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F1Ss. 1-32 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6) of the amending Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s.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

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(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(1) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F3S. 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

F435Conduct of electionsE+W

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Textual Amendments

F4Ss. 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)

F436OffenceE+W

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Textual Amendments

F4Ss. 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)

F437Representative membershipE+W

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Textual Amendments

F4Ss. 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)

F438AuditE+W

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Textual Amendments

F4Ss. 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)

F439General duty of NHS foundation trustsE+W

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Textual Amendments

F4Ss. 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

F440Interpretation of Part 1E+W

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Textual Amendments

F4Ss. 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

F541The Commission for Healthcare Audit and InspectionE+W

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Textual Amendments

F5Ss. 41-44 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 36, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(n), 36

F542The Commission for Social Care InspectionE+W

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Textual Amendments

F5Ss. 41-44 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 36, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(n), 36

F543Transfer of property etc to CHAI and CSCIE+W

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Textual Amendments

F5Ss. 41-44 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 36, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(n), 36

F544Abolition of former regulatory bodiesE+W

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Textual Amendments

F5Ss. 41-44 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 36, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(n), 36

Chapter 2E+WNHS health care: introductory

Modifications etc. (not altering text)

C1Pt. 2 Ch. 2 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)

45Quality in health careE+W

(1)It is the duty of each [F6Welsh] 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 [F7section 275 of the 2006 Act].

[F8(4) In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006. ]

Textual Amendments

F6Word in s. 45(1) inserted (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 37; S.I. 2010/708, art. 13(e)

F7Words 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)

F8S. 45(4) inserted (temp.) (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 5; S.I. 2010/30, art. 2(b)

Modifications etc. (not altering text)

C2S. 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)

C3S. 45 functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Commencement Information

I3S. 45 in force at 1.4.2004 by S.I. 2004/759, art. 9

F946Standards set by Secretary of StateE+W

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Textual Amendments

F9S. 46 repealed (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 38, Sch. 15 Pt. 1; S.I. 2010/708, art. 13(e)(f)

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.

Modifications etc. (not altering text)

C4S. 47(4) functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Commencement Information

I4S. 47 in force at 1.4.2004 by S.I. 2004/873, art. 2(a)

F1047ACode of practice relating to health care associated infectionsE+W

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Textual Amendments

F10Ss. 47A-47C repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 39, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(o), 36

F1047B Consultation etc. E+W

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Textual Amendments

F10Ss. 47A-47C repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 39, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(o), 36

F1047CEffect of code under section 47AE+W

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Textual Amendments

F10Ss. 47A-47C repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 39, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(o), 36

Chapter 3E+WNHS health care: functions of CHAI

Healthcare provided by and for NHS bodiesE+W

F1148IntroductoryE+W

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Textual Amendments

F11Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F1149National performance dataE+W

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Textual Amendments

F1150Annual reviewsE+W

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Textual Amendments

F1151Reviews: England and WalesE+W

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Textual Amendments

F1152Reviews and investigations: EnglandE+W

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Textual Amendments

F1153FailingsE+W

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Textual Amendments

F1153AFailings in connection with code under section 47A: improvement noticesE+W

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Textual Amendments

F1153B Code of practice: action by CHAI following service of improvement notice E+W

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Textual Amendments

F1154Functions relating to Secretary of State and AssemblyE+W

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Textual Amendments

F1155Reviews of dataE+W

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Textual Amendments

F1156Co-ordination of reviewsE+W

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Textual Amendments

Other functionsE+W

F1157Studies as to economy, efficiency etcE+W

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Textual Amendments

F1158Additional functionsE+W

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Textual Amendments

SupplementaryE+W

F1159CriteriaE+W

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Textual Amendments

F1160Provision of materialE+W

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Textual Amendments

F1161Co-operation between CHAI and the regulatorE+W

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Textual Amendments

F1162FeesE+W

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Textual Amendments

F1163Fees: WalesE+W

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Textual Amendments

F1164Reports and informationE+W

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Textual Amendments

F1165Co-operation between CHAI and the Audit CommissionE+W

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Textual Amendments

F1266Right of entryE+W

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Textual Amendments

F12Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F1367Right of entry: supplementaryE+W

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Textual Amendments

F13Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F1468Power to require documents and information etcE+W

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Textual Amendments

F14Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F1569Power to require explanationE+W

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Textual Amendments

F15Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F1669AProvision of information by Auditor General for WalesE+W

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Textual Amendments

F16Ss. 48-69A repealed (1.4.2009 except in relation to ss. 66-69A, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 40, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(p), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

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

Modifications etc. (not altering text)

C5Pt. 2 Ch. 4 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)

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.

