Decision No. 1/16 - Extension of the Mandate of the OSCE Representative on Freedom of the Media
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An NHS foundation trust is a public benefit corporation which is authorised under this Part to provide goods and services for the purposes of the health service in England.
A public benefit corporation is a body corporate which, in pursuance of an application under this Part, is constituted in accordance with Schedule 1.
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There is to be a body corporate known as the Independent Regulator of NHS Foundation Trusts (referred to in this Part as “the regulator”).
Schedule 2 (which makes further provision about the regulator) has effect.
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An NHS trust may make an application to the regulator for authorisation to become an NHS foundation trust, if the application is supported by the Secretary of State.
The application must— and must give any further information which the regulator requires the NHS trust to give.
describe the goods and services which the NHS trust proposes should be provided by the NHS foundation trust, and
be accompanied by a copy of the proposed constitution of the trust;
The applicant may modify the application with the agreement of the regulator at any time before authorisation is given under section 6.
Once an NHS trust has made the application—
the provisions of the proposed constitution which give effect to paragraphs 3 to 19 of Schedule 1 have effect, but only for the purpose of establishing the initial membership of the NHS foundation trust and of the board of governors, and the initial directors, and enabling the board of governors and board of directors to make preparations for the performance of their functions,
the NHS trust may do anything (including the things mentioned in paragraph 16 of Schedule 2 to the National Health Service and Community Care Act 1990 (c. 19) (general powers)) which appears to it to be necessary or desirable for the purpose of preparing it for NHS foundation trust status.
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An application may be made to the regulator by persons (other than an NHS trust) to be incorporated as a public benefit corporation and authorised to become an NHS foundation trust, if the application is supported by the Secretary of State.
The application must— and must give any further information which the regulator requires the applicants to give.
describe the goods and services which the applicants propose should be provided by the trust, and
be accompanied by a copy of the proposed constitution of the trust;
If it appears to the regulator that— the regulator may issue a certificate of incorporation.
provision of the goods and services described in the application is likely to assist in the performance of the duties mentioned in section 3,
the trust as proposed to be constituted will be able to provide those goods and services, and
the proposed constitution accords with Schedule 1 and is otherwise appropriate,
The applicants may modify the application with the agreement of the regulator at any time before the certificate is issued.
On the issue of the certificate, the applicants are incorporated as a public benefit corporation.
The certificate is conclusive evidence of incorporation.
Once the certificate has been issued—
the proposed constitution has effect, but the applicants may exercise the functions of the corporation on its behalf until a board of directors is appointed in accordance with the constitution,
the corporation may do anything (including the things mentioned in section 18) which appears to it to be necessary or desirable for the purpose of preparing it for NHS foundation trust status.
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The regulator may give an authorisation under this section— if the regulator is satisfied as to the following matters.
to an NHS trust which has applied under section 4, or
to a public benefit corporation,
The matters are that—
the applicant’s constitution will be in accordance with Schedule 1 and will otherwise be appropriate,
the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
there will be a board of governors, and a board of directors, constituted in accordance with the constitution,
the steps necessary to prepare for NHS foundation trust status have been taken,
the applicant will be able to provide the goods and services which the authorisation is to require it to provide, and
any other requirements which the regulator considers appropriate are met.
In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), the regulator is to consider (among other things)—
any report or recommendation in respect of the applicant made by the Commission for Healthcare Audit and Inspection,
the financial position of the applicant.
The authorisation may be given on any terms the regulator considers appropriate.
The regulator must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
if the applicant is an NHS trust, the Patients' Forum for the trust and the staff employed by the trust,
individuals who live in any area specified in the proposed constitution as the area for a public constituency,
any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
if the proposed constitution provides for a patients' constituency, individuals who would be able apply to become members of that constituency,
any persons prescribed by regulations.
If regulations make provision about consultation, the regulator may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.
The generality of the power in subsection (4) is not affected by the following provisions of this Part.
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On an authorisation being given to a body corporate which is an NHS trust—
it ceases to be an NHS trust and becomes an NHS foundation trust,
the proposed constitution has effect.
In consequence of subsection (1)(a), any order made under section 5(1) of the 1990 Act (establishment of the NHS trust) is revoked.
On an authorisation being given to a body corporate which is a public benefit corporation, it becomes an NHS foundation trust.
The authorisation is conclusive evidence that the body in question is an NHS foundation trust.
Subsections (1) to (3) do not affect the continuity of the body or of its property or liabilities.
The validity of any act of an NHS foundation trust is not affected by any vacancy among the directors or by any defect in the appointment of any director.
An NHS foundation trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the trust’s property is not to be regarded as property of, or property held on behalf of, the Crown.
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The regulator may vary an authorisation.
In deciding whether or not to vary an authorisation the regulator is to have regard (among other things) to—
any report or recommendation made to it by virtue of section 21(2)(f) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees),
any report or recommendation made to it by the Commission for Patient and Public Involvement in Health under section 20(5)(b) or (6) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
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The regulator must establish and maintain a register of NHS foundation trusts.
The register must contain in relation to each NHS foundation trust—
a copy of the current constitution,
a copy of the current authorisation,
a copy of the latest annual accounts and of any report of the auditor on them,
a copy of the latest annual report,
a copy of the latest document sent to the regulator under paragraph 27 of Schedule 1 (forward planning),
a copy of any notice given under section 23 (failing NHS foundation trusts).
In relation to any time before an NHS foundation trust is first required to send an annual report to the regulator, the register must contain a list of the persons who were first elected or appointed as—
the members of the board of governors,
the directors.
Members of the public may inspect the register at any reasonable time.
Any person who requests it is to be provided with a copy of or extract from any document contained in the register on payment of a reasonable charge.
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The Secretary of State may give financial assistance to any NHS foundation trust.
The financial assistance may be given by way of loan, public dividend capital, grant or other payment.
The Secretary of State may guarantee the payment of any amount payable by an NHS foundation trust under an externally financed development agreement.
“responsible body”, in relation to a health service hospital, means—
“appropriate authority” means—
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The Abortion Act 1967 is amended as follows.
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is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful, or
is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,
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In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000. ”; “ Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000. ”.
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In section 1 (medical termination of pregnancy), in subsection (3), after “National Health Service trust” there is inserted “ or an NHS foundation trust ”.
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for “and NHS trusts” (in both places) there is substituted “, NHS trusts and NHS foundation trusts”,
for “and the National Health Service and Community Care Act 1990” there is substituted “, the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003”.
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in paragraph (b), for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”,
in paragraph (c), after “NHS trust” there is inserted “or an NHS foundation trust”.
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in subsection (1A), after “NHS trust” (in both places) there is inserted “NHS foundation trust”,
in subsection (7), before “a Primary Care Trust” there is inserted “an NHS foundation trust and”.
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after paragraph (c) there is inserted—,
for the words following “this Act” there is substituted “, the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003”.
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The regulator must make a code for determining the limit on the total amount of the borrowing of any NHS foundation trust.
In making the code the regulator is to have regard (among other things) to any generally accepted principles used by financial institutions to determine the amounts of loans to non-profit making bodies. A body is non-profit making if it does not carry on activities for the purpose of making profits for distribution to its members or others.
Before making the code, the regulator must consult—
the Secretary of State,
every NHS trust intending to make an application to become an NHS foundation trust,
such other persons as the regulator considers appropriate.
The regulator must lay a copy of the code before Parliament.
The regulator may revise the code; and subsections (2) to (4) apply in relation to revising the code, but the regulator must also consult every NHS foundation trust.
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Where an NHS trust becomes an NHS foundation trust, the amount which was the public dividend capital of the trust immediately before the giving of the authorisation continues as public dividend capital of the NHS foundation trust held on the same conditions (“initial public dividend capital”), but subject to this section.
Any amount issued to an NHS foundation trust as public dividend capital under section 11 is (like initial public dividend capital) an asset of the Consolidated Fund.
The Secretary of State may, with the consent of the Treasury, decide the terms on which any public dividend capital of an NHS foundation trust is to be treated as having been issued.
But the dividend to be paid by the trust is to be the same as that payable by NHS trusts in England in pursuance of section 9(7) of the 1990 Act (dividend on public dividend capital).
Before exercising the power in subsection (3), the Secretary of State must consult the regulator.
Any amount paid to the Secretary of State by an NHS foundation trust by way of repayment of public dividend capital is to be paid into the Consolidated Fund.
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An authorisation must authorise the NHS foundation trust to provide goods and services for purposes related to the provision of health care.
But the authorisation must secure that the principal purpose of the trust is the provision of goods and services for the purposes of the health service in England.
The trust may also carry on activities other than those mentioned in subsection (1), subject to any restrictions in the authorisation, for the purpose of making additional income available in order to carry on its principal purpose better.
The authorisation may require the provision, wholly or partly for the purposes of the health service in England, of goods and services by the trust.
References in this Part to goods and services include, in particular—
education and training,
accommodation and other facilities.
The authorisation must authorise and may require the trust— and, in deciding how to exercise its functions under this subsection in a case where any of the corporation’s hospitals includes a medical or dental school provided by a university, the regulator is to have regard to the need to establish and maintain appropriate arrangements with the university.
to carry out research in connection with the provision of health care,
to make facilities and staff available for the purposes of education, training or research carried on by others;
In deciding whether or not to require the trust to provide, wholly or partly for the purposes of the health service in England, any goods or services the regulator is to have regard (among other things) to—
the need for the provision of goods or services in the area in question,
any provision of goods or services by other health service bodies in the area in question,
any other provision by the trust with which the provision of the goods or services is connected,
any agreement or arrangement to which the body corporate which is the trust is or was a party.
Such a requirement as is mentioned in subsection (4) may be framed by reference (among other things) to—
goods or services in general or of a particular description,
goods or services required to meet the needs of health service bodies in general or those of a particular description,
goods or services required to meet the needs of other persons of a particular description,
the volume of goods or services provided,
the place where goods or services are provided,
the period within which goods or services are provided.
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An authorisation may restrict the provision, for purposes other than those of the health service in England, of goods and services by an NHS foundation trust.
The power is to be exercised, in particular, with a view to securing that the proportion of the total income of an NHS foundation trust which was an NHS trust in any financial year derived from private charges is not greater than the proportion of the total income of the NHS trust derived from such charges in the base financial year.
The base financial year means the first financial year throughout which the body corporate was an NHS trust or, if it was an NHS trust throughout the financial year ending with 31st March 2003, that year.
Private charges means charges imposed in respect of goods and services provided to patients other than patients being provided with goods and services for the purposes of the health service.
Section 14(8) applies for the purposes of this section.
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An NHS foundation trust may not dispose of any protected property without the approval of the regulator. Disposing of property includes disposing of part of it or granting an interest in it.
Protected property is property of the trust designated as protected in its authorisation.
The regulator may designate property as protected if it considers it is needed—
for the purposes of any goods or services which the authorisation requires the trust to provide wholly or partly for the purposes of the health service in England, or
for the purpose of doing anything which the trust is required to do under section 14(6).
The regulator may give approval under subsection (1) on any terms it considers appropriate.
An NHS foundation trust may not create a floating charge on its property.
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An NHS foundation trust may borrow money for the purposes of or in connection with its functions.
But the total amount of the trust’s borrowing is subject to the limit imposed by its authorisation.
The limit must be reviewed annually by the regulator.
An NHS foundation trust may invest money (other than money held by it as trustee) for the purposes of or in connection with its functions.
The investment may include investment by—
forming, or participating in forming, bodies corporate,
otherwise acquiring membership of bodies corporate.
An NHS foundation trust may give financial assistance (whether by way of loan, guarantee or otherwise) to any person for the purposes of or in connection with its functions.
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An NHS foundation trust may do anything which appears to it to be necessary or desirable for the purposes of or in connection with its functions.
In particular it may—
acquire and dispose of property,
enter into contracts,
accept gifts of property (including property to be held on trust for the purposes of the NHS foundation trust or for any purposes relating to the health service),
employ staff.
Any power of the trust to pay remuneration and allowances to any person includes power to make arrangements for providing, or securing the provision of, pensions or gratuities (including those payable by way of compensation for loss of employment or loss or reduction of pay).
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An authorisation—
must require an NHS foundation trust to disclose such information as the Secretary of State specifies to the regulator,
may require an NHS foundation trust to disclose other information to the regulator.
The regulator may require any other health service body to disclose any information which the regulator requires for the purposes of its functions.
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The Secretary of State may by order provide for the appointment of trustees for an NHS foundation trust to hold property on trust—
for the purposes of the NHS foundation trust, or
for any purposes relating to the health service.
The order may—
make provision as to the persons by whom trustees are to be appointed and generally as to the method of their appointment,
make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),
make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as he considers appropriate,
make provision with respect to the term of office of any trustee and his removal from office.
Where trustees have been appointed for an NHS foundation trust under this section, the Secretary of State may by order provide for the transfer of any trust property from the NHS foundation trust to the trustees.
Where an NHS trust for which trustees have been appointed under section 11 of the 1990 Act is given an authorisation, the order appointing the trustees is to have effect as an order under this section.
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If the regulator is satisfied— the regulator may by a notice to the trust exercise any one or more of the powers in subsections (3) and (4).
that an NHS foundation trust is contravening, or failing to comply with, any term of its authorisation or any requirement imposed on it under any enactment and that the contravention or failure is significant, or
that an NHS foundation trust has contravened, or failed to comply with, any such term or requirement and is likely to do so again and that the contravention or failure was significant,
The regulator may also by a notice to the trust exercise any one or more of those powers if the regulator is satisfied that the trust has contravened or failed to comply with a previous notice.
The regulator may require the trust, the directors or the board of governors to do, or not to do, specified things or things of a specified description within a specified period.
The regulator may remove any or all of the directors or members of the board of governors and appoint interim directors or members of the board.
The regulator’s power to remove a director, or member of the board of governors, of the trust includes power to suspend him from office, or to disqualify him from holding office, as a director or member of the board of governors of the trust for a specified period.
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If the regulator is satisfied that it is necessary or desirable to do so, it may by a notice to an NHS foundation trust require the directors—
to take steps to obtain a moratorium, or
to make a proposal for a voluntary arrangement.
An order may provide for Part 1 of the Insolvency Act 1986 (c. 45) (company voluntary arrangements), including any related provision of that Act, to apply with modifications in relation to NHS foundation trusts; and the references in this Part to a moratorium or voluntary arrangement are to a moratorium under section 1A, or a voluntary arrangement under Part 1, of that Act as modified by the order.
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The powers conferred by this section are exercisable where—
an NHS foundation trust contravenes or fails to comply with a notice under section 23 or 24 or the trust’s compliance with a notice under section 24 does not result in the implementation of a voluntary arrangement, and
the regulator considers that further exercise of any of the powers conferred by those sections would not be likely to secure the provision of the goods and services which the authorisation requires the trust to provide.
Before the powers conferred by this section are exercised, the regulator must consult prescribed persons about prescribed matters.
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
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In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.
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In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—
The Care Standards Act 2000 has effect subject to the following amendments.
Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows. In subsection (1)— In subsection (2), for “(1)(g)” substitute “ (1)(fa), (g) ”.
In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—.
Section 8 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At the end insert—
In section 10—
subsection (1) is omitted; and
in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.
In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.
In section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.
In section 29(1)—
for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and
for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.
In section 31—
in subsection (6), for “powers” substitute “ power ”; and
in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.
In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.
In section 42, at the end insert—
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omit “Subject to section 47(6)”;
for “the Commission” substitute “the CSCI”; and
at the end insert “; and an inspection under this section shall be regarded for all purposes as undertaken under section 80 of the Health and Social Care (Community Health and Standards) Act 2003”.
In section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.
In section 55(3)(e)—
for “the Commission” substitute “ the CSCI ”;
for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.
In section 113, after subsection (1) insert—
In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.
An order may transfer, or provide for the transfer of, any property or liabilities of the trust to—
another NHS foundation trust,
a Primary Care Trust,
an NHS trust,
the Secretary of State.
Schedule 3 (which provides for the transfer of employees) has effect.
An order may provide for the dissolution of the trust.
An order may apply any provision of Part 4 of the Insolvency Act 1986 (winding up of companies), including any related provision of that Act, with modifications.
Where the regulator refuses to give an authorisation to a public benefit corporation—
the powers conferred by this section are also exercisable,
references in this section and Schedule 3 to an NHS foundation trust are to be read as references to the corporation.
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In sections 24 and 25, an order means an order made by the Secretary of State.
The modifications of the Insolvency Act 1986 that may be made by an order under section 24(2) include (for example)—
provision for securing that the goods and services which the trust is required by the authorisation to provide continue to be provided (whether by the trust or another),
provision for securing the protection of property needed for the purposes of those goods and services.
The power conferred by section 25(3) is to be exercised with a view to securing the provision of the goods and services which the authorisation requires the trust to provide.
