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Health and Social Care (Community Health and Standards) Act 2003, Section 148 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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In this Part—
F1...
F2...
“cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
F3...
“English local authority social service” means—
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;
a service which—
is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) [F4or section 1 of the Localism Act 2011]; and
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
[F5but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006].
“English NHS body” means—
F10...
“health care” has the meaning given by section 45(2);
“local authority”[F11 —
in relation to England,] has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
[F12in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014]
F13...
“NHS body” means—
an English NHS body;
a Welsh NHS body;
a cross-border SHA;
“NHS trust” has the same meaning as in [F14the 2006 Act];
“personal records” includes medical records;
“prescribed” means prescribed by regulations made by—
the Secretary of State;
in the case of sections 63, 75 and 101, the Assembly;
“regulator” means the Independent Regulator of NHS Foundation Trusts;
[F15“social services functions” in relation to —
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
functions prescribed by regulations under section 135(1)(f) of that Act;
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;]
“ Welsh local authority social service ” means—
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;
a service which—
is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;
“ Welsh NHS body ” means—
a Local Health Board;
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
a Special Health Authority performing functions only or mainly in respect of Wales.
Textual Amendments
F1Words in s. 148 omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 57; S.I. 2015/841, art. 3(x)
F2Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36
F3Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36
F4Words in s. 148 inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 6
F5Words in s. 148 added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 93(2); S.I. 2007/935, art. 5(gg)
F6Words in s. 148 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 121(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 148 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 121(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in s. 148 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9Words in s. 148 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F10Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(c), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36
F11Words in s. 148 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(a)(i)
F12Words in s. 148 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(a)(ii)
F13Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(d), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36
F14Words in s. 148 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 246 (with Sch. 3 Pt. 1)
F15Words in s. 148 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(b)
Commencement Information
I1S. 148 partly in force; s. 148 in force at Royal Assent for certain purposes, see s. 199(1)(4)
I2S. 148 in force at 1.1.2004 by S.I. 2003/3346, art. 4
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