The final report may not, without their consent, include the name of any individual—

Where an investigation is carried out pursuant to a direction under section 111, the HSSIB must send a copy of the final report to the Secretary of State.

While the HSSIB is carrying out an investigation, it may publish a report on any matter relating to the investigation (an “interim report”).

An interim report may—

Subsections (3) to (7) of section 113 apply in relation to an interim report as they apply in relation to a final report.

Before it publishes a final or interim report, the HSSIB—

If a person who the HSSIB reasonably believes could have been adversely affected by the report has died, the draft report must be sent to the person (if any) who appears to the HSSIB to best represent the interests of the person who has died.

The HSSIB must notify every person to whom a draft report is sent that the person has an opportunity to comment on the draft report before the deadline specified by the HSSIB.

If a person’s comments on a draft report are not taken into account in the final or interim report as published, the HSSIB must explain to the person why that is.

This section applies where a final or interim report includes recommendations as to the action to be taken by any person.

The HSSIB must, in such manner as it thinks appropriate, send the report to that person or make it available to them.

The report must specify the deadline for that person to provide a written response.

Before that deadline, the person must respond to the HSSIB in writing setting out the actions they propose to take in pursuance of the recommendations.

The HSSIB may publish the response.

Subsection (4) does not require a person to do anything that they could be required to do by an Act of Senedd Cymru made without the consent of a Minister of the Crown.

A final report, an interim report and the draft of a final or interim report sent to a person under section 115 are not admissible in any proceedings within subsection (2).

Those proceedings are—

But the High Court may order that a final or interim report is admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them.

The HSSIB may make representations to the High Court about any application under subsection (3).

The High Court may make an order under subsection (3) only if it determines that the interests of justice served by admitting the report outweigh—

If an investigator considers it necessary for the purposes of an investigation, the investigator may—

In subsection (1)(b) the reference to inspecting and taking copies of any document includes requiring any document which is kept in electronic form to be produced in a form in which it is legible and can be taken away.

Where any document, equipment or other item is seized by an investigator, or any copy of a document is taken, it may be retained by the HSSIB for so long as is necessary for the purposes of the investigation.

An investigator exercising any power conferred by this section must, if asked, produce evidence of the investigator’s authority from the HSSIB to act on its behalf.

The powers conferred by subsection (1) may be exercised in relation to premises in which there is a Crown interest, but only if the HSSIB gives reasonable notice to the occupier of the premises of its intention to enter and inspect the premises.

But if the Secretary of State certifies that it appears to the Secretary of State appropriate in the interests of national security that the powers conferred by subsection (1)— those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable except in the circumstances specified.

In this section “Crown interest” means—

An investigator may by notice require any person—

An investigator may give a person a notice only if the investigator reasonably believes that—

But a person is not required by virtue of subsection (1) to provide any information, document, equipment or other item where—

A notice must—

If a notice requires a person to provide anything which is kept in electronic form, the notice may require it to be provided in a form in which it is legible.

An investigator may withdraw a notice under subsection (1) by giving notice of withdrawal to the person to whom the notice was given.

Where any document, equipment or other item is provided to an investigator pursuant to a notice, it may be retained by the HSSIB for so long as is necessary for the purposes of the HSSIB’s investigation function, unless its retention would risk the safety of any patient.

Where a person attends to answer questions pursuant to a notice under subsection (1)(a), the HSSIB—

In this section “specified” means specified in the notice.

A person commits an offence if the person—

A person commits an offence if the person provides information to the HSSIB for the purposes of the HSSIB’s investigation function which the person knows or suspects is false or misleading in a material respect.

It is a defence for a person charged with an offence under subsection (2) to show that—

If a person charged with an offence under subsection (2) relies on the defence under subsection (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

A person who commits an offence under this section is liable on summary conviction to a fine.

Subsections (1)(a) and (5) apply to persons in the public service of the Crown as they apply to other persons.

The HSSIB, or an individual connected with the HSSIB, must not disclose protected material to any person.

In this Part “protected material” means any information, document, equipment or other item which—

In this Part “individual connected with the HSSIB” means—

For the purposes of subsection (3)(d) an individual “works for” the HSSIB if the individual works—

An individual who was, but has ceased to be, connected with the HSSIB must not disclose to any person, other than the HSSIB or an individual connected with the HSSIB, any information, document, equipment or other item held by that individual—

Section 122(1) does not apply to a disclosure which is required or authorised by—

Regulations under subsection (1)(c) may, for example, require or authorise disclosures of protected material by reference to—

But regulations under subsection (1)(c) may not require or authorise disclosures of protected material by reference to the qualifying incident to which the material relates.

