Health and Social Care (Community Health and Standards) Act 2003

1. Introductory Text

2. Part 1 NHS foundation trusts

   1. Introductory

      1. 1. NHS foundation trusts

      2. 2. Independent Regulator of NHS Foundation Trusts

      3. 3. General duty of regulator

   2. Authorisation

      1. 4. Applications by NHS trusts

      2. 5. Other applications

      3. 6. Authorisation of NHS foundation trusts

      4. 7. Effect of authorisation

      5. 8. Amendments of constitution

      6. 9. Variation of authorisation

      7. 10. Register of NHS foundation trusts

   3. Financial matters

      1. 11. Power of Secretary of State to give financial assistance

      2. 12. Prudential borrowing code

      3. 13. Public dividend capital

   4. Functions

      1. 14. Authorised services

      2. 15. Private health care

      3. 16. Protection of property

      4. 17. Financial powers

      5. 18. General powers

      6. 19. Information

      7. 20. Entry and inspection of premises

      8. 21. Fees

      9. 22. Trust funds and trustees

   5. Failure

      1. 23. Failing NHS foundation trusts

      2. 24. Voluntary arrangements

      3. 25. Dissolution etc.

      4. 26. Sections 24 and 25: supplementary

   6. Mergers

      1. 27. Mergers

      2. 28. Section 27: supplementary

   7. Co-operation

      1. 29. Co-operation between NHS bodies

   8. Patient and public involvement

      1. 30. Public involvement and consultation

      2. 31. Patients' Forums

      3. 32. Commission for Patient and Public Involvement in Health

   9. Miscellaneous

      1. 33. Taxation

      2. 34. Other amendments relating to NHS foundation trusts

      3. 35. Conduct of elections

      4. 36. Offence

      5. 37. Representative membership

      6. 38. Audit

      7. 39. General duty of NHS foundation trusts

   10. Supplementary

       1. 40. Interpretation of Part 1

3. Part 2 Standards

   1. Chapter 1 Regulatory bodies

      1. 41. The Commission for Healthcare Audit and Inspection

      2. 42. The Commission for Social Care Inspection

      3. 43. Transfer of property etc to CHAI and CSCI

      4. 44. Abolition of former regulatory bodies

   2. Chapter 2 NHS health care: introductory

      1. 45. Quality in health care

      2. 46. Standards set by Secretary of State

      3. 47. Standards set by Assembly

      4. 47A. Code of practice relating to health care associated infections

      5. 47B. Consultation etc.

      6. 47C. Effect of code under section 47A

   3. Chapter 3 NHS health care: functions of CHAI

      1. Healthcare provided by and for NHS bodies

         1. 48. Introductory

         2. 49. National performance data

         3. 50. Annual reviews

         4. 51. Reviews: England and Wales

         5. 52. Reviews and investigations: England

         6. 53. Failings

         7. 53A. Failings in connection with code under section 47A: improvement notices

         8. 53B. Code of practice: action by CHAI following service of improvement notice

         9. 54. Functions relating to Secretary of State and Assembly

         10. 55. Reviews of data

         11. 56. Co-ordination of reviews

      2. Other functions

         1. 57. Studies as to economy, efficiency etc

         2. 58. Additional functions

      3. Supplementary

         1. 59. Criteria

         2. 60. Provision of material

         3. 61. Co-operation between CHAI and the regulator

         4. 62. Fees

         5. 63. Fees: Wales

         6. 64. Reports and information

         7. 65. Co-operation between CHAI and the Audit Commission

         8. 66. Right of entry

         9. 67. Right of entry: supplementary

         10. 68. Power to require documents and information etc

         11. 69. Power to require explanation

         12. 69A. Provision of information by Auditor General for Wales

   4. Chapter 4 NHS health care: functions of National Assembly for Wales

      1. Reviews and investigations

         1. 70. Reviews and investigations relating to Wales

         2. 71. Reporting to Secretary of State and regulator

      2. Ancillary powers

         1. 72. Right of entry

         2. 73. Right of entry: supplementary

         3. 74. Power to require documents and information

         4. 75. Power to require explanation

   5. Chapter 5 Social services: functions of CSCI

      1. Provision of social services

         1. 76. Introductory

         2. 77. Information and advice

         3. 78. Review of studies and research

         4. 79. Annual reviews

         5. 80. Other reviews and investigations

         6. 81. Failings

      2. Other functions

         1. 82. Studies as to economy, efficiency etc

         2. 83. Joint working with Audit Commission

         3. 84. Additional functions

      3. Supplementary

         1. 85. Criteria

         2. 86. Fees

         3. 87. Reports and information

         4. 88. Right of entry

         5. 89. Right of entry: supplementary

         6. 90. Power to require information etc

         7. 91. Power to require explanation

   6. Chapter 6 Social services: functions of National Assembly for Wales

      1. Provision of social services

         1. 92. General function

         2. 93. Reviews of studies and research

         3. 94. Reviews and investigations

         4. 95. Studies as to economy, efficiency etc

         5. 96. Additional functions

         6. 97. General considerations

      2. Ancillary powers

         1. 98. Right of entry

         2. 99. Right of entry: supplementary

         3. 100. Power to require information

         4. 101. Power to require explanation

   7. Chapter 7 Functions under the Care Standards Act 2000

      1. Functions of CHAI and CSCI

         1. 102. Transfer of functions to CHAI and CSCI

         2. 103. General functions of CHAI

         3. 104. General functions of CSCI

         4. 105. Fees

      2. Miscellaneous

         1. 106. Meaning of “independent medical agency”

