Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Part 1E+WNHS foundation trusts

IntroductoryE+W

F11NHS foundation trustsE+W

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Textual Amendments

F1Ss. 1-32 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6) of the amending Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F12Independent Regulator of NHS Foundation TrustsE+W

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Textual Amendments

F13General duty of regulatorE+W

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Textual Amendments

AuthorisationE+W

F14Applications by NHS trustsE+W

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Textual Amendments

F15Other applicationsE+W

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Textual Amendments

F16Authorisation of NHS foundation trustsE+W

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Textual Amendments

F17Effect of authorisationE+W

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Textual Amendments

F18Amendments of constitutionE+W

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Textual Amendments

F19Variation of authorisationE+W

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Textual Amendments

F110Register of NHS foundation trustsE+W

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Textual Amendments

Financial mattersE+W

F111Power of Secretary of State to give financial assistanceE+W

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Textual Amendments

F112Prudential borrowing codeE+W

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Textual Amendments

F113Public dividend capitalE+W

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Textual Amendments

FunctionsE+W

F114Authorised servicesE+W

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Textual Amendments

F115Private health careE+W

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Textual Amendments

F116Protection of propertyE+W

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Textual Amendments

F117Financial powersE+W

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Textual Amendments

F118General powersE+W

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Textual Amendments

F119InformationE+W

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Textual Amendments

F120Entry and inspection of premisesE+W

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Textual Amendments

Prospective

F121FeesE+W

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Textual Amendments

F122Trust funds and trusteesE+W

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Textual Amendments

FailureE+W

F123Failing NHS foundation trustsE+W

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Textual Amendments

F124Voluntary arrangementsE+W

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Textual Amendments

F125Dissolution etc.E+W

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Textual Amendments

F126Sections 24 and 25: supplementaryE+W

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Textual Amendments

MergersE+W

F127MergersE+W

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Textual Amendments

F128Section 27: supplementaryE+W

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Textual Amendments

Co-operationE+W

F129Co-operation between NHS bodiesE+W

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Textual Amendments

Patient and public involvementE+W

F130Public involvement and consultationE+W

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Textual Amendments

F131Patients' ForumsE+W

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Textual Amendments

F132Commission for Patient and Public Involvement in HealthE+W

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Textual Amendments

MiscellaneousE+W

33TaxationE+W

(1)In section 519A of the Income and Corporation Taxes Act 1988 (c. 1) (taxation of health service bodies), in subsection (2), after paragraph (b) there is inserted—

“(bb)an NHS foundation trust”.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)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 ”.

Textual Amendments

F2S. 33(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Commencement Information

I1S. 33 in force at 1.4.2004 by S.I. 2004/759, art. 2

34Other amendments relating to NHS foundation trustsE+W

Schedule 4 (which makes amendments relating to NHS foundation trusts) has effect.

Commencement Information

I2S. 34 in force at 1.4.2004 by S.I. 2004/759, art. 2

F335Conduct of electionsE+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F336OffenceE+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F337Representative membershipE+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F338AuditE+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F339General duty of NHS foundation trustsE+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

SupplementaryE+W

F340Interpretation of Part 1E+W

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Textual Amendments

F3Ss. 35-40 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Part 2 U.K.Standards

Chapter 1E+WRegulatory bodies

41The Commission for Healthcare Audit and InspectionE+W

(1)There is to be a body corporate known as the Commission for Healthcare Audit and Inspection (in this Part referred to as the CHAI).

(2)Schedule 6 (which makes further provision about the CHAI) has effect.

Commencement Information

I3S. 41 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

42The Commission for Social Care InspectionE+W

(1)There is to be a body corporate known as the Commission for Social Care Inspection (in this Part referred to as the CSCI).

(2)Schedule 7 (which makes further provision about the CSCI) has effect.

Commencement Information

I4S. 42 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

43Transfer of property etc to CHAI and CSCIE+W

Schedule 8 (which makes provision for the transfer of property, rights and liabilities to the CHAI and the CSCI) has effect.

Commencement Information

I5S. 43 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

44Abolition of former regulatory bodiesE+W

(1)The Commission for Health Improvement is abolished.

(2)The National Care Standards Commission is abolished.

Commencement Information

I6S. 44 in force at 1.4.2004 by S.I. 2004/759, art. 6

Chapter 2E+WNHS health care: introductory

45Quality in health careE+W

(1)It is the duty of each NHS body to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care provided by and for that body.

(2)In this Part “health care” means—

(a)services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and

(b)the promotion and protection of public health.

(3)In subsection (2)(a), “illness” has the meaning given by [F4section 275 of the 2006 Act].

Textual Amendments

F4Words in s. 45(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 241 (with Sch. 3 Pt. 1)

Modifications etc. (not altering text)

C1S. 45 applied (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 10(2), 12(1); S.I. 2005/121, art. 2(2)

Commencement Information

I7S. 45 in force at 1.4.2004 by S.I. 2004/759, art. 9

46Standards set by Secretary of StateE+W

(1)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.

(2)The Secretary of State must keep the standards under review and may publish amended statements whenever he considers it appropriate.

(3)The Secretary of State must consult such persons as he considers appropriate—

(a)before publishing a statement under this section;

(b)before publishing an amended statement under this section which in the opinion of the Secretary of State effects a substantial change in the standards.

(4)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.

Commencement Information

I8S. 46 in force at 1.4.2004 by S.I. 2004/759, art. 9

47Standards set by AssemblyE+W

(1)The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.

(2)The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate.

(3)The Assembly must consult such persons as it considers appropriate—

(a)before publishing a statement under this section;

(b)before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards.

(4)The standards set out in statements under this section are to be taken into account by every Welsh NHS body in discharging its duty under section 45.

Commencement Information

I9S. 47 in force at 1.4.2004 by S.I. 2004/873, art. 2(a)

[F547ACode of practice relating to health care associated infectionsE+W

(1)The Secretary of State may issue a code of practice—

(a)applying to bodies within subsection (2), and

(b)relating to the prevention and control of health care associated infections in connection with health care provided by or for those bodies.

(2)The bodies within this subsection are—

(a)English NHS bodies other than Strategic Health Authorities; and

(b)cross-border SHAs.

(3)The code may provide for provisions of the code to apply to—

(a)such description or descriptions of bodies within subsection (2) as may be specified in the code;

(b)such body or bodies within that subsection as may be so specified.

(4)The code may in particular—

(a)make such provision as the Secretary of State considers appropriate for the purpose of safeguarding individuals (whether receiving health care or otherwise) from the risk, or any increased risk, of being exposed to health care associated infections or of being made susceptible, or more susceptible, to them;

(b)contain provisions imposing on bodies to which the provisions apply requirements in relation to health care provided for such bodies by other persons as well as in relation to health care provided by such bodies.

(5)The code may—

(a)operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);

(b)provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;

(c)make different provision for different cases or circumstances.

(6)Nothing in subsections (3) to (5) is to be read as prejudicing the generality of subsection (1).

(7)The Secretary of State must keep the code under review and may from time to time—

(a)revise the whole or any part of the code, and

(b)issue a revised code.

(8)In this section “health care associated infection” means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where—

(a)health care is being, or has been, provided to that or any other individual, and

(b)the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of the health care.

(9)But subsection (8) does not include an infection to which the individual is deliberately exposed as part of any health care.

(10)Any reference in this Part to a code of practice issued under this section includes a revised code issued under it.

Textual Amendments

F5Ss. 47A-47C inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 14, 83(7); S.I. 2006/2603, art. 2

47BConsultation etc.E+W

(1)Where the Secretary of State proposes to issue a code of practice under section 47A, he must—

(a)prepare a draft of the code, and

(b)consult such persons as he considers appropriate about the draft.

(2)Where the Secretary of State proposes to issue a revised code under section 47A which in his opinion would result in a substantial change in the code, he must—

(a)prepare a draft of the revised code, and

(b)consult such persons as he considers appropriate about the change.

(3)Where, following consultation under subsection (1) or (2), the Secretary of State issues the code or revised code (whether in the form of the draft or with such modifications as he thinks fit), it comes into force at the time when it is issued by the Secretary of State.

(4)Where—

(a)any document by reference to whose provisions the code operates as mentioned in section 47A(5)(a) and (b) is a document published by the Secretary of State in connection with his functions relating to health,

(b)the Secretary of State proposes to revise the document, and

(c)in the opinion of the Secretary of State, the revision would result in a substantial change in the code,

the Secretary of State must, before revising the document, consult such persons as he considers appropriate about the change.

(5)Where—

(a)any document by reference to whose provisions the code operates as mentioned in section 47A(5)(a) and (b) is not one to which subsection (4)(a) above applies,

(b)the document is revised, and

(c)in the opinion of the Secretary of State, the revision results in a substantial change in the code,

the Secretary of State must consult such persons as he considers appropriate about whether the code should be revised in connection with the change.

(6)Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.

Textual Amendments

F5Ss. 47A-47C inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 14, 83(7); S.I. 2006/2603, art. 2

47CEffect of code under section 47AE+W

(1)Where any provisions of a code of practice issued under section 47A apply to an NHS body, the body must observe those provisions in discharging its duty under section 45.

(2)A failure to observe any provision of a code of practice issued under section 47A does not of itself make a person liable to any criminal or civil proceedings.

(3)A code of practice issued under section 47A is admissible in evidence in any criminal or civil proceedings.]

Textual Amendments

F5Ss. 47A-47C inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 14, 83(7); S.I. 2006/2603, art. 2

Chapter 3E+WNHS health care: functions of CHAI

Healthcare provided by and for NHS bodiesE+W

48IntroductoryE+W

(1)The CHAI has the general function of encouraging improvement in the provision of health care by and for NHS bodies.

(2)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—

(a)the availability of, and access to, the health care;

(b)the quality and effectiveness of the health care;

(c)the economy and efficiency of the provision of the health care;

(d)the availability and quality of information provided to the public about the health care;

(e)the need to safeguard and promote the rights and welfare of children; and

(f)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.

Commencement Information

I10S. 48 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

49National performance dataE+W

The CHAI has the function of publishing data relating to the provision of health care by and for NHS bodies.

Commencement Information

I11S. 49 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

50Annual reviewsE+W

(1)In each financial year the CHAI must conduct a review of the provision of health care by and for—

(a)each English NHS body, and

(b)each cross-border SHA,

and must award a performance rating to each such body.

(2)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.

(3)The CHAI must publish the criteria devised and approved from time to time under subsection (2).

[F6(4) In exercising its functions under this section in relation to any health care, the CHAI must take into account—

(a)the standards set out in statements published under section 46, and

(b)any code of practice issued under section 47A.

(4A) In conducting a review under subsection (1) in relation to a particular body to which provisions of such a code apply, the CHAI must accordingly consider (among other things) the extent, if any, to which those provisions are being observed by the body. ]

(5)For the purposes of this section the CHAI may, subject to this Part, conduct an inspection of—

(a)the body being reviewed; and

(b)any person who provides, or is to provide, health care for that body (wherever the health care is or is to be provided).

(6)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.

Textual Amendments

F6S. 50(4)(4A) substituted for s. 50(4) (1.10.2006) by Health Act 2006 (c. 28), ss. 15(2), 83(7); S.I. 2006/2603, art. 2

Commencement Information

I12S. 50 partly in force; s. 50 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I13S. 50(1) in force for specified purposes at 1.4.2004, 1.4.2006, 1.4.2007 and 1.4.2008 by S.I. 2004/759, art. 3(1), art. 3(3)-(6) (as amended (20.3.2006) by S.I. 2006/836, art. 2 and (29.3.2007) by S.I. 2007/1102, art. 2)

I14S. 50(2)(3) in force at 1.4.2005 by S.I. 2004/759, art. 3(2)

I15S. 50(4) in force at 1.4.2006 by S.I. 2004/759, art. 3(3)(b) (as subsituted (20.3.2006) by S.I. 2006/836, art. 2)

I16S. 50(5) in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

51Reviews: England and WalesE+W

(1)The CHAI has the function of conducting reviews of—

(a)the overall provision of health care by and for NHS bodies;

(b)the overall provision of particular kinds of health care by and for NHS bodies;

(c)the provision of health care, or a particular kind of health care, by and for NHS bodies of a particular description.

(2)If the Secretary of State so requests, the CHAI must conduct—

(a)a review under subsection (1)(a);

(b)a review under subsection (1)(b) of the overall provision of a kind of health care specified in the request; or

(c)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.

(3)The Secretary of State must consult the Assembly before making a request under subsection (2).

(4)In conducting a review under this section in relation to any health care the CHAI must take into account—

(a)the standards set out in statements published under section 46[F7and any code of practice issued under section 47A], where the health care is provided by or for an English NHS body or cross-border SHA;

(b)the standards set out in statements published under section 47, where the health care is provided by or for a Welsh NHS body.

(5)For the purposes of this section the CHAI may carry out an inspection of—

(a)any NHS body; and

(b)any person who provides, or is to provide, health care for an NHS body (wherever the health care is or is to be provided).

(6)Where the CHAI conducts a review under this section it must publish a report.

(7)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.

Textual Amendments

F7Words in s. 51(4)(a) inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 15(3), 83(7); S.I. 2006/2603, art. 2

Modifications etc. (not altering text)

C2S. 51(4) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 7(2)

Commencement Information

I17S. 51 partly in force; s. 51 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I18S. 51(1)-(3)(5)(6) in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I19S. 51(4) in force at 1.4.2005 by S.I. 2004/759, art. 3(2)

52Reviews and investigations: EnglandE+W

(1)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.

(2)The CHAI may in particular under this section conduct—

(a)a review of the overall provision of health care by and for English NHS bodies and cross-border SHAs;

(b)a review of the overall provision of a particular kind of health care by and for English NHS bodies and cross-border SHAs;

(c)a review of, or investigation into, the provision of any health care by or for a particular English NHS body or cross-border SHA.

[F8(3)The CHAI has the function of conducting reviews of—

(a)the arrangements made by English NHS bodies and cross-border SHAs for the purpose of discharging their duty under section 45;

(b)the arrangements made by particular bodies within paragraph (a) for the purpose of discharging that duty.]

(4)If the Secretary of State so requests, the CHAI must conduct—

(a)a review under subsection (2)(a);

(b)a review under subsection (2)(b) of the overall provision of a kind of health care specified in the request;

(c)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.

[F9(5)In exercising its functions under this section in relation to any health care, the CHAI must take into account—

(a)the standards set out in statements published under section 46, and

(b)any code of practice issued under section 47A.

(5A)In conducting a review under subsection (3) in relation to a particular body to which provisions of such a code apply, the CHAI must accordingly consider (among other things) the extent, if any, to which those provisions are being observed by the body.]