[F17(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

F17S. 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

I5S. 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[F18or request another person to 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.

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F18Words in s. 71(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 119(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F19S. 71(3)(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 119(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I6S. 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.

(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.

Commencement Information

I7S. 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.

(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 72 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 72 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 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

I8S. 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.

(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

I9S. 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.

(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

I10S. 75 partly in force; s. 75 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I11S. 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

F2076IntroductoryE+W

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

Textual Amendments

F20Ss. 76-91 repealed (1.4.2009 except in relation to ss. 88-91, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 41, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(q), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F2077Information and adviceE+W

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

Textual Amendments

F2078Review of studies and researchE+W

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

Textual Amendments

F2079Annual reviewsE+W

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

Textual Amendments

F2080Other reviews and investigationsE+W

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

Textual Amendments

F2081FailingsE+W

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

Textual Amendments

Other functionsE+W

F2082Studies as to economy, efficiency etcE+W

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

Textual Amendments

F2083Joint working with Audit CommissionE+W

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

Textual Amendments

F2084Additional functionsE+W

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

Textual Amendments

SupplementaryE+W

F2085CriteriaE+W

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

Textual Amendments

F2086FeesE+W

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

Textual Amendments

F2087Reports and informationE+W

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

Textual Amendments

F2188Right of entryE+W

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

Textual Amendments

F21Ss. 76-91 repealed (1.4.2009 except in relation to ss. 88-91, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 41, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(q), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F2289Right of entry: supplementaryE+W

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

Textual Amendments

F22Ss. 76-91 repealed (1.4.2009 except in relation to ss. 88-91, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 41, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(q), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F2390Power to require information etcE+W

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

Textual Amendments

F23Ss. 76-91 repealed (1.4.2009 except in relation to ss. 88-91, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 41, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(q), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F2491Power to require explanationE+W

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

Textual Amendments

F24Ss. 76-91 repealed (1.4.2009 except in relation to ss. 88-91, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 41, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(q), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F25Chapter 6E+WSocial services: functions of National Assembly for Wales

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

Textual Amendments

F25Pt. 2 Ch. 6 repealed (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 18; S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)

Chapter 7E+WFunctions under the Care Standards Act 2000

Functions of CHAI and CSCIE+W

F26102Transfer of functions to CHAI and CSCIE+W

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

Textual Amendments

F26Ss. 102-104 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 44, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36

F26103General functions of CHAIE+W

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

Textual Amendments

F26Ss. 102-104 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 44, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36

F26104General functions of CSCIE+W

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

Textual Amendments

F26Ss. 102-104 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 44, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36

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

I12S. 105 partly in force; s. 105 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I13S. 105(1) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I14S. 105(1) in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 2(2)

I15S. 105(1) in force at 27.6.2006 for specified purposes for E. by S.I. 2006/1680, art. 2(1)

I16S. 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)

I17S. 105(2) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I18S. 105(3)-(7) in force at 1.4.2006 by S.I. 2005/2925, art. 2(2)

I19S. 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)

I20S. 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

I21S. 106 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I22S. 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

I23S. 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

I24S. 108 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

I25S. 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

I26S. 109 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

Chapter 8E+WOther functions of CSCI

F27110Boarding schools and collegesE+W

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

Textual Amendments

F27S. 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

I27S. 111 in force at 1.4.2004 by S.I. 2004/759, art. 7

I28S. 111 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

F28112Secure training centresE+W

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

Textual Amendments

F28S. 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 [F29(including any function that consists of exercising the function of another person)];

(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 F30[F31... section 33 of the National Health Service (Wales) Act 2006] in relation to the exercise of the health-related functions of a local authority.