         2. 107. Children’s homes providing secure accommodation

         3. 108. Information and inspection

         4. 109. Assembly: duties relating to children

   8. Chapter 8 Other functions of CSCI

      1. 110. Boarding schools and colleges

      2. 111. Boarding schools and colleges: reports

      3. 112. Secure training centres

   9. Chapter 9 Complaints

      1. 113. Complaints about health care

      2. 114. Complaints about social services

      3. 115. Complaints regulations: supplementary

      4. 116. Further consideration of representations under the Children Act 1989

      5. 117. Representations relating to special guardianship support services

      6. 118. Complaints about handling of complaints

      7. 119. Complaints: data protection

   10. Chapter 10 Supplementary and general

       1. Joint working

          1. 120. Co-operation etc

          2. 121. Reviews and investigations

          3. 122. Joint annual reviews

          4. 123. Power to assist

       2. Arrangements with public authorities

          1. 124. Arrangements with Ministers etc: CHAI

          2. 125. Arrangements with Ministers etc: CSCI

          3. 126. Arrangements with the Isle of Man and Channel Islands: CHAI

          4. 127. Arrangements with the Isle of Man and Channel Islands: CSCI

       3. Reports

          1. 128. Reports: CHAI

          2. 129. Reports: CSCI

       4. Relationship with government

          1. 130. Duty to have regard to government policy: CHAI

          2. 131. Duty to have regard to government policy: CSCI

          3. 132. Failure in discharge of functions: CHAI

          4. 133. Failure in discharge of functions: CSCI

       5. Inquiries

          1. 134. Inquiries: CHAI

          2. 135. Inquiries: CSCI

       6. Information

          1. 136. Disclosure of information obtained by CHAI

          2. 137. Section 136: defence

          3. 138. Information obtained by CHAI: supplementary

          4. 139. Information obtained by CSCI: supplementary

          5. 140. Code of practice: CHAI

          6. 141. Code of practice: CSCI

       7. Wales: supplementary

          1. 142. Annual reports of Assembly

          2. 143. Use by Assembly of information

          3. 144. Inquiries: Wales

          4. 145. Co-operation between Assembly and CHAI

          5. 145A. Duties in connection with the Auditor General for Wales

       8. General

          1. 146. Offences by bodies corporate

          2. 147. Minor and consequential amendments

          3. 148. Interpretation of Part 2

          4. 149. References to the provision of health care

4. Part 3 Recovery of NHS charges

   1. NHS charges

      1. 150. Liability to pay NHS charges

   2. Certificates of NHS charges

      1. 151. Applications for certificates of NHS charges

      2. 152. Section 151: supplementary

      3. 153. Information contained in certificates

   3. Recovery of NHS charges

      1. 154. Payment of NHS charges

      2. 155. Recovery of NHS charges

   4. Review and appeal

      1. 156. Review of certificates

      2. 157. Appeal against a certificate or a waiver decision

      3. 158. Appeal tribunals

      4. 159. Appeal to Social Security Commissioner

   5. Information

      1. 160. Provision of information

      2. 161. Use of information held by the Secretary of State or the Scottish Ministers etc.

   6. Payments to hospitals or ambulance trusts

      1. 162. Payment of NHS charges to hospitals or ambulance trusts

   7. Miscellaneous and general

      1. 163. Regulations governing lump sums, periodical payments etc

      2. 164. Liability of insurers

      3. 165. Power to apply Part 3 to treatment at non-health service hospitals

      4. 166. The Crown

      5. 167. Regulations

      6. 168. Interpretation of Part 3

      7. 169. Consequential and minor repeals

5. Part 4 Dental and medical services

   1. Primary dental services

      1. 170. Provision of primary dental services

      2. 171. Dental public health

      3. 172. General dental services contracts

      4. 173. General dental services: transitional

   2. Primary medical services

      1. 174. Provision of primary medical services

      2. 175. General medical services contracts

      3. 176. General medical services: transitional

   3. Primary dental and medical services: supplementary

      1. 177. Arrangements under section 28C of the 1977 Act

      2. 178. Abolition of pilot schemes

      3. 179. Persons performing primary medical and dental services

      4. 180. Assistance and support

   4. Dental services: miscellaneous

      1. 181. Abolition of Dental Practice Board

      2. 182. Special Health Authorities

      3. 183. Charges for dental services

   5. General

      1. 184. Minor and consequential amendments

6. Part 5 Miscellaneous

   1. Welfare Food Schemes

      1. 185. Replacement of the Welfare Food Schemes: Great Britain

      2. 186. Replacement of the Welfare Food Schemes: Northern Ireland

   2. Appointments and employment

      1. 187. Appointments to certain health and social care bodies

      2. 188. Appointments to certain health and social care bodies: joint functions

      3. 189. Validity of clearance for employment in certain NHS posts

   3. Public Health Laboratory Service Board

      1. 190. Abolition of Public Health Laboratory Service Board

   4. Other provisions

      1. 191. Loans by Secretary of State to NHS trusts

      2. 192. Amendment of provision relating to reform of Welsh health authorities

7. Part 6 Final provisions

   1. 193. Financial provisions

   2. 194. Interpretation

   3. 195. Orders and regulations

   4. 196. Repeals and revocations

   5. 197. Wales

   6. 198. Isles of Scilly

   7. 199. Commencement

   8. 200. Transitional or transitory provision and savings

   9. 201. Supplementary and consequential provision

   10. 202. Extent

   11. 203. Short title

8. SCHEDULES

   1. SCHEDULE 1

      Constitution of public benefit corporations

      1. Requirement for a constitution

         1. 1. (1) A public benefit corporation is to have a constitution....