That power is also to be exercised (together, if required, with the power conferred by section 11(2)) with a view to securing that any transfer of property in pursuance of the power does not result in a net loss of value to the trust; and the question whether a transfer would result in a net loss of value is to be determined in accordance with regulations.
The Insolvency Act 1986 (c. 45) may not be modified under section 25(6) so as to alter the priority of debts or the ranking of debts between themselves.
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An application may be made jointly by— to the regulator for authorisation of the dissolution of the trusts and the transfer of some or all of their property and liabilities to a new NHS foundation trust established under this section.
an NHS foundation trust, and
another NHS foundation trust or an NHS trust,
The application must— and must give any further information which the regulator requires the applicants to give.
be supported by the Secretary of State if one of the parties to it is an NHS trust,
specify the property and liabilities proposed to be transferred to the new NHS foundation trust,
describe the goods and services which it is proposed should be provided by the new trust, and
be accompanied by a copy of the proposed constitution of the new trust;
The applicants may modify the application with the agreement of the regulator at any time before authorisation is given under this section.
The regulator may— if the regulator is satisfied as to the following matters.
issue a certificate incorporating the directors of the applicants as a public benefit corporation, and
give an authorisation under this section to the corporation to become an NHS foundation trust,
The matters are that—
the constitution of the new trust will be in accordance with Schedule 1 and will otherwise be appropriate,
the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
the new trust will be able to provide the goods and services which the authorisation is to require it to provide, and
any other requirements which the regulator considers appropriate are met.
In deciding whether it is satisfied as to the matters referred to in subsection (5)(c), the regulator is to consider (among other things)—
any report or recommendation in respect of either of the applicants made by the Commission for Healthcare Audit and Inspection,
the financial position of the applicants.
The applicants must consult about the application in accordance with regulations.
In the course of the consultation the applicants must seek the views of —
any Patients' Forum for an applicant,
the staff employed by the applicants,
individuals who live in any area specified in the proposed constitution as the area for a public constituency,
any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
if the proposed constitution provides for a patients' constituency, individuals who would be able apply to become members of that constituency,
any persons prescribed by regulations.
The regulator may not give an authorisation under this section unless it is satisfied that the applicants have complied with the regulations.
The certificate is conclusive evidence of incorporation; and the authorisation is conclusive evidence that the corporation is an NHS foundation trust.
On an authorisation being given under this section, the proposed constitution of the NHS foundation trust has effect, but the directors of the applicants may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.
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Where an authorisation is given under section 27, the regulator is to specify the property and liabilities to be transferred to the new NHS foundation trust.
Where such an authorisation is given, the Secretary of State is to make an order—
dissolving the trusts in question, and
transferring, or providing for the transfer of, the property and liabilities specified by the regulator to the new NHS foundation trust.
The order may—
transfer, or provide for the transfer of, any of the remaining property or liabilities to the persons mentioned in section 25(3),
include provisions corresponding to those of Schedule 3.
Where one of the parties to an application under section 27 is an NHS trust, the powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990 Act are not exercisable in relation to the trust.
Section 6(4) applies to an authorisation under section 27 as it does in relation to an authorisation under that section.
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The National Health Service Reform and Health Care Professions Act 2002 (c. 17) is amended as follows.
In section 15 (establishment of patients' forums)—
in subsection (1), after paragraph (b) there is inserted and, and
in subsection (9), in the definition of “relevant overview and scrutiny committee”, for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”.
In section 17 (entry and inspection of premises), in subsection (1), after paragraph (f) there is inserted—.
In section 18 (annual reports) in subsection (2)—
in paragraph (c)(ii), after “NHS trust” there is inserted “or NHS foundation trust”,
after paragraph (d) there is inserted—.
In section 19 (supplementary) in subsection (2)— and in subsection (4)(a), after “NHS trust” there is inserted “or NHS foundation trust”.
in paragraph (k), after “an NHS trust,” there is inserted “an NHS foundation trust,”,
in paragraph (p), after “NHS trusts,” there is inserted “NHS foundation trusts,”;
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Section 20 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (Commission for Patient and Public Involvement in Health) is amended as follows.
In subsection (10), after “an NHS trust,” there is inserted “an NHS foundation trust,”.
In subsection (12), in the definition of “health service bodies”, for “and NHS trusts” there is substituted “, NHS trusts and NHS foundation trusts”.
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In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the Crown), in subsection (7), after “1978” there is inserted “ an NHS foundation trust ”.
Schedule 4 (which makes amendments relating to NHS foundation trusts) has effect.
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Regulations may make provision as to the conduct of elections for membership of the board of governors of an NHS foundation trust.
The regulations may in particular provide for—
nomination of candidates and obligations to declare their interests,
systems and methods of voting, and the allocation of places on the board of governors, at contested elections,
filling of vacancies,
supervision of elections,
election expenses and publicity,
questioning of elections and the consequences of irregularities.
Regulations under this section may create offences punishable on summary conviction with a maximum fine not exceeding level 4 on the standard scale.
An NHS foundation trust must secure that its constitution is in accordance with regulations under this section.
Pending the coming into force of regulations under this section, elections for membership of the board of governors of an NHS foundation trust, if contested, must be by secret ballot.
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A person may not vote at an election for the board of governors of an NHS foundation trust unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held.
A person may not stand for election to the board unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held and is not prevented from being a member of the board by paragraph 8 of Schedule 1.
A person elected to the board may not vote at a meeting of the board unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the trust and is not prevented from being a member of the board by paragraph 8 of Schedule 1.
This section does not apply to an election held for the staff constituency.
Specified means specified for the purpose in the trust’s constitution.
A person is guilty of an offence if he—
makes a declaration under this section which he knows to be false in a material particular, or
recklessly makes such a declaration which is false in a material particular.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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In this Part—
“ambulance trust”—
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The National Audit Act 1983 is amended as follows.
The Road Traffic Act 1988 is amended as follows.
The Anti-terrorism, Crime and Security Act 2001 is amended as follows.
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In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the Chairman of the Public Health Laboratory Service Board is omitted.
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In section 218(10) (list of health service employers affected by continuity of employment provisions) paragraph (e) and the word “and” preceding it are omitted.
In Schedule 1 to the International Development Act 2002 (bodies with power to enter into certain arrangements) the words “Public Health Laboratory Service Board” are omitted.
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In section 6 (public departments etc.), in subsection (3)(b), at the end there is inserted “ and any NHS foundation trust ”.
In section 144 (exceptions from requirement of third-party insurance), in subsection (2), after paragraph (db) there is inserted—.
In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted—
“relevant ambulance trust”—
The House of Commons Disqualification Act 1975 is amended as follows.
Sections 238 to 240 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) apply to consecrated land and land comprised in a burial ground which an NHS foundation trust holds for any of its purposes as if—
the trust were a statutory undertaker, and
that land had been the subject of a relevant acquisition by the trust.
The Employment Rights Act 1996 is amended as follows.
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whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit, in order for it to be considered by the trust or brought to the attention of the public, and
whether the public interest requires any such matter to be made the subject of an immediate report rather than of a report to be made at the conclusion of the audit.
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The Health Services and Public Health Act 1968 has effect subject to the following amendments.
In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the appropriate place— “ Chairman or other non-executive director of an NHS foundation trust. ”
In section 50 (right to time off for public duties), in subsection (8), after paragraph (a) there is inserted—.
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in subsection (3)(b), at the end there is inserted “or to the Independent Regulator of NHS Foundation Trusts (“the regulator”)”,
in subsection (3)(c), at the end there is inserted “(including provision as to circumstances in which the relevant authority or the regulator may require consultation on those matters in accordance with the regulations)”,
in subsection (4), for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”.
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Section 59 is amended as follows. In subsection (1)— In subsection (2), after “1977” insert “ (in the case of pharmaceutical services) ”. In subsection (2A), omit “section 28C of the 1977 Act,”. After subsection (2B) insert—
In section 218 (change of employer), in subsection (10), after paragraph (c) there is inserted—.
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In section 63(2)—
after paragraph (a) insert—;
in paragraph (ba), omit “section 28C of the 1977 Act or”.
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In section 64(3)(b), after “make arrangements” insert “ or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act ”.
the Secretary of State, in relation to England; and
The Copyright, Designs and Patents Act 1988 is amended as follows.
The Health Service Commissioners Act 1993 is amended as follows.
The International Development Act 2002 is amended as follows.
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of any member of the CSCI, or
of any other person who has been authorised by the CSCI (whether generally or specifically) for that purpose.
In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “ Commission for Healthcare Audit and Inspection ”; “ Commission for Social Care Inspection ”.
Health and Social Care (Community Health and Standards) Act 2003 Section 114 Consideration of complaints.
In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.
The Health Service Commissioners Act 1993 has effect subject to the following amendments. In section 4(4)(a), after “can be made” insert “ under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or ”. In section 11, after subsection (1B) insert— In section 12(1A), for “or (1C)” substitute “ (1C) or (1E) ”. In section 14, after subsection (2D) insert— In section 14A, at the end insert— In section 14B—
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Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows. In subsection (1)— In subsection (2), in the definition of “NHS employee”—
In section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local Government Act 1972 (c. 70)—
after paragraph (a) insert—;
in paragraph (b), for “such a person” substitute “ a person mentioned in paragraphs (a) to (ab) above ”.
In section 48 (material communicated to the Crown in the course of public business), in subsection (6), after “1978” there is inserted “ and an NHS foundation trust ”.
In section 2 (the bodies subject to investigation), in subsection (1), after paragraph (da) there is inserted—.
In Schedule 1 (statutory bodies to which section 9 applies), there is inserted at the appropriate place— “ An NHS foundation trust ”.
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Other expressions used in this Part and in the 1977 Act have the same meaning in this Part as in that Act.
Any references in this Part, in relation to property held on trust, to the purposes of an NHS foundation trust are to the general or any specific purposes of the NHS foundation trust (including the purposes of any specific hospital at or from which services are provided by the trust).
Any references in this Part to goods and services are to be interpreted in accordance with section 14(5).
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There is to be a body corporate known as the Commission for Healthcare Audit and Inspection (in this Part referred to as the CHAI).
Schedule 6 (which makes further provision about the CHAI) has effect.
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There is to be a body corporate known as the Commission for Social Care Inspection (in this Part referred to as the CSCI).
Schedule 7 (which makes further provision about the CSCI) has effect.
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The Commission for Health Improvement is abolished.
The National Care Standards Commission is abolished.
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In this Part “health care” means—
services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and
the promotion and protection of public health.
In subsection (2)(a), “illness” has the meaning given by section 275 of the 2006 Act.
In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006.
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The Secretary of State may prepare and publish statements of standards in relation to the provision of health care by and for English NHS bodies and cross-border SHAs.
The Secretary of State must keep the standards under review and may publish amended statements whenever he considers it appropriate.
The Secretary of State must consult such persons as he considers appropriate—
before publishing a statement under this section;
before publishing an amended statement under this section which in the opinion of the Secretary of State effects a substantial change in the standards.
The standards set out in statements under this section are to be taken into account by every English NHS body and cross-border SHA in discharging its duty under section 45.
The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.
The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate.
The Assembly must consult such persons as it considers appropriate—
before publishing a statement under this section;
before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards.
The standards set out in statements under this section are to be taken into account by a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
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The CHAI has the general function of encouraging improvement in the provision of health care by and for NHS bodies.
In exercising its functions under subsection (1) and sections 49 to 56 in relation to such provision, the CHAI shall be concerned in particular with—
the availability of, and access to, the health care;
the quality and effectiveness of the health care;
the economy and efficiency of the provision of the health care;
the availability and quality of information provided to the public about the health care;
the need to safeguard and promote the rights and welfare of children; and
the effectiveness of measures taken for the purpose of paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body.
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In each financial year the CHAI must conduct a review of the provision of health care by and for— and must award a performance rating to each such body.
each English NHS body, and
each cross-border SHA,
The CHAI is to exercise its function under subsection (1) by reference to criteria from time to time devised by it and approved by the Secretary of State.
The CHAI must publish the criteria devised and approved from time to time under subsection (2).
In exercising its functions under this section in relation to any health care the CHAI must take into account the standards set out in statements published under section 46.
For the purposes of this section the CHAI may, subject to this Part, conduct an inspection of—
the body being reviewed; and
any person who provides, or is to provide, health care for that body (wherever the health care is or is to be provided).
The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the award of a performance rating under this section.
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The CHAI has the function of conducting reviews of—
the overall provision of health care by and for NHS bodies;
the overall provision of particular kinds of health care by and for NHS bodies;
the provision of health care, or a particular kind of health care, by and for NHS bodies of a particular description.
If the Secretary of State so requests, the CHAI must conduct—
a review under subsection (1)(a);
a review under subsection (1)(b) of the overall provision of a kind of health care specified in the request; or
a review under subsection (1)(c) of the provision of health care, or health care of a kind specified in the request, by or for NHS bodies of a description so specified.
The Secretary of State must consult the Assembly before making a request under subsection (2).
In conducting a review under this section in relation to any health care the CHAI must take into account—
the standards set out in statements published under section 46, where the health care is provided by or for an English NHS body or cross-border SHA;
the standards set out in statements published under section 47, where the health care is provided by or for a Welsh NHS body.
For the purposes of this section the CHAI may carry out an inspection of—
any NHS body; and
any person who provides, or is to provide, health care for an NHS body (wherever the health care is or is to be provided).
Where the CHAI conducts a review under this section it must publish a report.
The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section.
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The CHAI has the function of conducting other reviews of, and investigations into, the provision of health care by and for English NHS bodies and cross-border SHAs.
The CHAI may in particular under this section conduct—
a review of the overall provision of health care by and for English NHS bodies and cross-border SHAs;
a review of the overall provision of a particular kind of health care by and for English NHS bodies and cross-border SHAs;
a review of, or investigation into, the provision of any health care by or for a particular English NHS body or cross-border SHA.
The CHAI has the function of conducting reviews of the arrangements made by English NHS bodies and cross-border SHAs for the purpose of discharging their duty under section 45.
If the Secretary of State so requests, the CHAI must conduct—
a review under subsection (2)(a);
a review under subsection (2)(b) of the overall provision of a kind of health care specified in the request;
a review or investigation under subsection (2)(c), or a review under subsection (3), in relation to the provision of such health care by or for such body as may be specified in the request.
In exercising its functions under this section in relation to any health care the CHAI must take into account the standards set out in statements published under section 46.
For the purposes of this section the CHAI may carry out an inspection of—
any English NHS body or cross-border SHA; and
any person who provides, or is to provide, health care for such a body (wherever the health care is or is to be provided).
Where the CHAI conducts a review or investigation under this section it must publish a report.
The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section.
The Secretary of State may by regulations require an NHS body to publish a statement as to the action it proposes to take as a result of any review or investigation conducted under this section in relation to it.
Regulations under subsection (9) may make provision—
as to the matters with which a statement under the regulations must deal;
as to the time by which any such statement must be published;
requiring an NHS body, before publishing any such statement, to obtain the consent of any person specified in the regulations;
requiring the NHS body publishing any such statement to send a copy of it to any person so specified.
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This section applies where the CHAI conducts—
a review under section 50 or 51; or
a review or investigation under section 52.
The CHAI must make a report to the Secretary of State if it is of the view that—
there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;
there are significant failings in the running of an English NHS body or cross-border SHA; or
there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA.
A report made to the Secretary of State under subsection (2) may include a recommendation that, with a view to remedying the failings in question, the Secretary of State take special measures in relation to—
in a case falling within paragraph (a) or (b) of subsection (2), the English NHS body or cross-border SHA in question;
in a case falling within paragraph (c) of that subsection, any person, other than a Welsh NHS body, referred to in that paragraph.
The CHAI must also report to the Assembly where it is of the view that—
there are significant failings in relation to the provision of health care by or for a Welsh NHS body;
there are significant failings in the running of a Welsh NHS body; or
there are significant failings in the running of any body, or the practice of any individual, providing health care for a Welsh NHS body.
A report made to the Assembly under subsection (4) may include a recommendation that, with a view to remedying the failings in question, the Assembly take special measures in relation to—
in a case falling within paragraph (a) or (b) of subsection (4), the Welsh NHS body in question; and
in a case falling within paragraph (c) of that subsection, any person, other than an English NHS body or cross-border SHA, referred to in that paragraph.
The CHAI must also make a report to the regulator where it is of the view that—
there are significant failings in relation to the provision of health care by or for an NHS foundation trust;
there are significant failings in the running of an NHS foundation trust; or
there are significant failings in the running of any body, or the practice of any individual, providing health care for an NHS foundation trust.
A report made to the regulator under subsection (6) may include a recommendation that, with a view to remedying the failings in question, the regulator take special measures in relation to the NHS foundation trust in question.