(6)For the purposes of this section the CHAI may carry out an inspection of—

(a)any English NHS body or cross-border SHA; and

(b)any person who provides, or is to provide, health care for such a body (wherever the health care is or is to be provided).

(7)Where the CHAI conducts a review or investigation under this section it must publish a report.

(8)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.

(9)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.

(10)Regulations under subsection (9) may make provision—

(a)as to the matters with which a statement under the regulations must deal;

(b)as to the time by which any such statement must be published;

(c)requiring an NHS body, before publishing any such statement, to obtain the consent of any person specified in the regulations;

(d)requiring the NHS body publishing any such statement to send a copy of it to any person so specified.

Textual Amendments

F8S. 52(3) substituted (1.10.2006) by Health Act 2006 (c. 28), ss. 15(4), 83(7); S.I. 2006/2603, art. 2

F9S. 52(5)(5A) substituted for s. 52(5) (1.10.2006) by Health Act 2006 (c. 28), ss. 15(5), 83(7); S.I. 2006/2603, art. 2

Commencement Information

I20S. 52 partly in force; s. 52 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I21S. 52(1)-(4)(6)(7) in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

53FailingsE+W

(1)This section applies where the CHAI conducts—

(a)a review under section 50 or 51; or

(b)a review or investigation under section 52.

(2)The CHAI must make a report to the Secretary of State if it is of the view that—

(a)there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;

(b)there are significant failings in the running of an English NHS body or cross-border SHA; or

(c)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.

(3)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—

(a)in a case falling within paragraph (a) or (b) of subsection (2), the English NHS body or cross-border SHA in question;

(b)in a case falling within paragraph (c) of that subsection, any person, other than a Welsh NHS body, referred to in that paragraph.

(4)The CHAI must also report to the Assembly where it is of the view that—

(a)there are significant failings in relation to the provision of health care by or for a Welsh NHS body;

(b)there are significant failings in the running of a Welsh NHS body; or

(c)there are significant failings in the running of any body, or the practice of any individual, providing health care for a Welsh NHS body.

(5)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—

(a)in a case falling within paragraph (a) or (b) of subsection (4), the Welsh NHS body in question; and

(b)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.

(6)The CHAI must also make a report to the regulator where it is of the view that—

(a)there are significant failings in relation to the provision of health care by or for an NHS foundation trust;

(b)there are significant failings in the running of an NHS foundation trust; or

(c)there are significant failings in the running of any body, or the practice of any individual, providing health care for an NHS foundation trust.

(7)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.

(8)A report under this section must give the CHAI’s reasons for its view and for any recommendation made.

(9)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.

Modifications etc. (not altering text)

C3S. 53 explained (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 10(4), 12(1); S.I. 2005/121, art. 2(2)

Commencement Information

I22S. 53 partly in force; s. 53 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I23S. 53 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 3(1)

[F1053AFailings in connection with code under section 47A: improvement noticesE+W

(1)This section applies where, following such a review or investigation as is mentioned in section 53(1), the CHAI—

(a)is of the view that any provisions of a code of practice issued under section 47A and applying to an English NHS body or a cross-border SHA are not being observed in any material respect in relation to the provision of health care by or for the body, but

(b)having regard to all the circumstances, is not of the view that it is required to make a report under section 53(2) (or, if relevant, section 53(6)).

(2)The CHAI may serve a notice under this section (an “improvement notice”) on the body in respect of the failure to observe the code, if it considers that serving the notice is the most appropriate course of action for it to take with a view to securing that the failure is remedied.

(3)An improvement notice must—

(a)state that the CHAI has formed the view mentioned in subsection (1)(a) in relation to the provision of health care by or for the body, giving particulars of the material respect in which the CHAI considers that the provisions of the code are not being observed as mentioned in that subsection,

(b)state the CHAI's reasons for its view, and

(c)require the body to remedy the failure to observe the code, and to do so within such period as is specified in the notice.

(4)An improvement notice may (but need not) include a recommendation by the CHAI as to the way in which the failure should be remedied.

(5)An improvement notice may relate to more than one failure within subsection (1)(a), and in such a case—

(a)subsections (2) to (4) and section 53B apply separately in relation to each such failure, but

(b)any report required by that section may relate to more than one such failure.

(6)Where the CHAI serves an improvement notice on a body under this section, the CHAI must notify the Secretary of State and—

(a)the regulator, if the body is an NHS foundation trust, and

(b)any relevant Strategic Health Authority, if the body is a Primary Care Trust or an NHS trust.

(7)In this section and section 53B “relevant Strategic Health Authority” means—

(a)in relation to a Primary Care Trust, any Strategic Health Authority whose area includes any part of the Trust's area;

(b)in relation to an NHS Trust (other than one responsible for providing ambulance services), the Strategic Health Authority in whose area all or most of the Trust's hospitals, establishments or facilities are situated;

(c)in relation to an NHS Trust responsible for providing ambulance services, the Strategic Health Authority in whose area the headquarters establishment responsible for the control of those services is situated.

(8)Subsection (9) applies where—

(a)an improvement notice is served on a body in respect of a particular failure to observe a code of practice issued under section 47A, and

(b)a review under section 52(3)(b) is conducted by the CHAI in pursuance of section 53B(4)(a) with a view to assessing the body's compliance with the notice.

(9)In such a case subsection (1)—

(a)does not apply in relation to that review so as to enable the CHAI to serve a further improvement notice on that body in respect of that failure; but

(b)does apply in relation to that review so as to enable the CHAI (if the conditions in subsections (1) and (2) are satisfied) to serve an improvement notice on that body in respect of a different failure to observe the code.

Textual Amendments

F10Ss. 53A, 53B inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 16, 83(7); S.I. 2006/2603, art. 2

53BCode of practice: action by CHAI following service of improvement noticeE+W

(1)This section applies where the CHAI has served an improvement notice on a body under section 53A.

(2)If, before the end of the specified period—

(a)the body requests the CHAI to extend that period, and

(b)the CHAI considers that there are exceptional circumstances which justify its extending that period by a further period of time,

the CHAI may, by a notice served on the body, extend the specified period by that further period.

(3)In this section “the specified period” means—

(a)the period specified under section 53A(3)(c), or

(b)if that period has been extended under subsection (2) above, that period as so extended.

(4)Where the specified period has ended or the body notifies the CHAI before the end of that period that it has complied with the improvement notice, the CHAI must—

(a)conduct a review under section 52(3)(b) with a view to assessing the body's compliance with the notice, and

(b)then comply with subsection (5) or (6);

and the making of any report in accordance with subsection (5) or (6) is to be taken as satisfying the requirement to publish a report under section 52(7) in respect of the review.

(5)If the CHAI—

(a)remains of the view that the relevant provisions of the code are not being observed in any material respect in relation to the provision of health care by or for the body, and

(b)having regard to all the circumstances, is of the view that it is required to make a report under section 53(2) (and, if relevant, section 53(6)),

the CHAI must accordingly make a report under that provision (or, as the case may be, under each of those provisions).

(6)If the CHAI does not make any such report or reports, it must instead make a report—

(a)to the Secretary of State, and

(b)(if the body is an NHS foundation trust) to the regulator,

setting out the matters mentioned in subsection (7) or (8).

(7)If the CHAI is of the view that the relevant provisions of the code are being observed in relation to the provision of health care by or for the body, the matters are—

(a)that the CHAI is of that view, and

(b)its reasons for that view.

(8)If the CHAI is of the view that the relevant provisions of the code are not being so observed in any respect (material or otherwise), the matters are—

(a)that the CHAI is of that view,

(b)its reasons for that view,

(c)if its view is that those provisions are not being observed in any material respect, its reasons for not forming the view mentioned in subsection (5)(b), and

(d)(whether or not paragraph (c) applies) any action which it proposes to take in relation to the body in connection with the failure to observe the code.

(9)The CHAI must send a copy of any report made by it in accordance with subsection (5) or (6) in relation to a Primary Care Trust or an NHS trust to the relevant Strategic Health Authority.

(10)In this section “the relevant provisions of the code” means the provisions of the code in relation to which the CHAI formed the view mentioned in section 53A(1)(a).]

Textual Amendments

F10Ss. 53A, 53B inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 16, 83(7); S.I. 2006/2603, art. 2

54Functions relating to Secretary of State and AssemblyE+W

(1)The CHAI is to keep the appropriate authority informed about the provision of health care by and for any NHS body.

(2)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[F11, or any code of practice issued under section 47A,] for the purpose of securing improvement in the quality of the health care).

(3)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.

(4)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.

(5)In this section, the “appropriate authority” means—

(a)the Secretary of State, in relation to the provision of health care by or for an English NHS body or cross-border SHA; or

(b)the Assembly, in relation to the provision of health care by or for a Welsh NHS body.

Textual Amendments

F11Words in s. 54(2) inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 15(6), 83(7); S.I. 2006/2603, art. 2

Commencement Information

I24S. 54 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

55Reviews of dataE+W

(1)The CHAI may review—

(a)the quality of data obtained by others in relation to the provision of health care by and for NHS bodies;

(b)the methods used in the collection and analysis of such data; and

(c)the validity of conclusions drawn from such data.

(2)Where the CHAI conducts a review under this section it must publish a report.

Commencement Information

I25S. 55 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

56Co-ordination of reviewsE+W

The CHAI has the function of promoting the effective co-ordination of reviews or assessments carried out by public bodies or other persons in relation to the provision of health care by or for English NHS bodies and cross-border SHAs.

Commencement Information

I26S. 56 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

Other functionsE+W

57Studies as to economy, efficiency etcE+W

(1)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).

(2)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.

(3)For the purposes of this section the CHAI may carry out an inspection of—

(a)any English NHS body other than a Special Health Authority;

(b)any person exercising the functions of such a body.

(4)The CHAI must publish its recommendations and the result of any studies under this section.

(5)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.

(6)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.

(7)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.

Modifications etc. (not altering text)

C4S. 57 excluded (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 10(5), 12(1); S.I. 2005/121, art. 2(2)

Commencement Information

I27S. 57 partly in force; s. 57 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I28S. 57 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 3(1)

58Additional functionsE+W

(1)The Secretary of State may by regulations provide that the CHAI is to have such additional functions as may be prescribed in relation to—

(a)the provision of health care by or for NHS bodies;

(b)the improvement of—

(i)economy, efficiency and effectiveness in the exercise of the functions of English NHS bodies; and

(ii)the financial or other management, or operations, of English NHS bodies.

(2)The Secretary of State must consult the regulator before making provision under subsection (1) in relation to NHS foundation trusts.

(3)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.

Commencement Information

I29S. 58 partly in force; s. 58 in force at Royal Assent for certain purposes, see s. 199(1)(4)

SupplementaryE+W

59CriteriaE+W

(1)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—

(a)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;

(b)the exercise of any of its functions under section 52, 56, 57 or 58(1)(b).

(2)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.

(3)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—

(a)subsection (1)(a);

(b)subsection (1)(b);

(c)subsection (2).

(4)Regulations under this section may require the CHAI—

(a)to consult any person specified in the regulations before publishing a statement under subsection (1) or (2);

(b)to obtain the consent of the Secretary of State before publishing a statement under subsection (1);

(c)to obtain the consent of the Assembly before publishing a statement under subsection (2).

Commencement Information

I30S. 59 partly in force; s. 59 in force at Royal Assent for certain purposes, see s. 199(1)(4)

60Provision of materialE+W

(1)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.

[F12(1A) The CHAI must also, on request, provide the Auditor General for Wales with all material which is relevant to a review under section 51 and to one or more Welsh NHS bodies. ]

(2)The CHAI must, on request, provide the regulator with—

(a)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;

(b)any material which is relevant to a study under section 57 and relates to an NHS foundation trust.

Textual Amendments

F12S. 60(1A) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 58; S.I. 2005/558, art. 2, Sch. 1

Commencement Information

I31S. 60 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

61Co-operation between CHAI and the regulatorE+W

(1)The CHAI and the regulator must co-operate with each other in the exercise of their respective functions under Part 1 and this Chapter.

(2)In particular, for the purposes of subsection (1)—

(a)the CHAI must keep the regulator informed about the provision of health care by and for NHS foundation trusts;

(b)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.

Commencement Information

I32S. 61 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

62FeesE+W

(1)The CHAI may from time to time make and publish provision—

(a)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;

(b)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.

(2)The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay a fee.

(3)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.

(4)Provision under subsection (1) may include provision—

(a)for different fees to be paid in different cases, or classes of case;

(b)for different fees to be paid by persons of different descriptions;

(c)for the amount of a fee to be determined by the CHAI in accordance with specified factors;

(d)for the time by which a fee must be paid.

(5)Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.

(6)The Secretary of State may by regulations make provision as to—

(a)the manner in which provision under subsection (1) is to be made and published;

(b)the matters to be taken into account by the CHAI before making the provision.

(7)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.

(8)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.

(9)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Commencement Information

I33S. 62 partly in force; s. 62 in force at Royal Assent for certain purposes, see s. 199(1)(4)

63Fees: WalesE+W

(1)The CHAI may from time to time make and publish provision—

(a)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;

(b)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.

(2)The CHAI may not under subsection (1)(b) require an English NHS body or cross-border SHA to pay a fee.

(3)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.

(4)Provision under subsection (1) may include provision—

(a)for different fees to be paid in different cases, or classes of case;

(b)for different fees to be paid by persons of different descriptions;

(c)for the amount of a fee to be determined by the CHAI in accordance with specified factors;

(d)for the time by which a fee must be paid.

(5)Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.

(6)The Assembly may by regulations make provision as to—

(a)the manner in which provision under subsection (1) is to be made and published;

(b)the matters to be taken into account by the CHAI before making the provision.

(7)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.

(8)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.

(9)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Commencement Information

I34S. 63 partly in force; s. 63 in force at Royal Assent for certain purposes, see s. 199(1)(4)

64Reports and informationE+W

(1)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.

(2)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.

(3)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.

Commencement Information

I35S. 64 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

65Co-operation between CHAI and the Audit CommissionE+W

The CHAI and the Audit Commission must co-operate with each other in relation to matters in respect of which both have functions.

Commencement Information

I36S. 65 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

66Right of entryE+W

(1)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—

(a)any premises owned or controlled by an NHS body;

(b)any other premises used, or proposed to be used, for any purpose connected with—

(i)the provision of health care by or for an NHS body, or

(ii)the discharge of any of the functions of an NHS body.

(2)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.

Modifications etc. (not altering text)

C5S. 66 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 7(3)

Commencement Information

I37S. 66 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

67Right of entry: supplementaryE+W

(1)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—

(a)inspect, take copies of and remove from the premises any documents or records (including personal records);

(b)inspect any other item and remove it from the premises;

(c)interview in private—

(i)any person working at the premises;

(ii)any person receiving health care there who consents to be interviewed; and

(d)make any other examination into the state and management of the premises and treatment of persons receiving health care there.

