Health and Social Care (Community Health and Standards) Act 2003
Part 1NHS foundation trusts
Introductory
1NHS foundation trusts
2Independent Regulator of NHS Foundation Trusts
3General duty of regulator
Authorisation
4Applications by NHS trusts
5Other applications
6Authorisation of NHS foundation trusts
7Effect of authorisation
8Amendments of constitution
9Variation of authorisation
10Register of NHS foundation trusts
Financial matters
11Power of Secretary of State to give financial assistance
12Prudential borrowing code
13Public dividend capital
Functions
14Authorised services
15Private health care
16Protection of property
17Financial powers
18General powers
19Information
20Entry and inspection of premises
21Fees
22Trust funds and trustees
Failure
23Failing NHS foundation trusts
24Voluntary arrangements
25Dissolution etc.
26Sections 24 and 25: supplementary
Mergers
27Mergers
28Section 27: supplementary
Co-operation
29Co-operation between NHS bodies
Patient and public involvement
30Public involvement and consultation
31Patients' Forums
32Commission for Patient and Public Involvement in Health
Miscellaneous
33Taxation
34Other amendments relating to NHS foundation trusts
35Conduct of elections
36Offence
37Representative membership
38Audit
39General duty of NHS foundation trusts
Supplementary
40Interpretation of Part 1
Part 2Standards
Chapter 1Regulatory bodies
41The Commission for Healthcare Audit and Inspection
42The Commission for Social Care Inspection
43Transfer of property etc to CHAI and CSCI
44Abolition of former regulatory bodies
Chapter 2NHS health care: introductory
45Quality in health care
46Standards set by Secretary of State
47Standards set by Assembly
47ACode of practice relating to health care associated infections
47B Consultation etc.
47CEffect of code under section 47A
Chapter 3NHS health care: functions of CHAI
Healthcare provided by and for NHS bodies
48Introductory
49National performance data
50Annual reviews
51Reviews: England and Wales
52Reviews and investigations: England
53Failings
53AFailings in connection with code under section 47A: improvement notices
53B Code of practice: action by CHAI following service of improvement notice
54Functions relating to Secretary of State and Assembly
55Reviews of data
56Co-ordination of reviews
Other functions
57Studies as to economy, efficiency etc
58Additional functions
Supplementary
59Criteria
60Provision of material
61Co-operation between CHAI and the regulator
62Fees
63Fees: Wales
64Reports and information
65Co-operation between CHAI and the Audit Commission
66Right of entry
67Right of entry: supplementary
68Power to require documents and information etc
69Power to require explanation
69AProvision of information by Auditor General for Wales
Chapter 4NHS health care: functions of National Assembly for Wales
Reviews and investigations
70Reviews and investigations relating to Wales
71Reporting to Secretary of State and regulator
Ancillary powers
72Right of entry
73Right of entry: supplementary
74Power to require documents and information
75Power to require explanation
Chapter 5Social services: functions of CSCI
Provision of social services
76Introductory
77Information and advice
78Review of studies and research
79Annual reviews
80Other reviews and investigations
81Failings
Other functions
82Studies as to economy, efficiency etc
83Joint working with Audit Commission
84Additional functions
Supplementary
85Criteria
86Fees
87Reports and information
88Right of entry
89Right of entry: supplementary
90Power to require information etc
91Power to require explanation
Chapter 6Social services: functions of National Assembly for Wales
Provision of social services
92General function
93Reviews of studies and research
94Reviews and investigations
95Studies as to economy, efficiency etc
96Additional functions
97General considerations
Ancillary powers
98Right of entry
99Right of entry: supplementary
100Power to require information
101Power to require explanation
Chapter 7Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
102Transfer of functions to CHAI and CSCI
103General functions of CHAI
104General functions of CSCI
105Fees
Miscellaneous
106Meaning of “independent medical agency”
107Children’s homes providing secure accommodation
108Information and inspection
109Assembly: duties relating to children
Chapter 8Other functions of CSCI
110Boarding schools and colleges
111Boarding schools and colleges: reports
112Secure training centres
Chapter 9Complaints
113Complaints about health care
114Complaints about social services: England
115Complaints regulations: supplementary
116Further consideration of representations under the Children Act 1989
117Representations relating to special guardianship support services
118Complaints about handling of complaints
119Complaints: data protection
Chapter 10Supplementary and general
Joint working
120Co-operation etc