A report under this section must give the CHAI’s reasons for its view and for any recommendation made.
The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section.
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The CHAI is to keep the appropriate authority informed about the provision of health care by and for any NHS body.
The CHAI may at any time give advice to the appropriate authority on any matter connected with the provision of such health care (including, in particular, advice on any changes which it thinks should be made to the standards under section 46 or 47 for the purpose of securing improvement in the quality of the health care).
When requested to do so by the appropriate authority, the CHAI must give the authority advice or information on such matters connected with the provision of health care by or for any NHS body as may be specified in the request.
The CHAI may give advice to the appropriate authority or any NHS body about the establishment or conduct of any inquiry held, or to be held, by the authority or the body in relation to the provision of health care by or for that body.
In this section, the “appropriate authority” means—
the Secretary of State, in relation to the provision of health care by or for an English NHS body or cross-border SHA; or
the Assembly, in relation to the provision of health care by or for a Welsh NHS body.
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The CHAI may review—
the quality of data obtained by others in relation to the provision of health care by and for NHS bodies;
the methods used in the collection and analysis of such data; and
the validity of conclusions drawn from such data.
Where the CHAI conducts a review under this section it must publish a report.
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The CHAI has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations for improving economy, efficiency and effectiveness in the exercise of any of the functions of an English NHS body, other than a Special Health Authority (whether the functions are exercised by the English NHS body or by another person).
The CHAI may exercise its function under subsection (1) in relation to a body on the CHAI’s own initiative or at the request of the body concerned.
For the purposes of this section the CHAI may carry out an inspection of—
any English NHS body other than a Special Health Authority;
any person exercising the functions of such a body.
The CHAI must publish its recommendations and the result of any studies under this section.
The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of any recommendations or the result of any studies under this section.
The CHAI’s functions under this section may be exercised on its behalf by the Audit Commission, if the Audit Commission and the CHAI so agree.
Where the Audit Commission exercises functions under subsection (6), it shall do so on such terms, including terms as to payment, as the CHAI and the Audit Commission may agree.
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The Secretary of State may by regulations provide that the CHAI is to have such additional functions as may be prescribed in relation to—
the provision of health care by or for NHS bodies;
the improvement of—
economy, efficiency and effectiveness in the exercise of the functions of English NHS bodies; and
the financial or other management, or operations, of English NHS bodies.
The Secretary of State must consult the regulator before making provision under subsection (1) in relation to NHS foundation trusts.
The Secretary of State must obtain the consent of the Assembly before making provision under subsection (1)(a) in relation to health care provided by or for a Welsh NHS body other than health care provided by or for an English NHS body or cross-border SHA.
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The Secretary of State may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in—
the exercise of any of its functions under section 48(1), 49, 51 or 53 in relation to the provision of health care by or for an English NHS body or cross-border SHA;
the exercise of any of its functions under section 52, 56, 57 or 58(1)(b).
The Assembly may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in the exercise of its functions under section 48(1), 49, 51 or 53 in relation to the provision of health care by or for a Welsh NHS body.
In relation to any function conferred on the CHAI under subsection (1)(a) of section 58, regulations under that section may provide that any one or more of the following provisions of this section shall have effect as if it included a reference to the exercise of that function—
subsection (1)(a);
subsection (1)(b);
subsection (2).
Regulations under this section may require the CHAI—
to consult any person specified in the regulations before publishing a statement under subsection (1) or (2);
to obtain the consent of the Secretary of State before publishing a statement under subsection (1);
to obtain the consent of the Assembly before publishing a statement under subsection (2).
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The CHAI must, on request, provide the Comptroller and Auditor General with any material relevant to a review or investigation under sections 50 to 52 or a study under section 57.
The CHAI must, on request, provide the regulator with—
any material which is relevant to a review or investigation under sections 50 to 52 and relates to the provision of health care by or for an NHS foundation trust;
any material which is relevant to a study under section 57 and relates to an NHS foundation trust.
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The CHAI and the regulator must co-operate with each other in the exercise of their respective functions under Part 1 and this Chapter.
In particular, for the purposes of subsection (1)—
the CHAI must keep the regulator informed about the provision of health care by and for NHS foundation trusts;
the regulator must give to the CHAI any information it has about the provision of health care by or for an NHS foundation trust which it considers would assist the CHAI in the discharge of its functions.
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The CHAI may from time to time make and publish provision—
requiring an English NHS body or cross-border SHA to pay a fee in respect of the exercise by the CHAI, in relation to that body or to health care provided by or for that body, of such of its functions under this Chapter as may be prescribed;
requiring a person of a prescribed description who provides health care for an English NHS body or cross-border SHA to pay a fee in respect of the exercise by the CHAI, in relation to the health care so provided by that person, of such of its functions under this Chapter as may be prescribed.
The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay a fee.
The amount of a fee payable under provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.
Provision under subsection (1) may include provision—
for different fees to be paid in different cases, or classes of case;
for different fees to be paid by persons of different descriptions;
for the amount of a fee to be determined by the CHAI in accordance with specified factors;
for the time by which a fee must be paid.
Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.
The Secretary of State may by regulations make provision as to—
the manner in which provision under subsection (1) is to be made and published;
the matters to be taken into account by the CHAI before making the provision.
The Secretary of State may by regulations make provision for an independent person or panel to review the amount charged under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.
For the purpose of determining the fee payable by a person or body under subsection (1), the person or body must provide the CHAI with such information, in such form, as the CHAI may require.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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The CHAI may from time to time make and publish provision—
requiring a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to that body or to health care provided by or for that body, of such of its functions under this Chapter as may be prescribed;
requiring a person of a prescribed description who provides health care for a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to the health care so provided by that person, of such of its functions under this Chapter as may be prescribed.
The CHAI may not under subsection (1)(b) require an English NHS body or cross-border SHA to pay a fee.
The amount of a fee payable under provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.
Provision under subsection (1) may include provision—
for different fees to be paid in different cases, or classes of case;
for different fees to be paid by persons of different descriptions;
for the amount of a fee to be determined by the CHAI in accordance with specified factors;
for the time by which a fee must be paid.
Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.
The Assembly may by regulations make provision as to—
the manner in which provision under subsection (1) is to be made and published;
the matters to be taken into account by the CHAI before making the provision.
The Assembly may by regulations make provision for an independent person or panel to review the amount charged under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.
For the purpose of determining the fee payable by a person or body under subsection (1), the person or body must provide the CHAI with such information, in such form, as the CHAI may require.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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The CHAI must make copies of any report published by it under this Chapter available for inspection at its offices by any person at any reasonable time.
Any person who requests a copy of such a report is entitled to have one on payment of such reasonable fee (if any) as the CHAI considers appropriate.
The CHAI may charge a person such reasonable fee as it considers appropriate where it provides him, at his request, with any other information relevant to the discharge of the CHAI’s functions under this Chapter.
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A person authorised to do so by the CHAI may, if the CHAI considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—
any premises owned or controlled by an NHS body;
any other premises used, or proposed to be used, for any purpose connected with—
the provision of health care by or for an NHS body, or
the discharge of any of the functions of an NHS body.
A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
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A person authorised by virtue of section 66 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—
inspect, take copies of and remove from the premises any documents or records (including personal records);
inspect any other item and remove it from the premises;
interview in private—
any person working at the premises;
any person receiving health care there who consents to be interviewed; and
make any other examination into the state and management of the premises and treatment of persons receiving health care there.
The power in subsection (1)(a) includes—
power to require any person holding or accountable for documents or records kept on the premises to produce them; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
A person authorised by virtue of section 66 to enter and inspect any premises may—
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 66 or this section; and
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 66 or this section, or
fails to comply with any requirement of section 66 or this section,
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The CHAI may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—
which relates or relate to—
the provision of health care by or for an NHS body, or
the discharge of any of the functions of an NHS body; and
which the CHAI considers it necessary or expedient to have for the purposes of this Chapter.
The persons referred to in subsection (1) are—
the NHS body;
any person providing health care for, or exercising functions of, the NHS body;
a local authority.
The power in subsection (1) to require the provision of records includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Secretary of State may by regulations make provision requiring prescribed persons to provide to the CHAI, or to persons authorised by it, an explanation of— in circumstances where the CHAI considers the explanation necessary or expedient for the purposes of this Chapter.
any documents, records or items inspected, copied or provided under sections 66 to 68,
any information provided under those sections, or
any matters which are the subject of the exercise of any functions of the CHAI under this Chapter,
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the CHAI.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.
The Assembly may in particular under this section conduct—
a review of the overall provision of health care by and for Welsh NHS bodies;
a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;
a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.
The Assembly has the function of conducting reviews of the steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with— and must take into account the standards set out in statements published under section 47.
the availability of, and access to, the health care;
the quality and effectiveness of the health care;
the financial or other management of the health care and the economy and efficiency of its provision;
the availability and quality of information provided to the public about the health care;
the need to safeguard and promote the rights and welfare of children; and
the effectiveness of measures taken for the purpose specified in paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body,
Before conducting a review under this section the Assembly must—
consult the Auditor General for Wales, and
take into account any relevant work done or being done by the Auditor General for Wales.
For the purposes of this section the Assembly may carry out an inspection of—
any Welsh NHS body;
any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere).
Where the Assembly conducts a review under this section it must publish a report.
The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, it is of the view that—
there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;
there are significant failings in the running of an English NHS body or cross-border SHA; or
there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA.
A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measuresor request another person to take special measures in relation to—
the English NHS body or cross-border SHA; and
in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph.
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there are significant failings in relation to the provision of health care by or for an NHS foundation trust;
there are significant failings in the running of an NHS foundation trust; or
there are significant failings in the running of any body, or the practice of any individual, providing health care for an NHS foundation trust.
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A report under this section must give the Assembly’s reasons for its view and for any recommendation made.
A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—
any premises owned or controlled by a Welsh NHS body;
any other premises used, or proposed to be used, for any purpose connected with—
the provision of health care by or for a Welsh NHS body; or
the discharge of any of the functions of a Welsh NHS body.
A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
A person authorised by virtue of section 72 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—
inspect, take copies of and remove from the premises any documents or records (including personal records);
inspect any other item and remove it from the premises;
interview in private—
any person working at the premises;
any person receiving health care there who consents to be interviewed; and
make any other examination into the state and management of the premises and treatment of persons receiving health care there.
The power in subsection (1)(a) includes—
power to require any person holding or accountable for documents or records kept on the premises to produce them; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
A person authorised by virtue of section 72 to enter and inspect any premises may—
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 72 or this section; and
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 72 or this section, or
fails to comply with any requirement of section 72 or this section,
The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—
which relates or relate to—
the provision of health care by or for a Welsh NHS body; or
the discharge of any of the functions of a Welsh NHS body; and
which the Assembly considers it necessary or expedient to have for the purposes of this Chapter.
The persons referred to in subsection (1) are—
the Welsh NHS body;
any person providing health care for, or exercising functions of, the Welsh NHS body;
a local authority in Wales.
The power in subsection (1) to require the provision of records includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of— in circumstances where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.
any documents, records or items inspected, copied or provided under sections 72 to 74,
any information provided under those sections, or
any matters which are the subject of the exercise of any function of the Assembly under section 70, and
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The CSCI has the general function of encouraging improvement in the provision of English local authority social services.
In exercising its functions under subsection (1) and sections 77 to 81 in relation to the provision of such services the CSCI shall be concerned in particular with—
the availability of, and access to, the services;
the quality and effectiveness of the services;
the management of the services;
the economy and efficiency of their provision and their value for money;
the availability and quality of information provided to the public about the services;
the need to safeguard and promote the rights and welfare of children; and
the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).
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The CSCI is to keep the Secretary of State informed about the provision of English local authority social services.
The CSCI may at any time give advice to the Secretary of State on any matter connected with the provision of English local authority social services.
The CSCI may in particular under subsection (2) give advice to the Secretary of State on any changes which it thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), in the standards prepared and published from time to time under section 23 of that Act.
When requested to do so by the Secretary of State, the CSCI must give him advice or information on such matters connected with the provision of English local authority social services as may be specified in the request.
The CSCI may give advice to the Secretary of State or any local authority in England about the establishment or conduct of any inquiry held, or to be held, by the Secretary of State or the authority in relation to the provision of English local authority social services.
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The CSCI may review—
studies and research undertaken by others in relation to the provision of English local authority social services;
the methods used in such studies and research; and
the validity of the conclusions drawn from such studies and research.
Where the CSCI conducts a review under this section it must publish a report.
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In each financial year the CSCI must conduct a review of the English local authority social services which are provided by, or pursuant to arrangements made by, each local authority in England.
After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority.
The CSCI is to exercise its functions under this section by reference to criteria from time to time devised by it and approved by the Secretary of State.
The CSCI must publish the criteria devised and approved from time to time under subsection (3).
The CSCI is to exercise its functions under this section in any financial year in accordance with any timetable specified in relation to that year by the Secretary of State.
In exercising its functions under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).
In exercising its functions under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.
For the purposes of this section, the CSCI may carry out an inspection of—
the local authority being reviewed;
any person providing an English local authority social service pursuant to arrangements made by the authority.
The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section.
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The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.
The CSCI may in particular under this section conduct—
a review of the overall provision of English local authority social services;
a review of the provision of any English local authority social service of a particular description; or
a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.
If the Secretary of State so requests, the CSCI must conduct—
a review under subsection (2)(a);
a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or
a review or investigation under subsection (2)(c) in relation to the provision of such services as may be specified in the request by such person, or persons of such description, as may be so specified.
In exercising its function under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).
In exercising its function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.
For the purposes of this section, the CSCI may carry out an inspection of—
any local authority in England;
any other person providing an English local authority social service.
Where the CSCI conducts a review or investigation under this section, it must publish a report.
The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.
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This section applies where the CSCI conducts—
a review under section 79; or
a review or investigation under section 80.
If under section 79 the CSCI awards the lowest performance rating to a local authority, the CSCI must—
inform the Secretary of State of that fact; and
recommend any special measures which it considers the Secretary of State should take.
If (in a case where subsection (2) does not apply) the CSCI considers that a local authority in England is failing to discharge any of its social services functions to an acceptable standard, it must—
inform the Secretary of State of that fact; and
recommend any special measures which it considers the Secretary of State should take.
However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—
give the local authority a notice under subsection (5); and
inform the Secretary of State that it has done so.
A notice under this subsection is a notice which specifies—
the respects in which the CSCI considers that the local authority is failing;
the action which the CSCI considers the authority should take to remedy the failure; and
the time by which the CSCI considers the action should be taken.
Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the Secretary of State take special measures in relation to a local authority, the CSCI must, if the Secretary of State so requests—
undertake a further review under section 80 in relation to the authority; and
include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.
The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.
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The CSCI has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—
for improving economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions;
for improving the management of such local authorities in their discharge of those functions.
The CSCI may also promote or undertake studies designed to enable it to prepare reports as to the impact of— on economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions.
the operation of any particular statutory provisions, or
any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise),
For the purposes of this section the CSCI may carry out an inspection of any local authority in England.
The CSCI must publish—
any recommendations made by it under subsection (1);
the result of any studies under this section.
The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of any recommendations or the result of any studies under this section.
The CSCI must, on request, provide the Comptroller and Auditor General with any material relevant to a study under this section.
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The CSCI and the Audit Commission may (without prejudice to any other power they may have to do so) exercise jointly their respective functions under section 82 above and sections 33 and 34 of the Audit Commission Act 1998 (c. 18).
The CSCI and the Audit Commission must co-operate with each other with respect to the exercise of their respective functions under section 82 above and sections 33 and 34 of the Audit Commission Act 1998.
The Secretary of State may give guidance to the CSCI and the Audit Commission as to which of them should promote or undertake studies which could be promoted or undertaken by either of them.
The CSCI and the Audit Commission must take any such guidance into account in the exercise of their functions.
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to devise and publish statements of the criteria to be used in the exercise of any of its functions under this Chapter (other than section 79);
to consult any person specified in the regulations before publishing any such statement; and
to obtain the consent of the Secretary of State before publishing any such statement.
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The CSCI may from time to time make and publish provision requiring a local authority in England to pay a fee in respect of the exercise by the CSCI, in relation to that authority or to an English local authority social service provided by, or pursuant to arrangements made by, that authority, of such of its functions under section 79, 80 or 82 as may be prescribed.
The amount of a fee payable by virtue of provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.
Provision under subsection (1) may include provision—
for different fees to be paid in different cases, or classes of case;
for different fees to be paid by persons of different descriptions;
for the amount of a fee to be determined by the CSCI in accordance with specified factors;
for the time by which a fee must be paid.
The Secretary of State may by regulations make provision as to—
the manner in which provision under subsection (1) is to be made and published;
the matters to be taken into account by the CSCI before making the provision.