(2)The power in subsection (1)(a) includes—

(a)power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b)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.

(3)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.

(4)A person authorised by virtue of section 66 to enter and inspect any premises may—

(a)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

(b)take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5)Any person who without reasonable excuse—

(a)obstructs the exercise of any power conferred by section 66 or this section, or

(b)fails to comply with any requirement of section 66 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C6S. 67 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 7(3)

Commencement Information

I38S. 67 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

68Power to require documents and information etcE+W

(1)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—

(a)which relates or relate to—

(i)the provision of health care by or for an NHS body, or

(ii)the discharge of any of the functions of an NHS body; and

(b)which the CHAI considers it necessary or expedient to have for the purposes of this Chapter.

(2)The persons referred to in subsection (1) are—

(a)the NHS body;

(b)any person providing health care for, or exercising functions of, the NHS body;

(c)a local authority.

(3)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.

(4)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.

Commencement Information

I39S. 68 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

69Power to require explanationE+W

(1)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—

(a)any documents, records or items inspected, copied or provided under sections 66 to 68,

(b)any information provided under those sections, or

(c)any matters which are the subject of the exercise of any functions of the CHAI under this Chapter,

in circumstances where the CHAI considers the explanation necessary or expedient for the purposes of this Chapter.

(2)Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the CHAI.

(3)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.

Commencement Information

I40S. 69 partly in force; s. 69 in force at Royal Assent for certain purposes, see s. 199(1)(4)

[F1369AProvision of information by Auditor General for WalesE+W

The Auditor General for Wales must, on request, provide the CHAI with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under sections 51, 52 and 57, between English NHS bodies and Welsh NHS bodies.]

Textual Amendments

F13S. 69A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 59; S.I. 2005/558, art. 2, Sch. 1

Chapter 4E+WNHS health care: functions of National Assembly for Wales

Reviews and investigationsE+W

70Reviews and investigations relating to WalesE+W

(1)The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.

(2)The Assembly may in particular under this section conduct—

(a)a review of the overall provision of health care by and for Welsh NHS bodies;

(b)a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;

(c)a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.

(3)The Assembly has the function of conducting reviews of the arrangements made by Welsh NHS bodies for the purpose of discharging their duty under section 45.

[F14(3A)Before conducting a review under this section the Assembly must—

(a)consult the Auditor General for Wales, and

(b)take into account any relevant work done or being done by the Auditor General for Wales.]

(4)In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with—

(a)the availability of, and access to, the health care;

(b)the quality and effectiveness of the health care;

(c)the financial or other management of the health care and the economy and efficiency of its provision;

(d)the availability and quality of information provided to the public about the health care;

(e)the need to safeguard and promote the rights and welfare of children; and

(f)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,

and must take into account the standards set out in statements published under section 47.

(5)For the purposes of this section the Assembly may carry out an inspection of—

(a)any Welsh NHS body;

(b)any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere).

(6)Where the Assembly conducts a review under this section it must publish a report.

Textual Amendments

F14S. 70(3A) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 60; S.I. 2005/558, art. 2, Sch. 1

Commencement Information

I41S. 70 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)

71Reporting to Secretary of State and regulatorE+W

(1)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—

(a)there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;

(b)there are significant failings in the running of an English NHS body or cross-border SHA; or

(c)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.

(2)A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measures in relation to—

(a)the English NHS body or cross-border SHA; and

(b)in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph.

(3)The Assembly must report to the regulator where, after conducting a review or investigation under section 70, it is of the view that—

(a)there are significant failings in relation to the provision of health care by or for an NHS foundation trust;

(b)there are significant failings in the running of an NHS foundation trust; or

(c)there are significant failings in the running of any body, or the practice of any individual, providing health care for an NHS foundation trust.

(4)A report under subsection (3) may include a recommendation that, with a view to remedying the failings, the regulator take special measures in relation to the NHS foundation trust.

(5)A report under this section must give the Assembly’s reasons for its view and for any recommendation made.

Commencement Information

I42S. 71 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)

Ancillary powersE+W

72Right of entryE+W

(1)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—

(a)any premises owned or controlled by a Welsh NHS body;

(b)any other premises used, or proposed to be used, for any purpose connected with—

(i)the provision of health care by or for a Welsh NHS body; or

(ii)the discharge of any of the functions of a Welsh NHS body.

Commencement Information

I43S. 72 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)

73Right of entry: supplementaryE+W

(1)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—

(a)inspect, take copies of and remove from the premises any documents or records (including personal records);

(b)inspect any other item and remove it from the premises;

(c)interview in private—

(i)any person working at the premises;

(ii)any person receiving health care there who consents to be interviewed; and

(d)make any other examination into the state and management of the premises and treatment of persons receiving health care there.

(2)The power in subsection (1)(a) includes—

(a)power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b)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.

(4)A person authorised by virtue of section 72 to enter and inspect any premises may—

(b)take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5)Any person who without reasonable excuse—

(a)obstructs the exercise of any power conferred by section 72 or this section, or

(b)fails to comply with any requirement of section 72 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Commencement Information

I44S. 73 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)

74Power to require documents and informationE+W

(1)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—

(a)which relates or relate to—

(i)the provision of health care by or for a Welsh NHS body; or

(ii)the discharge of any of the functions of a Welsh NHS body; and

(b)which the Assembly considers it necessary or expedient to have for the purposes of this Chapter.

(2)The persons referred to in subsection (1) are—

(a)the Welsh NHS body;

(b)any person providing health care for, or exercising functions of, the Welsh NHS body;

(c)a local authority in Wales.

(3)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.

Commencement Information

I45S. 74 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)

75Power to require explanationE+W

(1)The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of—

(a)any documents, records or items inspected, copied or provided under sections 72 to 74,

(b)any information provided under those sections, or

(c)any matters which are the subject of the exercise of any function of the Assembly under section 70, and

in circumstances where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.

(2)Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.

Commencement Information

I46S. 75 partly in force; s. 75 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I47S. 75 in force at 1.4.2004 in so far as not already in force by S.I. 2004/873, art. 2(b)

Chapter 5E+WSocial services: functions of CSCI

Provision of social servicesE+W

76IntroductoryE+W

(1)The CSCI has the general function of encouraging improvement in the provision of English local authority social services.

(2)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—

(a)the availability of, and access to, the services;

(b)the quality and effectiveness of the services;

(c)the management of the services;

(d)the economy and efficiency of their provision and their value for money; [F15and]

(e)the availability and quality of information provided to the public about the services;

F16(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Word in s. 76(2)(d) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 83(a); S.I. 2007/935, art. 5(gg)

F16S. 76(2)(f)(g) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 83(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Commencement Information

I48S. 76 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

77Information and adviceE+W

(1)The CSCI is to keep the Secretary of State informed about the provision of English local authority social services.

(2)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.

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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.

(5)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.

Textual Amendments

F17S. 77(3) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 84, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Commencement Information

I49S. 77 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

78Review of studies and researchE+W

(1)The CSCI may review—

(a)studies and research undertaken by others in relation to the provision of English local authority social services;

(b)the methods used in such studies and research; and

(c)the validity of the conclusions drawn from such studies and research.

(2)Where the CSCI conducts a review under this section it must publish a report.

Commencement Information

I50S. 78 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

79Annual reviewsE+W

(1)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.

[F18(2)After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority in respect of all the English local authority social services provided by, or pursuant to arrangements made by, that authority.]

(3) 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.

(4) The CSCI must publish the criteria devised and approved from time to time under subsection (3).

(5) 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.

(6) 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).

F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purposes of this section, the CSCI may carry out an inspection of—

(a)the local authority being reviewed;

(b)any person providing an English local authority social service pursuant to arrangements made by the authority.

(9) 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.

Textual Amendments

F18S. 79(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 85(2); S.I. 2007/935, art. 5(gg)

F19S. 79(7) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 85(3), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Commencement Information

I51S. 79 partly in force; s. 79 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I52 S. 79 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759 , art. 4(2)(a)

80Other reviews and investigationsE+W

(1)The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.

(2)The CSCI may in particular under this section conduct—

(a)a review of the overall provision of English local authority social services;

(b)a review of the provision of any English local authority social service of a particular description; or

(c)a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.

(3)If the Secretary of State so requests, the CSCI must conduct—

(a)a review under subsection (2)(a);

(b)a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or

(c)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.

(4)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).

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of this section, the CSCI may carry out an inspection of—

(a)any local authority in England;

(b)any other person providing an English local authority social service.

(7)Where the CSCI conducts a review or investigation under this section, it must publish a report.

(8)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.

Textual Amendments

F20S. 80(5) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 86, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Modifications etc. (not altering text)

C7S. 80(4)(5) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(2)

Commencement Information

I53S. 80 partly in force; s. 80 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I54S. 80 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)

81FailingsE+W

(1)This section applies where the CSCI conducts—

(a)a review under section 79; or

(b)a review or investigation under section 80.

(2)If under [F21section 79(2)] the CSCI awards the lowest performance rating to a local authority, the CSCI must—

(a)inform the Secretary of State of that fact; and

(b)recommend any special measures which it considers the Secretary of State should take.

(3)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—

(a)inform the Secretary of State of that fact; and

(b)recommend any special measures which it considers the Secretary of State should take.

(4)However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—

(a)give the local authority a notice under subsection (5); and

(b)inform the Secretary of State that it has done so.

(5)A notice under this subsection is a notice which specifies—

(a)the respects in which the CSCI considers that the local authority is failing;

(b)the action which the CSCI considers the authority should take to remedy the failure; and

(c)the time by which the CSCI considers the action should be taken.

(6)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—

(a)undertake a further review under section 80 in relation to the authority; and

(b)include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.

(7)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.

Textual Amendments

F21Words in s. 81(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 87; S.I. 2007/935, art. 5(gg)

Commencement Information

I55S. 81 partly in force; s. 81 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I56S. 81 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)

Other functionsE+W

82Studies as to economy, efficiency etcE+W

(1)The CSCI has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—

(a)for improving economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions;

(b)for improving the management of such local authorities in their discharge of those functions.

(2)The CSCI may also promote or undertake studies designed to enable it to prepare reports as to the impact of—

(a)the operation of any particular statutory provisions, or

(b)any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise),

on economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions.

(3)For the purposes of this section the CSCI may carry out an inspection of any local authority in England.

(4)The CSCI must publish—

(a)any recommendations made by it under subsection (1);

(b)the result of any studies under this section.

(5)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.

(6)The CSCI must, on request, provide the Comptroller and Auditor General with any material relevant to a study under this section.

Commencement Information

I57S. 82 partly in force; s. 82 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I58S. 82 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)

83Joint working with Audit CommissionE+W

(1)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).

(2)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.

(3)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.

(4)The CSCI and the Audit Commission must take any such guidance into account in the exercise of their functions.

Commencement Information

I59S. 83 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

84Additional functionsE+W

The CSCI is to have such additional functions as may be prescribed in relation to the provision of English local authority social services.

Commencement Information

I60S. 84 partly in force; s. 84 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I61S. 84 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)

SupplementaryE+W

85CriteriaE+W

The Secretary of State may, after consulting the CSCI, make regulations requiring the CSCI—

(a)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);

(b)to consult any person specified in the regulations before publishing any such statement; and

(c)to obtain the consent of the Secretary of State before publishing any such statement.

Commencement Information

I62S. 85 partly in force; s. 85 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I63S. 85 in force at 1.4.2005 for E. in so far as not already in force by S.I. 2005/457, art. 2(c)

86FeesE+W

(1)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.

(2)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.

(3)Provision under subsection (1) may include provision—

(a)for different fees to be paid in different cases, or classes of case;

(b)for different fees to be paid by persons of different descriptions;

(c)for the amount of a fee to be determined by the CSCI in accordance with specified factors;

(d)for the time by which a fee must be paid.

(4)The Secretary of State may by regulations make provision as to—

(a)the manner in which provision under subsection (1) is to be made and published;

(b)the matters to be taken into account by the CSCI before making the provision.

(5)Before making any provision under subsection (1) the CSCI must consult such persons as appear to it appropriate.

(6)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.

(7)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.

(8)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Commencement Information

I64S. 86 partly in force; s. 86 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I65S. 86 in force at 30.10.2005 for E. by S.I. 2005/2925, art. 2(1)(a)

87Reports and informationE+W

(1)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.

(2)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.

(3)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.

Commencement Information

I66S. 87 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

88Right of entryE+W

(1)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—

(a)any premises owned or controlled by a local authority in England; or

(b)any premises falling within subsection (2), other than premises used wholly or mainly as a private dwelling.

(2)The premises referred to in subsection (1)(b) are premises—

(a)which are used, or proposed to be used, by any person in connection with the provision of an English local authority social service; or

(b)which the CSCI reasonably believes to be so used, or proposed to be so used.

(3)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.

Modifications etc. (not altering text)

C8S. 88 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(3)

Commencement Information

I67S. 88 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

89Right of entry: supplementaryE+W

(1)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—

(a)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;

(b)inspect any other item and remove it from the premises;

(c)interview in private—

(i)any person working at the premises; or

(ii)any person accommodated or cared for there who consents to be interviewed; and

(d)make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

(2)The power in subsection (1)(a) includes—

(a)power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b)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.

(4)A person authorised by virtue of section 88 to enter and inspect premises may—

(b)take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5)Any person who without reasonable excuse—

(a)obstructs the exercise of any power conferred by section 88 or this section, or

(b)fails to comply with any requirement of section 88 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C9S. 89 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(3)

Commencement Information

I68S. 89 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

90Power to require information etcE+W

(1)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—

(a)which relates or relate to the discharge by a local authority in England of its social services functions; and

(b)which the CSCI considers it necessary or expedient to have for the purposes of this Chapter.

(2)The persons referred to in subsection (1) are—

(a)the local authority;

(b)a person providing an English local authority social service for the authority; or

(c)any NHS body.

(3)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.

Commencement Information

I69S. 90 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

91Power to require explanationE+W

(1)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—

(a)any documents, records or items inspected, copied or provided under sections 88 to 90,

(b)any information provided under those sections, or

(c)any matters which are the subject of the exercise of any functions of the CSCI under this Chapter,

in cases where the CSCI considers the explanation necessary or expedient for the purposes of this Chapter.

(2)Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the CSCI.