F32(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F33(d) the provision of redress by or for a Welsh NHS body under the NHS Redress (Wales) Measure 2008. ]

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

(a)an NHS body;

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)[F35in 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);

[F36(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 [F37the Public Services Ombudsman (Wales) Act 2019] (and to be treated by him as a complaint duly referred to him under [F38section 3(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

F29Words in s. 113(1)(a) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 5(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F30Words in s. 113(1)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 5(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F31Words 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)

F32S. 113(1)(d) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 5(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F33S. 113(2)(d) inserted (7.2.2011) by NHS Redress (Wales) Measure 2008 (nawm 1), ss. 10, 14(3) (with s. 11(7)); S.I. 2011/211, art. 2, Sch.

F34S. 113(3)(b) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 45, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36

F35Words 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)

F36S. 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)

F37Words in s. 113(4)(aa) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 21(a); S.I. 2019/1096, reg. 2

F38Words in s. 113(4)(aa) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 21(b); S.I. 2019/1096, reg. 2

Commencement Information

I29S. 113 partly in force; s. 113 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I30S. 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)

I31S. 113(2)(3)(4) in force at 7.2.2011 for W. in so far as not already in force by S.I. 2011/212, art. 2(a)

114Complaints about social services[F39: England] E+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 [F40section 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 [F41under this section] 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;

F42(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an independent panel established under the regulations;

(d)any other person or body.

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)F44... to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) F45... for him to consider whether to investigate the complaint or matter under that Part [F46(and for the complaint to be treated as satisfying sections 26A and 26B of that Act)];

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F39Words in s. 114 heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(d)

F40Words 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)

F41Words in s. 114(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(a)

F42S. 114(2)(b) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 46, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36

F43S. 114(3)(4) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(b)

F44Words in s. 114(5)(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(c)(i)

F45Words 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)

F46Words in s. 114(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 18; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F47S. 114(5)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(c)(ii)

Commencement Information

I32S. 114 partly in force; s. 114 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I33S. 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)

I34S. 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)

I35S. 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) F48... 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.

Textual Amendments

F48Words in s. 115(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 206

Modifications etc. (not altering text)

C6S. 115 applied by 2006 c. 41, s. 73C(5) (as inserted (27.3.2012 for specified purposes and 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 32, 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))

Commencement Information

I36S. 115 partly in force; s. 115 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I37S. 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)

I38S. 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)

I39S. 115(3) in force at 7.2.2011 for W. in so far as not already in force by S.I. 2011/212, art. 2(b)

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

F49(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49S. 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)

F50S. 116(2)(3) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 207

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

I40S. 117 partly in force; s. 117 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I41S. 117 in force at 30.12.2005 for W. by S.I. 2005/3285, art. 2(1)

I42S. 117(1) in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(a)

I43S. 117(1) in force at 30.12.2005 for E. so far as not already in force by S.I. 2005/2925, art. 8

I44S. 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

I45S. 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

I46S. 119 in force at 1.6.2004 by S.I. 2004/759, art. 7

Chapter 10U.K.Supplementary and general

Joint workingE+W

F51120Co-operation etcE+W

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

Textual Amendments

F51Ss. 120-141 repealed (1.4.2009 except in relation to ss. 136, 137, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 47, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(s), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

Commencement Information

I47S. 120 partly in force; s. 120 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I48S. 120 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 5(2)(a)

F51121Reviews and investigationsE+W

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

Textual Amendments

F51122Joint annual reviewsE+W

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

Textual Amendments

F51123Power to assistE+W

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

Textual Amendments

Arrangements with public authoritiesU.K.

F51124Arrangements with Ministers etc: CHAIU.K.

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

Textual Amendments

F51125Arrangements with Ministers etc: CSCIU.K.