         2. 2. The constitution is to name the corporation and, if the...

      2. Eligibility for membership

         1. 3. (1) The persons who may become or continue as members...

      3. Constituencies

         1. 4. (1) Members of a public benefit corporation are referred to...

         2. 5. The constitution is to require a minimum number of members...

      4. Becoming a member

         1. 6. (1) An individual who is eligible to become a member...

      5. Board of Governors

         1. 7. (1) A public benefit corporation is to have a board...

         2. 8. (1) The following may not become or continue as members...

         3. 9. (1) More than half of the members of the board...

         4. 10. (1) An elected member of the board of governors may...

         5. 11. The corporation may pay travelling and other expenses to members...

         6. 12. The constitution is to provide for the chairman of the...

         7. 13. (1) The constitution is to provide for meetings of the...

         8. 14. (1) The constitution is to make provision as to—

      6. Directors

         1. 15. (1) A public benefit corporation is to have a board...

         2. 16. (1) The board is to consist of—

         3. 17. (1) It is for the board of governors at a...

         4. 18. (1) It is for the board of governors at a...

      7. Initial directors of former NHS trusts

         1. 19. (1) This paragraph applies, where the application for authorisation is...

      8. Register of members etc.

         1. 20. (1) A public benefit corporation is to have—

         2. 21. The constitution is to make provision for dealing with conflicts...

         3. 22. (1) A public benefit corporation is to make the following...

      9. Auditor

         1. 23. (1) A public benefit corporation is to have an auditor....

      10. Accounts

          1. 24. (1) A public benefit corporation is to keep accounts in...

          2. 25. (1) A public benefit corporation is to prepare in respect...

      11. Annual reports and forward plans

          1. 26. (1) A public benefit corporation is to prepare annual reports...

          2. 27. (1) A public benefit corporation is to give information as...

      12. Meeting of board of governors to consider annual accounts and reports

          1. 28. The following documents are to be presented to the board...

      13. Instruments etc.

          1. 29. (1) The constitution is to make provision for the authentication...

   2. SCHEDULE 2

      Independent Regulator of NHS Foundation Trusts

      1. Membership

         1. 1. (1) The regulator is to consist of a number of...

      2. Tenure of office

         1. 2. (1) A person is to hold and vacate office as...

      3. Remuneration and pensions

         1. 3. (1) The regulator is to pay to the chairman—

      4. Staff

         1. 4. The regulator may, after consulting the Minister for the Civil...

      5. Superannuation

         1. 5. (1) Sub-paragraph (2) applies where— (a) a person is an...

      6. Procedure

         1. 6. (1) The regulator may regulate its own procedure and make...

      7. Delegation of functions

         1. 7. Anything which the regulator is authorised or required to do...

      8. General powers

         1. 8. (1) The regulator may do anything which appears to it...

      9. Specific powers

         1. 9. (1) The regulator may with the consent of the Secretary...

      10. Finance

          1. 10. The Secretary of State may make contributions towards the regulator’s...

      11. Reports and other information

          1. 11. (1) As soon as possible after the end of each...

          2. 12. (1) The regulator must keep accounts in such form as...

          3. 13. The regulator must respond in writing to any recommendation which—...

      12. Seal and evidence

          1. 14. The application of the regulator’s seal is to be authenticated...

          2. 15. A document purporting to be duly executed under the regulator’s...

      13. General

          1. 16. (1) The regulator is not to be regarded as the...

      14. Amendments

          1. 17. In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....

          2. 18. In Part 3 of Schedule 1 to the House of...

          3. 19. In Part 3 of Schedule 1 to the Northern Ireland...

   3. SCHEDULE 3

      Transfer of staff

      1. 1. An order under section 25(3) may provide for the transfer...

      2. 2. The contract of employment of an employee transferred under such...

      3. 3. Where an employee is so transferred— (a) all the rights,...

      4. 4. But if the employee informs the trust or the proposed...

      5. 5. This Schedule does not prejudice any right of an employee...

      6. 6. In this Schedule, “date of transfer” means the date decided...

   4. SCHEDULE 4

      Amendments relating to NHS foundation trusts

      1. The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

         1. 1. The Voluntary Hospitals (Paying Patients) Act 1936 is amended as...

         2. 2. In section 1 (definitions), in the definition of “voluntary hospital”,...

      2. The National Assistance Act 1948 (c. 29)

         1. 3. The National Assistance Act 1948 is amended as follows.

         2. 4. In section 24 (authority liable for provision of accommodation), in...

      3. The Public Records Act 1958 (c. 51)

         1. 5. The Public Records Act 1958 is amended as follows.

         2. 6. In Schedule 1 (definition of public records), in the Table...

      4. The Human Tissue Act 1961 (c. 54)

         1. 7. The Human Tissue Act 1961 is amended as follows.

         2. 8. In section 1 (removal of parts of bodies for medical...

      5. The Abortion Act 1967 (c. 87)

         1. 9. The Abortion Act 1967 is amended as follows.

         2. 10. In section 1 (medical termination of pregnancy), in subsection (3),...

      6. The Leasehold Reform Act 1967 (c. 88)

         1. 11. The Leasehold Reform Act 1967 is amended as follows.

         2. 12. In section 28 (retention or assumption of land required for...