Commencement Information

I70S. 91 partly in force; s. 91 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I71S. 91 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)

Chapter 6E+WSocial services: functions of National Assembly for Wales

Modifications etc. (not altering text)

C10Pt. 2 Ch. 6 applied (1.10.2006) by Children Act 2004 (c. 31), ss. 30, 67(3); S.I. 2006/885, art. 2(4)(a)

Provision of social servicesE+W

92General functionE+W

The Assembly has the general function of encouraging improvement in the provision of Welsh local authority social services.

Commencement Information

I72S. 92 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

93Reviews of studies and researchE+W

(1)The Assembly may review—

(a)studies and research undertaken by others in relation to the provision of Welsh local authority social services;

(b)the methods used in such studies and research; and

(c)the validity of conclusions drawn from such studies and research.

(2)Where the Assembly conducts a review under this section it must publish such report as it considers appropriate.

Commencement Information

I73S. 93 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

94Reviews and investigationsE+W

(1)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.

(2)The Assembly may in particular under this section conduct—

(a)a review of the overall provision of Welsh local authority social services;

(b)a review of the provision of any Welsh local authority social service of a particular description; or

(c)a review of, or investigation into, the provision of any Welsh local authority social service by a particular person or persons.

(3)The Assembly may in a review under subsection (2)—

(a)assess performance against criteria;

(b)award performance ratings.

(4)For the purposes of this section the Assembly may carry out an inspection of—

(a)any local authority in Wales;

(b)any other person providing a Welsh local authority social service.

(5)Where the Assembly conducts a review or investigation under this section, it must publish a report.

(6)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).

(7)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.

(8)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Commencement Information

I74S. 94 partly in force; s. 94 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I75S. 94(1)-(5) in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

95Studies as to economy, efficiency etcE+W

(1)The Assembly has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—

(a)for improving economy, efficiency and effectiveness in the discharge by local authorities in Wales of their social services functions;

(b)for improving the management of such local authorities in the discharge of those functions.

(2)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.

(3)The Assembly must publish or otherwise make available—

(a)any recommendations made by it under subsection (1); and

(b)a report on the result of any studies under this section.

(4)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).

Commencement Information

I76S. 95 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

[F2296Additional functionsE+W

(1)The Assembly shall have such additional functions in relation to the provision of Welsh local authority social services as—

(a)correspond to functions within subsection (2), and

(b)are specified by the Assembly in regulations.

(2)The functions within this subsection are—

(a)functions conferred on the CSCI by or under this Act, and

(b)functions relating to the provision of relevant services and assigned to Her Majesty's Chief Inspector of Education, Children's Services and Skills under section 118(4) of the Education and Inspections Act 2006.

(3)In subsection (2)(b) “relevant services” means services which immediately before the coming into force of Chapter 4 of Part 8 of the Education and Inspections Act 2006 were English local authority social services for the purposes of this Part of this Act.]

Textual Amendments

F22S. 96 substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 88; S.I. 2007/935, art. 5(gg)

97General considerationsE+W

(1)This section applies for the purpose of the exercise by the Assembly of its functions—

(a)under sections 92 to 95; and

(b)under regulations under section 96.

(2)The Assembly shall be concerned in particular with—

(a)the availability of, and access to, the services;

(b)the quality and effectiveness of the services;

(c)the management of the services;

(d)the economy and efficiency of their provision and their value for money;

(e)the availability and quality of information provided to the public about the services;

(f)the need to safeguard and promote the rights and welfare of children; and

(g)the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).

Commencement Information

I77S. 97 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

Ancillary powersE+W

98Right of entryE+W

(1)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—

(a)any premises owned or controlled by a local authority in Wales;

(b)any premises falling within subsection (2), other than premises used wholly or mainly as a private dwelling.

(2)The premises referred to in subsection (1)(b) are premises—

(a)which are used, or proposed to be used, by any person in connection with the provision of a Welsh local authority social service; or

(b)which the Assembly reasonably believes to be so used, or proposed to be so used.

Commencement Information

I78S. 98 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

99Right of entry: supplementaryE+W

(1)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—

(a)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;

(b)inspect any other item and remove it from the premises;

(c)interview in private—

(i)any person working at the premises; or

(ii)any person accommodated or cared for there who consents to be interviewed; and

(d)make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

(2)The power in subsection (1)(a) includes—

(a)power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b)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.

(4)A person authorised by virtue of section 98 to enter and inspect premises may—

(b)take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5)Any person who without reasonable excuse—

(a)obstructs the exercise of any power conferred by section 98 or this section, or

(b)fails to comply with any requirement of section 98 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Commencement Information

I79S. 99 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

100Power to require informationE+W

(1)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—

(a)which relates or relate to the discharge by a local authority in Wales of its social services functions; and

(b)which the Assembly considers it necessary or expedient to have for the purpose of any of its functions under this Chapter.

(2)The persons referred to in subsection (1) are—

(a)the local authority;

(b)a person providing a Welsh local authority social service for the authority; or

(c)any NHS body.

(3)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.

Commencement Information

I80S. 100 in force at 1.4.2004 by S.I. 2004/873, art. 2(c)

101Power to require explanationE+W

(1)The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of—

(a)any documents, records or items inspected, copied or produced under sections 98 to 100,

(b)any information provided under those sections, or

(c)any matters which are the subject of the exercise of any functions of the Assembly under this Chapter,

in cases where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.

(2)Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.

Commencement Information

I81S. 101 partly in force; s. 101 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I82S. 101 in force at 1.4.2004 in so far as not already in force by S.I. 2004/873, art. 2(c)

Chapter 7E+WFunctions under the Care Standards Act 2000

Functions of CHAI and CSCIE+W

102Transfer of functions to CHAI and CSCIE+W

(1)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).

(2)Its functions under that Part are transferred to the CHAI insofar as they relate to—

(a)independent hospitals;

(b)independent clinics; and

(c)independent medical agencies.

(3)Its functions under that Part are transferred to the CSCI insofar as they relate to—

(a)children’s homes;

(b)care homes;

(c)residential family centres;

(d)domiciliary care agencies;

(e)nurses agencies;

(f)fostering agencies;

(g)voluntary adoption agencies; and

(h)adoption support agencies.

(4)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.

Commencement Information

I83S. 102 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

103General functions of CHAIE+W

In the Care Standards Act 2000 (c. 14), after section 5 insert—

“5AGeneral duties of Commission for Healthcare Audit and Inspection

(1)The Commission for Healthcare Audit and Inspection (referred to in this Act as “the CHAI”) shall have the general duty of keeping the Secretary of State informed about—

(a)the provision in England of independent health services; and

(b)in particular, the availability and quality of the services.

(2)The CHAI shall have the general duty of encouraging improvement in the quality of independent health services provided in England.

(3)The CHAI shall make information about independent health services provided in England available to the public.

(4)When asked to do so by the Secretary of State, the CHAI shall give him advice or information on such matters relating to the provision in England of independent health services as may be specified in his request.

(5)The CHAI may at any time give advice to the Secretary of State on—

(a)any changes which the CHAI thinks should be made, for the purpose of securing improvement in the quality of independent health services provided in England, in the standards set out in statements under section 23;

(b)any other matter connected with the provision in England of such services.

(6)In the exercise of its functions under this Act the CHAI must have particular regard to the need to safeguard and promote the rights and welfare of children.

(7)The Secretary of State may by regulations confer additional functions on the CHAI in relation to the provision in England of independent health services.

(8)In this section “independent health services” means services of the kind provided by persons for whom the CHAI is the registration authority.”

Commencement Information

I84S. 103 partly in force; s. 103 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I85S. 103 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

104General functions of CSCIE+W

In the Care Standards Act 2000, after section 5A (inserted by section 103 above) insert—

“5BGeneral duties of Commission for Social Care Inspection

(1)The Commission for Social Care Inspection (referred to in this Act as “the CSCI”) shall have the general duty of keeping the Secretary of State informed about—

(a)the provision in England of registered social care services; and

(b)in particular, the availability and quality of the services.

(2)The CSCI shall have the general duty of encouraging improvement in the quality of registered social care services provided in England.

(3)The CSCI shall make information about registered social care services provided in England available to the public.

(4)When asked to do so by the Secretary of State, the CSCI shall give him advice or information on such matters relating to the provision in England of registered social care services as may be specified in his request.

(5)The CSCI may at any time give advice to the Secretary of State on—

(a)any changes which the CSCI thinks should be made, for the purpose of securing improvement in the quality of registered social care services provided in England, in the standards set out in statements under section 23;

(b)any other matter connected with the provision in England of registered social care services.

(6)In the exercise of its functions under this Act the CSCI must have particular regard to the need to safeguard and promote the rights and welfare of children.

(7)The Secretary of State may by regulations confer additional functions on the CSCI in relation to the provision in England of registered social care services.

(8)In this section, “registered social care services” means services of the kind provided by persons for whom the CSCI is the registration authority.”

Commencement Information

I86S. 104 partly in force; s. 104 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I87S. 104 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

105FeesE+W

(1)The Care Standards Act 2000 (c. 14) is amended as follows.

(2)After section 113 insert—

“113AFees payable under Part 2

(1)The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.

(2)Provision under subsection (1) may include provision—

(a)for different amounts to be payable in different cases, or classes of case;

(b)for different amounts to be payable by persons of different descriptions.

(3)Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.

(4)No provision may be made under subsection (1) without the consent of the Secretary of State.

(5)If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).

(6)Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate.”

(3)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. ”

(4)In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitute “a fee of—

(a)the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or

(b)the prescribed amount, where the registration authority is the Assembly.”

(5)In that section, in subsection (5)—

(a)for “subsection (3)” substitute “ subsection (3)(b) ”; and

(b)for “the registration authority” substitute “ the Assembly ”.

(6)In section 16 (regulations about registration), for subsection (3) substitute—

“(3)Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee—

(a)of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and

(b)of such amount as may be prescribed, where the registration authority is the Assembly.”

(7)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—

(i)such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or

(ii)the prescribed amount, where notification is made to the Assembly”.

Commencement Information

I88S. 105 partly in force; s. 105 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I89S. 105(1) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I90S. 105(1) in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 2(2)

I91S. 105(1) in force at 27.6.2006 for specified purposes for E. by S.I. 2006/1680, art. 2(1)

I92S. 105(1)(6) in force at 1.8.2006 in so far as not already in force by S.I. 2006/1680, art. 2(2)(b)

I93S. 105(2) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I94S. 105(3)-(7) in force at 1.4.2006 by S.I. 2005/2925, art. 2(2)

I95S. 105(3)-(5)(7) in force at 1.8.2006 in so far as not already in force by S.I. 2006/1680, art. 2(2)(a)

I96S. 105(6) in force at 27.6.2006 for specified purposes for E. by S.I. 2006/1680, art. 2(1)

MiscellaneousE+W

106Meaning of “independent medical agency”E+W

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 ”.

Commencement Information

I97S. 106 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I98S. 106 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

107Children’s homes providing secure accommodationE+W

(1)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, ”.

(2)In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—

(a)omit paragraph (a), and

(b)in paragraph (b), for “mentioned in paragraph (a)” substitute “ of restricting liberty ”.

Commencement Information

I99S. 107 in force at 1.4.2006 for W. by S.I. 2005/3285, art. 2(2)(c)

108Information and inspectionE+W

(1)Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.

(2)After subsection (1), insert—

“(1A)The power under subsection (1) to require the provision of information includes—

(a)power to require the provision of copies of any documents or records (including medical and other personal records); and

(b)in relation to records kept by means of a computer, power to require the provision of the records in legible form.”

(3)In subsection (3)—

(a)in paragraph (b), for “(other than medical records)” substitute “ (including medical and other personal records) ”; and

(b)in paragraph (d), for “employed” substitute “ working ”.

(4)In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.

Commencement Information

I100S. 108 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

I101S. 108 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

109Assembly: duties relating to childrenE+W

In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—

“(6)The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a)its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and

(b)any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England.”

Commencement Information

I102S. 109 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

Chapter 8E+WOther functions of CSCI

F23110Boarding schools and collegesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23S. 110 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 89, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

111Boarding schools and colleges: reportsE+W

In section 87 of the Children Act 1989, after subsection (9) insert—

“(9A)Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, it must publish a report on whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.

(9B)Where the Commission or the National Assembly for Wales publishes a report under this section, it must—

(a)send a copy of the report to the school or college concerned; and

(b)make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C)Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate.”

Commencement Information

I103S. 111 in force at 1.4.2004 by S.I. 2004/759, art. 7

I104S. 111 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

F24112Secure training centresE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24S. 112 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 90, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Chapter 9E+WComplaints

113Complaints about health careE+W

(1)The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a)the exercise of any of the functions of an English NHS body or a cross-border SHA;

(b)the provision of health care by or for such a body;

(c)the provision of services by such a body or any other person in pursuance of arrangements made by the body under [F25section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006] in relation to the exercise of the health-related functions of a local authority.

(2)The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a)the exercise of any of the functions of a Welsh NHS body;

(b)the provision of health care by or for a Welsh NHS body;

(c)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.

(3)Regulations under this section may provide for a complaint to be considered by one or more of the following—

(a)an NHS body;

(b)the CHAI;

(c)an independent lay person;

(d)an independent panel established under the regulations;

(e)any other person or body.

(4)Regulations under this section may make provision for a complaint or any matter raised by a complaint—

(a)[F26in 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);

[F27(aa)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 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act);]

(b)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.

Textual Amendments

F25Words in s. 113(1)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 242 (with Sch. 3 Pt. 1)

F26Words in s. 113(4)(a) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 75(a); S.I. 2005/2800, art. 5(1)(3)

F27S. 113(4)(aa) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 75(b); S.I. 2005/2800, art. 5(1)(3)

Commencement Information

I105S. 113 partly in force; s. 113 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I106S. 113(1)(3)(4) in force at 1.9.2006 for E. in so far as not already in force by S.I. 2006/1680, art. 3(a)

114Complaints about social servicesE+W

(1)The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a)the discharge by a local authority in England of any of its social services functions;

(b)the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;

(c)the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under [F28section 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).

(2)Regulations under subsection (1) may provide for a complaint to be considered by one or more of the following—

(a)the local authority in respect of whose functions the complaint is made;

(b)the CSCI;

(c)an independent panel established under the regulations;

(d)any other person or body.

(3)The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a)the discharge by a local authority in Wales of any of its social services functions;

(b)the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;

(c)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).

(4)Regulations under subsection (3) may provide for a complaint to be considered by one or more of the following—

(a)the local authority in respect of whose functions the complaint is made;

(b)an independent panel established under the regulations;

(c)any other person or body.

(5)Regulations under this section may provide for a complaint or any matter raised by a complaint—

(a)in the case of regulations under subsection (1), to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) F29... for him to consider whether to investigate the complaint or matter under that Part (and to be treated as if it had been duly made under section 26 of that Act);

[F30(b)in the case of regulations under subsection (3), 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 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act).]

