Health Law
These materials relate to the UK National Health Service and the provision of health care. They do not attempt to be comprehensive and do not include material about clinical negligence. We list all major Acts of Parliament since 1988 and important statutory instruments since 1987 which affect the public in general. We also include some legislation of historic significance, even though it is no longer in force. The text of older legislation has mostly been scanned. You must check whether it is still in force and whether our text is accurate if you wish to rely upon it. Some of the texts include later amendments and we have indicated where this is so. We have not attempted to locate other legislation which may have an impact on health care or public health. This legislation generally applies in England. Wales, Scotland and Northern Ireland often have separate but equivalent laws, especially in minor regulations. When significant differences do emerge we will try to list them here. There is a separate page for European caselaw which impacts on the rights of UK citizens. At the bottom of the page you will find more general resources on health law.
All UK Acts of Parliament since 1988 and Statutory Instruments since 1987 are available on the United Kingdom Official Publications Database, as are all Welsh and Scottish regulations. Legislation in Northern Ireland is also available. The parliamentary website will give you the text of all bills before parliament as pdf files, and loads of other material, such as the proceedings of the Health Select Committee.
- Access to Health Records Act 1990
- Access to Medical Reports Act 1988
- Autism Act 2009
- Care Standards Act 2000
- Carers (Equal Opportunities) Act 2004
- Carers (Recognition and Services) Act 1995
- Carers and Disabled Children Act 2000
- Children Act 1989
- Chiropractors Act 1994
- Chronically Sick and Disabled Persons Act 1970
- Commission for Health Improvement (Functions) Regulations 2000
- Commission for Patient and Public Involvement in Health (Functions) Regulations 2002
- Community Care (Delayed Discharges etc.) Act 2003
- Community Care (Direct Payments) Act 1996
- Community Health Councils - The old rules. Contains case law relating to consultation.
- Community Health Councils Regulations 2004 Now only applies in Wales.
- Community Health Councils (Access to Information) Act 1988.
- Consent to treatment - a list of sources
- Disability Discrimination Act 1995
- Health Act 1999
- Health Act 2006
- Health Act 2009
- Health and Medicines Act 1988
- Health and Social Care Act 2001
- Health and Social Care (Community Health and Standards) Act 2003
- Health Authorities Act 1995
- Health Authorities (Membership and Procedure) Regulations 1996
- Health Professions Order 2001
- Health Protection Agency Act 2004
- Health Service Commissioners Act 1993, Amendment Act 1996, Amendment Act 2000
- Health, Social Care and Well-being Strategies (Wales) Regulations 2003
- Health (Wales) Act 2003
- Human Fertilisation and Embryology Act 1990
- Human Organ Transplants Act 1989
- Human Tissue Act 2004
- Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002
- Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
- Local Government and Public Involvement in Health Act 2007
- Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003
- Local Health Boards (Functions) (Wales) Regulations 2003
- Local Involvement Networks Regulations 2008
- Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008
- Medical Law in Scotland - a pretty comprehensive collection of resources.
- Medicines for Human Use (Clinical Trials) Regulations 2004
- Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005
- Mental Capacity Act 2005
- Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
- Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006
- Mental Health Act 1983 Hyperguide. Comprehensive resources including all the subsequent amendments and related legislation, which are not reproduced here.