Before making any provision under subsection (1) the CSCI must consult such persons as appear to it appropriate.
The Secretary of State may by regulations make provision for an independent person or panel to review the amount chargeable under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.
For the purpose of determining the fee payable by a local authority under subsection (1) it must provide the CSCI with such information, in such form, as the CSCI may require.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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The CSCI must make copies of any report published by it under this Chapter available for inspection at its offices by any person at any reasonable time.
Any person who requests a copy of such a report is entitled to have one on payment of such reasonable fee (if any) as the CSCI considers appropriate.
The CSCI may charge a person such reasonable fee as it considers appropriate where it provides him, at his request, with any other information relevant to the discharge of the CSCI’s functions under this Chapter.
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A person authorised to do so by the CSCI may, if the CSCI considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—
any premises owned or controlled by a local authority in England; or
any premises falling within subsection (2), other than premises used wholly or mainly as a private dwelling.
The premises referred to in subsection (1)(b) are premises—
which are used, or proposed to be used, by any person in connection with the provision of an English local authority social service; or
which the CSCI reasonably believes to be so used, or proposed to be so used.
A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
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A person authorised by virtue of section 88 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—
inspect, take copies of and remove from the premises any documents or records (including personal records) relating to the discharge by the local authority of its social services functions;
inspect any other item and remove it from the premises;
interview in private—
any person working at the premises; or
any person accommodated or cared for there who consents to be interviewed; and
make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.
The power in subsection (1)(a) includes—
power to require any person holding or accountable for documents or records kept on the premises to produce them; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
A person authorised by virtue of section 88 to enter and inspect premises may—
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 88 or this section; and
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 88 or this section, or
fails to comply with any requirement of section 88 or this section,
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The CSCI may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—
which relates or relate to the discharge by a local authority in England of its social services functions; and
which the CSCI considers it necessary or expedient to have for the purposes of this Chapter.
The persons referred to in subsection (1) are—
the local authority;
a person providing an English local authority social service for the authority; or
any NHS body.
The power in subsection (1) to require the provision of information includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Secretary of State may by regulations make provision requiring prescribed persons to provide to the CSCI, or to persons authorised by it, an explanation of— in cases where the CSCI considers the explanation necessary or expedient for the purposes of this Chapter.
any documents, records or items inspected, copied or provided under sections 88 to 90,
any information provided under those sections, or
any matters which are the subject of the exercise of any functions of the CSCI under this Chapter,
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the CSCI.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Assembly may review—
studies and research undertaken by others in relation to the provision of Welsh local authority social services;
the methods used in such studies and research; and
the validity of conclusions drawn from such studies and research.
Where the Assembly conducts a review under this section it must publish such report as it considers appropriate.
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The Assembly has the function of conducting reviews of, and investigations into, the way in which local authorities in Wales discharge their social services functions.
The Assembly may in particular under this section conduct—
a review of the overall provision of Welsh local authority social services;
a review of the provision of any Welsh local authority social service of a particular description; or
a review of, or investigation into, the provision of any Welsh local authority social service by a particular person or persons.
The Assembly may in a review under subsection (2)—
assess performance against criteria;
award performance ratings.
For the purposes of this section the Assembly may carry out an inspection of—
any local authority in Wales;
any other person providing a Welsh local authority social service.
Where the Assembly conducts a review or investigation under this section, it must publish a report.
The Assembly may by regulations require a local authority in Wales to pay a fee to the Assembly in respect of the exercise of the Assembly’s function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions).
A fee under this section shall be of such amount, and shall be payable at such a time, as may be specified in the regulations.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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The Assembly has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—
for improving economy, efficiency and effectiveness in the discharge by local authorities in Wales of their social services functions;
for improving the management of such local authorities in the discharge of those functions.
The Assembly may also promote or undertake studies designed to enable it to prepare reports as to the impact of the operation of any particular statutory provisions on economy, efficiency and effectiveness in the discharge by local authorities in Wales of their social services functions.
The Assembly must publish or otherwise make available—
any recommendations made by it under subsection (1); and
a report on the result of any studies under this section.
The Assembly and the Audit Commission must co-operate with each other with respect to the exercise of their respective functions under this section and sections 33 and 34 of the Audit Commission Act 1998 (c. 18).
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correspond to functions conferred on the CSCI by or under this Act; and
are specified by the Assembly in regulations.
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This section applies for the purpose of the exercise by the Assembly of its functions—
under sections 92 to 95; and
under regulations under section 96.
The Assembly shall be concerned in particular with—
the availability of, and access to, the services;
the quality and effectiveness of the services;
the management of the services;
the economy and efficiency of their provision and their value for money;
the availability and quality of information provided to the public about the services;
the need to safeguard and promote the rights and welfare of children; and
the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).
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A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—
any premises owned or controlled by a local authority in Wales;
any premises falling within subsection (2), other than premises used wholly or mainly as a private dwelling.
The premises referred to in subsection (1)(b) are premises—
which are used, or proposed to be used, by any person in connection with the provision of a Welsh local authority social service; or
which the Assembly reasonably believes to be so used, or proposed to be so used.
A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
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A person authorised by virtue of section 98 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—
inspect, take copies of and remove from the premises any documents or records (including personal records) relating to the discharge by the local authority of its social services functions;
inspect any other item and remove it from the premises;
interview in private—
any person working at the premises; or
any person accommodated or cared for there who consents to be interviewed; and
make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.
The power in subsection (1)(a) includes—
power to require any person holding or accountable for documents or records kept on the premises to produce them; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
A person authorised by virtue of section 98 to enter and inspect premises may—
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 98 or this section;
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 98 or this section, or
fails to comply with any requirement of section 98 or this section,
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The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—
which relates or relate to the discharge by a local authority in Wales of its social services functions; and
which the Assembly considers it necessary or expedient to have for the purpose of any of its functions under this Chapter.
The persons referred to in subsection (1) are—
the local authority;
a person providing a Welsh local authority social service for the authority; or
any NHS body.
The power in subsection (1) to require the provision of information includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of— in cases where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.
any documents, records or items inspected, copied or produced under sections 98 to 100,
any information provided under those sections, or
any matters which are the subject of the exercise of any functions of the Assembly under this Chapter,
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The functions of the National Care Standards Commission under Part 2 of the Care Standards Act 2000 (c. 14) (registration and standards) are transferred in accordance with subsections (2) and (3).
Its functions under that Part are transferred to the CHAI insofar as they relate to—
independent hospitals;
independent clinics; and
independent medical agencies.
Its functions under that Part are transferred to the CSCI insofar as they relate to—
children’s homes;
care homes;
residential family centres;
domiciliary care agencies;
nurses agencies;
fostering agencies;
voluntary adoption agencies; and
adoption support agencies.
In relation to any period after the coming into force of this subsection but before the coming into force of sections 80 and 81, the functions of the National Care Standards Commission under Part 3 of that Act are transferred to the CSCI.
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The Care Standards Act 2000 (c. 14) is amended as follows.
After section 113 insert—
In section 12 (applications for registration), in subsection (2), for “a fee of the prescribed amount” substitute “ a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly. ”
In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitutea fee of—
In that section, in subsection (5)—
for “subsection (3)” substitute “ subsection (3)(b) ”; and
for “the registration authority” substitute “ the Assembly ”.
In section 16 (regulations about registration), for subsection (3) substitute—
In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from “of a fee” to the end substitute, in respect of any notification required to be made by virtue of paragraph (h), of a fee of— .
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical agency” does not include an independent clinic), after “clinic” insert “ or an independent hospital ”.
In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in subsection (8)(a) (references to a description of establishment), after “children’s home” insert “ , a children’s home providing accommodation for the purpose of restricting liberty, ”.
In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—
omit paragraph (a), and
in paragraph (b), for “mentioned in paragraph (a)” substitute “ of restricting liberty ”.
Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.
After subsection (1), insert—
In subsection (3)—
in paragraph (b), for “(other than medical records)” substitute “ (including medical and other personal records) ”; and
in paragraph (d), for “employed” substitute “ working ”.
In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.
In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—
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In section 87 of the Children Act 1989, after subsection (9) insert—
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The CSCI and the Secretary of State may make arrangements for the CSCI to conduct inspections of secure training centres in England.
Inspections under this section shall be on such terms, including terms as to payment of the CSCI, as the CSCI and Secretary of State may agree in the arrangements.
In this section, “secure training centre” has the same meaning as in section 43(1)(d) of the Prison Act 1952 (c. 52).
The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
the exercise of any of the functions of an English NHS body or a cross-border SHA (including any function that consists of exercising the function of another person);
the provision of health care by or for such a body;
the provision of services by such a body or any other person in pursuance of arrangements made by the body under ... section 33 of the National Health Service (Wales) Act 2006 in relation to the exercise of the health-related functions of a local authority.
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The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
the exercise of any of the functions of a Welsh NHS body;
the provision of health care by or for a Welsh NHS body;
the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority.
the provision of redress by or for a Welsh NHS body under the NHS Redress (Wales) Measure 2008.
Regulations under this section may provide for a complaint to be considered by one or more of the following—
an NHS body;
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an independent lay person;
an independent panel established under the regulations;
any other person or body.
Regulations under this section may make provision for a complaint or any matter raised by a complaint—
in the case of regulations under subsection (1), to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c. 46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act);
to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by him as a complaint duly referred to him under section 3(3) of that Act);
The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
the discharge by a local authority in England of any of its social services functions;
the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 in relation to the functions of an NHS body (within the meaning of that section).
Regulations under this section may provide for a complaint to be considered by one or more of the following—
the local authority in respect of whose functions the complaint is made;
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an independent panel established under the regulations;
any other person or body.
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the discharge by a local authority in Wales of any of its social services functions;
the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 (c. 8) in relation to the functions of an NHS body (within the meaning of that section).
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the local authority in respect of whose functions the complaint is made;
an independent panel established under the regulations;
any other person or body.
Regulations under this section may provide for a complaint or any matter raised by a complaint—
... to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) ... for him to consider whether to investigate the complaint or matter under that Part (and for the complaint to be treated as satisfying sections 26A and 26B of that Act);
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to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).
Regulations under subsection (1) or (2) of section 113 or under subsection (1) ... of section 114 (“the regulations”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.
The regulations may make provision about—
the persons who may make a complaint;
the complaints which may, or may not, be made under the regulations;
the persons to whom complaints may be made;
complaints which need not be considered;
the period within which complaints must be made;
the procedure to be followed in making, handling and considering a complaint;
matters which are excluded from consideration;
the making of a report or recommendations about a complaint;
the action to be taken as a result of the complaint.
The regulations may require—
the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made;
any such payment to be—
made to such person or body as may be specified in the regulations; and
of such amount as may be specified in, or calculated or determined under, the regulations;
an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations.
The regulations may also—
provide for different parts or aspects of a complaint to be treated differently;
require the production of information or documents in order to enable a complaint to be properly considered;
authorise the disclosure of information or documents relevant to a complaint to a person or body— and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
who is considering a complaint under the regulations; or
to whom a complaint has been referred;
The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for— and in this subsection “statutory complaints procedures” means procedures established by or under any enactment.
enabling such a complaint to be made under the regulations; and
securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures;
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In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—
Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—
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The CHAI and the CSCI must co-operate with each other where it seems to them appropriate to do so for the efficient and effective discharge of their respective functions.
The CHAI and the CSCI must, in prescribed circumstances, consult each other in relation to the proposed exercise of their functions.
The CHAI and the CSCI may each delegate to the other any of its functions to be exercised by the other on its behalf.
The CHAI and the CSCI may, subject to such conditions as may be prescribed, enter into arrangements for the pooling of financial resources whenever they consider it appropriate to do so.
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The CHAI and the CSCI may exercise any of their powers to conduct reviews and investigations under this Part in conjunction with each other.
The CHAI may conduct a review or investigation under this Part, or undertake a study under section 57, in conjunction with a review, investigation or study relating to any functions of an NHS body, or to any health care provided by or for an NHS body, which is being conducted by any other public authority.
The CSCI may conduct a review or investigation under this Part, or a study under section 82 in conjunction with a review, investigation or study relating to any other functions of a local authority which is being conducted by any other public authority.
Where a review, investigation or study is being conducted by the CHAI in conjunction with any other authority pursuant to this section, any report which under this Part the CHAI is required to publish in relation to the review, investigation or study may consist of a joint report by the CHAI and the other authority as to all the matters being investigated by both of them.
Where a review, investigation or study is being conducted by the CSCI in conjunction with any other authority pursuant to this section, any report which under this Part the CSCI is required to publish in relation to the review, investigation or study may consist of a joint report by the CSCI and the other authority as to all the matters being investigated by both of them.
This section is without prejudice to any other powers of the CHAI or the CSCI.
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Regulations made by the Secretary of State may provide that, where services of a description specified in the regulations are provided under arrangements under section 31 of the Health Act 1999 (c. 8), the CHAI and the CSCI shall jointly—
review the provision by the parties to the arrangements of such services as may be specified in the regulations;
award a performance rating in respect of those services.
The regulations may provide that the CHAI and the CSCI are to exercise their functions under this section—
at such times as may be specified in the regulations;
by reference to criteria determined by the CHAI and the CSCI and approved by the Secretary of State.
The regulations may require the CHAI and the CSCI to publish a report after conducting a review under this section.
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The CHAI or the CSCI may if it thinks it appropriate to do so provide assistance to any other public authority in the United Kingdom for the purpose of the exercise by that authority of its functions.
Assistance provided by the CHAI or the CSCI under this section may be provided on such terms, including terms as to payment, as it thinks fit.
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Arrangements may be made between the CHAI and a Minister of the Crown —
for the CHAI to perform any of its functions in relation to any prescribed health scheme for which the Minister has responsibility; or
for the CHAI to provide services or facilities in so far as they are required by the Minister in connection with any such health scheme.
Arrangements may be made between the CHAI and a Northern Ireland Minister—
for the CHAI to perform on behalf of the Minister any functions of the Minister which—
correspond to any functions of the CHAI; and
relate to the Northern Irish health service;
for the CHAI to provide services or facilities in so far as they are required by the Minister in connection with the exercise by him of any such functions.
Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to the CHAI in respect of the cost to it of performing or providing any functions, services or facilities under the arrangements.
Any arrangements under subsection (2)(a) are not to affect the responsibility of the Northern Ireland Minister on whose behalf any functions are exercised.
In this section—
“NHS ambulance services” means ambulance services provided under section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006 or section 45 of the 1978 Act;
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In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words “or by the Public Health Laboratory Service Board” are omitted.
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in section 5 (provision of other services), subsections (4) and (5) are omitted;
in section 127(c) the words “(except the Public Health Laboratory Service Board)” are omitted;
Schedule 3 (Public Health Laboratory Service Board) is omitted.
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation) paragraph (g) and the word “and” preceding it are omitted.
In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) paragraph 43 is omitted.
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The Adoption and Children Act 2002 is amended as follows.
The National Health Service (Amendment) Act 1949 (which is spent in relation to England and Wales) shall cease to have effect. This paragraph extends to England and Wales only.
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In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.
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in paragraph (a), omit “general medical, general dental,”; and
for paragraph (b) substitute—.
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omit paragraphs (a) and (b);
for the words from “paragraphs” to “a services list prepared by” substitute “paragraphs (c) to (e), a supplementary list, a list under section 28X or a list corresponding to a list under section 28X prepared by”.
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in paragraph (a), for “49F(1)(a) to (e)” substitute “49F(1)”;
in paragraph (c), for the words from the beginning to “a services list” substitute “all lists under section 28X above, or any list corresponding to a list under that section”.
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insert “or” at the end of paragraph (bbb);
omit paragraph (e).
Section 98 is amended as follows. In subsection (1)— In subsection (4)—
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insert “and” at the end of paragraph (bb);
omit paragraph (f) and the preceding “and”.
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insert “and” at the end of paragraph (b);
omit paragraph (e) and the preceding “and”.
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after “in respect of” insert “primary medical services or primary dental services provided by any person under Part 1 of this Act or of”;
omit “or in accordance with section 28C arrangements”.
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The Children Act 1989 is amended as follows.
The Access to Health Records Act 1990 is amended as follows.
The Care Standards Act 2000 is amended as follows.
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In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), after “trust” there is inserted “ or an NHS foundation trust ”.
In section 11 (interpretation), in the definition of “health service body”, the “or” before paragraph (d) is omitted and after that paragraph there is inserted—.
In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii), after “NHS trusts” there is inserted “ , NHS foundation trusts ”.
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In section 121 (general interpretation), in subsection (1), in the definition of “National Health Service body”, after “National Health Service trust,” there is inserted “ an NHS foundation trust, ”.