121Reviews and investigations
122Joint annual reviews
123Power to assist
Arrangements with public authorities
124Arrangements with Ministers etc: CHAI
125Arrangements with Ministers etc: CSCI
126Arrangements with the Isle of Man and Channel Islands: CHAI
127Arrangements with the Isle of Man and Channel Islands: CSCI
Reports
128Reports: CHAI
129Reports: CSCI
Relationship with government
130Duty to have regard to government policy: CHAI
131Duty to have regard to government policy: CSCI
132Failure in discharge of functions: CHAI
133Failure in discharge of functions: CSCI
Inquiries
134Inquiries: CHAI
135Inquiries: CSCI
Information
136Disclosure of information obtained by CHAI
137Section 136: defence
138Information obtained by CHAI: supplementary
139Information obtained by CSCI: supplementary
140Code of practice: CHAI
141Code of practice: CSCI
Wales: supplementary
142Annual reports of Assembly
143Use by Welsh Ministers of information
144Inquiries: Wales
145Co-operation between Assembly and CHAI
145ADuties in connection with the Auditor General for Wales
General
146Offences by bodies corporate
147Minor and consequential amendments
148Interpretation of Part 2
149References to the provision of health care
Part 3Recovery of NHS charges
NHS charges
150Liability to pay NHS charges
Certificates of NHS charges
151Applications for certificates of NHS charges
152Section 151: supplementary
153Information contained in certificates
Recovery of NHS charges
154Payment of NHS charges
155Recovery of NHS charges
Review and appeal
156Review of certificates
157Appeal against a certificate or a waiver decision
158Appeal tribunals
159Appeal to Social Security Commissioner
Information
160Provision of information
161Use of information held by the Secretary of State or the Scottish Ministers etc.
Payments to hospitals or ambulance trusts
162Payment of NHS charges to hospitals or ambulance trusts
Miscellaneous and general
163Regulations governing lump sums, periodical payments etc
164Liability of insurers
165Power to apply Part 3 to treatment at non-health service hospitals
166The Crown
167Regulations
168Interpretation of Part 3
169Consequential and minor repeals
Part 4Dental and medical services
Primary dental services
170Provision of primary dental services
171Dental public health
172General dental services contracts
173General dental services: transitional
Primary medical services
175General medical services contracts
174Provision of primary medical services
176General medical services: transitional
Primary dental and medical services: supplementary
177Arrangements under section 28C of the 1977 Act
178Abolition of pilot schemes
179Persons performing primary medical and dental services
180Assistance and support
Dental services: miscellaneous
181Abolition of Dental Practice Board
182Special Health Authorities
183Charges for dental services
General
184Minor and consequential amendments
Part 5Miscellaneous
Welfare Food Schemes
185Replacement of the Welfare Food Schemes: Great Britain
186Replacement of the Welfare Food Schemes: Northern Ireland
Appointments and employment
187Appointments to certain health and social care bodies
188Appointments to certain health and social care bodies: joint functions
189Validity of clearance for employment in certain NHS posts
Public Health Laboratory Service Board
190Abolition of Public Health Laboratory Service Board
Other provisions
191Loans by Secretary of State to NHS trusts
192Amendment of provision relating to reform of Welsh health authorities
Part 6Final provisions
193Financial provisions
194Interpretation
195Orders and regulations
196Repeals and revocations
197Wales
198Isles of Scilly
199Commencement
200Transitional or transitory provision and savings
201Supplementary and consequential provision
202Extent
203Short title
SCHEDULES
SCHEDULE 1Constitution of public benefit corporations
Requirement for a constitution
1Constitution of public benefit corporations
2Constitution of public benefit corporations
Eligibility for membership
3Constitution of public benefit corporations
Constituencies
4Constitution of public benefit corporations
5Constitution of public benefit corporations
Becoming a member
6Constitution of public benefit corporations
Board of Governors
7Constitution of public benefit corporations
8Constitution of public benefit corporations
9Constitution of public benefit corporations
10Constitution of public benefit corporations
11Constitution of public benefit corporations
12Constitution of public benefit corporations
13Constitution of public benefit corporations
14Constitution of public benefit corporations
Directors
15Constitution of public benefit corporations
16Constitution of public benefit corporations
17Constitution of public benefit corporations
18Constitution of public benefit corporations
Initial directors of former NHS trusts
19Constitution of public benefit corporations
Register of members etc.