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

Textual Amendments

F51126Arrangements with the Isle of Man and Channel Islands: CHAIE+W

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

Textual Amendments

F51127Arrangements with the Isle of Man and Channel Islands: CSCIE+W

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

Textual Amendments

ReportsE+W

F51128Reports: CHAIE+W

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

Textual Amendments

F51129Reports: CSCIE+W

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

Textual Amendments

Relationship with governmentE+W

F51130Duty to have regard to government policy: CHAIE+W

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

Textual Amendments

F51131Duty to have regard to government policy: CSCIE+W

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

Textual Amendments

F51132Failure in discharge of functions: CHAIE+W

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

Textual Amendments

F51133Failure in discharge of functions: CSCIE+W

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

Textual Amendments

InquiriesE+W

F51134Inquiries: CHAIE+W

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

Textual Amendments

F51135Inquiries: CSCIE+W

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

Textual Amendments

InformationE+W

F52136Disclosure of information obtained by CHAIE+W

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

Textual Amendments

F52Ss. 120-141 repealed (1.4.2009 except in relation to ss. 136, 137, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 47, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(s), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F53137Section 136: defenceE+W

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

Textual Amendments

F53Ss. 120-141 repealed (1.4.2009 except in relation to ss. 136, 137, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 47, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(s), 36; S.I. 2010/807, art. 2(1), Sch. 1 paras. 17, 18 (with Pt. 3)

F51138Information obtained by CHAI: supplementaryE+W

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

Textual Amendments

F51139Information obtained by CSCI: supplementaryE+W

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

Textual Amendments

F51140Code of practice: CHAIE+W

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

Textual Amendments

F51141Code of practice: CSCIE+W

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

Textual Amendments

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 F54... of this Part (other than any function of making regulations);

(ii)its functions exercisable by virtue of [F55section 5(1)(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.

Textual Amendments

F54Words in s. 142(a)(i) omitted (29.4.2019) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 19(a); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)

F55Words in s. 142(a)(ii) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 19(b); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)

Commencement Information

I49S. 142 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

[F56143Use by Welsh Ministers of informationE+W

(1)The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

(2)The functions of the Welsh Ministers referred to in subsection (1) are—

(a)their functions under Chapter 4 of this Part;

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

(d)their functions under section 80 of the Children Act 1989;

(e)their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

(f)any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3)References to functions in subsection (2) do not include functions of making regulations.]

Textual Amendments

F56S. 143 substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 48; S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)

F57S. 143(2)(b) repealed (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 20; S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)

F58144Inquiries: WalesE+W

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

Textual Amendments

F58S. 144 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 49, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

Commencement Information

I50S. 144 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

F59145Co-operation between Assembly and CHAIE+W

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

Textual Amendments

F59S. 145 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 50, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F60145ADuties in connection with the Auditor General for WalesE+W

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

Textual Amendments

F60S. 145A repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 50, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

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

I51S. 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

I52S. 147 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I53S. 147 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

I54S. 147 in force at 11.3.2004 for specified purposes for E. by S.I. 2004/759, art. 4(1)(b)

I55S. 147 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I56S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 9

I57S. 147 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/759, art. 4(2)(b)

I58S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 5(2)(b)

I59S. 147 in force at 1.6.2004 for specified purposes by S.I. 2004/759, art. 8

I60S. 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—

F61...
F62...
“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;
F63...
“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) [F64or section 1 of the Localism Act 2011]; 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
[F65but 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)
F66...
(b)
F67...
(c)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
(ca)
[F68NHS England];
(cb)
[F69an integrated care board;]
(d)
an NHS foundation trust;
(e)
a Special Health Authority performing functions only or mainly in respect of England;
F70...
“health care” has the meaning given by section 45(2);
“local authority”[F71 —
(a)
in relation to England,] has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
(b)
[F72in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014]
F73...
“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 [F74the 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;
[F75“social services functions” in relation to —
(a)
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
(i)
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
(ii)
functions prescribed by regulations under section 135(1)(f) of that Act;
(b)
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;]
“ Welsh local authority social service ” means—
(a)
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

F61Words in s. 148 omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 57; S.I. 2015/841, art. 3(x)

F62Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F63Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F64Words in s. 148 inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 6

F65Words 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)