(c)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.

(6)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).

Textual Amendments

F28Words in s. 114(1)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 243 (with Sch. 3 Pt. 1)

F29Words in s. 114(5)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 76(a), Sch. 7; S.I. 2005/2800, art. 5(1)(3)

F30S. 114(5)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 76(b); S.I. 2005/2800, art. 5(1)(3)

Commencement Information

I107S. 114 partly in force; s. 114 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I108S. 114(1)(2)(5)(6) in force at 1.9.2006 for E. in so far as not already in force by S.I. 2006/1680, art. 3(b)

I109S. 114(3)(4) in force at 1.4.2006 for W. so far as not already in force by S.I. 2005/3285, art. 2(2)(a)

I110S. 114(5) in force at 1.4.2006 for W. so far as not already in force by S.I. 2005/3285, art. 2(2)(c)

115Complaints regulations: supplementaryE+W

(1)Regulations under subsection (1) or (2) of section 113 or under subsection (1) or (3) of section 114 (“the regulations”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.

(2)The regulations may make provision about—

(a)the persons who may make a complaint;

(b)the complaints which may, or may not, be made under the regulations;

(c)the persons to whom complaints may be made;

(d)complaints which need not be considered;

(e)the period within which complaints must be made;

(f)the procedure to be followed in making, handling and considering a complaint;

(g)matters which are excluded from consideration;

(h)the making of a report or recommendations about a complaint;

(i)the action to be taken as a result of the complaint.

(3)The regulations may require—

(a)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;

(b)any such payment to be—

(i)made to such person or body as may be specified in the regulations; and

(ii)of such amount as may be specified in, or calculated or determined under, the regulations;

(c)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.

(4)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.

(5)The regulations may also—

(a)provide for different parts or aspects of a complaint to be treated differently;

(b)require the production of information or documents in order to enable a complaint to be properly considered;

(c)authorise the disclosure of information or documents relevant to a complaint to a person or body—

(i)who is considering a complaint under the regulations; or

(ii)to whom a complaint has been referred;

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.

(6)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—

(a)enabling such a complaint to be made under the regulations; and

(b)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;

and in this subsection “statutory complaints procedures” means procedures established by or under any enactment.

Commencement Information

I111S. 115 partly in force; s. 115 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I112S. 115 in force at 1.9.2006 for E. in so far as not already in force by S.I. 2006/1680, art. 3(c)

I113S. 115(1)(2)(4)-(6) in force at 1.4.2006 for W. so far as not already in force by S.I. 2005/3285, art. 2(2)(c)

116Further consideration of representations under the Children Act 1989E+W

F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)After section 26ZA of that Act (as inserted by subsection (1)) insert—

“26ZBRepresentations: further consideration (Wales)

(1)The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in Wales under section 24D or section 26.

(2)The regulations may in particular make provision—

(a)for the further consideration of a representation by an independent panel established under the regulations;

(b)about the procedure to be followed on the further consideration of a representation;

(c)for the making of recommendations about the action to be taken as the result of a representation;

(d)about the making of reports about a representation;

(e)about the action to be taken by the local authority concerned as a result of the further consideration of a representation;

(f)for a representation to be referred back to the local authority concerned for reconsideration by the authority.

(3)The regulations may require—

(a)the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;

(b)any such payment to be—

(i)made to such person or body as may be specified in the regulations;

(ii)of such amount as may be specified in, or calculated or determined under, the regulations; and

(c)for 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.

(4)The regulations may also—

(a)provide for different parts or aspects of a representation to be treated differently;

(b)require the production of information or documents in order to enable a representation to be properly considered;

(c)authorise the disclosure of information or documents relevant to a representation to a person or body who is further considering a representation under the regulations;

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.”

(3)In section 26A of that Act (requirement on local authorities to provide assistance for persons making representations under section 24D and section 26), after subsection (2) insert—

“(2A)The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where representations under section 24D or 26 are further considered under section 26ZA or 26ZB.”

Textual Amendments

F31S. 116(1) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(ii)

Commencement Information

I114S. 116 partly in force; s. 116 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I115S. 116(2) in force at 1.4.2006 by S.I. 2005/3285, art. 2(2)(b)

I116S. 116(3) in force at 1.4.2006 for W. by S.I. 2005/3285, art. 2(2)(c)

117Representations relating to special guardianship support servicesE+W

(1)In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—

“(3C)The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

(a)a child with respect to whom a special guardianship order is in force,

(b)a special guardian or a parent of such a child,

(c)any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

(d)any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.”

(2)Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.

Commencement Information

I117S. 117 partly in force; s. 117 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I118S. 117 in force at 30.12.2005 for W. by S.I. 2005/3285, art. 2(1)

I119S. 117(1) in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(a)

I120S. 117(1) in force at 30.12.2005 for E. so far as not already in force by S.I. 2005/2925, art. 8

I121S. 117(2) in force at 17.1.2005 for E. by S.I. 2005/38, art. 2(b)

118Complaints about handling of complaintsE+W

In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—

“(1E)Where a complaint is duly made to a Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.”

Commencement Information

I122S. 118 in force at 1.6.2004 by S.I. 2004/759, art. 8

119Complaints: data protectionE+W

In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—

“(6)Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.”

Commencement Information

I123S. 119 in force at 1.6.2004 by S.I. 2004/759, art. 7

Chapter 10U.K.Supplementary and general

Joint workingE+W

120Co-operation etcE+W

(1)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.

[F32(1A)The CHAI and the CSCI must each co-operate with the CIECSS where it seems to the CHAI or the CSCI (as the case may be) appropriate to do so for the efficient and effective discharge of—

(a)its functions; and

(b)the functions of the CIECSS under Chapter 4 of Part 8 of the Education and Inspections Act 2006.]

(2)The CHAI and the CSCI must, in prescribed circumstances, consult each other [F33or the CIECSS] in relation to the proposed exercise of their functions.

[F34(3)The CHAI may delegate to the CSCI or the CIECSS any of its functions to be exercised by the CSCI or the CIECSS (as the case may be) on its behalf.

(3A)The CSCI may delegate to the CHAI or the CIECSS any of its functions to be exercised by the CHAI or the CIECSS (as the case may be) on its behalf.]

(4)The CHAI and the CSCI may, subject to such conditions as may be prescribed, enter into arrangements for the pooling of financial resources [F35with the other or with the CIECSS whenever the CHAI or the CSCI (as the case may be) considers] it appropriate to do so.

[F36(5)In this section “the CIECSS” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

Textual Amendments

F32S. 120(1A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 91(2); S.I. 2007/935, art. 5(gg)

F33Words in s. 120(2) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 91(3); S.I. 2007/935, art. 5(gg)

F34S. 120(3)(3A) substituted for s. 120(3) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 91(4); S.I. 2007/935, art. 5(gg)

F35Words in s. 120(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 91(5); S.I. 2007/935, art. 5(gg)

F36S. 120(5) added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 91(6); S.I. 2007/935, art. 5(gg)

Commencement Information

I124S. 120 partly in force; s. 120 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I125S. 120 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 5(2)(a)

121Reviews and investigationsE+W

(1)The CHAI and the CSCI may exercise any of their powers to conduct reviews and investigations under this Part in conjunction with each other.

(2)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.

(3)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.

(4)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.

(5)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.

(6)This section is without prejudice to any other powers of the CHAI or the CSCI.

Commencement Information

I126S. 121 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

122Joint annual reviewsE+W

(1)Regulations made by the Secretary of State may provide that, where services of a description specified in the regulations are provided under arrangements under [F37section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006], the CHAI and the CSCI shall jointly—

(a)review the provision by the parties to the arrangements of such services as may be specified in the regulations;

(b)award a performance rating in respect of those services.

(2)The regulations may provide that the CHAI and the CSCI are to exercise their functions under this section—

(a)at such times as may be specified in the regulations;

(b)by reference to criteria determined by the CHAI and the CSCI and approved by the Secretary of State.

(3)The regulations may require the CHAI and the CSCI to publish a report after conducting a review under this section.

Textual Amendments

F37Words in s. 122(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 244 (with Sch. 3 Pt. 1)

Commencement Information

I127S. 122 partly in force; s. 122 in force at Royal Assent for certain purposes, see s. 199(1)(4)

123Power to assistE+W

(1)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.

(2)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.

Commencement Information

I128S. 123 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

Arrangements with public authoritiesU.K.

124Arrangements with Ministers etc: CHAIU.K.

(1)Arrangements may be made between the CHAI and a Minister of the Crown —

(a)for the CHAI to perform any of its functions in relation to any prescribed health scheme for which the Minister has responsibility; or

(b)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.

(2)Arrangements may be made between the CHAI and a Northern Ireland Minister—

(a)for the CHAI to perform on behalf of the Minister any functions of the Minister which—

(i)correspond to any functions of the CHAI; and

(ii)relate to the Northern Irish health service;

(b)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.

(3)Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

(4)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.

(5)Any arrangements under subsection (2)(a) are not to affect the responsibility of the Northern Ireland Minister on whose behalf any functions are exercised.

(6)In this section—

“health scheme” means any scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds;
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department;
“Northern Irish health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of [F38the 2006 Act].

Textual Amendments

F38Words in s. 124(6) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 245 (with Sch. 3 Pt. 1)

Commencement Information

I129S. 124 in force at 1.4.2004 for E.W. by S.I. 2004/759, art. 3(1)

125Arrangements with Ministers etc: CSCIU.K.

(1)Arrangements may be made between the CSCI and a Minister of the Crown—

(a)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

(b)for the CSCI to review, and conduct inspections in relation to, the provision of any such services.

(2)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.

(3)Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

(4)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.

(5)In this section “Northern Ireland Minister” has the same meaning as in section 124.

Commencement Information

I130S. 125 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

126Arrangements with the Isle of Man and Channel Islands: CHAIE+W

(1)The CHAI may make arrangements with—

(a)the Government of the Isle of Man,

(b)the States of Jersey, or

(c)the States of Guernsey,

for the CHAI to advise and assist that authority with respect to the provision of health care by them or on their behalf.

(2)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.

Commencement Information

I131S. 126 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

127Arrangements with the Isle of Man and Channel Islands: CSCIE+W

(1)The CSCI may make arrangements with—

(a)the Government of the Isle of Man,

(b)the States of Jersey, or

(c)the States of Guernsey,

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.

(2)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.

Commencement Information

I132S. 127 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

ReportsE+W

128Reports: CHAIE+W

(1)As soon as possible after the end of each financial year the CHAI must make a report on each of the following—

(a)the way in which it has exercised its functions during the year;

(b)the provision of health care by or for NHS bodies;

(c)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).

(2)The CHAI must lay before Parliament a copy of each report made under this section.

(3)The CHAI must send a copy of each report made under this section to the Secretary of State and the Assembly.

(4)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.

Commencement Information

I133S. 128 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

129Reports: CSCIE+W

(1)As soon as possible after the end of each financial year the CSCI must make a report on each of the following—

(a)the way in which it has exercised its functions during the year;

(b)what it has found in the course of exercising its functions during the year.

(2)The CSCI must lay before Parliament a copy of each report made under this section.

(3)The CSCI must send a copy of each such report to the Secretary of State.

(4)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.

Commencement Information

I134S. 129 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

Relationship with governmentE+W

130Duty to have regard to government policy: CHAIE+W

(1)In exercising any of its functions the CHAI must have regard to such aspects of government policy as the Secretary of State may direct.

(2)Subsection (1) does not apply in relation to any of the CHAI’s functions under section 48(1), 49, 51 or 53.

(3)In exercising any of its functions under any of the sections referred to in subsection (2)—

(a)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

(b)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.

(4)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—

(a)they may disapply subsection (1) of this section in relation to that function;

(b)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.

(5)A direction under this section—

(a)must be given in writing;

(b)may be varied or revoked by a further direction under this section.

Commencement Information

I135S. 130 partly in force; s.130 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I136S. 130 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 3(1)

131Duty to have regard to government policy: CSCIE+W

(1)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.

(2)A direction given under this section may be varied or revoked by a further such direction.

Commencement Information

I137S. 131 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

132Failure in discharge of functions: CHAIE+W

(1)Where the Secretary of State considers that the CHAI is to a significant extent—

(a)failing to discharge any of its functions under this Act; or

(b)failing properly to discharge any of those functions;

he may give a direction to the CHAI.

(2)The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—

(a)relates to any function of the CHAI under section 48(1), 49, 51 or 53; and

(b)relates to the provision of health care by or for a Welsh NHS body.

(3)Regulations under section 58 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—

(a)the Assembly, and not the Secretary of State, may give directions to the CHAI under subsection (1);

(b)the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).

(4)The CHAI must comply with any direction given to it under this section.

(5)A direction given under this section—

(a)must be given in writing;

(b)may be varied or revoked by a further direction under this section.

Commencement Information

I138S. 132 partly in force; s. 132 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I139S. 132 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 3(1)

133Failure in discharge of functions: CSCIE+W

(1)Where the Secretary of State considers that the CSCI is to a significant extent—

(a)failing to discharge any of its functions under this Act F39..., or

(b)failing properly to discharge any of those functions,

he may give it a direction in writing.

(2)The CSCI must comply with any such direction.

(3)A direction given under this section may be varied or revoked by a further such direction.

Textual Amendments

F39Words in s. 133(1)(a) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 92, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Commencement Information

I140S. 133 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

InquiriesE+W

134Inquiries: CHAIE+W

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.

(6)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.

(7)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.

Commencement Information

I141S. 134 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

135Inquiries: CSCIE+W

(1)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).

(2)Before an inquiry is begun, the Secretary of State may give a direction that it be held in private.

(3)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.

(4)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.

(5)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.

(6)Publication under subsection (5) is to be in such manner as the Secretary of State considers appropriate.

Commencement Information

I142S. 135 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

InformationE+W

136Disclosure of information obtained by CHAIE+W

(1)This section applies to information which—

(a)has been obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and

(b)relates to and identifies an individual.

(2)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.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)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—

(a)from that information, or

(b)from that information and from other information obtained by the CHAI or any person authorised by it.

Commencement Information

I143S. 136 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

137Section 136: defenceE+W

(1)It is a defence for a person charged with an offence under section 136 to prove that at the time of the alleged offence—

(a)any of the circumstances in subsection (2) applied in relation to the disclosure in question; or

(b)he reasonably believed that they applied.

(2)The circumstances referred to in subsection (1)(a) are that—

(a)the disclosure was made in a form in which the individual to whom it relates is not identified;

(b)the disclosure was made with the consent of the individual to whom the information relates;

(c)the information disclosed had previously been lawfully disclosed to the public;

(d)the disclosure was made under or pursuant to regulations under section 113 (complaints about health care);

(e)the disclosure was made in accordance with any enactment or court order;

(f)the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;

(g)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.