Regulations under subsection (1)(c) may provide for a person to exercise a discretion in dealing with any matter.

Subject to subsection (6), regulations under subsection (1)(c) may provide that disclosures which are required or authorised by the regulations do not breach—

Nothing in regulations under subsection (1)(c) operates to require or authorise disclosures which would contravene the data protection legislation (but, for the purposes of this subsection, in determining whether any disclosure required or authorised by the regulations would do so, take the requirement or authorisation into account).

A person commits an offence if the person—

An individual who was, but has ceased to be, connected with the HSSIB commits an offence if the individual—

Subsection (4) applies where protected material is disclosed to a person not connected with the HSSIB—

The person not connected with the HSSIB to whom protected material is disclosed as specified in subsection (3) commits an offence if the person—

A person who commits an offence under this section is liable on summary conviction to a fine.

A power under any enactment (whenever passed or made) other than this Part to require the disclosure of, or to seize, any information, document, equipment or other item may not be used—

Subsection (1) applies to a power to require disclosure, or to seize, however it is expressed (and, for example, it applies if the power is to require a person to give, supply, furnish or produce any information, document, equipment or other item).

Subsection (1) does not apply to a power to the extent that the provision conferring it is within the legislative competence of a devolved legislature.

A provision is within the legislative competence of a devolved legislature if—

In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

References to the HSSIB in subsection (1) include—

This section applies where—

The HSSIB and the listed person must co-operate with each other regarding practical arrangements for co-ordinating those investigations.

The following are listed persons—

The HSSIB must publish guidance about when a qualifying incident is to be regarded as related to another incident for the purposes of this section.

If the HSSIB revises the guidance the HSSIB must publish it as revised.

The HSSIB must comply with—

In subsection (1) “relevant NHS body” means—

For the purposes of this section giving assistance includes—

Subsection (1) does not apply if—

The HSSIB may give assistance to a person other than a relevant NHS body in relation to any matter connected with the carrying out of investigations if the HSSIB has been requested to provide the assistance by the person to whom it is to be given.

But the HSSIB may give assistance under subsection (5) only to the extent that the assistance does not to any significant extent interfere with the exercise by the HSSIB of its investigation function.

The activities which the HSSIB may carry out in, or in connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom.

The HSSIB may impose charges for or in connection with giving assistance under subsection (5).

Charges under subsection (8) may be calculated on the basis that the HSSIB considers to be the appropriate commercial basis.

The HSSIB may enter into an agreement with any person for the HSSIB to carry out an investigation falling within subsection (2).

An investigation falls within this subsection if—

The services referred to in subsection (2) are—

The HSSIB may impose charges for providing services under an agreement under subsection (1).

Those charges must not exceed the costs incurred by the HSSIB in providing the services.

The HSSIB may enter into an agreement under subsection (1) only if it considers that the provision of the services under the agreement will not to any significant extent interfere with the exercise by the HSSIB of its investigation function.

This section applies if the Secretary of State considers that—

The Secretary of State may direct the HSSIB to exercise such of its functions, in such manner and within such period, as the direction specifies.

But the Secretary of State may not give a direction under subsection (2) which directs the outcome of a particular investigation.

If the HSSIB fails to comply with a direction under subsection (2), the Secretary of State may—

The reference in subsection (1)(a) to exercising a function includes a reference to exercising it properly.

A direction under subsection (2)—

Before the end of the period mentioned in subsection (2), the Secretary of State must—

The period is four years beginning with the day on which section 110 comes into force.

Where an offence under this Part is committed by a body corporate and is proved— the officer (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.

In subsection (1) “officer”, in relation to a body corporate, means— In paragraph (a) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.

Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.

For the purposes of such proceedings Schedule 3 to the Magistrates’ Courts Act 1980 applies as it applies in relation to a body corporate.

A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.

Where an offence is committed by a partnership and is proved— the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.

In this section— “offence” means an offence under this Part; “partner” includes a person purporting to act as a partner.