20Constitution of public benefit corporations
21Constitution of public benefit corporations
22Constitution of public benefit corporations
Auditor
23Constitution of public benefit corporations
Accounts
24Constitution of public benefit corporations
25Constitution of public benefit corporations
Annual reports and forward plans
26Constitution of public benefit corporations
27Constitution of public benefit corporations
Meeting of board of governors to consider annual accounts and reports
28Constitution of public benefit corporations
Instruments etc.
29Constitution of public benefit corporations
SCHEDULE 2Independent Regulator of NHS Foundation Trusts
Membership
1(1) The regulator is to consist of a number of...
Tenure of office
2(1) A person is to hold and vacate office as...
Remuneration and pensions
3(1) The regulator is to pay to the chairman—
Staff
4The regulator may, after consulting the Minister for the Civil...
Superannuation
5(1) Sub-paragraph (2) applies where— (a) a person is an...
Procedure
6(1) The regulator may regulate its own procedure and make...
Delegation of functions
7Anything which the regulator is authorised or required to do...
General powers
8(1) The regulator may do anything which appears to it...
Specific powers
9(1) The regulator may with the consent of the Secretary...
Finance
10The Secretary of State may make contributions towards the regulator’s...
Reports and other information
11(1) As soon as possible after the end of each...
12(1) The regulator must keep accounts in such form as...
13The regulator must respond in writing to any recommendation which—...
Seal and evidence
14The application of the regulator’s seal is to be authenticated...
15A document purporting to be duly executed under the regulator’s...
General
16(1) The regulator is not to be regarded as the...
Amendments
17In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
18In Part 3 of Schedule 1 to the House of...
19In Part 3 of Schedule 1 to the Northern Ireland...
SCHEDULE 3Transfer of staff
1Transfer of staff
2Transfer of staff
3Transfer of staff
4Transfer of staff
5Transfer of staff
6Transfer of staff
SCHEDULE 4Amendments relating to NHS foundation trusts
The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
1The Voluntary Hospitals (Paying Patients) Act 1936 is amended as...
2In section 1 (definitions), in the definition of “voluntary hospital”,...
The National Assistance Act 1948 (c. 29)
3The National Assistance Act 1948 is amended as follows.
4In section 24 (authority liable for provision of accommodation), in...
The Public Records Act 1958 (c. 51)
5The Public Records Act 1958 is amended as follows.
6In Schedule 1 (definition of public records), in the Table...
The Human Tissue Act 1961 (c. 54)
7The Human Tissue Act 1961 is amended as follows.
8In section 1 (removal of parts of bodies for medical...
The Abortion Act 1967 (c. 87)
9The Abortion Act 1967 is amended as follows.
10In section 1 (medical termination of pregnancy), in subsection (3),...
The Leasehold Reform Act 1967 (c. 88)
11The Leasehold Reform Act 1967 is amended as follows.
12In section 28 (retention or assumption of land required for...
The Health Services and Public Health Act 1968 (c. 46)
13The Health Services and Public Health Act 1968 is amended...
14In section 63 (provisions of instruction for officers of hospital...
The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
15The Employers' Liability (Compulsory Insurance) Act 1969 is amended as...
16In section 3 (employers exempted from insurance), in subsection (2)(a),...
The Local Government Act 1972 (c. 70)
17The Local Government Act 1972 is amended as follows.
18In section 113 (placing of staff of local authorities at...
The House of Commons Disqualification Act 1975 (c. 24)
19The House of Commons Disqualification Act 1975 is amended as...
20In Part 3 of Schedule 1 (disqualifying offices), there is...
The Race Relations Act 1976 (c. 74)
21The Race Relations Act 1976 is amended as follows.
22In Schedule 1A (bodies and other persons subject to general...
The National Health Service Act 1977 (c. 49)
23Amendments relating to foundation trusts
24Amendments relating to foundation trusts
25Amendments relating to foundation trusts
26Amendments relating to foundation trusts
27Amendments relating to foundation trusts
28Amendments relating to foundation trusts
29Amendments relating to foundation trusts
30Amendments relating to foundation trusts
31Amendments relating to foundation trusts
32Amendments relating to foundation trusts
33Amendments relating to foundation trusts
34In section 91 (private trusts for hospitals), in subsection (3),...