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In section 27 (co-operation between authorities), in subsection (3)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.
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In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.
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In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)—
in subsection (1)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”,
in subsection (5)(e), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.
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In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.
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In Schedule 2 (local authority support for children and families), in paragraph 1A(3), after paragraph (b) there is inserted—.
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Arrangements may be made between the CSCI and a Minister of the Crown—
for the CSCI to advise the Minister with respect to the provision of any services for which the Minister has responsibility which are similar to English local authority social services; or
for the CSCI to review, and conduct inspections in relation to, the provision of any such services.
Arrangements may be made between the CSCI and a Northern Ireland Minister for the CSCI to advise and assist the Northern Ireland Minister with respect to the provision of any services for which the Minister has responsibility which are similar to English local authority social services.
Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to the CSCI in respect of the cost to it of performing or providing any functions, services or facilities under the arrangements.
In this section “Northern Ireland Minister” has the same meaning as in section 124.
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The CHAI may make arrangements with— for the CHAI to advise and assist that authority with respect to the provision of health care by them or on their behalf.
the Government of the Isle of Man,
the States of Jersey, or
the States of Guernsey,
The terms and conditions of arrangements under this section may include provision with respect to the making of payments to the CHAI in respect of the cost to it of performing or providing any functions, services or facilities under the arrangements.
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The CSCI may make arrangements with— for the CSCI to advise and assist that authority with respect to the provision of any services which are similar to English local authority social services.
the Government of the Isle of Man,
the States of Jersey, or
the States of Guernsey,
The terms and conditions of arrangements under this section may include provision with respect to the making of payments to the CSCI in respect of the cost to it of performing or providing any functions, services or facilities under the arrangements.
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As soon as possible after the end of each financial year the CHAI must make a report on each of the following—
the way in which it has exercised its functions during the year;
the provision of health care by or for NHS bodies;
what it has found in the course of exercising its functions during the year in relation to the persons for whom it is the registration authority under the Care Standards Act 2000 (c. 14).
The CHAI must lay before Parliament a copy of each report made under this section.
The CHAI must send a copy of each report made under this section to the Secretary of State and the Assembly.
The CHAI must also provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time request.
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As soon as possible after the end of each financial year the CSCI must make a report on each of the following—
the way in which it has exercised its functions during the year;
what it has found in the course of exercising its functions during the year.
The CSCI must lay before Parliament a copy of each report made under this section.
The CSCI must send a copy of each such report to the Secretary of State.
The CSCI must also provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time require.
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In exercising any of its functions the CHAI must have regard to such aspects of government policy as the Secretary of State may direct.
Subsection (1) does not apply in relation to any of the CHAI’s functions under section 48(1), 49, 51 or 53.
In exercising any of its functions under any of the sections referred to in subsection (2)—
where the exercise relates to the provision of health care by or for an English NHS body or cross-border SHA, the CHAI must have regard to such aspects of government policy as the Secretary of State may direct; and
where the exercise relates to the provision of health care by or for a Welsh NHS body, the CHAI must have regard to such aspects of the Assembly’s policy as the Assembly may direct.
In relation to any function conferred on the CHAI under subsection (1)(a) of section 58, regulations under that section may do either or both of the following—
they may disapply subsection (1) of this section in relation to that function;
they may require the CHAI, in exercising the function in relation to the provision of health care by or for a Welsh NHS body, to have regard to such aspects of the Assembly’s policy as the Assembly may direct.
A direction under this section—
must be given in writing;
may be varied or revoked by a further direction under this section.
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In exercising any of its functions the CSCI must have regard to such aspects of government policy as the Secretary of State may direct in writing.
A direction given under this section may be varied or revoked by a further such direction.
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Where the Secretary of State considers that the CHAI is to a significant extent— he may give a direction to the CHAI.
failing to discharge any of its functions under this Act; or
failing properly to discharge any of those functions;
The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—
relates to any function of the CHAI under section 48(1), 49, 51 or 53; and
relates to the provision of health care by or for a Welsh NHS body.
Regulations under section 58 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—
the Assembly, and not the Secretary of State, may give directions to the CHAI under subsection (1);
the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).
The CHAI must comply with any direction given to it under this section.
A direction given under this section—
must be given in writing;
may be varied or revoked by a further direction under this section.
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Where the Secretary of State considers that the CSCI is to a significant extent— he may give it a direction in writing.
failing to discharge any of its functions under this Act or the Children Act 1989 (c. 41), or
failing properly to discharge any of those functions,
The CSCI must comply with any such direction.
A direction given under this section may be varied or revoked by a further such direction.
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The Secretary of State may cause an inquiry to be held into any matter connected with the exercise by the CHAI of any of its functions.
The Assembly may cause an inquiry to be held into any matter connected with the exercise by the CHAI of any of its functions in relation to any health care provided by or for a Welsh NHS body.
Before an inquiry is begun, the Secretary of State or (in the case of an inquiry under subsection (2)) the Assembly may give a direction that it be held in private.
Where no such direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
The report of the person holding the inquiry is to be published, unless the Secretary of State or (in the case of an inquiry under subsection (2)) the Assembly considers that there are exceptional circumstances which make publication inappropriate.
Publication under subsection (6) is to be in such manner as the Secretary of State or (in the case of an inquiry under subsection (2)) the Assembly considers appropriate.
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The Secretary of State may cause an inquiry to be held into any matter connected with the exercise by the CSCI of any of its functions (under any enactment).
Before an inquiry is begun, the Secretary of State may give a direction that it be held in private.
Where no such direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
The report of the person holding the inquiry is to be published, unless the Secretary of State considers that there are exceptional circumstances which make publication inappropriate.
Publication under subsection (5) is to be in such manner as the Secretary of State considers appropriate.
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This section applies to information which—
has been obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and
relates to and identifies an individual.
Subject to section 137, a person is guilty of an offence if he knowingly or recklessly discloses information to which this section applies during the lifetime of the individual to which it relates.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
For the purposes of subsection (1)(b), information obtained by the CHAI, or any person authorised by it, is to be regarded as identifying an individual if that individual can be identified—
from that information, or
from that information and from other information obtained by the CHAI or any person authorised by it.
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It is a defence for a person charged with an offence under section 136 to prove that at the time of the alleged offence—
any of the circumstances in subsection (2) applied in relation to the disclosure in question; or
he reasonably believed that they applied.
The circumstances referred to in subsection (1)(a) are that—
the disclosure was made in a form in which the individual to whom it relates is not identified;
the disclosure was made with the consent of the individual to whom the information relates;
the information disclosed had previously been lawfully disclosed to the public;
the disclosure was made under or pursuant to regulations under section 113 (complaints about health care);
the disclosure was made in accordance with any enactment or court order;
the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;
the disclosure was made to any body or person in circumstances where it was necessary or expedient for the person or body to have the information for the purpose of exercising his or its functions under any enactment.
It is also a defence for a person charged with an offence under section 136 to prove that the disclosure was made—
for the purposes of facilitating the exercise of any functions of the CHAI (under any enactment);
in connection with the investigation of a criminal offence (whether or not in the United Kingdom);
for the purpose of criminal proceedings (whether or not in the United Kingdom).
For the purposes of subsection (2)(a), information disclosed by a person is not to be regarded as being in a form in which an individual is not identified if the individual can be identified—
from that information, or
from that information and from other information disclosed by the CHAI, by any person authorised by it or by any of its members or employees.
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The CHAI may, subject to section 136, use any information it obtains, or documents or records produced to it, in the course of exercising any of its functions for the purposes of any of its other functions.
Where subsection (3) applies, the CHAI may disclose any information obtained by it notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
This subsection applies where—
in the case of information relating to an individual, the circumstances in paragraph (a) or (b) of subsection (2) of section 137 apply in relation to the disclosure;
in any case, the circumstances in any of paragraphs (c) to (g) of that subsection apply in relation to the disclosure; or
in any case, the disclosure is made as specified in paragraph (a), (b) or (c) of subsection (3) of that section.
Subsection (4) of section 137 applies for the purposes of subsection (3)(a) above.
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The CHAI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.
The code must in particular make provision about the CHAI’s obtaining, handling, use and disclosure of confidential personal information.
Before publishing the code, the CHAI must consult such persons as it considers appropriate.
The CHAI must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).
For the purposes of this section “confidential personal information” means information which—
is obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and
relates to and identifies an individual.
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The CSCI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.
The code must in particular make provision about the CSCI’s obtaining, handling, use and disclosure of confidential personal information.
Before publishing the code, the CSCI must consult such persons as it considers appropriate.
The CSCI must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).
For the purposes of this section “confidential personal information” means information which—
is obtained by the CSCI on terms or in circumstances requiring it to be held in confidence; and
relates to and identifies an individual.
As soon as possible after the end of each financial year of the Assembly, the Assembly must make and publish a report or reports on—
what it has found during the year in the course of exercising—
its functions under Chapter 4 ... of this Part (other than any function of making regulations);
its functions exercisable by virtue of section 5(1)(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);
the way in which the Assembly has during the year exercised those functions.
The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.
The functions of the Welsh Ministers referred to in subsection (1) are—
their functions under Chapter 4 of this Part;
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their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;
their functions under section 80 of the Children Act 1989;
their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);
any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.
References to functions in subsection (2) do not include functions of making regulations.
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This section applies where, under section 35 of the Government of Wales Act 1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant to the exercise of—
its functions under Chapter 4 or 6 of this Part (other than any function of making regulations);
its functions under section 87 of the Children Act 1989.
Before an inquiry is begun, the Assembly may give a direction that it be held in private.
Where no such direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
The report of the person holding the inquiry is to be published, unless the Assembly considers that there are exceptional circumstances which make publication inappropriate.
Publication under subsection (4) is to be in such manner as the Assembly considers appropriate.
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The Assembly and the CHAI must co-operate with each other for the efficient and effective discharge of any relevant function.
For the purposes of subsection (1), a relevant function is—
any function of the CHAI under Chapter 3 of this Part;
any function of the Assembly under Chapter 4 or 6 of this Part (other than any function of making regulations);
any function of the CHAI under the Care Standards Act 2000;
any function of the Assembly exercisable by virtue of section 5(b) or 8(1) to (3) of the Care Standards Act 2000.
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This section applies where any offence under this Part is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, manager, or secretary of the body corporate, or
any person who was purporting to act in any such capacity,
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
to any other similar officer of the body; and
where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.
Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.
In this Part—
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he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and
his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “ The Commission for Healthcare Audit and Inspection. ”; “ The Commission for Social Care Inspection. ”.
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In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—.
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The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
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he shall be regarded as employed by the Crown by virtue of a contract of employment;
the terms of his employment shall be regarded as constituting the terms of that contract; and
in relation to such a person, the reference in paragraph 4(2) to dismissal by the transferor is to termination of his employment by the Crown.
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that they are prepared in accordance with directions under paragraph 25 of Schedule 1,
that they comply with the requirements of all other provisions contained in, or having effect under, any enactment which are applicable to the accounts,
that proper practices have been observed in the compilation of the accounts, and
that the trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
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In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”
In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—.
The Health and Medicines Act 1988 has effect subject to the following amendments.
In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—
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In section 12(1)—
omit “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”;
in paragraph (a), omit “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”;
in paragraph (b)—
omit “the Dental Estimates Board or”,
for “either or both of those Boards” substitute “ that Board ”, and
omit “the Dental Practice Board and”.
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In section 17(1)—
omit “29, 36”;
for “39 or 42” substitute “ 38, 39, 41 or 42 ”.
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“Welsh local authority social service” means—
“general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).
“ Welsh NHS body ” means—
The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.
The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.
The Vehicle Excise and Registration Act 1994 is amended as follows.
In section 1 (definitions), in the definition of “voluntary hospital”, after “NHS trust” there is inserted “ , an NHS foundation trust ”.
In section 3 (employers exempted from insurance), in subsection (2)(a), after “1978,” there is inserted “ an NHS foundation trust, ”.
In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of paragraph (b) there is inserted—.
in the case of a hospital vested in— a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19) or section 12A of the 1978 Act, or a Primary Care Trust, the trust, and
For the purposes of this Part, a person provides health care for another person if he provides it—
at the direction of the other person;
in accordance with, or by virtue of, an agreement or arrangements made by the other person (whether or not with the person providing the health care); or
otherwise on behalf of the other person.
References in this section to the provision of health care include references to its provision jointly with another person.
This section applies if—
a person makes a compensation payment to or in respect of any other person (the “injured person”) in consequence of any injury, whether physical or psychological, suffered by the injured person, and
the injured person has—
received NHS treatment at a health service hospital as a result of the injury,
been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a health service hospital for NHS treatment (unless he was dead on arrival at that hospital), or
received treatment as mentioned in sub-paragraph (i) and been provided with ambulance services as mentioned in sub-paragraph (ii).
The person making the compensation payment is liable to pay the relevant NHS charges—
in respect of— to the Secretary of State,
the treatment, in so far as received at a hospital in England or Wales,
the ambulance services, in so far as provided to take the injured person to such a hospital,
in respect of— to the Scottish Ministers.
the treatment, in so far as received at a hospital in Scotland,
the ambulance services, in so far as provided to take the injured person to such a hospital,
“Compensation payment” means a payment, including a payment in money’s worth, made— but does not include a payment mentioned in Schedule 10.
by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or
in pursuance of a compensation scheme for motor accidents,
Subsection (1)(a) applies—
to a payment made—
voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
in the United Kingdom or elsewhere, and
if more than one payment is made, to each payment.
“Injury” does not include any disease.
Nothing in subsection (5) prevents this Part from applying to— if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).
treatment received as a result of any disease suffered by the injured person, or
ambulance services provided as a result of any disease suffered by him,
“NHS treatment” means any treatment (including any examination of the injured person) other than—
treatment provided by virtue of— (accommodation and services for private patients)
section 21(4) or 44(6) of the 2006 Act,
paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,
paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or
section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,
other treatment provided by an NHS foundation trust in pursuance of an undertaking to pay in respect of the treatment given by or on behalf of the injured person,
treatment provided at a health service hospital by virtue of section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006 or section 64 of the 1978 Act (permission for use of national health service accommodation or facilities in private practice), or
treatment provided by virtue of—
section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006 (primary medical and dental services), or
section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services).
In relation to any time before sections 170 and 172 come into force, the references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act are to be taken as a reference to section 35 of that Act (arrangements for general dental services).
In relation to any time before sections 174 and 175 come into force, the references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are to be taken as a reference to section 29 of that Act (arrangements for general medical services).
“Relevant NHS charges” means the amount (or amounts) specified in a certificate of NHS charges—
issued under this Part, in respect of the injured person, to the person making the compensation payment, and
in force.
“Compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons.
Regulations may amend Schedule 10 by omitting or modifying any payment for the time being specified in that Schedule.
This section applies in relation to any injury which occurs after the date on which this section comes into force.
For the purposes of this Part, it is irrelevant whether a compensation payment is made with or without an admission of liability.
Before a person makes a compensation payment in consequence of any injury suffered by an injured person, he may apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.
If the Secretary of State receives or the Scottish Ministers receive an application under subsection (1), he or they must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).
A certificate may provide that it is to remain in force—
until a specified date,
until the occurrence of a specified event, or
indefinitely.
A person may apply under subsection (1) for a fresh certificate from time to time.
Subsection (2) does not require the Secretary of State or the Scottish Ministers to arrange for a fresh certificate to be issued to a person applying under subsection (4) if, when the application is received, a certificate issued to the applicant in respect of the injured person is still in force; but the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.
If a certificate expires, the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued without an application having to be made.
In the circumstances mentioned in subsection (8), a person who has made a compensation payment in consequence of an injury suffered by an injured person must apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.
The circumstances are that—
at the time the payment is made by the person—
no certificate has been issued to him in respect of the injured person, or
if such a certificate has been issued to him, it is no longer in force, and
no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.
An application for a certificate must be made in the prescribed manner and, in the case of an application under subsection (7), within the prescribed period.
On receiving an application under subsection (7), the Secretary of State or the Scottish Ministers must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).
In this section and section 152, “relevant NHS charges” has the meaning given in section 150(10).
Subsection (2) applies if—
an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and
it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due to the Scottish Ministers or the Secretary of State (respectively) instead.
The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively), and the application is to be treated, for the purposes of this Part, as having been made to the Scottish Ministers or the Secretary of State (as the case may be).
Subsection (4) applies if—
an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and
it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due in part to him or them and in part to the Scottish Ministers or the Secretary of State (respectively).
The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively) in so far as the application relates to relevant NHS charges due to them or him, and the application is to be treated, for the purposes of this Part, as having been made to the Secretary of State in so far as it relates to relevant NHS charges due to him under subsection (2) of section 150 and to the Scottish Ministers in so far as it relates to relevant NHS charges due to them under that subsection.