      7. The Health Services and Public Health Act 1968 (c. 46)

         1. 13. The Health Services and Public Health Act 1968 is amended...

         2. 14. In section 63 (provisions of instruction for officers of hospital...

      8. The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

         1. 15. The Employers' Liability (Compulsory Insurance) Act 1969 is amended as...

         2. 16. In section 3 (employers exempted from insurance), in subsection (2)(a),...

      9. The Local Government Act 1972 (c. 70)

         1. 17. The Local Government Act 1972 is amended as follows.

         2. 18. In section 113 (placing of staff of local authorities at...

      10. The House of Commons Disqualification Act 1975 (c. 24)

          1. 19. The House of Commons Disqualification Act 1975 is amended as...

          2. 20. In Part 3 of Schedule 1 (disqualifying offices), there is...

      11. The Race Relations Act 1976 (c. 74)

          1. 21. The Race Relations Act 1976 is amended as follows.

          2. 22. In Schedule 1A (bodies and other persons subject to general...

      12. The National Health Service Act 1977 (c. 49)

          1. 23. The 1977 Act is amended as follows.

          2. 24. In section 18A (provision of services etc. by PCTs), in...

          3. 25. In section 22 (co-operation between health authorities and local authorities),...

          4. 26. In section 28 (supply of goods and services by local...

          5. 27. In section 28A (power to make payments towards expenditure on...

          6. 28. In section 63 (hospital accommodation on part payment), in subsection...

          7. 29. In section 65 (accommodation and services for private patients), in...

          8. 30. In section 81 (charges for more expensive supplies), in paragraph...

          9. 31. In section 82 (charges for repairs and replacements in certain...

          10. 32. In section 83A (remission and repayment of charges and payment...

          11. 33. In section 84 (inquiries), in subsection (1), at the end...

          12. 34. In section 91 (private trusts for hospitals), in subsection (3),...

          13. 35. In section 92 (further transfers of trust property)—

          14. 36. In section 96 (trusts: supplementary provisions), any reference to sections...

          15. 37. In section 96A (powers of health bodies to raise money...

          16. 38. In section 103 (special arrangement as to payment of remuneration),...

          17. 39. In section 105 (payments for certain medical examinations), in subsection...

          18. 40. In section 122 (recovery of charges), in subsection (1), after...

          19. 41. In section 125 (protection of members and officers of authorities)—...

          20. 42. In section 128 (interpretation and construction), in subsection (1), in...

          21. 43. In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after...

          22. 44. In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),...

          23. 45. In Schedule 12A (expenditure of Health Authorities and Primary Care...

      13. The Acquisition of Land Act 1981 (c. 67)

          1. 46. (1) An NHS foundation trust may be authorised to purchase...

          2. 47. The Acquisition of Land Act 1981 is amended as follows....

          3. 48. In section 16 (statutory undertakers' land excluded from compulsory purchase),...

          4. 49. In section 17 (local authority and statutory undertakers' land), in...

      14. The Mental Health Act 1983 (c. 20)

          1. 50. The Mental Health Act 1983 is amended as follows.

          2. 51. In section 12 (general provisions as to medical recommendation), in...

          3. 52. In section 19 (regulations as to transfer of patients), in...

          4. 53. In section 23 (discharge of patients)— (a) in subsection (3),...

          5. 54. In section 24 (visiting and examination by patients), in subsection...

          6. 55. In section 32 (regulations for purposes of Part 2), in...

          7. 56. In section 139 (protection for acts done in pursuance of...

          8. 57. In section 145 (interpretation), in subsection (1), after paragraph (bb)...

      15. The National Audit Act 1983 (c. 44)

          1. 58. The National Audit Act 1983 is amended as follows.

          2. 59. In section 6 (public departments etc.), in subsection (3)(b), at...

      16. The Public Health (Control of Disease) Act 1984 (c. 22)

          1. 60. The Public Health (Control of Disease) Act 1984 is amended...

          2. 61. In section 13 (regulations for control of certain diseases), in...

          3. 62. In section 37 (removal to hospital of person with notifiable...

          4. 63. In section 41 (removal to hospital of inmate of common...

      17. The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

          1. 64. The Disabled Persons (Services, Consultation and Representation) Act 1986 is...

          2. 65. In section 2 (rights of authorised representatives of disabled persons),...

          3. 66. In section 7 (persons discharged from hospital), in subsection (9),...

      18. The Company Directors Disqualification Act 1986 (c. 46)

          1. 67. The Company Directors Disqualification Act 1986 is amended as follows....

          2. 68. After section 22B there is inserted— Application of Act to...

      19. The AIDS (Control) Act 1987 (c. 33)

          1. 69. The AIDS (Control) Act 1987 is amended as follows.

          2. 70. In section 1 (periodical reports on matters relating to AIDS...

      20. The Copyright, Designs and Patents Act 1988 (c. 48)

          1. 71. The Copyright, Designs and Patents Act 1988 is amended as...

          2. 72. In section 48 (material communicated to the Crown in the...

      21. The Road Traffic Act 1988 (c. 52)

          1. 73. The Road Traffic Act 1988 is amended as follows.

          2. 74. In section 144 (exceptions from requirement of third-party insurance), in...

      22. The Children Act 1989 (c. 41)

          1. 75. The Children Act 1989 is amended as follows.

          2. 76. In section 24 (persons qualifying for advice and assistance), in...

          3. 77. In section 24C (information), in subsection (2)(c), after “trust” there...

          4. 78. In section 27 (co-operation between authorities), in subsection (3)(d), for...

