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The National Health Service Act 2006, The National Health Service (Wales) Act 2006 and The National Health Service (Consequential Provisions) Act 2006

  • Last modified date:
    13 April 2007
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Most health legislation made since 1977 has been summarised within three Acts of Parliament. They received Royal Assent on 8 November 2006 and come into effect on 1 March 2007 (subject to a few exceptions). All those who refer to the law governing the NHS need to make sure that, where necessary, they replace their earlier copies of statutes with the three new Acts before the need to look at sources of legislation.

The new Acts are:

  • The National Health Service Act 2006;
  • The National Health Service (Wales) Act 2006
  • The National Health Service (Consequential Provisions) Act 2006

Why we need consolidation of NHS law

Health legislation is a complex area that has required frequent amendments in order to keep policies in line with evolving circumstances. The last health legislation consolidation was in 1977 and numerous subsequent statutory changes and the context of devolution require a further consolidation.  The current consolidation will make the law clearer, especially in relation to the divergence of health law between England and Wales.

What consolidation means

The consolidation makes no substantial changes to the substance of the law. The statutes contained within the new Acts have been re-ordered and inconsistencies in the legislation removed. We have repealed obsolete provisions using a pre-consolidation amendment order.

The Pre-consolidation Order has passed debates in both Houses and was made on 25 May 2006 (S.I. 2006 No. 1407). The Order makes minor, technical changes. It addresses an ambiguity concerning the meaning of the term ‘facilities’ in section 3 of the 1977 Act. This follows a Court of Appeal decision reversing an earlier court judgement that narrowly construed the term and thereby risked adversely affecting the funding of services. The Order also remedies missed consequential provisions, manages drafting concerning Local Health Boards of Wales, and repeals provisions that are either spent or unnecessary. The Order also removes certain requirements for Treasury consent before the Secretary of State for Health can make certain small payments, such as committee expenses.

Scope of consolidation

The consolidation repeals and re-enacts in its entirety the National Health Service Act 1977, which was itself a consolidation. It also incorporates provisions from:

  • Health Act 2006
  • Health and Social Care (Community Health and Standards) Act 2003
  • National Health Service Reform and Health Care Professions Act 2002
  • Health and Social Care Act 2001
  • Health Act 1999
  • Primary Care Act 1997
  • Health Authorities Act 1995
  • National Health Service and Community Care Act 1990.

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