Subject to subsection (2), a disclosure of any information, document, equipment or other item which is required or authorised by or under section 119 or 120 or Schedule 14 does not breach—

Nothing in this Part operates to require or authorise a disclosure of information which would contravene the data protection legislation (but, for the purposes of this subsection, in determining whether a disclosure required or authorised by or under this Part would do so, take the requirement or authorisation into account).

It is an offence under the law of England and Wales for a person to carry out virginity testing.

“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

In subsection (2), “female genitalia” means a vagina or vulva.

It is an offence under the law of England and Wales—

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 136(4); “virginity testing” has the meaning given by section 136(2).

It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 136 of any rule of law relating to aiding, abetting, counselling or procuring.

In this section— “United Kingdom national” has the meaning given by section 136(4); “virginity testing” has the meaning given by section 136(2).

A person who commits an offence under section 136, 137 or 138 is liable—

In subsection (1)(a) “the maximum summary term for either-way offences” means—

It is an offence under the law of Scotland for a person to carry out virginity testing.

“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

In subsection (2), “female genitalia” means a vagina or vulva.

It is an offence under the law of Scotland—

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 140(4); “virginity testing” has the meaning given by section 140(2).

It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of virginity testing that has a sufficient jurisdictional connection.

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 140 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.

In this section— “United Kingdom national” has the meaning given by section 140(4); “virginity testing” has the meaning given by section 140(2).

A person who commits an offence under section 140, 141 or 142 is liable—

Where a person outside Scotland commits an offence under section 140, 142 or 143 the person may be prosecuted, tried and punished for the offence— as if the offence had been committed in that district.

Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

It is an offence under the law of Northern Ireland for a person to carry out virginity testing.

“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

In subsection (2), “female genitalia” means a vagina or vulva.

It is an offence under the law of Northern Ireland—

Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 144(4); “virginity testing” has the meaning given by section 144(2).

It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.

Virginity testing has a sufficient jurisdictional connection fr the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 144 of any rule of law relating to aiding, abetting, counselling or procuring.

In this section— “United Kingdom national” has the meaning given by section 144(4); “virginity testing” has the meaning given by section 144(2).

It is an offence under the law of England and Wales for a person to carry out hymenoplasty.

“Hymenoplasty” means the reconstruction of the hymen (with or without consent).

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

It is an offence under the law of England and Wales—

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 148(4); “hymenoplasty” has the meaning given by section 148(2).

It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 148 of any rule of law relating to aiding, abetting, counselling or procuring.

In this section— “United Kingdom national” has the meaning given by section 148(4); “hymenoplasty” has the meaning given by section 148(2).

A person who commits an offence under section 148, 149 or 150 is liable—

In subsection (1)(a) “the maximum summary term for either-way offences” means—

It is an offence under the law of Scotland for a person to carry out hymenoplasty.

“Hymenoplasty” means the reconstruction of the hymen (with or without consent).

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

It is an offence under the law of Scotland—

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 152(4); “hymenoplasty” has the meaning given by section 152(2).

It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of hymenoplasty that has a sufficient jurisdictional connection.

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 152 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.

In this section— “United Kingdom national” has the meaning given by section 152(4); “hymenoplasty” has the meaning given by section 152(2).

A person who commits an offence under section 152, 153 or 154 is liable—

Where a person outside Scotland commits an offence under section 152, 153 or 154 the person may be prosecuted, tried and punished for the offence— as if the offence had been committed in that district.

Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

It is an offence under the law of Northern Ireland for a person to carry out hymenoplasty.

“Hymenoplasty” means the reconstruction of the hymen (with or without consent).

An offence is committed under subsection (1) only if the person—

“United Kingdom national” means an individual who is—

It is an offence under the law of Northern Ireland—

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

In this section— “United Kingdom national” has the meaning given by section 156(4); “hymenoplasty” has the meaning given by section 156(2).

It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.

Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

This section does not affect the application to an offence under section 156 of any rule of law relating to aiding, abetting, counselling or procuring.

In this section— “United Kingdom national” has the meaning given by section 156(4); “hymenoplasty” has the meaning given by section 156(2).

In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—

In section 88 of the National Health Service (Wales) Act 2006 (remuneration for persons providing pharmaceutical services)—

The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 is renamed the Healthcare (International Arrangements) Act 2019.

That Act is amended as follows.

Omit section 1 (power to make healthcare payments).