          5. 79. In section 47 (local authority’s duty to investigate), in subsection...

          6. 80. In section 80 (inspection of children’s homes etc. by persons...

          7. 81. In section 85 (children accommodated by health authorities and local...

          8. 82. In Schedule 2 (local authority support for children and families),...

      23. The National Health Service and Community Care Act 1990 (c. 19)

          1. 83. The 1990 Act is amended as follows.

          2. 84. In section 21 (schemes for meeting losses and liabilities etc....

          3. 85. In Schedule 2 (NHS trusts)— (a) in the case of...

      24. The Town and Country Planning Act 1990 (c. 8)

          1. 86. Sections 238 to 240 of the Town and Country Planning...

      25. The Access to Health Records Act 1990 (c. 23)

          1. 87. The Access to Health Records Act 1990 is amended as...

          2. 88. In section 11 (interpretation), in the definition of “health service...

      26. The Water Industry Act 1991 (c. 56)

          1. 89. The Water Industry Act 1991 is amended as follows.

          2. 90. In Schedule 4A (premises that are not to be disconnected...

      27. The London Local Authorities Act 1991 (c. xiii)

          1. 91. The London Local Authorities Act 1991 is amended as follows....

          2. 92. In section 4 (interpretation of Part 2), in paragraph (d)...

      28. The Health Service Commissioners Act 1993 (c. 46)

          1. 93. The Health Service Commissioners Act 1993 is amended as follows....

          2. 94. In section 2 (the bodies subject to investigation), in subsection...

      29. The Vehicle Excise and Registration Act 1994 (c. 22)

          1. 95. The Vehicle Excise and Registration Act 1994 is amended as...

          2. 96. In Schedule 2 (exempt vehicles), in paragraph 7, after the...

      30. The Value Added Tax Act 1994 (c. 23)

          1. 97. The Value Added Tax Act 1994 is amended as follows....

          2. 98. In Schedule 8 (zero-rating), in the Notes to Group 12,...

      31. The Employment Rights Act 1996 (c. 18)

          1. 99. The Employment Rights Act 1996 is amended as follows.

          2. 100. In section 50 (right to time off for public duties),...

          3. 101. In section 218 (change of employer), in subsection (10), after...

      32. The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

          1. 102. The Housing Grants, Construction and Regeneration Act 1996 is amended...

          2. 103. In section 3 (ineligible applicants), in subsection (2)(f), for “or...

      33. The Education Act 1996 (c. 56)

          1. 104. The Education Act 1996 is amended as follows.

          2. 105. In section 332 (duty of Health Authority, a Primary Care...

      34. The Data Protection Act 1998 (c. 29)

          1. 106. The Data Protection Act 1998 is amended as follows.

          2. 107. In section 69 (meaning of “health professional”), in subsection (3),...

      35. The Health Act 1999 (c. 8)

          1. 108. The Health Act 1999 is amended as follows.

          2. 109. In section 31 (arrangements between NHS bodies and local authorities),...

      36. The Care Standards Act 2000 (c. 14)

          1. 110. The Care Standards Act 2000 is amended as follows.

          2. 111. In section 42 (power to extend the application of Part...

          3. 112. In section 121 (general interpretation), in subsection (1), in the...

      37. The Freedom of Information Act 2000 (c. 36)

          1. 113. The Freedom of Information Act 2000 is amended as follows....

          2. 114. In Part 3 of Schedule 1 (National Health Service), after...

      38. The Health and Social Care Act 2001 (c. 15)

          1. 115. The Health and Social Care Act 2001 is amended as...

          2. 116. In section 7 (functions of overview and scrutiny committees)—

          3. 117. In section 28 (pilot schemes: local pharmaceutical services), in subsection...

          4. 118. In section 33 (NHS contracts), in subsection (1), after “body...

      39. The Anti-terrorism, Crime and Security Act 2001 (c. 24)

          1. 119. The Anti-terrorism, Crime and Security Act 2001 is amended as...

          2. 120. In Schedule 4 (extension of existing disclosure powers), at the...

      40. The International Development Act 2002 (c. 1)

          1. 121. The International Development Act 2002 is amended as follows.

          2. 122. In Schedule 1 (statutory bodies to which section 9 applies),...

      41. The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

          1. 123. The National Health Service Reform and Health Care Professions Act...

          2. 124. In section 23 (joint working with the prison service), in...

      42. The Adoption and Children Act 2002 (c. 38)

          1. 125. The Adoption and Children Act 2002 is amended as follows....

          2. 126. In section 8 (adoption support agencies), in subsection (2)(d), for...

      43. The Nationality, Immigration and Asylum Act 2002 (c. 41)

          1. 127. The Nationality, Immigration and Asylum Act 2002 is amended as...

          2. 128. In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph...

      44. The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

          1. 129. The Community Care (Delayed Discharges etc.) Act 2003 is amended...

          2. 130. In section 1 (meaning of “NHS body” and “qualifying hospital...

   5. SCHEDULE 5

      Audit of accounts of NHS foundation trusts

      1. General duty

         1. 1. In auditing the accounts of any NHS foundation trust an...

      2. Right to documents and information

         1. 2. (1) An auditor of an NHS foundation trust has a...

      3. Reports

         1. 3. In auditing the accounts of an NHS foundation trust, the...

         2. 4. (1) When an auditor of an NHS foundation trust has...

         3. 5. (1) Any report under paragraph 3 must be sent by...

      4. Referral to regulator

         1. 6. If the auditor of an NHS foundation trust has reason...