F66Words in s. 148 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 121(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F67Words in s. 148 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 121(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F68Words in s. 148 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F69Words in s. 148 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F70Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(c), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F71Words in s. 148 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(a)(i)

F72Words in s. 148 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(a)(ii)

F73Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(d), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F74Words 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)

F75Words in s. 148 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 208(b)

Commencement Information

I61S. 148 partly in force; s. 148 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I62S. 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—

[F76(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 [F77section 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)[F78section 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

[F79(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

F76S. 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)

F77Words 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)

F78Words 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)

F79S. 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

I63S. 150 partly in force; s. 150 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I64S. 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)

I65S. 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

I66S. 151 partly in force; s. 151 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I67S. 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)

I68S. 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

I69S. 152 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

I70S. 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).

[F80(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

F80S. 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

I71S. 153 partly in force; s. 153 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I72S. 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)

I73S. 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

I74S. 154 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

I75S. 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 [F81the county court] so orders, the amount demanded is recoverable [F82under section 85 of the County Courts Act 1984] 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.

Textual Amendments

F81Words in s. 155(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F82Words in s. 155(7) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 152 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Commencement Information

I76S. 155 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(a)

I77S. 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

I78S. 156 partly in force; s. 156 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I79S. 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)

I80S. 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 [F83Senior Courts Act 1981],

(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 [F84section 158] 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)F85...and

(d)for the purpose of enabling an appeal against a certificate to be treated as an application for a review under section 156.

Textual Amendments

F83Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F84Words in s. 157(6) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 199(a)

F85S. 157(7)(c) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 199(b)

Commencement Information

I81S. 157 partly in force; s. 157 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I82S. 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)

I83S. 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 [F86the First-tier Tribunal] 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 [F87a 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.

F88(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86Words in s. 158(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(a)

F87Words in s. 158(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(b)

F88S. 158(7) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(c)

Commencement Information

I84S. 158 partly in force; s. 158 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I85S. 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)

I86S. 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)

F89159Appeal to Social Security CommissionerE+W+S

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

Textual Amendments

F89S. 159 omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 201

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.

[F90(h)if the injured person received NHS treatment pursuant to arrangements made by [F91an integrated care board] under section 3 or 3A of the National Health Service Act 2006, [F92the integrated care board].]

(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 [F93section 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 [F94section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006] or section 12A of the 1978 Act, F95...
(ii)
F95...
the trust, and
(b)
in any other case, the body responsible for the management of the hospital.

Textual Amendments

F90S. 160(1)(h) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 122(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F91Words in s. 160(1)(h) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 71(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F92Words in s. 160(1)(h) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 71(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F93Words 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)

F94Words 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)

F95Words in s. 160(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 122(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I87S. 160 partly in force; s. 160 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I88S. 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)

I89S. 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

I90S. 161 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(a)

I91S. 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 [F96section 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

F96Words 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

I92S. 162 partly in force; s. 162 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I93S. 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)

I94S. 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

I95S. 163 partly in force; s. 163 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I96S. 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)

I97S. 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

I98S. 164 partly in force; s. 164 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I99S. 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)

I100S. 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—

F97(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia)[F98NHS England],

[F99(ib)an integrated care board,]

(ii)a National Health Service trust established under [F100section 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 [F101section 275(1) of the 2006 Act] or section 108(1) of the 1978 Act) which is not a health service hospital.

Textual Amendments

F97S. 165(3)(b)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 123(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F98Words in s. 165 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F99S. 165(3)(b)(ib) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 72; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F100Words 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)

F101Words 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

I101S. 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

I102S. 166 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(d)

I103S. 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

I104S. 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)

I105S. 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 [F102the 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 [F103section 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

F102Words 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)

F103Words 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

I106S. 168 partly in force; s. 168 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I107S. 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)

I108S. 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

I109S. 169 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(d)

I110S. 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

F104170Provision of primary dental servicesE+W

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

Textual Amendments

F104Ss. 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)

F104171Dental public healthE+W

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

Textual Amendments

F104Ss. 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)

F104172General dental services contractsE+W

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

Textual Amendments

F104Ss. 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

I111S. 173 partly in force; s. 173 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I112S. 173 in force at 1.12.2005 for E. by S.I. 2005/2925, art. 5(1)(c)