For section 2 substitute—

In section 3 (meaning of “healthcare” and “healthcare agreement”), for the definition of “healthcare agreement” substitute— .

In section 7 (regulations and directions)—

In section 8 (short title etc), in subsection (3), for “Healthcare (European Economic Area and Switzerland Arrangements) Act 2019” substitute “Healthcare (International Arrangements) Act 2019”.

Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows.

In section 46 (reviews and performance assessments by the Care Quality Commission), in the heading, at the end insert “: registered service providers”.

After section 46 insert—

In section 48 (special reviews and investigations)—

In section 50 (failings by English local authorities), in subsection (1), after “46” insert “, 46A”.

In section 60 (inspections)—

In section 7D of the Local Authority Social Services Act 1970 (default powers of Secretary of State as respects social services functions of local authorities)—

The Care Act 2014 is amended in accordance with subsections (3) and (4).

After section 72 insert—

In section 125(4) (regulations and orders subject to affirmative procedure), after paragraph (k) insert— .

The Health and Social Care Act 2008 is amended as follows.

In section 48 (special reviews and investigations), in subsection (6) omit “or (3)”.

In section 50 (failings by English local authorities)—

The Care Act 2014 is amended as follows.

In section 15 (cap on care costs), for subsections (2) and (3) substitute—

In section 24 (the steps for the local authority to take), for subsection (3) substitute—

In section 26 (personal budget), for subsections (1) and (2) substitute—

In section 28 (independent personal budget)—

In section 29 (care account), in subsection (1), in the words before paragraph (a), for the words from “the local authority” to “present” substitute “the responsible local authority”.

In section 31 (adults with capacity to request direct payments), in subsection (1), for paragraph (a) substitute— .

In section 32 (adults without capacity to request direct payments), in subsection (1), for paragraph (a) substitute— .

In section 37 (notification, assessment etc.), in subsection (15), omit paragraph (a).

In section 80 (Part 1: interpretation), in the table in subsection (1), at the appropriate places insert— .

The Health and Social Care Act 2008 is amended as follows.

In section 149 (power of Secretary of State to give financial assistance in relation to provision of health or social care services)—

In section 151 (forms of assistance under section 149), in subsection (2)(d), after “149(1)” insert “or (1A)”.

For section 153 substitute—

In section 154 (arrangements with other third parties)—

In section 155 (power to form company), after “section 154(1)” insert “or (1A)”.

The Health Act 1999 is amended as follows.

In section 60 (regulation of health professions and social care workers etc)—

In section 62 (regulations and orders), after subsection (10) insert—

In Schedule 3 (power to make provision about regulation of health care and associated professions: supplementary)—

After section 18 of the Coroners and Justice Act 2009 insert—

In section 19 of that Act (medical examiners)—

In section 20 of that Act (medical certificate of cause of death), in subsection (5), for “a local authority or Local Health Board” substitute “an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)”.

In section 48 of that Act (interpretation: general), in subsection (1), in the definition of “medical examiner”, for “section 19” substitute “section 18A or 18B”.

In section 41 of the Births and Deaths Registration Act 1953 (interpretation), in subsection (1), in the definition of “medical examiner”, for “means a person appointed under section 19” substitute “has the meaning given by section 48(1)”.

In the Health and Social Care Act 2012 omit section 54 (which inserted references to local authorities into sections 19 and 20 of the Coroners and Justice Act 2009).

After section 32 of the Human Tissue Act 2004 insert—

After section 20 of the Human Tissue (Scotland) Act 2006 insert—

In section 16 of the Food Safety Act 1990 (regulations about food labelling etc), after subsection (3) insert—

In section 48 (regulations and orders)—

The Water Industry Act 1991, as amended by the Health and Social Care Act 2012, is amended in accordance with subsections (2) to (7).

In section 87 (fluoridation of water supplies at request of relevant authorities)—

In section 87A (target concentration of fluoride), omit subsection (3A).

Omit sections 88B to 88O (procedural requirements in connection with fluoridation of water supplies).

In section 89 (consultation)—

In section 90A (review of fluoridation), omit subsection (5A).

In section 213 (power to make regulations), in subsection (1), after “36A” insert “, 87(6A)”.

In consequence of the amendments made by this section, omit section 36 of the Health and Social Care Act 2012.