35In section 92 (further transfers of trust property)—
36In section 96 (trusts: supplementary provisions), any reference to sections...
37In section 96A (powers of health bodies to raise money...
38In section 103 (special arrangement as to payment of remuneration),...
39In section 105 (payments for certain medical examinations), in subsection...
40In section 122 (recovery of charges), in subsection (1), after...
41In section 125 (protection of members and officers of authorities)—...
42In section 128 (interpretation and construction), in subsection (1), in...
43In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after...
44In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),...
45In Schedule 12A (expenditure of Health Authorities and Primary Care...
The Acquisition of Land Act 1981 (c. 67)
46(1) An NHS foundation trust may be authorised to purchase...
47The Acquisition of Land Act 1981 is amended as follows....
48In section 16 (statutory undertakers' land excluded from compulsory purchase),...
49In section 17 (local authority and statutory undertakers' land), in...
The Mental Health Act 1983 (c. 20)
50The Mental Health Act 1983 is amended as follows.
51In section 12 (general provisions as to medical recommendation), in...
52In section 19 (regulations as to transfer of patients), in...
53In section 23 (discharge of patients)— (a) in subsection (3),...
54In section 24 (visiting and examination by patients), in subsection...
55In section 32 (regulations for purposes of Part 2), in...
56In section 139 (protection for acts done in pursuance of...
57In section 145 (interpretation), in subsection (1), after paragraph (bb)...
The National Audit Act 1983 (c. 44)
58The National Audit Act 1983 is amended as follows.
59In section 6 (public departments etc.), in subsection (3)(b), at...
The Public Health (Control of Disease) Act 1984 (c. 22)
60The Public Health (Control of Disease) Act 1984 is amended...
61In section 13 (regulations for control of certain diseases), in...
62In section 37 (removal to hospital of person with notifiable...
63In section 41 (removal to hospital of inmate of common...
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
64The Disabled Persons (Services, Consultation and Representation) Act 1986 is...
65In section 2 (rights of authorised representatives of disabled persons),...
66In section 7 (persons discharged from hospital), in subsection (9),...
The Company Directors Disqualification Act 1986 (c. 46)
67The Company Directors Disqualification Act 1986 is amended as follows....
68After section 22B there is inserted— Application of Act to...
The AIDS (Control) Act 1987 (c. 33)
69The AIDS (Control) Act 1987 is amended as follows.
70In section 1 (periodical reports on matters relating to AIDS...
The Copyright, Designs and Patents Act 1988 (c. 48)
71The Copyright, Designs and Patents Act 1988 is amended as...
72In section 48 (material communicated to the Crown in the...
The Road Traffic Act 1988 (c. 52)
73The Road Traffic Act 1988 is amended as follows.
74In section 144 (exceptions from requirement of third-party insurance), in...
The Children Act 1989 (c. 41)
75The Children Act 1989 is amended as follows.
76In section 24 (persons qualifying for advice and assistance), in...
77In section 24C (information), in subsection (2)(c), after “trust” there...
78In section 27 (co-operation between authorities), in subsection (3)(d), for...
79In section 47 (local authority’s duty to investigate), in subsection...
80In section 80 (inspection of children’s homes etc. by persons...
81In section 85 (children accommodated by health authorities and local...
82In Schedule 2 (local authority support for children and families),...
The National Health Service and Community Care Act 1990 (c. 19)
83The 1990 Act is amended as follows.
84In section 21 (schemes for meeting losses and liabilities etc....
85In Schedule 2 ( NHS trusts)— (a) in the case...
The Town and Country Planning Act 1990 (c. 8)
86Sections 238 to 240 of the Town and Country Planning...
The Access to Health Records Act 1990 (c. 23)
87The Access to Health Records Act 1990 is amended as...
88In section 11 (interpretation), in the definition of “health service...
The Water Industry Act 1991 (c. 56)
89The Water Industry Act 1991 is amended as follows.
90In Schedule 4A (premises that are not to be disconnected...
The London Local Authorities Act 1991 (c. xiii)
91The London Local Authorities Act 1991 is amended as follows....
92In section 4 (interpretation of Part 2), in paragraph (d)...
The Health Service Commissioners Act 1993 (c. 46)
93The Health Service Commissioners Act 1993 is amended as follows....