(3)It is also a defence for a person charged with an offence under section 136 to prove that the disclosure was made—

(a)for the purposes of facilitating the exercise of any functions of the CHAI (under any enactment);

(b)in connection with the investigation of a criminal offence (whether or not in the United Kingdom);

(c)for the purpose of criminal proceedings (whether or not in the United Kingdom).

(4)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—

(a)from that information, or

(b)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.

Commencement Information

I144S. 137 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

138Information obtained by CHAI: supplementaryE+W

(1)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.

(2)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.

(3)This subsection applies where—

(a)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;

(b)in any case, the circumstances in any of paragraphs (c) to (g) of that subsection apply in relation to the disclosure; or

(c)in any case, the disclosure is made as specified in paragraph (a), (b) or (c) of subsection (3) of that section.

(4)Subsection (4) of section 137 applies for the purposes of subsection (3)(a) above.

Commencement Information

I145S. 138 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

139Information obtained by CSCI: supplementaryE+W

The CSCI may 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.

Commencement Information

I146S. 139 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

140Code of practice: CHAIE+W

(1)The CHAI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.

(2)The code must in particular make provision about the CHAI’s obtaining, handling, use and disclosure of confidential personal information.

(3)Before publishing the code, the CHAI must consult such persons as it considers appropriate.

(4)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).

(5)For the purposes of this section “confidential personal information” means information which—

(a)is obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and

(b)relates to and identifies an individual.

Commencement Information

I147S. 140 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

141Code of practice: CSCIE+W

(1)The CSCI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.

(2)The code must in particular make provision about the CSCI’s obtaining, handling, use and disclosure of confidential personal information.

(3)Before publishing the code, the CSCI must consult such persons as it considers appropriate.

(4)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).

(5)For the purposes of this section “confidential personal information” means information which—

(a)is obtained by the CSCI on terms or in circumstances requiring it to be held in confidence; and

(b)relates to and identifies an individual.

Commencement Information

I148S. 141 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

Wales: supplementaryE+W

142Annual reports of AssemblyE+W

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—

(a)what it has found during the year in the course of exercising—

(i)its functions under Chapter 4 and 6 of this Part (other than any function of making regulations);

(ii)its functions exercisable by virtue of section 5(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);

(b)the way in which the Assembly has during the year exercised those functions.

Commencement Information

I149S. 142 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

143Use by Assembly of informationE+W

(1)The Assembly may use any information it obtains, or documents produced to it, in the course of exercising any function of the Assembly referred to in any paragraph of subsection (2) for the purposes of any function of the Assembly referred to in any other paragraph of that subsection.

(2)The functions of the Assembly referred to in subsection (1) are—

(a)its functions under Chapter 4 of this Part;

(b)its functions under Chapter 6 of this Part;

(c)its functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care Standards Act 2000 (c. 14);

(d)its functions under section 80 of the Children Act 1989 (c. 41).

(3)References to functions in subsection (2) do not include functions of making regulations.

Commencement Information

I150S. 143 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

144Inquiries: WalesE+W

(1)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—

(a)its functions under Chapter 4 or 6 of this Part (other than any function of making regulations);

(b)its functions under section 87 of the Children Act 1989.

(2)Before an inquiry is begun, the Assembly may give a direction that it be held in private.

(3)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.

(4)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.

(5)Publication under subsection (4) is to be in such manner as the Assembly considers appropriate.

Commencement Information

I151S. 144 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

145Co-operation between Assembly and CHAIE+W

(1)The Assembly and the CHAI must co-operate with each other for the efficient and effective discharge of any relevant function.

(2)For the purposes of subsection (1), a relevant function is—

(a)any function of the CHAI under Chapter 3 of this Part;

(b)any function of the Assembly under Chapter 4 or 6 of this Part (other than any function of making regulations);

(c)any function of the CHAI under the Care Standards Act 2000;

(d)any function of the Assembly exercisable by virtue of section 5(b) or 8(1) to (3) of the Care Standards Act 2000.

Commencement Information

I152S. 145 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

[F40145ADuties in connection with the Auditor General for WalesE+W

(1)The CHAI must co-operate with the Auditor General for Wales where it seems to it appropriate to do so for the efficient and effective discharge of its functions.

(2)The CHAI must also—

(a)consult the Auditor General for Wales, and

(b)take into account any relevant work done or being done by the Auditor General for Wales,

before exercising its functions under section 51 in relation to a Welsh NHS body.

(3)Subsection (2) does not apply in the case of a review requested by the Secretary of State under section 51(2).]

Textual Amendments

F40S. 145A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 61; S.I. 2005/558, art. 2, Sch. 1

GeneralE+W

146Offences by bodies corporateE+W

(1)This section applies where any offence under this Part is committed by a body corporate.

(2)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—

(a)any director, manager, or secretary of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3)The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a)to any other similar officer of the body; and

(b)where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.

Commencement Information

I153S. 146 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

147Minor and consequential amendmentsE+W

Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.

Commencement Information

I154S. 147 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I155S. 147 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

I156S. 147 in force at 11.3.2004 for specified purposes for E. by S.I. 2004/759, art. 4(1)(b)

I157S. 147 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I158S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 9

I159S. 147 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/759, art. 4(2)(b)

I160S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 5(2)(b)

I161S. 147 in force at 1.6.2004 for specified purposes by S.I. 2004/759, art. 8

I162S. 147 in force at 15.1.2007 for specified purposes for E. by S.I. 2006/3397, art. 5

148Interpretation of Part 2E+W

In this Part—

“Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
“the CHAI” means the Commission for Healthcare Audit and Inspection;
“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;
“the CSCI” means the Commission for Social Care Inspection;
“English local authority social service” means—
(a)
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
(b)
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;
(c)
a service which—
(i)
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); and
(ii)
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
[F41but 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—
(a)
a Primary Care Trust;
(b)
a Strategic Health Authority;
(c)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
(d)
an NHS foundation trust;
(e)
a Special Health Authority performing functions only or mainly in respect of England;
“financial year”, in relation to the CHAI or the CSCI, means—
(a)
the period beginning with the date on which that body is established and ending with the next 31st March following that date; and
(b)
each successive period of twelve months ending with 31st March;
“health care” has the meaning given by section 45(2);
“local authority” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
“NHS body” means—
(a)
an English NHS body;
(b)
a Welsh NHS body;
(c)
a cross-border SHA;
“NHS trust” has the same meaning as in [F42the 2006 Act];
“personal records” includes medical records;
“prescribed” means prescribed by regulations made by—
(a)
the Secretary of State;
(b)
in the case of sections 63, 75 and 101, the Assembly;
“regulator” means the Independent Regulator of NHS Foundation Trusts;
“social services functions” has the same meaning as in the Local Authority Social Services Act 1970; [F43but (in relation to a local authority in England) does not include—
(a) functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
(b) functions prescribed by regulations under section 135(1)(f) of that Act.]
“Welsh local authority social service” means—
(a)
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
(b)
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;
(c)
a service which—
(i)
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
(ii)
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)
a Local Health Board;
(b)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
(c)
a Special Health Authority performing functions only or mainly in respect of Wales.

Textual Amendments

F41Words 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)

F42Words 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)

F43Words in s. 148 added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 93(3); S.I. 2007/935, art. 5(gg)

Commencement Information

I163S. 148 partly in force; s. 148 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I164S. 148 in force at 1.1.2004 by S.I. 2003/3346, art. 4

Prospective

149References to the provision of health careE+W

(1)For the purposes of this Part, a person provides health care for another person if he provides it—

(a)at the direction of the other person;

(b)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

(c)otherwise on behalf of the other person.

(2)References in this section to the provision of health care include references to its provision jointly with another person.

Part 3 E+W+SRecovery of NHS charges

NHS chargesE+W+S

150Liability to pay NHS chargesE+W+S

(1)This section applies if—

(a)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

(b)the injured person has—

(i)received NHS treatment at a health service hospital as a result of the injury,

(ii)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

(iii)received treatment as mentioned in sub-paragraph (i) and been provided with ambulance services as mentioned in sub-paragraph (ii).

(2)The person making the compensation payment is liable to pay the relevant NHS charges—

(a)in respect of—

(i)the treatment, in so far as received at a hospital in England or Wales,

(ii)the ambulance services, in so far as provided to take the injured person to such a hospital,

to the Secretary of State,

(b)in respect of—

(i)the treatment, in so far as received at a hospital in Scotland,

(ii)the ambulance services, in so far as provided to take the injured person to such a hospital,

to the Scottish Ministers.

(3)“Compensation payment” means a payment, including a payment in money’s worth, made—

(a)by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or

(b)in pursuance of a compensation scheme for motor accidents,

but does not include a payment mentioned in Schedule 10.

(4)Subsection (1)(a) applies—

(a)to a payment made—

(i)voluntarily, or in pursuance of a court order or an agreement, or otherwise, and

(ii)in the United Kingdom or elsewhere, and

(b)if more than one payment is made, to each payment.

(5)“Injury” does not include any disease.

(6)Nothing in subsection (5) prevents this Part from applying to—

(a)treatment received as a result of any disease suffered by the injured person, or

(b)ambulance services provided as a result of any disease suffered by him,

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).

(7)“NHS treatment” means any treatment (including any examination of the injured person) other than—

[F44(a)treatment provided by virtue of—

(i)section 21(4) or 44(6) of the 2006 Act,

(ii)paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,

(iii)paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or

(iv)section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,

(accommodation and services for private patients)]

(b)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,

(c)treatment provided at a health service hospital by virtue of [F45section 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

(d)treatment provided by virtue of—

(i)[F46section 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

[F47(ii)section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services).]

(8)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).

(9)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).

(10)“Relevant NHS charges” means the amount (or amounts) specified in a certificate of NHS charges—

(a)issued under this Part, in respect of the injured person, to the person making the compensation payment, and

(b)in force.

(11)“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.

(12)Regulations may amend Schedule 10 by omitting or modifying any payment for the time being specified in that Schedule.

(13)This section applies in relation to any injury which occurs after the date on which this section comes into force.

(14)For the purposes of this Part, it is irrelevant whether a compensation payment is made with or without an admission of liability.

Textual Amendments

F44S. 150(7)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(a) (with Sch. 3 Pt. 1)

F45Words in s. 150(7)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(b) (with Sch. 3 Pt. 1)

F46Words in s. 150(7)(d) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(c) (with Sch. 3 Pt. 1)

F47S. 150(7)(d)(ii) substituted (29.1.2007) by Health Act 2006 (c. 28), s. 83(2)(b), Sch. 8 para. 55; S.S.I. 2007/9, art. 2(b)

Commencement Information

I165S. 150 partly in force; s. 150 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I166S. 150(1)-(7)(10)-(14) in force at 28.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(1)

I167S. 150(1)-(7)(10)-(14) in force at 28.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(1)

Certificates of NHS chargesE+W+S

151Applications for certificates of NHS chargesE+W+S

(1)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.

(2)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).

(3)A certificate may provide that it is to remain in force—

(a)until a specified date,

(b)until the occurrence of a specified event, or

(c)indefinitely.

(4)A person may apply under subsection (1) for a fresh certificate from time to time.

(5)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.

(6)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.

(7)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.

(8)The circumstances are that—

(a)at the time the payment is made by the person—

(i)no certificate has been issued to him in respect of the injured person, or

(ii)if such a certificate has been issued to him, it is no longer in force, and

(b)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.

(9)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.

(10)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).

(11)In this section and section 152, “relevant NHS charges” has the meaning given in section 150(10).

Commencement Information

I168S. 151 partly in force; s. 151 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I169S. 151 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I170S. 151 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

152Section 151: supplementaryE+W+S

(1)Subsection (2) applies if—

(a)an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and

(b)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.

(2)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).

(3)Subsection (4) applies if—

(a)an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and

(b)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).

(4)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.

(5)A certificate may be issued under section 151 jointly by the Secretary of State and the Scottish Ministers specifying—

(a)an amount (or amounts) for which a person is liable under subsection (2) of section 150 to the Secretary of State, and

(b)an amount (or amounts) for which that person is liable under that subsection to the Scottish Ministers,

in respect of the same injured person in consequence of the same injury.

(6)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).

Commencement Information

I171S. 152 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

I172S. 152 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

153Information contained in certificatesE+W+S

(1)A certificate must specify the amount (or amounts) for which the person to whom it is issued is liable under section 150(2).

(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).

(3)If a certificate relates to a claim made by or on behalf of an injured person—

(a)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),

(b)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),

(c)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,

(d)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—

(i)that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and

(ii)the amount or proportion by which they are to be so reduced,

(e)in the case of which the parties to any resulting action before a court in Scotland have executed a joint minute which specifies—

(i)that the action has been settled extra-judicially, and

(ii)the matters mentioned in paragraph (d)(i) and (ii),

(f)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—

(i)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

(ii)which specifies the matters mentioned in paragraph (d)(i) and (ii), or

(g)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—

(i)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

(ii)which specifies the matters mentioned in paragraph (d)(i) and (ii),

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.

(4)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.

(5)Regulations under subsection (2) may, in particular, provide—

(a)that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum,

(b)for different amounts to be specified in respect of different circumstances or areas,

(c)for cases in which an injured person receives treatment at two or more health service hospitals,

(d)for cases in which an injured person receives treatment at one or more health service hospitals and is provided with NHS ambulance services,

(e)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,

(f)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,

(g)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),

(h)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),

and in the case of paragraph (e) may make such provision by modifying this Part.

(6)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).

(7)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—

(a)determining, or re-determining, the amount for which he is liable under section 150(2),

(b)giving credit for amounts already paid, and

(c)the payment by any person of any balance or the recovery from any person of any excess.

(8)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).

[F48(9)For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if—

(a)it is settled by mediation of a prescribed description , and

(b)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.]

(10)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.

(11)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.

(12)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.

Textual Amendments

F48S. 153(9) substituted (19.7.2006 for specified purposes, 29.1.2007 in so far as not already in force) by Health Act 2006 (c. 28), ss. 73, 83(1)(e); S.I. 2006/3125, art. 4; S.S.I. 2007/9, art. 2(a)

Commencement Information

I173S. 153 partly in force; s. 153 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I174S. 153 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I175S. 153 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

Recovery of NHS chargesE+W+S

154Payment of NHS chargesE+W+S

(1)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.

(2)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.

(3)“Settlement date” means the date on which the compensation payment is made.

(4)This section is subject to section 155(2).