A certificate may be issued under section 151 jointly by the Secretary of State and the Scottish Ministers specifying— in respect of the same injured person in consequence of the same injury.
an amount (or amounts) for which a person is liable under subsection (2) of section 150 to the Secretary of State, and
an amount (or amounts) for which that person is liable under that subsection to the Scottish Ministers,
In the case of a certificate issued under section 151 specifying an amount (or amounts) as mentioned in paragraphs (a) and (b) of subsection (5), references in the following provisions of this Part to a certificate are to be taken as being to the certificate in so far as it relates to the liability to the Secretary of State or in so far as it relates to the liability to the Scottish Ministers (as the case may require).
A certificate must specify the amount (or amounts) for which the person to whom it is issued is liable under section 150(2).
The amount (or amounts) to be specified is (or are) to be that (or those) set out in, or determined in accordance with, regulations, reduced if applicable in accordance with subsection (3) or regulations under subsection (10).
If a certificate relates to a claim made by or on behalf of an injured person— the amount (or amounts) specified in the certificate is (or are) to be that (or those) which would be so specified apart from this subsection, reduced by the same proportion as the reduction of damages.
in respect of which a court in England and Wales or Scotland has ordered a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),
in respect of which a court in Northern Ireland has ordered a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),
in respect of which a court in a country other than England and Wales, Scotland or Northern Ireland has ordered a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,
in respect of which an officer of a court in England and Wales or Northern Ireland has entered or sealed an agreed judgement or order which specifies—
that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and
the amount or proportion by which they are to be so reduced,
in the case of which the parties to any resulting action before a court in Scotland have executed a joint minute which specifies—
that the action has been settled extra-judicially, and
the matters mentioned in paragraph (d)(i) and (ii),
in respect of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and
which specifies the matters mentioned in paragraph (d)(i) and (ii), or
in the case of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and
which specifies the matters mentioned in paragraph (d)(i) and (ii),
If a certificate relates to an injured person who has not received NHS treatment at a health service hospital or been provided with NHS ambulance services as a result of the injury, it must indicate that no amount is payable to the Secretary of State or the Scottish Ministers (as the case may be) by reference to that certificate.
Regulations under subsection (2) may, in particular, provide— and in the case of paragraph (e) may make such provision by modifying this Part.
that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum,
for different amounts to be specified in respect of different circumstances or areas,
for cases in which an injured person receives treatment at two or more health service hospitals,
for cases in which an injured person receives treatment at one or more health service hospitals and is provided with NHS ambulance services,
for cases in which liability under section 150(2) is to be apportioned between two or more persons making compensation payments to or in respect of the same injured person in consequence of the same injury,
for cases in which a fresh certificate is issued or a certificate is revoked as a result of a review under or by virtue of section 156 or an appeal under section 157 or 159,
for the amount specified in a certificate issued by the Secretary of State or the Scottish Ministers to be adjusted to take into account any amount for which the person to whom the certificate is issued is liable under section 150(2), in respect of the same injured person in consequence of the same injury, in accordance with a certificate issued by the Scottish Ministers or the Secretary of State (respectively),
for any matter requiring determination under or in consequence of the regulations to be determined by the Secretary of State or the Scottish Ministers (as the case may require),
Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified in a certificate is to the amount (or amounts) which would be so specified apart from subsection (3) or regulations under subsection (10).
Regulations under subsection (2) which provide for cases mentioned in subsection (5)(e) may (among other things) provide in the case of each compensator for—
determining, or re-determining, the amount for which he is liable under section 150(2),
giving credit for amounts already paid, and
the payment by any person of any balance or the recovery from any person of any excess.
Regulations under subsection (2) which provide for cases mentioned in subsection (5)(f) may (among other things) provide in the case of any compensator for the matters mentioned in paragraphs (b) and (c) of subsection (7).
For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if—
it is settled by mediation of a prescribed description , and
the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.
Regulations may make provision as to the circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim is (or are) to be that (or those) which would be so specified apart from the regulations, reduced by the same proportion as the reduction of damages.
A person to whom a certificate is issued is entitled to such particulars of the manner in which any amount (or amounts) specified in the certificate has (or have) been determined as may be prescribed, if he applies to the Secretary of State or the Scottish Ministers (as the case may require) for those particulars.
Regulations under subsection (2) may be made so as to apply to any certificate issued after the time the regulations come into force, other than one relating to a compensation payment made before that time.
If the certificate by reference to which an amount payable under section 150(2) is determined is issued before the settlement date, that amount must be paid before the end of the period of 14 days beginning with the settlement date.
If the certificate by reference to which an amount payable under section 150(2) is determined is issued on or after the settlement date, that amount must be paid before the end of the period of 14 days beginning with the day on which the certificate is issued.
“Settlement date” means the date on which the compensation payment is made.
This section is subject to section 155(2).
This section applies if a person has made a compensation payment and either—
subsection (7) of section 151 applies but he has not applied for a certificate as required by that subsection, or
he has not made payment, in full, of any amount due under section 150(2) by the end of the period allowed under section 154.
The Secretary of State, the Scottish Ministers or both, according to the circumstances of the case, may— and, in either case, issue him with a demand that payment of any amount due under section 150(2) be made immediately.
in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and
in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (2) above as they apply to certificates issued under section 151.
A demand issued under subsection (2) may be issued jointly by the Secretary of State and the Scottish Ministers specifying— in respect of the same injured person in consequence of the same injury.
an amount due under subsection (2) of section 150 to the Secretary of State, and
an amount due under that subsection to the Scottish Ministers,
In the case of a demand specifying amounts as mentioned in subsection (4)(a) and (b), references in the following provisions of this section to a demand are to be taken as being (as the case may require) to— and related expressions are to be read accordingly.
the demand in so far as it relates to any amount due to the Secretary of State, or
the demand in so far as it relates to any amount due to the Scottish Ministers,
The Secretary of State or the Scottish Ministers may recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.
If the person who made the compensation payment resides or carries on business in England or Wales and the county court so orders, the amount demanded is recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court.
If the person who made the compensation payment resides or carries on business in Scotland, the demand may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
A document which states that it is a record of the amount recoverable under subsection (6) is conclusive evidence that the amount is so recoverable if it is signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be).
For the purposes of subsection (9), a document purporting to be signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be) is to be treated as so signed unless the contrary is proved.
The Secretary of State or the Scottish Ministers must review a certificate issued by him or them if the certificate relates to a claim made by or on behalf of an injured person— and notification of the order, judgement, minute or document has been given to the Secretary of State or the Scottish Ministers (as the case may be) in the prescribed manner.
in respect of which, after the certificate is issued, a court in England and Wales or Scotland orders a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),
in respect of which, after the certificate is issued, a court in Northern Ireland orders a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),
in respect of which, after the certificate is issued, a court in a country other than England and Wales, Scotland or Northern Ireland orders a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,
in respect of which, after the certificate is issued, an officer of a court in England and Wales or Northern Ireland enters or seals an agreed judgement or order which specifies—
that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and
the amount or proportion by which they are to be so reduced,
in the case of which, after the certificate is issued, the parties to any resulting action before a court in Scotland execute a joint minute which specifies—
that the action has been settled extra-judicially, and
the matters mentioned in paragraph (d)(i) and (ii),
in respect of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and
which specifies the matters mentioned in paragraph (d)(i) and (ii), or
in the case of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and
which specifies the matters mentioned in paragraph (d)(i) and (ii),
Regulations may make provision as to the circumstances in which the Secretary of State or the Scottish Ministers must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in section 153(9)).
If— the other must review the certificate issued by him or them (as the case may be) if he is or they are satisfied that it is necessary or expedient to make consequential adjustments to that certificate.
the Secretary of State and the Scottish Ministers have issued certificates to a person specifying an amount (or amounts) for which that person is liable under section 150(2) in respect of the same injured person in consequence of the same injury, and
either the Secretary of State or the Scottish Ministers subsequently adjusts or adjust the amount (or amounts) specified in the certificate issued by him or them on a review of, or an appeal against, that certificate,
The Secretary of State or the Scottish Ministers may review a certificate issued by him or them—
either within the prescribed period or in prescribed cases or circumstances, and
either on application made for the purpose or on his or their initiative.
On a review under or by virtue of this section, the Secretary of State or the Scottish Ministers may—
confirm the certificate,
issue a fresh certificate containing such variations as he considers or they consider appropriate, or
revoke the certificate.
But the Secretary of State or the Scottish Ministers may not vary a certificate so as to increase the amount, or the aggregate amount, specified unless it appears to him or them that the variation is required as a result of his or their having been supplied with incorrect or insufficient information by the person to whom the certificate is issued.
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (5)(b) above as they apply to certificates issued under section 151.
An appeal against a certificate may be made by the person to whom the certificate was issued on one or more of the following grounds—
that an amount (or amounts) specified in the certificate is (or are) incorrect,
that an amount (or amounts) so specified takes (or take) into account—
treatment which is not NHS treatment received by the injured person, as a result of his injury, at a health service hospital,
ambulance services which are not NHS ambulance services provided to the injured person as a result of his injury, or
treatment as mentioned in sub-paragraph (i) and ambulance services as mentioned in sub-paragraph (ii),
that the payment on the basis of which the certificate was issued is not a compensation payment.
No appeal may be made until—
the claim against the person to whom the certificate was issued, which gives rise to the compensation payment, has been finally disposed of, and
payment of the amount (or amounts) specified in the certificate has been made to the Secretary of State or the Scottish Ministers (as the case may be), subject to subsection (4) and sections 158(6) and 159(5).
For the purposes of subsection (2)(a), if an award of damages in respect of a claim has been made under or by virtue of— (orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.
section 32A(2)(a) of the Senior Courts Act 1981,
section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the Administration of Justice Act 1982 (c. 53), or
section 51(2)(a) of the County Courts Act 1984 (c. 28),
The Secretary of State or the Scottish Ministers may, on an application by the person to whom the certificate was issued, waive the requirement in subsection (2)(b) that payment of the amount (or amounts) specified in the certificate be made before making an appeal.
The Secretary of State or the Scottish Ministers may only grant a waiver if it appears to him or them that payment of the amount (or amounts) specified in the certificate would cause exceptional financial hardship.
An appeal against a decision of the Secretary of State or the Scottish Ministers on an application under subsection (4) (referred to in this section and section 158 as a “waiver decision”) may be made by the person to whom the certificate was issued.
Regulations may make provision—
as to the manner in which, and the time within which, an appeal against a certificate or waiver decision may be made,
as to the procedure to be followed if an appeal against a certificate or waiver decision is made,
...and
for the purpose of enabling an appeal against a certificate to be treated as an application for a review under section 156.
The Secretary of State or the Scottish Ministers must refer to the First-tier Tribunal an appeal against—
a certificate, or
a waiver decision.
In determining an appeal against a certificate, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury in question.
On an appeal against a certificate, the tribunal may—
confirm the amount or amounts specified in the certificate,
specify any variations which are to be made on the issue of a fresh certificate under subsection (4), or
declare that the certificate is to be revoked.
When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of a tribunal on an appeal against a certificate, he or they must in accordance with that decision—
confirm the certificate,
issue a fresh certificate, or
revoke the certificate.
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (4)(b) above as they apply to certificates issued under section 151.
On an appeal against a waiver decision, the tribunal may—
confirm the decision, or
waive the requirement in question.
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An appeal may be made to a Commissioner against any decision of an appeal tribunal under section 158 on the ground that the decision was erroneous in point of law.
An appeal under this section may be made by—
the Secretary of State or the Scottish Ministers (as the case may be), or
the person to whom the certificate was issued.
If an appeal is made under this section, subsections (7) to (12) of section 14 of the 1998 Act apply to the appeal as they apply to an appeal under that section (reading references to a tribunal as references to an appeal tribunal constituted as mentioned in section 158(1)).
In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (3) of section 158, subsections (2) to (4) of that section apply as they apply to an appeal determined on a reference under subsection (1)(a) of that section.
In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (6) of section 158, the appeal tribunal may—
confirm the waiver decision, or
waive the requirement in question.
In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (3) of section 158, subsection (4) of that section applies as if the references to the decision of the tribunal on an appeal against a certificate were references to the decision of the Commissioner on an appeal under this section.
In this section—
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Section 56(4)(a) of the Patents Act 1977 is amended as follows. After “the provision of—” insert—. In sub-paragraph (i), after “1977” insert “ (in the case of pharmaceutical services) ”. In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.
The Medical Act 1983 is amended as follows.
In section 240(4) of the Copyright, Designs and Patents Act 1988—
after “providing—” insert—;
in paragraph (a)(i), after “1977” insert “ (in the case of pharmaceutical services) ”;
omit paragraph (b)(i).
The Access to Health Records Act 1990 is amended as follows. In section 1, in subsection (2), for paragraph (a) substitute—. In that subsection, in paragraph (b), after “by a health service body” insert “ (and not falling within paragraph (aa) above) ”. In section 7— In section 11— This paragraph extends to England and Wales only.
The Health Service Commissioners Act 1993 has effect subject to the following amendments.
In Schedule 3 to the Health Act 1999, in paragraph 11(2)—
in sub-paragraph (c), for the words from “provide” to “under” substitute “ perform primary medical services under Part 1 of ”;
in sub-paragraph (d), for the words from “provide” to “under” substitute “ perform primary dental services under Part 1 of ”.
In section 11(4), in the definition of “medical practice”—
after “practitioners—” insert—;
in paragraph (a), omit “Part II of the National Health Service Act 1977,”;
in paragraph (b), omit “section 28C of the 1977 Act,”.
In section 2—
in subsection (1)(c), for the words from “exercising” to the end substitute “ not exercising functions only or mainly in Wales ”;
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In section 12(2)(a), for “general medical services under Part II of the National Health Service Act 1977,” substitute “ primary medical services under Part 1 of the National Health Service Act 1977 or general medical services under ”.
Section 2A is amended as follows. In subsection (1)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6(5)—
omit “29, 36”;
for “39 or 42” substitute “ 38, 39, 41 or 42 ”.
In section 18(1), after “partly” insert “ or wholly ”.
If compensation is sought in consequence of any injury suffered by an injured person, such information with respect to the circumstances of the case as may be prescribed must be given by the following persons to the Secretary of State or the Scottish Ministers (as the case may require)—
the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,
the injured person or, if the injured person has died, his personal representative,
anyone not within paragraph (a) who is, or is alleged to be, liable to any extent in respect of the injury,
if the claim is not made by the injured person, the person by whom it is made,
anyone acting on behalf of the person within any of paragraphs (b) to (d),
the responsible body of each health service hospital at which the injured person has received NHS treatment as a result of his injury,
any ambulance trust which provided NHS ambulance services as a result of his injury.
if the injured person received NHS treatment pursuant to arrangements made by an integrated care board under section 3 or 3A of the National Health Service Act 2006, the integrated care board.
A person who is required to give information under this section must do so—
in the prescribed manner, and
within the prescribed period.
Regulations under this section may, in particular, require the provision of information about any NHS treatment which an injured person has received at a health service hospital and any NHS ambulance services provided to the injured person.
In this section—
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The Human Tissue Act 1961 is amended as follows.
An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order— The Acquisition of Land Act 1981 is to apply to the compulsory purchase of land under this paragraph. But no order is to be made by an NHS foundation trust under Part 2 of that Act with respect to any land unless the proposal to acquire it compulsorily—
The AIDS (Control) Act 1987 is amended as follows.
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In section 1 (removal of parts of bodies for medical purposes), in subsection (4A)(b), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.
The Acquisition of Land Act 1981 is amended as follows.
In section 1 (periodical reports on matters relating to AIDS and HIV)—
in subsection (1)(b)(iv), after “NHS trust” there is inserted—,
in subsection (2)(b), after “NHS Trust” there is inserted “ , NHS foundation trust ”.
In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), after paragraph (b) there is inserted—.
In section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of “statutory undertakers”, after paragraph (aa) there is inserted—.
Subsection (2) applies to information which is held— for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27).
by the Secretary of State, or
by a person providing services to the Secretary of State in connection with the provision of those services,
The information may—
be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part, and
be supplied to a qualifying person for use for those purposes.
In subsection (2), “qualifying person” means—
in the case of information held by the Secretary of State—
a person providing services to the Secretary of State, or
the Scottish Ministers or a person providing services to the Scottish Ministers, or
in the case of information held by a person providing services to the Secretary of State—
the Secretary of State or another person providing services to the Secretary of State, or
the Scottish Ministers or a person providing services to the Scottish Ministers.
Subsection (5) applies to information which is held— for the purposes of, or for any purpose connected with, the exercise of functions under this Part.
by the Secretary of State or the Scottish Ministers, or
by a person providing services to the Secretary of State or the Scottish Ministers in connection with provision of those services,
The information may—
be used for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997, and
be supplied to a qualifying person for use for those purposes.