94In section 2 (the bodies subject to investigation), in subsection...
The Vehicle Excise and Registration Act 1994 (c. 22)
95The Vehicle Excise and Registration Act 1994 is amended as...
96In Schedule 2 (exempt vehicles), in paragraph 7, after the...
The Value Added Tax Act 1994 (c. 23)
97The Value Added Tax Act 1994 is amended as follows....
98In Schedule 8 (zero-rating), in the Notes to Group 12,...
The Employment Rights Act 1996 (c. 18)
99The Employment Rights Act 1996 is amended as follows.
100In section 50 (right to time off for public duties),...
101In section 218 (change of employer), in subsection (10), after...
The Housing Grants, Construction and Regeneration Act 1996 (c. 53)
102The Housing Grants, Construction and Regeneration Act 1996 is amended...
103In section 3 (ineligible applicants), in subsection (2)(f), for “or...
The Education Act 1996 (c. 56)
104The Education Act 1996 is amended as follows.
105In section 332 (duty of Health Authority, a Primary Care...
The Data Protection Act 1998 (c. 29)
106The Data Protection Act 1998 is amended as follows.
107In section 69 (meaning of “health professional”), in subsection (3),...
The Health Act 1999 (c. 8)
108The Health Act 1999 is amended as follows.
109In section 31 (arrangements between NHS bodies and local authorities),...
The Care Standards Act 2000 (c. 14)
110The Care Standards Act 2000 is amended as follows.
111In section 42 (power to extend the application of Part...
112In section 121 (general interpretation), in subsection (1), in the...
The Freedom of Information Act 2000 (c. 36)
113The Freedom of Information Act 2000 is amended as follows....
114In Part 3 of Schedule 1 (National Health Service), after...
The Health and Social Care Act 2001 (c. 15)
115The Health and Social Care Act 2001 is amended as...
116In section 7 (functions of overview and scrutiny committees)—
117In section 28 (pilot schemes: local pharmaceutical services), in subsection...
118In section 33 ( NHS contracts), in subsection (1), after...
The Anti-terrorism, Crime and Security Act 2001 (c. 24)
119The Anti-terrorism, Crime and Security Act 2001 is amended as...
120In Schedule 4 (extension of existing disclosure powers), at the...
The International Development Act 2002 (c. 1)
121The International Development Act 2002 is amended as follows.
122In Schedule 1 (statutory bodies to which section 9 applies),...
The National Health Service Reform and Health Care Professions Act 2002 (c. 17)
123The National Health Service Reform and Health Care Professions Act...
124In section 23 (joint working with the prison service), in...
The Adoption and Children Act 2002 (c. 38)
125The Adoption and Children Act 2002 is amended as follows....
126In section 8 (adoption support agencies), in subsection (2)(d), for...
The Nationality, Immigration and Asylum Act 2002 (c. 41)
127The Nationality, Immigration and Asylum Act 2002 is amended as...
128In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph...
The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
129The Community Care (Delayed Discharges etc.) Act 2003 is amended...
130In section 1 (meaning of “NHS body” and “qualifying hospital...
SCHEDULE 5Audit of accounts of NHS foundation trusts
General duty
1Audit of accounts of foundation trusts
Right to documents and information
2Audit of accounts of foundation trusts
Reports
3Audit of accounts of foundation trusts
4Audit of accounts of foundation trusts
5Audit of accounts of foundation trusts
Referral to regulator
6Audit of accounts of foundation trusts
Audit of accounts of directors or officers
7Audit of accounts of foundation trusts
Restriction on disclosure of information
8Audit of accounts of foundation trusts
SCHEDULE 6CHAI: supplementary
Status
1(1) The CHAI is not to be regarded as the...
General powers and duties
2(1) The CHAI may do anything which appears to it...
Chairman and other members
3(1) The CHAI is to consist of—
Remuneration of chairman and other members
4(1) The CHAI may pay to its chairman, or to...
Employees
5(1) The CHAI must appoint a chief executive (to be...
Procedure
6(1) The CHAI may— (a) appoint such committees and sub-committees...
Discharge of functions
7(1) The CHAI may arrange for— (a) any of its...
Assistance
8(1) The CHAI may arrange for such persons as it...
Payments and loans
9(1) The Secretary of State may make payments out of...