Commencement Information

I176S. 154 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

I177S. 154 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

155Recovery of NHS chargesE+W+S

(1)This section applies if a person has made a compensation payment and either—

(a)subsection (7) of section 151 applies but he has not applied for a certificate as required by that subsection, or

(b)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.

(2)The Secretary of State, the Scottish Ministers or both, according to the circumstances of the case, may—

(a)in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and

(b)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,

and, in either case, issue him with a demand that payment of any amount due under section 150(2) be made immediately.

(3)Subsections (5) and (6) of section 152 apply to certificates issued under subsection (2) above as they apply to certificates issued under section 151.

(4)A demand issued under subsection (2) may be issued jointly by the Secretary of State and the Scottish Ministers specifying—

(a)an amount due under subsection (2) of section 150 to the Secretary of State, and

(b)an amount due under that subsection to the Scottish Ministers,

in respect of the same injured person in consequence of the same injury.

(5)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—

(a)the demand in so far as it relates to any amount due to the Secretary of State, or

(b)the demand in so far as it relates to any amount due to the Scottish Ministers,

and related expressions are to be read accordingly.

(6)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.

(7)If the person who made the compensation payment resides or carries on business in England or Wales and a county court so orders, the amount demanded is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(8)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.

(9)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).

(10)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.

Commencement Information

I178S. 155 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

I179S. 155 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

Review and appealE+W+S

156Review of certificatesE+W+S

(1)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—

(a)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),

(b)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),

(c)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,

(d)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—

(i)that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and

(ii)the amount or proportion by which they are to be so reduced,

(e)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—

(i)that the action has been settled extra-judicially, and

(ii)the matters mentioned in paragraph (d)(i) and (ii),

(f)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—

(i)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

(ii)which specifies the matters mentioned in paragraph (d)(i) and (ii), or

(g)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—

(ii)which specifies the matters mentioned in paragraph (d)(i) and (ii),

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.

(2)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)).

(3)If—

(a)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

(b)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 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.

(4)The Secretary of State or the Scottish Ministers may review a certificate issued by him or them—

(a)either within the prescribed period or in prescribed cases or circumstances, and

(b)either on application made for the purpose or on his or their initiative.

(5)On a review under or by virtue of this section, the Secretary of State or the Scottish Ministers may—

(a)confirm the certificate,

(b)issue a fresh certificate containing such variations as he considers or they consider appropriate, or

(c)revoke the certificate.

(6)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.

(7)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.

Commencement Information

I180S. 156 partly in force; s. 156 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I181S. 156 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I182S. 156 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

157Appeal against a certificate or a waiver decisionE+W+S

(1)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—

(a)that an amount (or amounts) specified in the certificate is (or are) incorrect,

(b)that an amount (or amounts) so specified takes (or take) into account—

(i)treatment which is not NHS treatment received by the injured person, as a result of his injury, at a health service hospital,

(ii)ambulance services which are not NHS ambulance services provided to the injured person as a result of his injury, or

(iii)treatment as mentioned in sub-paragraph (i) and ambulance services as mentioned in sub-paragraph (ii),

(c)that the payment on the basis of which the certificate was issued is not a compensation payment.

(2)No appeal may be made until—

(a)the claim against the person to whom the certificate was issued, which gives rise to the compensation payment, has been finally disposed of, and

(b)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).

(3)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—

(a)section 32A(2)(a) of the Supreme Court Act 1981 (c. 54),

(b)section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the Administration of Justice Act 1982 (c. 53), or

(c)section 51(2)(a) of the County Courts Act 1984 (c. 28),

(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

(4)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.

(5)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.

(6)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 sections 158 and 159 as a “waiver decision”) may be made by the person to whom the certificate was issued.

(7)Regulations may make provision—

(a)as to the manner in which, and the time within which, an appeal against a certificate or waiver decision may be made,

(b)as to the procedure to be followed if an appeal against a certificate or waiver decision is made,

(c)as to the circumstances in which appeals may be consolidated (including the consolidation of an appeal against a certificate issued by the Secretary of State with an appeal against a certificate issued by the the Scottish Ministers), and

(d)for the purpose of enabling an appeal against a certificate to be treated as an application for a review under section 156.

Commencement Information

I183S. 157 partly in force; s. 157 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I184S. 157 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

I185S. 157 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

158Appeal tribunalsE+W+S

(1)The Secretary of State or the Scottish Ministers must refer to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14) an appeal against—

(a)a certificate, or

(b)a waiver decision.

(2)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.

(3)On an appeal against a certificate, the tribunal may—

(a)confirm the amount or amounts specified in the certificate,

(b)specify any variations which are to be made on the issue of a fresh certificate under subsection (4), or

(c)declare that the certificate is to be revoked.

(4)When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of the tribunal on an appeal against a certificate, he or they must in accordance with that decision—

(a)confirm the certificate,

(b)issue a fresh certificate, or

(c)revoke the certificate.

(5)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.

(6)On an appeal against a waiver decision, the tribunal may—

(a)confirm the decision, or

(b)waive the requirement in question.

(7)Regulations under section 157 may (among other things) provide for the non-disclosure of medical advice or medical evidence given or submitted following a reference under subsection (1).

Commencement Information

I186S. 158 partly in force; s. 158 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I187S. 158 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

I188S. 158 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

159Appeal to Social Security CommissionerE+W+S

(1)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.

(2)An appeal under this section may be made by—

(a)the Secretary of State or the Scottish Ministers (as the case may be), or

(b)the person to whom the certificate was issued.

(3)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)).

(4)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.

(5)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—

(a)confirm the waiver decision, or

(b)waive the requirement in question.

(6)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.

(7)In this section—

“Commissioner” has the same meaning as in Chapter 2 of Part 1 of the 1998 Act, and
“the 1998 Act” means the Social Security Act 1998 (c. 14).

Commencement Information

I189S. 159 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

I190S. 159 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

InformationE+W+S

160Provision of informationE+W+S

(1)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)—

(a)the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,

(b)the injured person or, if the injured person has died, his personal representative,

(c)anyone not within paragraph (a) who is, or is alleged to be, liable to any extent in respect of the injury,

(d)if the claim is not made by the injured person, the person by whom it is made,

(e)anyone acting on behalf of the person within any of paragraphs (b) to (d),

(f)the responsible body of each health service hospital at which the injured person has received NHS treatment as a result of his injury,

(g)any ambulance trust which provided NHS ambulance services as a result of his injury.

(2)A person who is required to give information under this section must do so—

(a)in the prescribed manner, and

(b)within the prescribed period.

(3)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.

(4)In this section—

“ambulance trust”—
(a)
in relation to England or Wales, means—
(i)
a National Health Service trust established under [F49section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 ], or
(ii)
an NHS foundation trust,
(b)
in relation to Scotland, means a Special Health Board established under section 2(1)(b) of the 1978 Act;
“responsible body”, in relation to a health service hospital, means—
(a)
in the case of a hospital vested in—
(i)
a National Health Service trust established under [F50section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006] or section 12A of the 1978 Act, or
(ii)
a Primary Care Trust,
the trust, and
(b)
in any other case, the body responsible for the management of the hospital.

Textual Amendments

F49Words in s. 160(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 248(a) (with Sch. 3 Pt. 1)

F50Words in s. 160(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 248(b) (with Sch. 3 Pt. 1)

Commencement Information

I191S. 160 partly in force; s. 160 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I192S. 160 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I193S. 160 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

161Use of information held by the Secretary of State or the Scottish Ministers etc.E+W+S

(1)Subsection (2) applies to information which is held—

(a)by the Secretary of State, or

(b)by a person providing services to the Secretary of State in connection with the provision of those services,

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).

(2)The information may—

(a)be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part, and

(b)be supplied to a qualifying person for use for those purposes.

(3)In subsection (2), “qualifying person” means—

(a)in the case of information held by the Secretary of State—

(i)a person providing services to the Secretary of State, or

(ii)the Scottish Ministers or a person providing services to the Scottish Ministers, or

(b)in the case of information held by a person providing services to the Secretary of State—

(i)the Secretary of State or another person providing services to the Secretary of State, or

(ii)the Scottish Ministers or a person providing services to the Scottish Ministers.

(4)Subsection (5) applies to information which is held—

(a)by the Secretary of State or the Scottish Ministers, or

(b)by a person providing services to the Secretary of State or the Scottish Ministers in connection with provision of those services,

for the purposes of, or for any purpose connected with, the exercise of functions under this Part.

(5)The information may—

(a)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

(b)be supplied to a qualifying person for use for those purposes.

(6)In subsection (5), “qualifying person” means—

(a)in the case of information held by the Secretary of State, a person providing services to the Secretary of State,

(b)in the case of information held by the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State,

(c)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,

(d)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.

Commencement Information

I194S. 161 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

I195S. 161 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

Payments to hospitals or ambulance trustsE+W+S

162Payment of NHS charges to hospitals or ambulance trustsE+W+S

(1)If the Secretary of State receives or the Scottish Ministers receive a payment of relevant NHS charges under section 150(2)—

(a)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,

(b)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,

(c)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,

(d)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.

(2)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).

(3)Regulations under this section may—

(a)make provision for the manner in which and intervals at which any payments due under this section are to be made,

(b)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).

(4)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.

(5)Any amounts received under this section by the relevant ambulance trusts concerned must be used for the purposes of NHS ambulance services.

(6)In this section—

“relevant ambulance trust”—
(a)
in relation to England or Wales, means—
(i)
the National Health Service trust established under [F51section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006], or
(ii)
the NHS foundation trust,
which is designated by the Secretary of State for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment,
(b)
in relation to Scotland, means the Special Health Board, established under section 2(1)(b) of the 1978 Act, which is designated by the Scottish Ministers for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment;
“responsible body” has the meaning given in section 160(4).

Textual Amendments

F51Words in s. 162(6) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 249 (with Sch. 3 Pt. 1)

Commencement Information

I196S. 162 partly in force; s. 162 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I197S. 162 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)

I198S. 162 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

Miscellaneous and generalE+W+S

163Regulations governing lump sums, periodical payments etcE+W+S

(1)Regulations may make provision (including provision modifying this Part)—

(a)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,

(b)for cases to which section 150(2) applies in which an agreement is entered into for the making of—

(i)periodical compensation payments (whether of an income or capital nature), or

(ii)periodical compensation payments and lump sum compensation payments,

(c)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.

(2)Regulations made by virtue of subsection (1)(a) may (among other things) provide—

(a)for giving credit for amounts already paid, and

(b)for the payment by any person of any balance or the recovery from any person of any excess.

(3)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—

(a)for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment,

(b)for application for, and issue of, certificates.

Commencement Information

I199S. 163 partly in force; s. 163 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I200S. 163 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I201S. 163(1)(2) in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(b)

164Liability of insurersE+W+S

(1)If a compensation payment is made in a case where—

(a)a person is liable to any extent in respect of the injury, and

(b)the liability is covered to any extent by a policy of insurance,

the policy is also to be treated as covering any liability of that person under section 150(2).

(2)Liability imposed on the insurer by subsection (1) cannot be excluded or restricted.

(3)For that purpose excluding or restricting liability includes—

(a)making the liability or its enforcement subject to restrictive or onerous conditions,

(b)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

(c)excluding or restricting rules of evidence or procedure.

(4)Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by subsection (1).

(5)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.

(6)References in this section to policies of insurance and their issue include references to contracts of insurance and their making.

Commencement Information

I202S. 164 partly in force; s. 164 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I203S. 164 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)

I204S. 164 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(c)

165Power to apply Part 3 to treatment at non-health service hospitalsE+W+S

(1)Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—

(a)a person makes a compensation payment as mentioned in section 150(1)(a), but

(b)the person to or in respect of whom the payment is made has—

(i)received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,

(ii)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

(iii)received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),

(subject to subsection (2)).

(2)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.

(3)In subsection (1), “NHS arrangement” means an arrangement or agreement between—

(a)the hospital in question or a body responsible for it, and

(b)any of the following—

(i)a Primary Care Trust,

(ii)a National Health Service trust established under [F52section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006] or section 12A of the 1978 Act,

(iii)a Local Health Board,

(iv)a Health Board or Special Health Board established under section 2 of the 1978 Act, or

(v)an NHS foundation trust.

(4)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.

(5)In this section “qualifying hospital” means a hospital (within the meaning of [F53section 275(1) of the 2006 Act] or section 108(1) of the 1978 Act) which is not a health service hospital.

Textual Amendments

F52Words in s. 165(3)(b)(ii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 250(a) (with Sch. 3 Pt. 1)

F53Words in s. 165(5) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 250(b) (with Sch. 3 Pt. 1)

Commencement Information

I205S. 165 partly in force; s. 165 in force at Royal Assent for certain purposes, see s. 199(1)(4)

166The CrownE+W+S

This Part binds the Crown.

Commencement Information

I206S. 166 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(d)

I207S. 166 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(b)

167RegulationsE+W+S

(1)Any power to make regulations conferred by this Part is exercisable—

(a)in relation to England and Wales, by the Secretary of State; and

(b)in relation to Scotland, by the Scottish Ministers.

(2)Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.

Commencement Information

I208S. 167 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(b)

I209S. 167 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(d)

168Interpretation of Part 3E+W+S

In this Part—

“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);
“compensation payment” has the meaning given in section 150;
“health service hospital” means a health service hospital within the meaning of [F54the 2006 Act, the National Health Service (Wales) Act 2006] or the 1978 Act;
“injured person” has the meaning given in section 150(1);
“NHS ambulance services” means ambulance services provided under [F55section 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;
“NHS treatment” has the meaning given in section 150(7);
“prescribed” means prescribed by regulations.

Textual Amendments

F54Words in s. 168 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 251(a) (with Sch. 3 Pt. 1)

F55Words in s. 168 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 251(b) (with Sch. 3 Pt. 1)

Commencement Information

I210S. 168 partly in force; s. 168 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I211S. 168 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(b)

I212S. 168 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(d)

169Consequential and minor repealsE+W+S

(1)The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.

(2)In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.

Commencement Information

I213S. 169 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(d)

I214S. 169 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 3(1) (with art. 4)

Part 4E+WDental and medical services

Primary dental servicesE+W

F56170Provision of primary dental servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Ss. 170-172 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F56171Dental public healthE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Ss. 170-172 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F56172General dental services contractsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Ss. 170-172 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

173General dental services: transitionalE+W

(1)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).

(2)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.

(3)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.

(4)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.

(5)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.

(6)In this section—

“appropriate authority” means—
(a)
the Secretary of State, in relation to England; and
(b)
the Assembly, in relation to Wales;
“general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).