In subsection (5), “qualifying person” means—
in the case of information held by the Secretary of State, a person providing services to the Secretary of State,
in the case of information held by the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State,
in the case of information held by a person providing services to the Secretary of State, the Secretary of State or another person providing services to the Secretary of State,
in the case of information held by a person providing services to the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State.
If the Secretary of State receives or the Scottish Ministers receive a payment of relevant NHS charges under section 150(2)—
if the payment relates only to NHS treatment received at a health service hospital, he or they must pay the amount received to the responsible body of the health service hospital,
if the payment relates only to the provision of NHS ambulance services, he or they must pay the amount received to the relevant ambulance trust,
if the payment relates to NHS treatment received at more than one health service hospital, he or they must divide the amount received among the responsible bodies of the hospitals concerned in such manner as he considers or they consider appropriate,
if the payment relates to NHS treatment received at one or more health service hospitals and the provision of NHS ambulance services, he or they must divide the amount received among the responsible body or bodies of the hospital or hospitals and any relevant ambulance trusts concerned in such manner as he considers or they consider appropriate.
Subsection (1) does not apply to any amount received by the Secretary of State or the Scottish Ministers under section 150(2) which he is or they are required to repay in accordance with regulations under section 153(2).
Regulations under this section may—
make provision for the manner in which and intervals at which any payments due under this section are to be made,
make provision for cases where the responsible body of the health service hospital or relevant ambulance trust concerned has ceased to exist (including provision modifying this Part).
Any amounts received under this section by the responsible bodies of the health service hospitals concerned must be used for the purposes of providing goods and services for the benefit of patients receiving NHS treatment at those hospitals.
Any amounts received under this section by the relevant ambulance trusts concerned must be used for the purposes of NHS ambulance services.
In this section—
Regulations may make provision (including provision modifying this Part)—
for cases to which section 150(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury,
for cases to which section 150(2) applies in which an agreement is entered into for the making of—
periodical compensation payments (whether of an income or capital nature), or
periodical compensation payments and lump sum compensation payments,
for cases in which the compensation payment to which section 150(2) applies is an interim payment of damages which a court orders to be repaid.
Regulations made by virtue of subsection (1)(a) may (among other things) provide—
for giving credit for amounts already paid, and
for the payment by any person of any balance or the recovery from any person of any excess.
Regulations may make provision modifying the application of this Part in relation to cases in which a payment into court is made and, in particular, may provide—
for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment,
for application for, and issue of, certificates.
If a compensation payment is made in a case where— the policy is also to be treated as covering any liability of that person under section 150(2).
a person is liable to any extent in respect of the injury, and
the liability is covered to any extent by a policy of insurance,
Liability imposed on the insurer by subsection (1) cannot be excluded or restricted.
For that purpose excluding or restricting liability includes—
making the liability or its enforcement subject to restrictive or onerous conditions,
excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
excluding or restricting rules of evidence or procedure.
Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by subsection (1).
This section applies in relation to policies of insurance issued before (as well as those issued after) the date on which it comes into force.
References in this section to policies of insurance and their issue include references to contracts of insurance and their making.
Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—
a person makes a compensation payment as mentioned in section 150(1)(a), but
the person to or in respect of whom the payment is made has— (subject to subsection (2)).
received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,
been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or
received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),
Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital.
In subsection (1), “NHS arrangement” means an arrangement or agreement between—
the hospital in question or a body responsible for it, and
any of the following—
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a National Health Service trust established under section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act,
NHS England,
a Local Health Board,
an integrated care board,
a Health Board or Special Health Board established under section 2 of the 1978 Act, or
an NHS foundation trust.
Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed.
In this section “qualifying hospital” means a hospital (within the meaning of section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.
This Part binds the Crown.
Any power to make regulations conferred by this Part is exercisable—
in relation to England and Wales, by the Secretary of State; and
in relation to Scotland, by the Scottish Ministers.
Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.
In this Part—
“the Assembly” means the National Assembly for Wales.
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the annual accounts,
any report of the auditor on them,
the annual report.
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Sub-paragraph (2) applies where— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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The Health Services and Public Health Act 1968 is amended as follows.
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
The London Local Authorities Act 1991 is amended as follows.
The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.
The Freedom of Information Act 2000 is amended as follows.
The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
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Section 18 of the National Health Service and Community Care Act 1990 is amended as follows (for so long as it has effect). In subsection (1), for “Health Authority”, in each place, substitute “ Local Health Board ”. In subsection (3), for paragraphs (a) and (b) substitute—. In subsections (4) and (5), for “Health Authority”, in each place, substitute “ Local Health Board ”. At the end insert—
Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. In paragraph (a), omit “28C, 29, 35”. Renumber the existing provision as subsection (1). After that provision insert—
In section 520(1) of the Education Act 1996, for “(1A)” substitute “ 16CB ”.
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Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows. In paragraph 4(1) (nominated members) for the words “Her Majesty on the advice of Her Privy Council” there are substituted “ the Privy Council ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In section 63 (provisions of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare), in subsection (5B), the “and” at the end of paragraph (bbb) is omitted and after paragraph (c) there is inserted—.
In section 2 (rights of authorised representatives of disabled persons), in subsection (5)(a), after “1990” there is inserted “ or by an NHS foundation trust ”.
In section 4 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, after “1990” there is inserted “ or by an NHS foundation trust ”.
In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.
In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is inserted—
In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in subsection (1), in paragraph (a) of the definition of “NHS body”, after “trust;” there is inserted—.
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is made by a Committee of either House of Parliament, or a Committee of both Houses, and
relates to the exercise by the regulator of its functions.
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In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”—
in paragraph (a)(i), after “National Health Service trust” there is inserted “ , an NHS foundation trust ”,
in paragraph (cc), after “that trust;” there is inserted—.
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“prescribed” means prescribed by regulations.
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The Leasehold Reform Act 1967 is amended as follows.
The Public Health (Control of Disease) Act 1984 is amended as follows.
The Data Protection Act 1998 is amended as follows.
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In section 28 (retention or assumption of land required for public purposes)—
in subsection (5), for “and any National Health Service trust” there is substituted “ , any National Health Service trust and any NHS foundation trust ”,
in subsection (6)(c), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.
In section 13 (regulations for control of certain diseases), in subsection (4)(a), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.
In section 69 (meaning of “health professional”), in subsection (3), after paragraph (f) there is inserted—.
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In section 37 (removal to hospital of person with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.
In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.
The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.
In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.
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In the 1977 Act, after section 16CA (as inserted by section 170 above) insert—
Section 5(1A) of the 1977 Act shall cease to have effect.
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In the 1977 Act, after section 28J insert—
Sections 35 and 36 of the 1977 Act (arrangements for general dental services) shall cease to have effect.
The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 172, are providing services under section 35 of the 1977 Act (general dental services).
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general dental services contract with him; and the order may make provision as to the terms of any such contract.
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of dental services.
An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 172), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
In this section—
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In the 1977 Act, after section 28P (as inserted by section 172 above) insert—
Sections 29 to 34A of the 1977 Act (arrangements for general medical services) shall cease to have effect.
The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 175, are providing services under section 29 of the 1977 Act (general medical services).
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general medical services contract with him; and the order may make provision as to the terms of any such contract.
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of medical services.
An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 175), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
In this section—
“appropriate authority” means—
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Section 28D of the 1977 Act (persons with whom arrangements under section 28C of that Act may be made) is amended as follows.
In subsection (1), for paragraphs (b) and (c) substitute—.
After subsection (1) insert—
“health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
“NHS employee” means an individual who, in connection with the provision of services in the health service in England and Wales, Scotland or Northern Ireland, is employed by—
In the definitions of “section 17C employee” and “section 28C employee”, for “an individual providing” substitute “a person providing or performing”.
In section 28E of the 1977 Act (regulations), in subsection (3), after paragraph (c) insert—.
In that section, after subsection (3) insert—
In that section, after subsection (3B) (as inserted by subsection (8) above), insert—
In that section, after subsection (3C) (as inserted by subsection (9) above) insert—
In that section, after subsection (3D) (as inserted by subsection (10) above) insert—
In that Act, sections 28F (choice of medical practitioner), 28G (choice of dental practitioner) and 28H (immunisation) shall cease to have effect.
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Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46) (power to make pilot schemes for the provision of personal medical and dental services) shall cease to have effect.
This section extends to England and Wales only.
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In the 1977 Act, after section 28W (as inserted by section 175 above) insert—
In section 49M(7) of that Act, at the end there is inserted “; and regulations under this subsection may include provision of the kind referred to in section 49I(10)”.
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In section 16B of the 1977 Act (exercise of functions by Primary Care Trusts), at the end insert—.
In section 16BC of that Act (exercise of functions by Local Health Boards), at the end insert—.
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In the 1977 Act, for sections 78A to 79A substitute—
After Schedule 12 to that Act insert—
In section 126 of that Act—
in subsection (1), after “PCT order” insert “or an instrument to which subsection (1A) applies”;
after subsection (1) insert—
In respect of any period after the coming into force of this section but before the coming into force of section 178, section 79(5)(b) of the 1977 Act (as inserted by subsection (1) above) shall have effect as if it included a reference to the supply of dentures and other dental appliances in accordance with a pilot scheme under Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46).
Schedule 11 (which contains minor and consequential amendments relating to this Part) has effect.
In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—
In section 15A of that Act—
in subsection (2), after the first “instrument” insert “ made by the Secretary of State ”; and
omit subsection (3).
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 185 above—
is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
is subject to annulment in pursuance of a resolution of either House of Parliament.
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health;
social care;
the regulation of professions associated with health or social care.
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the direction is a direction of the Secretary of State under section 16D of that Act;
the function is exercisable by the Special Health Authority under section 16D.
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at the time the direction is given;
for the purposes of anything done by a Special Health Authority in pursuance of the direction.
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the appointment of persons to be members of a body to which this section applies;
the removal (whether permanently or otherwise) of such persons from the membership of the body,
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Schedule 12 amends certain enactments which provide for appointments to be made to certain bodies by or on the advice of the Privy Council.
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This section applies if (apart from section 187) the appointments function in relation to a body is exercisable jointly or concurrently with a person who is not a Minister of the Crown.
A requirement to exercise the function jointly or concurrently does not prevent the Secretary of State from making a direction in relation to the body but he must not do so unless he first consults the other person.
If a direction is given as mentioned in subsection (2) so much of the functions of the Secretary of State and of the other person as are specified in the direction is exercisable by the Special Health Authority acting alone.
Subsections (2) and (3) do not apply if the other person is the Scottish Ministers but that does not prevent the Secretary of State from giving a direction under section 187 in relation to the exercise of any function he has.
Appointments function has the same meaning as in section 187.
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the Protection of Children Act 1999 (c. 14);
the Care Standards Act 2000 (c. 14).
The Public Health Laboratory Service Board is abolished.
Schedule 13 has effect.
On the day this section is commenced by order under section 199 the property, rights and liabilities of the Board vest in the Secretary of State.
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Paragraph 1 of Schedule 3 to the National Health Service and Community Care Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows.
In sub-paragraph (6), the words “, with the consent of the Treasury,” are omitted.
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There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act—
“the 2006 Act” means the National Health Service Act 2006;
Any order or regulations under this Act—
may make different provision for different purposes; and
may make incidental, supplementary, consequential, transitory or transitional or saving provision.
Any power to make regulations conferred by this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.
Before making any regulations under Part 3 the Secretary of State must consult the Assembly.
Any power to make an order or regulations under this Act is exercisable by statutory instrument.
The Secretary of State may not make a statutory instrument containing— unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
regulations under section 150(12),
the first regulations made under section 26, 35 or 153(2), or
an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
A statutory instrument containing any other order or regulations under this Act made by the Secretary of State (apart from an order under section 22, 25(3), 28 or 199) is subject to annulment in pursuance of a resolution of either House of Parliament.
The Scottish Ministers may not make a statutory instrument containing— unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
regulations under section 150(12),
the first regulations made under section 153(2), or
an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
A statutory instrument containing any other order or regulations under this Act made by the Scottish Ministers (apart from an order under section 199) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
The enactments mentioned in Schedule 14 (which include provisions of Acts of the Scottish Parliament) are repealed or revoked to the extent specified.
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to that Act as amended by this Act.
Subsection (1) does not affect the power to make further Orders varying or omitting any reference to an Act which is amended by this Act.
The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order.
Subject to this section— shall come into force on such day as the appropriate authority may by order appoint.
the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to 5, and
section 196 and Schedule 14,
The appropriate authority is—
in relation to Part 1, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State;
in relation to Part 2—
for section 42 and Schedule 7, sections 57 and 61, Chapter 5, sections 102 to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133, 135, 139 and 141, section 147 and Schedule 9 so far as relating to the Commission for Social Care Inspection, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State;
for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142 to 145 and section 196 and Schedule 14 so far as relating to those provisions, the Assembly;
for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147 and paragraph 4 of Schedule 9 and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State, in relation to England, and the Assembly, in relation to Wales; and
for the other provisions of the Part, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State after consulting the Assembly;
in relation to Part 3, and section 196 and Schedule 14 so far as relating to that Part—
in relation to England and Wales, the Secretary of State after consulting the Assembly; and
in relation to Scotland, the Scottish Ministers with the consent of the Secretary of State;
in relation to section 181, and section 196 and Schedule 14 so far as relating to section 181, the Secretary of State;
in relation to the other provisions of Part 4, and section 196 and Schedule 14 so far as relating to those provisions—
in relation to England, the Secretary of State; and
in relation to Wales, the Assembly;
in relation to Part 5, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State.
Different days may be appointed for different purposes.
Subsection (1) does not apply in relation to any provision of this Act so far as it confers power to make an order or regulations, or to section 167, 186 or 192.
The appropriate authority may by order make such transitional or transitory provisions and savings as the authority considers appropriate in connection with the coming into force of any provision of this Act.
For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
Nothing in any transitional or transitory provisions and savings contained in this Act restricts the power under this section to make other transitional provisions and savings.
The appropriate authority may by order make such supplementary, incidental or consequential provision as he or it thinks appropriate for the purposes of, in consequence of or for giving full effect to any provision of this Act.
For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
The power under this section is not restricted by any other provision of this Act.
The amendment or repeal of any provision by this Act has the same extent as the provision being amended or repealed (subject to any express limitation contained in this Act).
Subject to that and except as provided below this Act extends to England and Wales only.
The following provisions also extend to Scotland—
sections 124 and 125;
Part 3, except for section 163(3);
sections 185, 187 and 188 and Schedule 12;
this Part.
The following provisions also extend to Northern Ireland—
sections 124 and 125;
section 186;
sections 187, 188 and Schedule 12;
this Part.
This Act may be cited as the Health and Social Care (Community Health and Standards) Act 2003.
Section 1
“NHS treatment” has the meaning given in section 150(7);
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The Public Records Act 1958 is amended as follows.
The Water Industry Act 1991 is amended as follows.
The Education Act 1996 is amended as follows.
In Schedule 1 (definition of public records), in the Table in Part 1, in the entry relating to the Department of Health, in the second column, for “and National Health Service trusts” there is substituted “ , National Health Service trusts and NHS foundation trusts ”.
In Schedule 4A (premises that are not to be disconnected for non-payment of charges), in paragraph 16, at the end there is inserted “ or by an NHS foundation trust ”.
In section 332 (duty of Health Authority, a Primary Care Trust or National Health Service trust to notify parent etc.), in subsection (1), for “or a National Health Service trust” there is substituted “ , a National Health Service trust or an NHS foundation trust ”.
Section 2
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the chairman or deputy chairman or any committee,
any member of the staff,
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The National Assistance Act 1948 is amended as follows.
The Local Government Act 1972 is amended as follows.
The Mental Health Act 1983 is amended as follows.
The Company Directors Disqualification Act 1986 is amended as follows.
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The Value Added Tax Act 1994 is amended as follows.
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
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of any member of the CHAI, or
of any other person who has been authorised by the CHAI (whether generally or specifically) for that purpose.
Section 43K of the Employment Rights Act 1996 is amended as follows. In subsection (1), after paragraph (b) insert—. In subsection (2), after paragraph (a) insert—.
In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert—
Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies subject to a general statutory duty) the entry relating to the Public Health Laboratory Service Board is omitted.
In the National Health Service and Community Care Act 1990—
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in section 60(7) (removal of Crown immunities) paragraph (h) and the word “and” preceding it are omitted.