- Mental Health Act 2007
- Mental Health (Detention) (Scotland) Act 1991
- Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
- Mental Health (Public Safety and Appeals) (Scotland) Act 1999
- Mental Health Law 1939 - Guernsey
- National Assistance Act 1948:
- s 21 Residential accommodation for elderly persons (Community Care (Residential Accommodation) Act 1998)
- National Health Service Act 1977:
- National Health Service Act 2006 Consolidated text of section 242 Public involvement and consultation
- National Health Service and Community Care Act 1990
- National Health Service (Appointment of Consultants) Regulations 1996
- National Health Service (Charges for Drugs and Appliances) Regulations 2000
- National Health Service (Charges to Overseas Visitors) Regulations 1989
- National Health Service (Choice of Medical Practitioner) Regulations 1998
- National Health Service (Complaints) Regulations 2004
- National Health Service (Dental Charges) Regulations 2005
- National Health Service (General Dental Services Contracts) Regulations 2005
- National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996
- National Health Service (General Dental Services) Regulations 1992
- National Health Service (General Medical Services) Regulations 1992
- National Health Service (General Medical Services Contracts) Regulations 2004
- National Health Service (Improved Access, Quality Information Preparation and Violent Patients Schemes) (England) Regulations 2003
- National Health Service Injury Benefit - extra benefits for staff injured in the course of duty
- National Health Service (Liabilities to Third Parties Scheme) Regulations 1999
- National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
- National Health Service (Optical Charges and Payments) Regulations 1989
- National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003
- National Health Service (Penalty Charge) Regulations 1999
- National Health Service (Performers Lists) (Wales) Regulations 2004
- National Health Service (Pharmaceutical Services) Regulations 2005
- National Health Service (Primary Care) Act 1997
- National Health Service (Private Finance) Act 1997
- National Health Service (Proposals for Pilot Schemes) Regulations 1997
- National Health Service (Residual Liabilities) Act 1996
- National Health Service (Service Committees and Tribunal) Regulations 1992
- NHS Redress Act 2006
- National Health Service Reform and Health Care Professions Act 2002
- National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
- National Health Service (Wales) Act 2006
- National Health Service Trusts (Membership and Procedure) Regulations 1990
- National Institute for Clinical Excellence Regulations 1999
- National Insurance Act 1911
- National Patient Safety Agency Regulations 2001
- NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
- Nurses, Midwives and Health Visitors Act 1997
- Nurses Agencies Regulations 2002
- Nurses Agencies (Wales) Regulations 2003
- Nursing and Midwifery Order 2001
- Opticians Act 1989
- Osteopaths Act 1993
- Patients' Forums (Functions) Regulations 2003 (see also National Health Service (General Medical Services etc.) (Patients' Forums) Amendment Regulations 2003, and Patients' Forums and Commission for Patient and Public Involvement in Health (Miscellaneous Amendments) Regulations 2004)
- Patients' Forums (Membership and Procedure) Regulations 2003
- Poor Law 1601
- Primary Care Trusts (Functions) (England) Regulations 2000
- Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
- Primary Ophthalmic Services Regulations 2008
- Private and Voluntary Health Care (England) Regulations 2001
- Private and Voluntary Health Care (Wales) Regulations 2002
- Public Health Act 1936
Cases
- Bolam v Friern Hospital Management Committee 1957. Queens Bench Division. - duty of a doctor, consent, negligence
- The Bournewood case - capacity and institutionalisation House of Lords decision 1998
- Bullmore & Anor v West Hertfordshire Hospitals NHS Trust [2007] EWHC 1636 (Admin) (09 July 2007) - fair consultation
- Fudge, R (on the application of) v South West Strategic Health Authority & Ors [2007] EWCA Civ 803 (31 July 2007) - Public Involvement and Consultation - roles of Department of Health, Strategic Health Authority, PCTs
- MH (by her litigation friend, Official Solicitor) (FC) (Respondent) v. Secretary of State for the Department of Health (Appellant) and others - severe learning disability
- Pam Smith v North Eastern Derbyshire Primary Care Trust and the Secretary of State for Health - High Court [Decision reversed by the Court of Appeal] 2006 - Consultation
- R on the application of YA and Secretary of State for Health Court of Appeal 2009 - failed asylum seekers eligibility for NHS care
- R v Ashworth Hospital Authority (now Mersey Care National Health Service Trust) ex parte Munjaz [2005] UKHL 58. - policy of seclusion
- R v. BEXLEY NHS CARE TRUST Ex Parte Grogan [2005] - paying for accommodation and care
- R. v. North and East Devon HA Ex Parte Coughlan [1999] - payment for nursing care
- R v. Swindon PCT Ex Parte Rogers [2006] - prescription of Herceptin
- R v Trafford Health Care NHS Trust Ex parte Pat Morris [2006] Public involvement and consultation
- Robbie Powell's case European Court of Human Rights - falsification of medical records
General resources for law and health
- Acts of the United Kingdom Parliament related to mental health policy
- Alexander Harris
- Capsticks Health news
- Cobbetts - Cliff Mills specialises in Co-operatives and Foundation Trusts
- Professor Anselm Eldergill - mental health law
- Institute of Mental Health Act Practitioners
- Institute of Mental Health Law
- Irwin Mitchell
- Law and medicine
- Leigh Day and Co
- Moore & Blatch solicitors specialising in Health, Safety and Environment law
- NHS Litigation Authority
- Official Solicitor
- Parliamentary Ombudsman and the Health Service Ombudsman - particularly useful for disputes about long term care.
- Patient Record Access Fisher et al 2006
- Pharmacy Law and Ethics Resource Centre