The reference in section 213(1A) of the Water Industry Act 1991 to the first exercise of the power to make regulations under section 89 is to be read as a reference to the first exercise of the power to make regulations under that section as amended by subsection (5).

The Water Industry Act 1991 is amended in accordance with subsections (2) and (3).

After section 90A insert—

In section 91—

In consequence of the amendments made by this section, omit section 37 of the Health and Social Care Act 2012.

The Secretary of State must arrange for the carrying out of a review into the causes of disputes between (on the one hand) persons with parental responsibility for a critically ill child and (on the other) persons responsible for the provision of care or medical treatment for the child as part of the health service in England.

The Secretary of State must publish and lay before Parliament a report on the outcome of the review, within one year beginning with the date on which this section comes into force.

In this section— “child” means a person aged under 18; “health service in England” means the health service continued under section 1(1) of the National health Service Act 2006; “parental responsibility” has the meaning given by section 3 of the Children Act 1989.

Section 1 of the Abortion Act 1967 is amended as follows.

In subsection (3), for “subsection” substitute “subsections (3B) to”.

In subsection (3A)—

After subsection (3A) insert—

The Secretary of State must publish and lay before Parliament a report describing the government’s policy in relation to the sharing of information by or with public authorities in the exercise of relevant functions of those authorities, for purposes relating to—

In this section, “relevant functions” means functions relating to children’s health or social care, so far as exercisable in relation to England.

The report must include an explanation of whether or to what extent it is the government’s policy that a consistent identifier should be used for each child, to facilitate the sharing of information.

The report must include a summary of the Secretary of State’s views about implementation of the policy referred to in subsection (1), including any views about steps that should be taken to overcome barriers to implementation.

The report must be published and laid before Parliament within one year beginning with the date on which this section comes into force.

In this section “child” means a person aged under 18.

The Secretary of State may, for the purposes of reducing the risk of harm to the health or safety of members of the public, make regulations—

In this section—“cosmetic procedure” means a procedure, other than a surgical or dental procedure, that is or may be carried out for cosmetic purposes; and the reference to a procedure includes—the injection of a substance; the application of a substance that is capable of penetrating into or through the epidermis; the insertion of needles into the skin; the placing of threads under the skin; the application of light, electricity, cold or heat;“licensed premises” means premises in respect of which a premises licence is in force;“local authority” means—a county council in England; a district council in England; a London borough council; a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple; the Council of the Isles of Scilly;“personal licence” means a licence, granted by a specified local authority under the regulations, which authorises an individual to carry out a cosmetic procedure of a description specified in the licence;“premises licence” means a licence, granted by a specified local authority under the regulations, which authorises premises to be used for the carrying out of a cosmetic procedure of a description specified in the licence;“specified cosmetic procedure” means a cosmetic procedure of a description specified in the regulations;“specified local authority” means a local authority of a description specified in the regulations.

The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes—

Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

Schedule 19 makes further provision about regulations under this section (including provision for the imposition of fees, the creation of criminal offences and financial penalties).

The Health and Social Care Act 2008 is amended in accordance with subsections (2) to (6).

In section 20 (regulation of regulated activities), after subsection (5) insert—

After subsection (5C) (as inserted by section 173) insert—

After section 21 insert—

In section 22 (consultation in relation to code of practice under section 21)—

In section 25 (effect of code under section 21 and guidance under section 23)—

Until the first regulations made by virtue of section 20(5ZA) of the Health and Social Care Act 2008 (as inserted by subsection (2)) come into force— are to be read as if regulation 18 of the 2014 regulations contained such requirements.

The Secretary of State may by regulations make provision that is consequential on this Act.

Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—

In this section “primary legislation” means—

A power to make regulations under any provision of this Act includes power to make—

A power to make regulations under section 92, 103 or 104 includes power to make different provision for England, Wales, Scotland or Northern Ireland.

Regulations under this Act are to be made by statutory instrument.

A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

Any other statutory instrument containing regulations under section 182 is subject to annulment in pursuance of a resolution of either House of Parliament.

This section does not apply to regulations under section 186.

This Act extends to England and Wales only, subject to subsections (2) to (5).

The following extend to England and Wales, Scotland and Northern Ireland—

The following extend to Scotland only—

The following extend to Northern Ireland only—

An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

This Part comes into force on the day on which this Act is passed.