      5. Audit of accounts of directors or officers

         1. 7. (1) Where a director or officer of an NHS foundation...

      6. Restriction on disclosure of information

         1. 8. (1) No information relating to an NHS foundation trust or...

   6. SCHEDULE 6

      CHAI: supplementary

      1. Status

         1. 1. (1) The CHAI is not to be regarded as the...

      2. General powers and duties

         1. 2. (1) The CHAI may do anything which appears to it...

      3. Chairman and other members

         1. 3. (1) The CHAI is to consist of—

      4. Remuneration of chairman and other members

         1. 4. (1) The CHAI may pay to its chairman, or to...

      5. Employees

         1. 5. (1) The CHAI must appoint a chief executive (to be...

      6. Procedure

         1. 6. (1) The CHAI may— (a) appoint such committees and sub-committees...

      7. Discharge of functions

         1. 7. (1) The CHAI may arrange for— (a) any of its...

      8. Assistance

         1. 8. (1) The CHAI may arrange for such persons as it...

      9. Payments and loans

         1. 9. (1) The Secretary of State may make payments out of...

      10. Accounts

          1. 10. (1) The CHAI must keep its accounts in such form...

      11. Seal and evidence

          1. 11. The application of the seal of the CHAI must be...

          2. 12. A document purporting to be duly executed under the seal...

   7. SCHEDULE 7

      CSCI: supplementary

      1. Status

         1. 1. (1) The CSCI’s property is not to be regarded as...

      2. General powers and duties

         1. 2. (1) The CSCI may do anything which appears to it...

      3. Chairman and other members

         1. 3. (1) The CSCI is to consist of a chairman and...

      4. Remuneration of chairman and other members

         1. 4. (1) The CSCI may pay to its chairman, or to...

      5. Employees

         1. 5. (1) The CSCI must appoint a chief executive (to be...

      6. Procedure

         1. 6. (1) The CSCI may— (a) appoint such committees and sub-committees...

      7. Discharge of functions

         1. 7. (1) The CSCI may arrange for— (a) any of its...

      8. Assistance

         1. 8. (1) The CSCI may arrange for such persons as it...

      9. Payments and loans

         1. 9. (1) The Secretary of State may make payments out of...

      10. Accounts

          1. 10. (1) The CSCI must keep its accounts in such form...

      11. Seal and evidence

          1. 11. The application of the seal of the CSCI must be...

          2. 12. A document purporting to be duly executed under the seal...

   8. SCHEDULE 8

      CHAI and CSCI: transfers of property and staff, etc

      1. Transfer schemes

         1. 1. (1) The Secretary of State may make one or more...

      2. Transfer

         1. 2. The property, rights and liabilities which are the subject of...

      3. Employment

         1. 3. The transfer by paragraph 2 of the rights and liabilities...

         2. 4. (1) Paragraph 2 does not operate to transfer the rights...

         3. 5. For the purposes of this Schedule, where a person holds...

      4. Transitional

         1. 6. (1) Anything done by or in relation to the transferor...

   9. SCHEDULE 9

      Part 2: minor and consequential amendments

      1. Public Records Act 1958 (c. 52)

         1. 1. In Schedule 1 to the Public Records Act 1958 (definition...

      2. Public Bodies (Admission to Meetings) Act 1960 (c. 67)

         1. 2. In the Schedule to the Public Bodies (Admission to Meetings)...

      3. Parliamentary Commissioner Act 1967 (c. 13)

         1. 3. In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

      4. Local Authority Social Services Act 1970 (c. 42)

         1. 4. In the Local Authority Social Services Act 1970, in Schedule...

      5. Superannuation Act 1972 (c. 11)

         1. 5. In Schedule 1 to the Superannuation Act 1972 (kinds of...

         2. 6. The CHAI and the CSCI must each pay to the...

      6. House of Commons Disqualification Act 1975 (c. 24)

         1. 7. In the House of Commons Disqualification Act 1975, in Part...

      7. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

         1. 8. In the Northern Ireland Assembly Disqualification Act 1975, in Part...

      8. National Health Service Act 1977 (c. 49)

         1. 9. In section 19A(2) of the 1977 Act, after paragraph (a)...

      9. Children Act 1989 (c. 41)

         1. 10. (1) The Children Act 1989 has effect subject to the...

      10. Health Service Commissioners Act 1993 (c. 46)

          1. 11. (1) The Health Service Commissioners Act 1993 has effect subject...

      11. Audit Commission Act 1998 (c. 18)

          1. 12. (1) The Audit Commission Act 1998 has effect subject to...

      12. Government of Wales Act 1998 (c. 38)

          1. 13. In Schedule 5 to the Government of Wales Act 1998,...

      13. Protection of Children Act 1999 (c. 14)

          1. 14. In section 2A of the Protection of Children Act 1999,...

      14. Local Government Act 1999 (c. 27)

          1. 15. In section 25(2) of the Local Government Act 1999, for...

      15. Care Standards Act 2000 (c. 14)

          1. 16. The Care Standards Act 2000 has effect subject to the...

          2. 17. In section 5, in paragraph (a), for “the National Care...

          3. 18. (1) Section 8 is amended as follows.

          4. 19. In section 10— (a) subsection (1) is omitted; and

          5. 20. In section 11(4), for “the Commission” substitute “ the CHAI...

          6. 21. In section 23(4)(d), after the second “or” insert “ against...

          7. 22. In section 29(1)— (a) for “the Commission”, in the first...