I113S. 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

F105174Provision of primary medical servicesE+W

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

Textual Amendments

F105Ss. 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)

F105175General medical services contractsE+W

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

Textual Amendments

F105Ss. 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

I114S. 176 partly in force; s. 176 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I115S. 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)

I116S. 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

F106177Arrangements under section 28C of the 1977 ActE+W

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

Textual Amendments

F106Ss. 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)

F106178Abolition of pilot schemesE+W

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

Textual Amendments

F106Ss. 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)

F106179Persons performing primary medical and dental servicesE+W

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

Textual Amendments

F106Ss. 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)

F106180Assistance and supportE+W

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

Textual Amendments

F106Ss. 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

F106181Abolition of Dental Practice BoardE+W

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

Textual Amendments

F106Ss. 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)

F106182Special Health AuthoritiesE+W

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

Textual Amendments

F106Ss. 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)

F106183Charges for dental servicesE+W

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

Textual Amendments

F106Ss. 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

I117S. 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)

I118S. 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)

I119S. 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)

I120S. 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)

I121S. 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)

I122S. 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)

I123S. 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)

I124S. 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)

I125S. 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)

I126S. 184 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(c) (with art. 3)

I127S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 4(1)(b)

I128S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 5(1)(e)

I129S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 4(1)(c)

I130S. 184 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 6(1)(b)

I131S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 3(1)(d)

I132S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 2(1)(b)

I133S. 184 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(b)

I134S. 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

I135S. 185 partly in force; s. 185 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I136S. 185 in force at 7.10.2005 for specified purposes by S.I. 2005/2278, art. 2(2)(a)

I137S. 185 in force at 27.10.2006 in so far as not already in force by S.I. 2006/2817, art. 2(a)

I138S. 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.

F107(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(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.

F108(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107S. 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.

F108S. 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.

F109S. 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

I139S. 187 in force at 19.10.2004 by S.I. 2004/2626, art. 2

F110188Appointments to certain health and social care bodies: joint functionsU.K.

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

Textual Amendments

F110S. 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

I140S. 188 in force at 19.10.2004 by S.I. 2004/2626, art. 2

189Validity of clearance for employment in certain NHS postsE+W

F111(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111S. 189(1)-(3) repealed (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch. (with arts. 5-7) (as amended (30.3.2010) by S.I. 2010/1101, arts. 6-11)

F112S. 189(4) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), s. 33, Sch. (with s. 30(2)-(5))

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

I141S. 190 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

Other provisionsE+W

Prospective

F113191Loans by Secretary of State to NHS trustsE+W

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

Textual Amendments

F113S. 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)

F114192Amendment of provision relating to reform of Welsh health authoritiesE+W

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

Textual Amendments

F114S. 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—

[F115 “the 2006 Act” means the National Health Service Act 2006];
“the Assembly” means the National Assembly for Wales.

Textual Amendments

F115Words 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)

F116195Orders 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

F116By 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

I142S. 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)

I143S. 196 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/873, art. 2(e)

I144S. 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)

I145S. 196 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 12

I146S. 196 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 13(1)

I147S. 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)

I148S. 196 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(d) (with art. 3)

I149S. 196 in force at 1.4.2005 for specified purposes for E.W. by S.I. 2005/457, art. 2(b)

I150S. 196 in force at 7.10.2005 for specified purposes by S.I. 2005/2278, art. 2(2)(b)

I151S. 196 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(c)

I152S. 196 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 7(1)

I153S. 196 in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 11(1)

I154S. 196 in force at 1.9.2006 for specified purposes for E. by S.I. 2006/1680, art. 3(d)

I155S. 196 in force at 27.10.2006 for specified purposes by S.I. 2006/2817, art. 2(b)

I156S. 196 in force at 29.1.2007 for specified purposes for E.W. by S.I. 2006/3397, art. 3(1) (with art. 4)

I157S. 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)

I158S. 196 in force at 1.8.2014 for specified purposes for W. by S.I. 2014/1793, art. 2

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)

C7S. 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.