Accounts
10(1) The CHAI must keep its accounts in such form...
Seal and evidence
11The application of the seal of the CHAI must be...
12A document purporting to be duly executed under the seal...
SCHEDULE 7CSCI: supplementary
Status
1(1) The CSCI ’s property is not to be regarded...
General powers and duties
2(1) The CSCI may do anything which appears to it...
Chairman and other members
3(1) The CSCI is to consist of a chairman and...
Remuneration of chairman and other members
4(1) The CSCI may pay to its chairman, or to...
Employees
5(1) The CSCI must appoint a chief executive (to be...
Procedure
6(1) The CSCI may— (a) appoint such committees and sub-committees...
Discharge of functions
7(1) The CSCI may arrange for— (a) any of its...
Assistance
8(1) The CSCI may arrange for such persons as it...
Payments and loans
9(1) The Secretary of State may make payments out of...
Accounts
10(1) The CSCI must keep its accounts in such form...
Seal and evidence
11The application of the seal of the CSCI must be...
12A document purporting to be duly executed under the seal...
SCHEDULE 8CHAI and CSCI: transfers of property and staff, etc
Transfer schemes
1(1) The Secretary of State may make one or more...
Transfer
2The property, rights and liabilities which are the subject of...
Employment
3The transfer by paragraph 2 of the rights and liabilities...
4(1) Paragraph 2 does not operate to transfer the rights...
5For the purposes of this Schedule, where a person holds...
Transitional
6(1) Anything done by or in relation to the transferor...
SCHEDULE 9Part 2: minor and consequential amendments
Public Records Act 1958 (c. 52)
1In Schedule 1 to the Public Records Act 1958 (definition...
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2In the Schedule to the Public Bodies (Admission to Meetings)...
Parliamentary Commissioner Act 1967 (c. 13)
3In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...
Local Authority Social Services Act 1970 (c. 42)
4In the Local Authority Social Services Act 1970, in Schedule...
Superannuation Act 1972 (c. 11)
5In Schedule 1 to the Superannuation Act 1972 (kinds of...
6The CHAI and the CSCI must each pay to the...
House of Commons Disqualification Act 1975 (c. 24)
7In the House of Commons Disqualification Act 1975, in Part...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
8In the Northern Ireland Assembly Disqualification Act 1975, in Part...
National Health Service Act 1977 (c. 49)
9In section 19A(2) of the 1977 Act, after paragraph (a)...
Children Act 1989 (c. 41)
10(1) The Children Act 1989 has effect subject to the...
Health Service Commissioners Act 1993 (c. 46)
11(1) The Health Service Commissioners Act 1993 has effect subject...
Audit Commission Act 1998 (c. 18)
12(1) The Audit Commission Act 1998 has effect subject to...
Government of Wales Act 1998 (c. 38)
13In Schedule 5 to the Government of Wales Act 1998,...
Protection of Children Act 1999 (c. 14)
14In section 2A of the Protection of Children Act 1999,...
Local Government Act 1999 (c. 27)
15In section 25(2) of the Local Government Act 1999, for...
Care Standards Act 2000 (c. 14)
16The Care Standards Act 2000 has effect subject to the...
17In section 5, in paragraph (a), for “the National Care...
18(1) Section 8 is amended as follows.
19In section 10— (a) subsection (1) is omitted; and
20In section 11(4), for “the Commission” substitute “ the CHAI...
21In section 23(4)(d), after the second “or” insert “ against...
22In section 29(1)— (a) for “the Commission”, in the first...
23In section 31— (a) in subsection (6), for “powers” substitute...
24In section 36A for “the Commission”, in all places, substitute...
25In section 42, at the end insert—
26In section 45(4)— (a) omit “Subject to section 47(6)”;
27In section 51(1), for the words from “in relation to”...
28In section 55(3)(e)— (a) for “the Commission” substitute “ the...
29In section 113, after subsection (1) insert—
30In section 121, in the Table in subsection (13), insert...
Freedom of Information Act 2000 (c. 36)
31In the Freedom of Information Act 2000, in Part 6...
Adoption and Children Act 2002 (c. 38)
32In section 99 of the Adoption and Children Act 2002,...
SCHEDULE 10Recovery of NHS charges: exempted payments
1Any payment made to or for the injured person under—...
2Any payment made in the exercise of a discretion out...
