Socialist Health Association Promoting Health through Socialism

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, but not those which merely amend substantive legislation which is not available on the Web. We also include some legislation of historic significance, even though it is no longer in force. The text of older legislation has 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

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

European Health Law

Health Act 1999

Health Act 2006

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 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

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 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 (Public Safety and Appeals) (Scotland) Act 1999

Mental Health Law 1939 - Guernsey

National Assistance Act 1948:

National Health Service Act 1977:

National Health Service Act 2006

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

Patient Record Access Fisher et al 2006

Poor Law 1601

Primary Care Trusts (Functions) (England) Regulations 2000

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

Private and Voluntary Health Care (England) Regulations 2001

Private and Voluntary Health Care (Wales) Regulations 2002

Public Act 1936 (part)

Cases

Bolam v Friern Hospital Management Committee 1957. Queens Bench Division. - duty of a doctor, consent, negligence

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 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

General resources for law and health

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

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.

Pharmacy Law and Ethics Resource Centre

Last updated 14/11/07

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