          8. 23. In section 31— (a) in subsection (6), for “powers” substitute...

          9. 24. In section 36A for “the Commission”, in all places, substitute...

          10. 25. In section 42, at the end insert—

          11. 26. In section 45(4)— (a) omit “Subject to section 47(6)”;

          12. 27. In section 51(1), for the words from “in relation to”...

          13. 28. In section 55(3)(e)— (a) for “the Commission” substitute “ the...

          14. 29. In section 113, after subsection (1) insert—

          15. 30. In section 121, in the Table in subsection (13), insert...

      16. Freedom of Information Act 2000 (c. 36)

          1. 31. In the Freedom of Information Act 2000, in Part 6...

      17. Adoption and Children Act 2002 (c. 38)

          1. 32. In section 99 of the Adoption and Children Act 2002,...

   10. SCHEDULE 10

       Recovery of NHS charges: exempted payments

       1. 1. Any payment made to or for the injured person under—...

       2. 2. Any payment made in the exercise of a discretion out...

       3. 3. Any payment made out of property held for the purposes...

       4. 4. (1) Any payment made to the injured person by an...

       5. 5. Any payment which apart from this paragraph would be made...

       6. 6. Any payment to the extent that it is made—

       7. 7. Any payment to the extent that it is made in...

       8. 8. Any payment of a prescribed description, either generally or in...

   11. SCHEDULE 11

       Part 4: minor and consequential amendments

       1. National Health Service (Amendment) Act 1949 (c. 93)

          1. 1. (1) The National Health Service (Amendment) Act 1949 (which is...

       2. Health Services and Public Health Act 1968 (c. 46)

          1. 2. The Health Services and Public Health Act 1968 has effect...

          2. 3. (1) Section 59 is amended as follows.

          3. 4. In section 63(2)— (a) after paragraph (a) insert—

          4. 5. In section 64(3)(b), after “make arrangements” insert “ or any...

       3. Patents Act 1977 (c. 37)

          1. 6. (1) Section 56(4)(a) of the Patents Act 1977 is amended...

       4. National Health Service Act 1977 (c. 49)

          1. 7. The 1977 Act has effect subject to the following amendments....

          2. 8. In section 3, at the end insert—

          3. 9. In section 15(1)(a), for “general medical services, general dental services”...

          4. 10. In section 16BB(4), at the end insert “ (including functions...

          5. 11. In section 16BC(1), at the end insert “ or sections...

          6. 12. In section 18A(3)— (a) in paragraph (a), omit “general medical,...

          7. 13. (1) Section 26 is amended as follows.

          8. 14. In section 28C(1)(a) and (b), (2)(a) and (b) and (4),...

          9. 15. (1) Section 28D is amended as follows.

          10. 16. In section 28EE(2), for “personal” substitute “ primary ”.

          11. 17. In section 28I(a), for the words from “personal medical services”...

          12. 18. (1) Section 41(1) is amended as follows.

          13. 19. In section 43(1), for “general medical services or general dental...

          14. 20. In section 43D(10)— (a) omit paragraphs (a) and (b);

          15. 21. (1) Section 44 is amended as follows.

          16. 22. (1) Section 45 is amended as follows.

          17. 23. After section 45 insert— Local Medical Committees (1) A Primary Care Trust may recognise a committee formed...

          18. 24. In section 49N(1)— (a) in paragraph (a), for “49F(1)(a) to...

          19. 25. Section 53 (immunisation) shall cease to have effect.

          20. 26. (1) Section 54 (as substituted by the National Health Service...

          21. 27. (1) Section 72 is amended as follows.

          22. 28. In section 77, at the end insert—

          23. 29. In section 78(3), for “paragraphs 2 and 5” substitute “...

          24. 30. In section 83(a), for “to 79” substitute “ and 78...

          25. 31. In section 83A(1)(a), for the words from “section 77(1)” to...

          26. 32. In section 85(1)— (a) insert “ or ” at the...

          27. 33. (1) Section 98 is amended as follows.

          28. 34. In section 99(1)— (a) insert “ and ” at the...

          29. 35. In section 100(1)— (a) insert “ and ” at the...

          30. 36. In section 103(1)(a)— (a) after “in respect of” insert “...

          31. 37. In section 105(2)(a), for the words from “as part of”...

          32. 38. In section 126(4), after “19A(7) above” insert “ , or...

          33. 39. In section 128(1), at the appropriate places in alphabetical order...

          34. 40. (1) In Schedule 7A, paragraph 3 is amended as follows....

          35. 41. In Schedule 8A, in paragraph 1(5), for the words from...

          36. 42. (1) Schedule 9A is amended as follows.

          37. 43. In Schedule 10, in paragraph 3, for “general medical services...

          38. 44. In Schedule 12, in paragraph 1(1)(b), for “accordance with section...

          39. 45. In Schedule 12A, insert “ or ” after paragraphs 1(2)(b),...

       5. National Health Service (Scotland) Act 1978 (c. 29)

          1. 46. (1) Section 17D of the National Health Service (Scotland) Act...

       6. Medical Act 1983 (c. 54)

          1. 47. The Medical Act 1983 is amended as follows.

          2. 48. In section 11(4), in the definition of “medical practice”—

          3. 49. In section 12(2)(a), for “general medical services under Part II...

       7. Dentists Act 1984 (c. 24)

          1. 50. In section 40(2) of the Dentists Act 1984, after paragraph...

       8. Community Health Councils (Access to Information) Act 1988 (c. 24)

          1. 51. In section 1(6) of the Community Health Councils (Access to...

