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 We also include some legislation of historic significance, even though it is no longer in force.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
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 2006
Health and Social Care Act 2001
Health and Social Care (Community Health and Standards) Act 2003
Health Authorities (Membership and Procedure) Regulations 1996
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 (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 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 (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 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)
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
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
Moore & Blatch solicitors specialising in Health, Safety and Environment law
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
(06 -3599)