Commencement Information

I215S. 173 partly in force; s. 173 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I216S. 173 in force at 1.12.2005 for E. by S.I. 2005/2925, art. 5(1)(c)

I217S. 173 in force at 15.2.2006 for W. in so far as not already in force by S.I. 2006/345, art. 3(1)(b)

Primary medical servicesE+W

F57174Provision of primary medical servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Ss. 174, 175 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F57175General medical services contractsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Ss. 174, 175 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

176General medical services: transitionalE+W

(1)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).

(2)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.

(5)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.

(6)In this section—

“appropriate authority” means—
(a)
the Secretary of State, in relation to England; and
(b)
the Assembly, in relation to Wales;
“general medical services contract” means a contract under section 28Q of the 1977 Act (as inserted by section 175).

Commencement Information

I218S. 176 partly in force; s. 176 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I219S. 176 in force at 3.2.2004 for E. by S.I. 2004/288, art. 3(1)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I220S. 176 in force at 28.2.2004 for W. by S.I. 2004/480, art. 3(1)(b) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Primary dental and medical services: supplementaryE+W

F58177Arrangements under section 28C of the 1977 ActE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F58178Abolition of pilot schemesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F58179Persons performing primary medical and dental servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F58180Assistance and supportE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Dental services: miscellaneousE+W

F58181Abolition of Dental Practice BoardE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F58182Special Health AuthoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F58183Charges for dental servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Ss. 177-183 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

GeneralE+W

184Minor and consequential amendmentsE+W

Schedule 11 (which contains minor and consequential amendments relating to this Part) has effect.

Commencement Information

I221S. 184 in force at 3.2.2004 for specified purposes for E. by S.I. 2004/288, art. 3(1)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I222S. 184 in force at 3.2.2004 for specified purposes for E. by S.I. 2004/288, art. 2(1)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I223S. 184 in force at 3.2.2004 for specified purposes for E. by S.I. 2004/288, art. 2(1)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I224S. 184 in force at 28.2.2004 for specified purposes for W. by S.I. 2004/480, art. 2(1)(b) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I225S. 184 in force at 28.2.2004 for specified purposes for W. by S.I. 2004/480, art. 2(1)(f) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I226S. 184 in force at 28.2.2004 for specified purposes for W. by S.I. 2004/480, art. 2(1)(c) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I227S. 184 in force at 28.2.2004 for specified purposes for W. by S.I. 2004/480, art. 3(1)(c) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I228S. 184 in force at 1.3.2004 for specified purposes for E. by S.I. 2004/288, art. 2(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I229S. 184 in force at 1.3.2004 for specified purposes for E. by S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I230S. 184 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(c) (with art. 3)

I231S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 4(1)(b)

I232S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 5(1)(e)

I233S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 4(1)(c)

I234S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 6(1)(b)

I235S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 3(1)(d)

I236S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 2(1)(b)

I237S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(b)

I238S. 184 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(1)

Part 5 U.K.Miscellaneous

Welfare Food SchemesU.K.

185Replacement of the Welfare Food Schemes: Great BritainE+W+S

(1)In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—

“13Benefits under schemes for improving nutrition: pregnant women, mothers and children

(1)Regulations may establish one or more schemes to provide benefits for prescribed descriptions of—

(a)pregnant women,

(b)mothers, and

(c)children,

with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description.

(2)Before establishing, or varying, a scheme the Secretary of State must consult the Scottish Ministers and the National Assembly for Wales (“the Assembly”).

(3)A scheme may, in particular, specify requirements that must be satisfied—

(a)before a person may become entitled to a benefit;

(b)for a beneficiary to remain entitled to a continuing benefit.

(4)A scheme may also include provision—

(a)for a benefit to consist of food of a prescribed description being provided by—

(i)a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme;

(ii)a person providing a service (such as day care) for the recipient of the benefit; or

(iii)a health service body;

(b)for the use of vouchers, or similar arrangements, in connection with the provision of benefits;

(c)that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme;

(d)for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme;

(e)for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme;

(f)for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme;

(g)for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed;

(h)requiring prescribed categories of persons to take reasonable steps to provide—

(i)to a person authorised for the purpose in accordance with the scheme,

(ii)on production, if required, of evidence of his authority,

such information or evidence as may be reasonably needed in connection with administering the scheme.

(5)Provision of a kind mentioned in subsection (4)(h) may, in particular—

(a)require information or evidence to be provided in a legible form;

(b)authorise the taking of copies or making of extracts;

(c)require an explanation by the information provider of anything which he has provided;

(d)require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held.

(6)The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly.

(7)The Secretary of State may give such directions—

(a)to a body administering a scheme (or part of a scheme),

(b)in relation to matters relating to the operation of the scheme (or that part of the scheme),

as he considers appropriate.

(8)The Assembly may, with the agreement of the Secretary of State, give such directions—

(a)to a body administering a scheme (or part of a scheme),

(b)in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales,

as it considers appropriate.

(9)A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed.

(10)The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(11)In this section—

“benefit”, in relation to a scheme, means a benefit under the scheme;
“children” has such meaning as may be prescribed;
“enactment” includes an Act of the Scottish Parliament and a provision made under an enactment;
“food” includes vitamins, minerals and other dietary supplements;
“health service body” has such meaning as may be prescribed;
“information provider” means the person who is required to provide information or, where that person is a body corporate, any person who is, or at any time has been, an officer or employee of the body corporate;
“pregnant” includes recently pregnant;
“prescribed” means prescribed by regulations;
“regulations”, except in subsection (6), means regulations made by the Secretary of State;
“scheme” means a scheme made under this section;
“women” includes persons under the age of 18.”

(2)In section 15A of that Act—

(a)in subsection (2), after the first “instrument” insert “ made by the Secretary of State ”; and

(b)omit subsection (3).

Commencement Information

I239S. 185 partly in force; s. 185 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I240S. 185 in force at 7.10.2005 for specified purposes by S.I. 2005/2278, art. 2(2)(a)

I241S. 185 in force at 27.10.2006 in so far as not already in force by S.I. 2006/2817, art. 2(a)

I242S. 185(1) in force at 12.8.2005 for specified purposes by S.I. 2005/2278, art. 2(1)

186Replacement of the Welfare Food Schemes: Northern IrelandE+W+N.I.

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—

(a)is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)is subject to annulment in pursuance of a resolution of either House of Parliament.

Appointments and employmentU.K.

187Appointments to certain health and social care bodiesU.K.

F59(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Schedule 12 amends certain enactments which provide for appointments to be made to certain bodies by or on the advice of the Privy Council.

F60(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59S. 187(1)-(7) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 56, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F60S. 187(9) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 56, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F61S. 187(10) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 56, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

Commencement Information

I243S. 187 in force at 19.10.2004 by S.I. 2004/2626, art. 2

F62188Appointments to certain health and social care bodies: joint functionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62S. 188 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 57, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

Commencement Information

I244S. 188 in force at 19.10.2004 by S.I. 2004/2626, art. 2

189Validity of clearance for employment in certain NHS postsE+W

(1)In section 7 of the Protection of Children Act 1999 (c. 14) (effect of inclusion of person on lists relating to suitability for child care positions) after subsection (3) there are inserted the following subsections—

“(3A)This section does not apply in relation to an offer of relevant NHS employment if each of the following paragraphs applies in respect of the individual to whom the offer is made—

(a)at the time the offer is made he is employed by an NHS body;

(b)that NHS body has ascertained that he is not included in the list kept under section 1 above or (during the period that he is employed by that body) another NHS body or an employment agency or employment business has ascertained that he is not included in the list;

(c)subsection (1A) (inserted by paragraph 26(2) of Schedule 4 to the Care Standards Act 2000) does not apply to him;

(d)he accepts the offer and for so long as he is employed in the employment to which the offer relates paragraph (c) applies.

(3B)Relevant NHS employment is employment in a child care position with an NHS body.

(3C)Each of the following is an NHS body—

(a)a National Health Service trust;

(b)a Strategic Health Authority;

(c)an NHS foundation trust;

(d)a Health Authority;

(e)a Local Health Board;

(f)a Special Health Authority;

(g)a Primary Care Trust.”

(2)In section 89 of the Care Standards Act 2000 (c. 14) (effect of inclusion of person on lists relating to suitability for care positions) after subsection (4) there are inserted the following subsections—

“(4A)This section does not apply in relation to an offer of relevant NHS employment if each of the following paragraphs applies in respect of the individual to whom the offer is made—

(a)at the time the offer is made he is employed by an NHS body;

(b)that NHS body has ascertained that he is not included in the list kept under section 81 above or (during the period that he is employed by that body) another NHS body or an employment agency or employment business has ascertained that he is not included in the list;

(c)subsection (2) does not apply to him;

(d)he accepts the offer and for so long as he is employed in the employment to which the offer relates paragraph (c) applies.

(4B)Relevant NHS employment is employment in a care position with an NHS body.

(4C)Each of the following is an NHS body—

(a)a National Health Service trust;

(b)a Strategic Health Authority;

(c)an NHS foundation trust;

(d)a Health Authority;

(e)a Local Health Board;

(f)a Special Health Authority;

(g)a Primary Care Trust.”

(3)Section 7(3A)(b) of the Protection of Children Act 1999 (c. 14) has effect until the coming into force of paragraph 121 of Schedule 21 to the Education Act 2002 (c. 32) as if for “the list kept under section 1 above” there is substituted “ any of the lists mentioned in subsection (1)(a) ”.

F63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63S. 189(4) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), s. 33, Sch. (with s. 30(2)-(5))

Commencement Information

I245S. 189(1) in force at 1.4.2004 by S.I. 2004/759, art. 11

Public Health Laboratory Service BoardE+W

190Abolition of Public Health Laboratory Service BoardE+W

(1)The Public Health Laboratory Service Board is abolished.

(2)Schedule 13 has effect.

(3)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.

Commencement Information

I246S. 190 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

Other provisionsE+W

Prospective

F64191Loans by Secretary of State to NHS trustsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64S. 191 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F65192Amendment of provision relating to reform of Welsh health authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65S. 192 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Part 6 U.K.Final provisions

193Financial provisionsU.K.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State by virtue of this Act; and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other Act.

194InterpretationU.K.

In this Act—

[F66 “the 2006 Act” means the National Health Service Act 2006];
“the Assembly” means the National Assembly for Wales.

Textual Amendments

F66Words in s. 194 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 252 (with Sch. 3 Pt. 1)

F67195Orders and regulationsU.K.

(1)Any order or regulations under this Act—

(a)may make different provision for different purposes; and

(b)may make incidental, supplementary, consequential, transitory or transitional or saving provision.

(2)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.

(3)Before making any regulations under Part 3 the Secretary of State must consult the Assembly.

(4)Any power to make an order or regulations under this Act is exercisable by statutory instrument.

(5)The Secretary of State may not make a statutory instrument containing—

(a)regulations under section 150(12),

(b)the first regulations made under section 26, 35 or 153(2), or

(c)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),

unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(6)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.

(7)The Scottish Ministers may not make a statutory instrument containing—

(a)regulations under section 150(12),

(b)the first regulations made under section 153(2), or

unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(8)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.

Textual Amendments

F67By SI 2006/1407, Sch. 1 para 14 it is provided that in s. 195(2) the words "or a power to make an order conferred by Part 1" are inserted after "this Act" (the insertion coming into force immediately before the National Health Service Act comes into force); and by 2006 c. 43, Sch. 4 it is provided that in s. 195(1) the same words are repealed (1.3.2007)

196Repeals and revocationsU.K.

The enactments mentioned in Schedule 14 (which include provisions of Acts of the Scottish Parliament) are repealed or revoked to the extent specified.

Commencement Information

I247S. 196 in force at 1.3.2004 for specified purposes for E. by S.I. 2004/288, art. 4(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I248S. 196 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/873, art. 2(e)

I249S. 196 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 6 (with arts. 7-9) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I250S. 196 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 12

I251S. 196 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 13(1)

I252S. 196 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 5(1) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I253S. 196 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(d) (with art. 3)

I254S. 196 in force at 1.4.2005 for specified purposes for E.W. by S.I. 2005/457, art. 2(b)

I255S. 196 in force at 7.10.2005 for specified purposes by S.I. 2005/2278, art. 2(2)(b)

I256S. 196 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(c)

I257S. 196 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 7(1)

I258S. 196 in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 11(1)

I259S. 196 in force at 1.9.2006 for specified purposes for E. by S.I. 2006/1680, art. 3(d)

I260S. 196 in force at 27.10.2006 for specified purposes by S.I. 2006/2817, art. 2(b)

I261S. 196 in force at 29.1.2007 for specified purposes for E.W. by S.I. 2006/3397, art. 3(1) (with art. 4)

I262S. 196 in force at 29.1.2007 for specified purposes for S. by S.S.I. 2007/10, art. 2(2)(e) (with art. 3)

197WalesU.K.

(1)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.

(2)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.

198Isles of ScillyU.K.

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.

199CommencementU.K.

(1)Subject to this section—

(a)the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to 5, and

(b)section 196 and Schedule 14,

shall come into force on such day as the appropriate authority may by order appoint.

(2)The appropriate authority is—

(a)in relation to Part 1, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State;

(b)in relation to Part 2—

(i)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;

(ii)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;

(iii)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

(iv)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;

(c)in relation to Part 3, and section 196 and Schedule 14 so far as relating to that Part—

(i)in relation to England and Wales, the Secretary of State after consulting the Assembly; and

(ii)in relation to Scotland, the Scottish Ministers with the consent of the Secretary of State;

(d)in relation to section 181, and section 196 and Schedule 14 so far as relating to section 181, the Secretary of State;

(e)in relation to the other provisions of Part 4, and section 196 and Schedule 14 so far as relating to those provisions—

(i)in relation to England, the Secretary of State; and

(ii)in relation to Wales, the Assembly;

(f)in relation to Part 5, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State.

(3)Different days may be appointed for different purposes.

(4)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.

200Transitional or transitory provision and savingsU.K.

(1)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.

(2)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.

(3)An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.

(4)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.

201Supplementary and consequential provisionU.K.

(1)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.

(3)An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.

(4)The power under this section is not restricted by any other provision of this Act.

Modifications etc. (not altering text)

C11S. 201 modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 2 para. 1(6)(e) (with Sch. 3 Pt. 1)

202ExtentU.K.

(1)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).

(2)Subject to that and except as provided below this Act extends to England and Wales only.

(3)The following provisions also extend to Scotland—

(a)sections 124 and 125;

(b)Part 3, except for section 163(3);

(c)sections 185, 187 and 188 and Schedule 12;

(d)this Part.

(4)The following provisions also extend to Northern Ireland—

(a)sections 124 and 125;

(b)section 186;

(c)sections 187, 188 and Schedule 12;

(d)this Part.

203Short titleU.K.

This Act may be cited as the Health and Social Care (Community Health and Standards) Act 2003.