The government’s Health Act 2009 has received Royal Assent, meaning that provisions such as prohibiting the display of tobacco and selling tobacco products in vending machines will become law.

 
The measures regarding tobacco products are intended to protect youngsters from the dangers of smoking. The Act will also place a duty on all NHS bodies – and private sector and third-sector providers of NHS services – to work within the NHS Constitution.

The Act will also introduce the pilot of direct payments to NHS patients, offering them greater choice and control over their healthcare – and making NHS care more personal and tailored to the individual.

New powers to de-authorise Foundation Trusts in certain exceptional circumstances will also be introduced – and the creation of new quality accounts will help improve the standard of health services.

The Act also provides for the introduction of innovation prizes to encourage an ‘enterprise and innovation culture’ within the NHS.

Increased powers of suspension will be introduced in order to hold to account those who fail to meet the requirements of public office.

A regime for unsustainable NHS providers will also be established to protect patients and staff from failing services – and pharmacy services will also be reformed to ensure that pharmacies are providing high quality services ‘based on local needs’.

The Act also contains measures to extend the adult social care complaints procedure – and a framework to allow Her Majesty’s Revenue and Customs to continue to share summarised and anonymous information on GP and dentist pay with the Department of Health.

The act will also correct an error in the legislation of optical vouchers, in line with the NHS’ longstanding policy on eligibility.

Health Secretary Andy Burnham said that the Act put into practice Lord Darzi’s review of the NHS – which he said had established a ‘clear vision’ for the health service.

‘The new laws passed today will help to prevent ill health caused by tobacco, give patients more choice and greater control over the care they receive – and drive up the quality of care, helping the NHS go from “good” to “great”,’ said Mr Burnham.

The provisions of the Act will be phased in over the next few months.

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