National Health Service Act 2006
The National Health Service Act 2006 consolidated previous NHS legislation, providing the statutory framework for the National Health Service in England. The Act codified the Secretary of State’s duty to promote a comprehensive health service and the NHS’s founding principles. It established the legal framework for NHS bodies including Strategic Health Authorities and Primary Care Trusts (largely abolished by the Health and Social Care Act 2012). The Act governs the provision of medical, dental, ophthalmic, and pharmaceutical services. It has been substantially amended and partially repealed by the Health and Social Care Act 2012, the Health and Care Act 2022, and other reforms.
Legal area: Medical law governs the provision of healthcare, the rights and duties of healthcare professionals and patients, and the regulation of medical treatment.
Citation: National Health Service Act 2006 (2006 c 41)
Full text: https://www.legislation.gov.uk/ukpga/2006/41
Key Provisions
- Section 1: Secretary of State’s duty to promote comprehensive health service
- Section 3: Duty to provide hospital and community health services
- Section 83: Primary medical services (GP contracts)
- Part 6: Pharmaceutical services and local pharmaceutical services
- Part 7: Ophthalmic services and dental services
- Section 252: Prohibition on charges for NHS services (except specified exemptions)
Significance
The NHS Act 2006 codified the founding principles of the NHS and remains the legal foundation for healthcare provision in England. The Secretary of State’s duty under section 1 has been described as a ‘duty of continuing responsibility’ to provide healthcare. The prohibition on charging for NHS services (section 252) is fundamental. The Act has been substantially restructured by the Health and Social Care Act 2012, which abolished primary care trusts and strategic health authorities, created clinical commissioning groups (now integrated care boards), and established NHS England and Monitor (now NHS Improvement).