       9. Copyright, Designs and Patents Act 1988 (c. 48)

          1. 52. In section 240(4) of the Copyright, Designs and Patents Act...

       10. Health and Medicines Act 1988 (c. 49)

           1. 53. The Health and Medicines Act 1988 has effect subject to...

           2. 54. In section 12(1)— (a) omit “The Dental Estimates Board shall...

           3. 55. In section 17(1)— (a) omit “29, 36”;

       11. National Health Service and Community Care Act 1990 (c. 19)

           1. 56. (1) Section 18 of the National Health Service and Community...

       12. Access to Health Records Act 1990 (c. 23)

           1. 57. (1) The Access to Health Records Act 1990 is amended...

       13. Water Industry Act 1991 (c. 56)

           1. 58. In Schedule 4A to the Water Industry Act 1991, for...

       14. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

           1. 59. (1) Section 279 of the Trade Union and Labour Relations...

       15. Health Service Commissioners Act 1993 (c. 46)

           1. 60. The Health Service Commissioners Act 1993 has effect subject to...

           2. 61. In section 2— (a) in subsection (1)(c), for the words...

           3. 62. (1) Section 2A is amended as follows.

           4. 63. In section 6(5)— (a) omit “29, 36”;

           5. 64. In section 18(1), after “partly” insert “ or wholly ”....

       16. Employment Rights Act 1996 (c. 18)

           1. 65. (1) Section 43K of the Employment Rights Act 1996 is...

       17. Education Act 1996 (c. 56)

           1. 66. In section 520(1) of the Education Act 1996, for “(1A)”...

       18. Health Act 1999 (c. 8)

           1. 67. In Schedule 3 to the Health Act 1999, in paragraph...

       19. Freedom of Information Act 2000 (c. 36)

           1. 68. In Schedule 1 to the Freedom of Information Act 2000,...

       20. Health and Social Care Act 2001 (c. 15)

           1. 69. The Health and Social Care Act 2001 has effect subject...

           2. 70. Section 18 shall cease to have effect.

           3. 71. In section 28(4), for the words from “personal medical services”...

           4. 72. (1) Schedule 1 is amended as follows.

           5. 73. In Schedule 2, in paragraph 5(2), for paragraphs (c) and...

       21. National Health Service Reform and Health Care Professions Act 2002 (c. 17)

           1. 74. (1) Section 17 of the National Health Service Reform and...

   12. SCHEDULE 12

       Privy Council appointments

       1. Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

          1. 1. (1) The Pharmacy Act 1954 is amended as follows.

       2. Medical Act 1983 (c. 54)

          1. 2. (1) Schedule 1 to the Medical Act 1983 (the General...

       3. Dentists Act 1984 (c. 24)

          1. 3. (1) Schedule 1 to the Dentists Act 1984 (the General...

       4. Opticians Act 1989 (c. 44)

          1. 4.

       5. Osteopaths Act 1993 (c. 21)

          1. 5. In the Schedule to the Osteopaths Act 1993 after paragraph...

       6. Chiropractors Act 1994 (c. 17)

          1. 6. In Schedule 1 to the Chiropractors Act 1994 after paragraph...

       7. The Nursing and Midwifery Order 2001 (S.I. 2002/253)

          1. 7. In Schedule 1 to the Nursing and Midwifery Order 2001...

       8. The Health Professions Order 2001 (S.I. 2002/254)

          1. 8.

   13. SCHEDULE 13

       Amendments consequential on the abolition of the Public Health Laboratory Service Board

       1. Parliamentary Commissioner Act 1967 (c. 13)

          1. 1. In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner...

       2. House of Commons Disqualification Act 1975 (c. 24)

          1. 2. In Part 3 of Schedule 1 to the House of...

       3. Race Relations Act 1976 (c. 74)

          1. 3. In Part 2 of Schedule 1A to the Race Relations...

       4. National Health Service Act 1977 (c. 49)

          1. 4. In the National Health Service Act 1977—

       5. Income and Corporation Taxes Act 1988 (c. 1)

          1. 5. In section 519A(2) of the Income and Corporation Taxes Act...

       6. National Health Service and Community Care Act 1990 (c. 19)

          1. 6. In the National Health Service and Community Care Act 1990—...

       7. Health Service Commissioners Act 1993 (c. 46)

          1. 7. In section 2(1) of the Health Service Commissioners Act 1993...

       8. Employment Rights Act 1996 (c. 18)

          1. 8. In section 218(10) (list of health service employers affected by...

       9. Government of Wales Act 1998 (c. 38)

          1. 9. (1) In Schedule 5 to the Government of Wales Act...

       10. Freedom of Information Act 2000 (c. 36)

           1. 10. In Schedule 1 to the Freedom of Information Act 2000...

       11. International Development Act 2002 (c. 1)

           1. 11. In Schedule 1 to the International Development Act 2002 (bodies...

       12. Nationality, Immigration and Asylum Act 2002 (c. 41)

           1. 12. In section 133(4) of the Nationality, Immigration and Asylum Act...

   14. SCHEDULE 14

       Repeals and revocations

       1. Part 1 NHS foundation trusts

       2. Part 2 Standards

       3. Part 3 Recovery of NHS charges

       4. Part 4 Dental and medical services

       5. Part 5 Replacement of Welfare Food Schemes

       6. Part 6 Loans by Secretary of State to NHS trusts

       7. Part 7 Abolition of the Public Health Laboratory Service Board