The Health and Social Care Act 2008 (c 14) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

Synopsis

The Act was created on 11 March 2009 with the following regulated activities: * provision of health care to patients by a

National Health Service The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...

(NHS) Trust or NHS Foundation Trust. * provision of ambulance services, for transporting patients for the purpose of treatment by a NHS Trust or a NHS Foundation Trust. * provision of health care to patients by a Primary Care Trust. * management of

NHS Blood and Transplant NHS Blood and Transplant is an executive non-departmental public body of the United Kingdom's Department of Health and Social Care. It was established on 1 October 2005 to take over the responsibilities of two separate NHS agencies: UK Transplan ...

, including: supply of blood, supply of

stem cells In multicellular organisms, stem cells are undifferentiated or partially differentiated cells that can differentiate into various types of cells and proliferate indefinitely to produce more of the same stem cell. They are the earliest type of ...

and

bone marrow Bone marrow is a semi-solid biological tissue, tissue found within the Spongy bone, spongy (also known as cancellous) portions of bones. In birds and mammals, bone marrow is the primary site of new blood cell production (or haematopoiesis). It i ...

, supply of tissues for transplant or grafting and also the Donor Organs including the matching and allocation. The

Care Quality Commission The Care Quality Commission (CQC) is an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom. It was established in 2009 to regulate and inspect health and social care services in England. I ...

has the responsibilities to ensure service providers are providing quality care when carrying on the regulated activities. The Act makes further substantial revisions and repeals to the Public Health (Control of Disease) Act 1984, by section 129, and Schedule 11. These have the effect of repealing, and replacing most of the provisions of Part 2 of the 1984 Act. In summer 2021, it was proposed by the Second Johnson ministry to mandate that care home staff be required as a condition of employment to maintain

COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quick ...

vaccination status. On 13 July the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

had poignant questions for Nadhim Zahawi MP, at the time the

Minister for Business and Industry Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...

and also the

Minister for COVID Vaccine Deployment Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...

at the DHSC. It was unclear to certain members of the

Secondary Legislation Scrutiny Committee The Secondary Legislation Scrutiny Committee (formerly the Merits of Statutory Instruments Committee) is a select committee of the House of Lords that refers secondary legislation, such as statutory instruments, to the House that it considers inte ...

just why and on what basis the

Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 The Health and Social Care Act 2008 (c 14) is an Act of the Parliament of the United Kingdom. Synopsis The Act was created on 11 March 2009 with the following regulated activities: * provision of health care to patients by a National Health Ser ...

proposed to regulate.

Lord German Michael James German, Baron German, OBE (born 8 May 1945) is a British politician, serving currently as a member of the House of Lords and formerly as a member of the National Assembly for Wales for the South Wales East region. He was leader ...

said "we have consistently made clear our view that all key definitions and criteria on which decisions that might affect a person’s welfare or livelihood will be made, should be included in legislation and not in guidance which cannot be subjected to appropriate Parliamentary scrutiny or approval."

Delegated legislation

Section 170 – Commencement Orders

References

Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Mea ...

External links

The Health and Social Care Act 2008
as amended from the National Archives.
The Health and Social Care Act 2008
as originally enacted from the National Archives.
Explanatory notes
to the Health and Social Care Act 2008. {{UK legislation United Kingdom Acts of Parliament 2008 Social care in England NHS legislation