3Any payment made out of property held for the purposes...
4(1) Any payment made to the injured person by an...
5Any payment which apart from this paragraph would be made...
6Any payment to the extent that it is made—
7Any payment to the extent that it is made in...
8Any payment of a prescribed description, either generally or in...
SCHEDULE 11Part 4: minor and consequential amendments
National Health Service (Amendment) Act 1949 (c. 93)
1(1) The National Health Service (Amendment) Act 1949 (which is...
Health Services and Public Health Act 1968 (c. 46)
2The Health Services and Public Health Act 1968 has effect...
3(1) Section 59 is amended as follows.
4In section 63(2)— (a) after paragraph (a) insert—
5In section 64(3)(b), after “make arrangements” insert “ or any...
Patents Act 1977 (c. 37)
6(1) Section 56(4)(a) of the Patents Act 1977 is amended...
National Health Service Act 1977 (c. 49)
7Part 4: minor and consequential amendments
8Part 4: minor and consequential amendments
9Part 4: minor and consequential amendments
10Part 4: minor and consequential amendments
11In section 16BC(1), at the end insert “ or sections...
12In section 18A(3)— (a) in paragraph (a), omit “general medical,...
13(1) Section 26 is amended as follows.
14In section 28C(1)(a) and (b), (2)(a) and (b) and (4),...
15(1) Section 28D is amended as follows.
16In section 28EE(2), for “personal” substitute “ primary ” ....
17In section 28I(a), for the words from “personal medical services”...
18(1) Section 41(1) is amended as follows.
19In section 43(1), for “general medical services or general dental...
20In section 43D(10)— (a) omit paragraphs (a) and (b);
21(1) Section 44 is amended as follows.
22(1) Section 45 is amended as follows.
23After section 45 insert— Local Medical Committees (1) A Primary Care Trust may recognise a committee formed...
24In section 49N(1)— (a) in paragraph (a), for “49F(1)(a) to...
25Section 53 (immunisation) shall cease to have effect.
26(1) Section 54 (as substituted by the National Health Service...
27(1) Section 72 is amended as follows.
28In section 77, at the end insert—
29In section 78(3), for “paragraphs 2 and 5” substitute “...
30In section 83(a), for “to 79” substitute “ and 78...
31In section 83A(1)(a), for the words from “section 77(1)” to...
32In section 85(1)— (a) insert “ or ” at the...
33(1) Section 98 is amended as follows.
34In section 99(1)— (a) insert “ and ” at the...
35In section 100(1)— (a) insert “ and ” at the...
36In section 103(1)(a)— (a) after “in respect of” insert “...
37In section 105(2)(a), for the words from “as part of”...
38In section 126(4), after “19A(7) above” insert “ , or...
39In section 128(1), at the appropriate places in alphabetical order...
40(1) In Schedule 7A, paragraph 3 is amended as follows....
41In Schedule 8A, in paragraph 1(5), for the words from...
42(1) Schedule 9A is amended as follows.
43In Schedule 10, in paragraph 3, for “general medical services...
44In Schedule 12, in paragraph 1(1)(b), for “accordance with section...
45In Schedule 12A, insert “ or ” after paragraphs 1(2)(b),...
National Health Service (Scotland) Act 1978 (c. 29)
46(1) Section 17D of the National Health Service (Scotland) Act...
Medical Act 1983 (c. 54)
47The Medical Act 1983 is amended as follows.
48In section 11(4), in the definition of “medical practice”—
49In section 12(2)(a), for “general medical services under Part II...
Dentists Act 1984 (c. 24)
50In section 40(2) of the Dentists Act 1984, after paragraph...
Community Health Councils (Access to Information) Act 1988 (c. 24)
51In section 1(6) of the Community Health Councils (Access to...
Copyright, Designs and Patents Act 1988 (c. 48)
52In section 240(4) of the Copyright, Designs and Patents Act...
Health and Medicines Act 1988 (c. 49)
53The Health and Medicines Act 1988 has effect subject to...
54In section 12(1)— (a) omit “The Dental Estimates Board shall...
55In section 17(1)— (a) omit “29, 36”;
National Health Service and Community Care Act 1990 (c. 19)
56(1) Section 18 of the National Health Service and Community...
Access to Health Records Act 1990 (c. 23)
57(1) The Access to Health Records Act 1990 is amended...