In Schedule 5 to the Government of Wales Act 1998 (bodies covered by power of Assembly to require under section 74 of that Act certain persons to attend and give evidence and produce documents), paragraph 39 is omitted. But sub-paragraph (1) does not affect a requirement made—
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (disclosure of certain information to health service bodies)—
in paragraph (a) the word “ or ” is inserted after sub-paragraph (iii) and sub-paragraph (v) and the word “or” preceding it are omitted;
in paragraph (b) the word “ or ” is inserted after sub-paragraph (i) and sub-paragraph (iii) and the word “or” preceding it are omitted.
In section 24 (authority liable for provision of accommodation), in subsection (6), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.
In section 113 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A), for “or NHS trust” (in each place) there is substituted “ , NHS trust or NHS foundation trust ”.
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After section 22B there is inserted—
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in subsection (2), after “NHS trusts;” there is inserted—,
in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”,
but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust
in subsection (5), for “or NHS trust” there is substituted “, NHS trust or NHS foundation trust”.
In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), after paragraph (e) there is inserted—.
In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph (ii) there is inserted—.
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In section 19 (regulations as to transfer of patients), in subsection (3), after “National Health Service trust” (in both places) there is inserted “ , NHS foundation trust ”.
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in the case of patients being provided with goods and services for the purposes of the health service, paragraph 14 is to have effect in relation to accommodation and further services made available to them by an NHS foundation trust as it does in relation to accommodation and services made available by NHS trusts,
in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is inserted—,
in paragraph 32, at the end there is inserted “or section 28 of the Health and Social Care (Community Health and Standards) Act 2003”.
In section 23 (discharge of patients)—
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in subsection (4), after “trust” (in the first place it occurs) there is inserted “ (other than an NHS foundation trust) ”,
after subsection (5), there is inserted—
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In section 32 (regulations for purposes of Part 2), in subsection (3), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.
In section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted “ or NHS foundation trust ”.
In section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of “the managers” there is inserted—.
Section 25
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is not terminated by the transfer,
has effect from the date of transfer as if originally made between the employee and the transferee.
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all the rights, powers, duties and liabilities of the trust under or in connection with the contract of employment are by virtue of this paragraph transferred to the transferee on the date of transfer, and
anything done before that date by or in relation to the trust in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
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paragraphs 2 and 3 do not apply, and
the contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any purpose, as having been dismissed by the trust.
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Section 34
Section 38
Section 41(2)
Section 42(2)
“general medical services contract” means a contract under section 28Q of the 1977 Act (as inserted by section 175).
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Section 43
Section 147
Section 150
Any payment made to or for the injured person under—
Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons),
section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), ...
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland) or
section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).
Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
the injury suffered by the injured person, or
any connected injury suffered by another.
Any payment made out of property held for the purposes of a prescribed trust.
Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question. In sub-paragraph (1), “insurer” means— Sub-paragraph (2) must be read with—
Any payment which apart from this paragraph would be made by—
the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,
the relevant ambulance trust to whom the payment would subsequently be passed under that section.
Any payment to the extent that it is made—
in consequence of an action under the Fatal Accidents Act 1976 (c. 30),
in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or
in circumstances where, had an action been brought, it would have been brought under that Act or Order.
Any payment to the extent that it is made in respect of a liability arising by virtue of any of sections 4 to 6 of the Damages (Scotland) Act 2011 (asp 7).
Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.
Section 184
Section 187
Section 190
Section 196
Reference Extent of repeal or revocation Health Services and Public Health Act 1968 (c. 46) In section 63(5B), the “and” at the end of paragraph (bbb). National Health Service Act 1977 (c. 49) In section 22(1A), the “or” at the end of paragraph (cc). In section 125, the “and” at the end of paragraph (bbb). National Health Service and Community Care Act 1990 (c. 19) In Schedule 2, paragraphs 21 and 25(b). In Schedule 9— paragraph 7(a), paragraph 13(a), in paragraph 18(5)(a), the words from “after” to “trust” and“, paragraph 36(4)(a). Access to Health Records Act 1990 (c. 23) In section 11, in the definition of “health service body”, the “or” before paragraph (d). Courts and Legal Services Act 1990 (c. 41) In Schedule 16— in paragraph 14(b), the words from “and after” to the end, paragraph 20. Health and Social Care Act 2001 (c. 15) In section 11(2), the “and” before paragraph (c). National Health Service Reform and Health Care Professions Act 2002 (c. 17) In section 15(1), the “and” before paragraph (b).
Reference Extent of repeal or revocation Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. Public Bodies (Admission to Meetings) Act 1960 (c. 67) In the Schedule, paragraph 1(bc) and (bf). Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. Local Authority Social Services Act 1970 (c. 42) Section 7B. House of Commons Disqualification Act 1975 (c. 24) In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. Hospital Complaints Procedure Act 1985 (c. 42) In section 1— in subsection (1), the words from “to each”, where first occurring, to “Wales and” and the words “Strategic Health Authority, Health Authority, Special Health Authority or”; and “20 or” and “or Schedule 2,”; subsections (1B), (1C)(a) and (3)(a). Children Act 1989 (c. 41) Section 14G. Health Service Commissioners Act 1993 (c. 46) Section 4(6). Health Authorities Act 1995 (c. 17) In Schedule 1, paragraph 109. Health Act 1999 (c. 8) Sections 18 to 24. In section 62— in subsection (2), “20 or” and “or Schedule 2,”; in subsection (5), “20 or”. In section 64, the definition of “the Commission”. Section 66(6). Schedule 2. In Schedule 4, paragraph 71. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) In Schedule 1, in the entry relating to the Health Act 1999, “20(1), 22 and” and “and Schedule 2 (other than paragraph 2)”. In Schedule 2, the entries relating to the Health Act 1999. Care Standards Act 2000 (c. 14) Sections 6 and 7. Section 9. Section 10(1). Section 22(8)(a). In section 31(6), “and inspect any medical records relating to his treatment in the establishment”. Section 32(8). Section 44. Section 45(1) to (3) and (5). Sections 46 and 47. Section 49(2). Section 51. In section 113(1), “the Commission or” and, in paragraph (b), “6(2) or”. In section 121(13), in the table, the entry for “the Commission”. In Schedule 1— in paragraph 1(1), “the Commission,”; paragraphs 9 to 11, 15 and 17. Local Government Act 2000 (c. 22) In Schedule 5, paragraph 29. Freedom of Information Act 2000 (c. 36) In Part VI of Schedule 1, the reference to the Commission for Health Improvement. National Health Service Reform and Health Care Professions Act 2002 (c. 17) Sections 11 to 14. In Schedule 1, paragraphs 37, 49 and 50. In Schedule 5, paragraph 44. In Schedule 8, paragraphs 28 to 31. Health and Social Care (Community Health and Standards) Act 2003 In Schedule 9, paragraph 27.
Reference Extent of repeal or revocation Road Traffic (NHS Charges) Act 1999 (c. 3) The whole Act. Road Traffic Act 1988 (c. 52) In section 145(6)— the words “or the Road Traffic (NHS Charges) Act 1999”, and in paragraph (b), the words “or section 1 of the Act of 1999”. In section 161(1), in the definition of “hospital”, paragraph (b). Tribunals and Inquiries Act 1992 (c. 53) In Part 2 of Schedule 1, paragraph 56(e). Community Care and Health (Scotland) Act 2002 (asp 5) Section 20(3).
Reference Extent of repeal or revocation National Health Service (Amendment) Act 1949 (c. 93) The whole Act. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 3, in paragraph 8(1), “the Dental Practice Board or”. Health Services and Public Health Act 1968 (c. 46) In section 59(2A), “section 28C of the 1977 Act,”. In section 63(2)(ba), “section 28C of the 1977 Act or”. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry relating to the Chairman or Vice-Chairman of the Dental Practice Board or member of that Board appointed at an annual salary. Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to the Dental Practice Board. Patents Act 1977 (c. 37) In section 56(4)(a)(ii), “section 28C of the 1977 Act,”. National Health Service Act 1977 (c. 49) In section 3(3), “medical, dental,”. Section 5(1A). In section 18A(3)(a), “general medical, general dental,”. In section 26(2)(a) and (4)(a), “general medical services, general dental services”. Section 28C(3) and (7). In section 28D(2), the definitions of “qualifying dental practitioner” and “qualifying medical practitioner”. Section 28DA. In section 28E— in subsection (2), paragraph (b) and the words following that paragraph; subsection (3)(f), (g), (j) and (k); subsections (5) to (8). Sections 28F to 28H. Sections 29 to 37. Section 43ZA(3)(a) and (b). In section 43C(3), in the definition of “Part II services” the words “general medical services, general dental services,”. In section 43D— in subsection (1), “general medical services, general dental services,”; subsection (10)(a) and (b). In section 44— subsections (ZA1) to (B1); subsection (3)(a) to (d); subsection (5). In section 45— subsection (1)(b); subsection (1ZA)(b) and the preceding “or”; in subsection (1A), “Strategic Health Authority”; in subsection (3), “general medical services, general dental services”; Section 49F(1)(a) and (c). In section 49H(1)(a), “or a dental corporation”. In section 52, “general medical services, general dental services,”. Section 53. Section 56(a) and (b). In section 72(5)(a), “, dental practitioners,”. In section 78— in the side-note, “dental or”; subsections (1A) and (2). Section 81(b). Section 82(b). Section 83(b). Section 85(1)(e). In section 98— subsection (1)(e) and the preceding “and”; in subsection (4), in paragraph (a), the words from “, other than” to the end, and paragraph (b). Section 99(1)(f) and the preceding “and”. Section 100(1)(e) and the preceding “and”. Section 102(1)(a)(iii) and (iv) and (2)(b) and (c). In section 103(1)(a), “or in accordance with section 28C arrangements”. In section 126(4), the words from “regulations made under section 32” to “or to”. In section 128(1)— the definitions of “dental corporation”, “medical list”, “personal dental services” and “personal medical services”; in the definition of “terms of service”, the words “general medical services, general dental services,”. In Schedule 1— in the title, “and their education in dental health”; in paragraph 1(a), “or dental” and “or for education in dental health”. In Schedule 7A, in paragraph 3(1)(g), the words from “or under” to “this Act”. In Schedule 12— in the heading preceding paragraph 2, “dental or”; in paragraph 2, sub-paragraphs (3) to (7) and, in sub-paragraph (8), the words from “and, in the case of” to the end; paragraph 3 and the preceding heading; paragraph 6. In Schedule 12A— paragraph 1(2)(d) and the preceding “or”; paragraph 2(2)(c) and the preceding “or”; paragraph 4(2)(b) and the preceding “or”; paragraph 5(2)(b) and the preceding “or”; paragraph 6A(2)(d) and the preceding “or”; paragraph 6B(2)(c) and the preceding “or”. National Health Service (Scotland) Act 1978 (c. 29) Section 17A(2)(g). Health Services Act 1980 (c. 53) In Schedule 5, paragraphs 2(3) and 4. Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Section 14(1). Section 15(a). In Schedule 6, paragraph 2. Medical Act 1983 (c. 54) In section 11(4), in the definition of “medical practice”— in paragraph (a), “Part II of the National Health Service Act 1977,”; in paragraph (b), “section 28C of the 1977 Act,”. In Schedule 5, paragraph 16(a). Dentists Act 1984 (c. 24) In section 40(2)(ab), “section 28C of the National Health Service Act 1977 or”. In Schedule 5, paragraph 8. Health and Social Security Act 1984 (c. 48) In Schedule 3, paragraph 5. Income and Corporation Taxes Act 1988 (c. 1) Section 519A(2)(f). Copyright, Designs and Patents Act 1988 (c. 48) Section 240(4)(b)(i). Health and Medicines Act 1988 (c. 49) In section 2(1)(a)— in sub-paragraph (i), “Part II of the National Health Service Act 1977 or”; in sub-paragraph (ii), “section 28C of the 1977 Act or”. In section 8(1)— in paragraph (a), “section 29 of the National Health Service Act 1977 or”; in paragraph (b), “section 36 of the National Health Service Act 1977 or”. In section 12(1)— “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”; in paragraph (a), “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”; in paragraph (b), “the Dental Estimates Board or” and “the Dental Practice Board and”. Section 12(2) and (3)(a). In section 17(1), “29, 36”. In Schedule 2, paragraphs 4 to 6, 7(1) and (2) and 8(2) and (3). National Health Service and Community Care Act 1990 (c. 19) In section 4(2)(g), “the Dental Practice Board or”. Section 18(7). Sections 23 and 24. Section 60(7)(f). Access to Health Records Act 1990 (c. 23) In section 7— in subsection (2), the words from “(other” to “section 1(2)(a) above” subsection (3). In section 11, the definition of “general practitioner”. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) In section 279(a), “28C, 29, 35”. Health Service Commissioners Act 1993 (c. 46) Section 2(1)(f). In section 6(5), “29, 36”. Health Authorities Act 1995 (c. 17) In Schedule 1, paragraphs 18 to 26. Medical (Professional Performance) Act 1995 (c. 51) In the Schedule, paragraph 28. Employment Rights Act 1996 (c. 18) In section 43K(1)(c)(i), “29, 35”. Section 218(10)(d). National Health Service (Primary Care) Act 1997 (c. 46) Part 1. Section 23(1). Section 24(1). Section 25(1). Section 32. Section 40(1) and (3). Schedule 1. In Schedule 2, paragraphs 6, 8 to 12, 16 to 19, 24, 25, 71 to 73, 80 and 81. Health Act 1999 (c. 8) Section 6(1). Section 9(2) and (3). In section 10(1)— in the section 43A inserted into the National Health Service Act 1977, in subsection (1), “general medical services, general dental services,”; in the section 43B so inserted, in subsection (6), the words from “Subject to” to “35(2) above,”. Section 11(2). Section 39(2) and (3). In section 61(2), the words from “, or Part 1” to “1997,”. In Schedule 3, paragraph 11(3). In Schedule 4— in paragraph 2, “section 29(4) of the 1977 Act and”; paragraphs 17 and 88. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) In Schedule 1, in the entry for the National Health Service Act 1977, paragraphs (c) and (e). Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 3— paragraph 42; in paragraph 44, “general medical services, general dental services,”; paragraph 45. Health and Social Care Act 2001 (c. 15) Section 15. Sections 17 and 18. Section 20(2) to (4). Section 22. Section 23(2) and (3). Section 26. Section 27(5). In section 41(1)— in paragraph (a), “(provision of personal medical or dental services)”; paragraph (b) and the preceding “or”. In Schedule 5, paragraphs 5(4) to (7), 11(2) and (3) and 12(2). National Health Service Reform and Health Care Professions Act 2002 (c. 17) Section 4(1). Section 5(2), (3) and (6). In section 17(1)(g), the words from “or under” to “that Act”. In Schedule 1, paragraph 17. In Schedule 2, paragraphs 3 to 10 and 72. In Schedule 3, paragraphs 2 to 6, 10 and 15 to 17. In Schedule 8, paragraph 2. Note: The repeals in this Part of this Schedule to the following enactments extend to England and Wales only— the National Health Service (Amendment) Act 1949 (c. 93); the Access to Health Records Act 1990 (c. 23); the National Health Service (Primary Care) Act 1997 (c. 46) and enactments amending that Act.
Reference Extent of repeal or revocation Social Security Act 1988 (c. 7) Section 15A(3).
Reference Extent of repeal or revocation National Health Service and Community Care Act 1990 (c. 19) In Schedule 3, in paragraph 1(6), the words “, with the consent of the Treasury,”.
Reference Extent of repeal or revocation Parliamentary Commissioner Act 1967 (c. 13) In Schedule 3, in paragraph 8(1) the words “or by the Public Health Laboratory Service Board”. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry relating to the Chairman of the Public Health Laboratory Service Board. Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to the Public Health Laboratory Service Board. National Health Service Act 1977 (c. 49) Section 5(4) and (5). In section 127(c) the words “(except the Public Health Laboratory Service Board)”. Schedule 3. Public Health Laboratory Service Act 1979 (c. 23) Sections 1(3) and (4) and 2. Income and Corporation Taxes Act 1988 (c. 1) Section 519A(2)(h). National Health Service and Community Care Act 1990 (c. 19) Section 4(2)(h). In section 21(2), paragraph (c) and the preceding “and”. In section 60(7), paragraph (h) and the preceding “and”. Health Service Commissioners Act 1993 (c. 46) In section 2(1), paragraph (g) and the preceding “and”. Employment Rights Act 1996 (c. 18) In section 218(10), paragraph (e) and the preceding “and”. Government of Wales Act 1998 (c. 38) In Schedule 5, paragraph 39. Freedom of Information Act 2000 (c. 36) In Schedule 1, paragraph 43. International Development Act 2002 (c. 1) In Schedule 1 the words “Public Health Laboratory Service Board”. Nationality, Immigration and Asylum Act 2002 (c. 41) In section 133(4)— in paragraph (a), sub-paragraph (v) and the preceding “or”; in paragraph (b), sub-paragraph (iii) and the preceding “or”.