Water Industry Act 1991 (c. 56)
58In Schedule 4A to the Water Industry Act 1991, for...
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
59(1) Section 279 of the Trade Union and Labour Relations...
Health Service Commissioners Act 1993 (c. 46)
60The Health Service Commissioners Act 1993 has effect subject to...
61In section 2— (a) in subsection (1)(c), for the words...
62(1) Section 2A is amended as follows.
63In section 6(5)— (a) omit “29, 36”;
64In section 18(1), after “partly” insert “ or wholly ”....
Employment Rights Act 1996 (c. 18)
65(1) Section 43K of the Employment Rights Act 1996 is...
Education Act 1996 (c. 56)
66In section 520(1) of the Education Act 1996, for “(1A)”...
Health Act 1999 (c. 8)
67In Schedule 3 to the Health Act 1999, in paragraph...
Freedom of Information Act 2000 (c. 36)
68In Schedule 1 to the Freedom of Information Act 2000,...
Health and Social Care Act 2001 (c. 15)
69The Health and Social Care Act 2001 has effect subject...
70Section 18 shall cease to have effect.
71In section 28(4), for the words from “personal medical services”...
72(1) Schedule 1 is amended as follows.
73In Schedule 2, in paragraph 5(2), for paragraphs (c) and...
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
74(1) Section 17 of the National Health Service Reform and...
SCHEDULE 12Privy Council appointments
Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)
1(1) The Pharmacy Act 1954 is amended as follows.
Medical Act 1983 (c. 54)
2(1) Schedule 1 to the Medical Act 1983 (the General...
Dentists Act 1984 (c. 24)
3(1) Schedule 1 to the Dentists Act 1984 (the General...
Opticians Act 1989 (c. 44)
4
Osteopaths Act 1993 (c. 21)
5In the Schedule to the Osteopaths Act 1993 after paragraph...
Chiropractors Act 1994 (c. 17)
6In Schedule 1 to the Chiropractors Act 1994 after paragraph...
The Nursing and Midwifery Order 2001 (S.I. 2002/253)
7In Schedule 1 to the Nursing and Midwifery Order 2001...
The Health Professions Order 2001 (S.I. 2002/254)
8
SCHEDULE 13Amendments consequential on the abolition of the Public Health Laboratory Service Board
Parliamentary Commissioner Act 1967 (c. 13)
1In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner...
House of Commons Disqualification Act 1975 (c. 24)
2In Part 3 of Schedule 1 to the House of...
Race Relations Act 1976 (c. 74)
3In Part 2 of Schedule 1A to the Race Relations...
National Health Service Act 1977 (c. 49)
4In the National Health Service Act 1977—
Income and Corporation Taxes Act 1988 (c. 1)
5In section 519A(2) of the Income and Corporation Taxes Act...
National Health Service and Community Care Act 1990 (c. 19)
6In the National Health Service and Community Care Act 1990—...
Health Service Commissioners Act 1993 (c. 46)
7In section 2(1) of the Health Service Commissioners Act 1993...
Employment Rights Act 1996 (c. 18)
8In section 218(10) (list of health service employers affected by...
Government of Wales Act 1998 (c. 38)
9(1) In Schedule 5 to the Government of Wales Act...
Freedom of Information Act 2000 (c. 36)
10In Schedule 1 to the Freedom of Information Act 2000...
International Development Act 2002 (c. 1)
11In Schedule 1 to the International Development Act 2002 (bodies...
Nationality, Immigration and Asylum Act 2002 (c. 41)
12In section 133(4) of the Nationality, Immigration and Asylum Act...
SCHEDULE 14Repeals and revocations
Part 1NHS foundation trusts
Part 2Standards
Part 3Recovery of NHS charges
Part 4Dental and medical services
Part 5Replacement of Welfare Food Schemes
Part 6Loans by Secretary of State to NHS trusts
Part 7Abolition of the Public Health Laboratory Service Board

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

2003 c. 43

An Act to amend the law about the National Health Service; to make provision about quality and standards in the provision of health and social care, including provision establishing the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection; to amend the law about the recovery of NHS costs from persons making compensation payments; to provide for the replacement of the Welfare Food Schemes; to make provision about appointments to health and social care bodies; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

Annotations:
Modifications etc. (not altering text)