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

Part 2 U.K.Standards

Chapter 10U.K.Supplementary and general

Joint workingE+W

F1120Co-operation etcE+W

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Textual Amendments

F1Ss. 120-141 repealed (1.4.2009 except in relation to ss. 136, 137, 6.4.2010 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5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

I1S. 120 partly in force; s. 120 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2S. 120 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 5(2)(a)

F1121Reviews and investigationsE+W

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Textual Amendments

F1122Joint annual reviewsE+W

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Textual Amendments

F1123Power to assistE+W

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Textual Amendments

Arrangements with public authoritiesU.K.

F1124Arrangements with Ministers etc: CHAIU.K.

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Textual Amendments

F1125Arrangements with Ministers etc: CSCIU.K.

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Textual Amendments

F1126Arrangements with the Isle of Man and Channel Islands: CHAIE+W

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Textual Amendments

F1127Arrangements with the Isle of Man and Channel Islands: CSCIE+W

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Textual Amendments

ReportsE+W

F1128Reports: CHAIE+W

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Textual Amendments

F1129Reports: CSCIE+W

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Textual Amendments

Relationship with governmentE+W

F1130Duty to have regard to government policy: CHAIE+W

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Textual Amendments

F1131Duty to have regard to government policy: CSCIE+W

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Textual Amendments

F1132Failure in discharge of functions: CHAIE+W

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Textual Amendments

F1133Failure in discharge of functions: CSCIE+W

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Textual Amendments

InquiriesE+W

F1134Inquiries: CHAIE+W

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Textual Amendments

F1135Inquiries: CSCIE+W

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Textual Amendments

InformationE+W

F2136Disclosure of information obtained by CHAIE+W

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Textual Amendments

F2Ss. 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)

F3137Section 136: defenceE+W

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Textual Amendments

F3Ss. 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)

F1138Information obtained by CHAI: supplementaryE+W

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Textual Amendments

F1139Information obtained by CSCI: supplementaryE+W

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Textual Amendments

F1140Code of practice: CHAIE+W

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Textual Amendments

F1141Code of practice: CSCIE+W

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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 and 6 of this Part (other than any function of making regulations);

(ii)its functions exercisable by virtue of section 5(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);

(b)the way in which the Assembly has during the year exercised those functions.

Commencement Information

I3S. 142 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

[F4143Use 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;

(b)their functions under Chapter 6 of this Part;

(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

F4S. 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)

F5144Inquiries: WalesE+W

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Textual Amendments

F5S. 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

I4S. 144 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

F6145Co-operation between Assembly and CHAIE+W

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Textual Amendments

F6S. 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

F7145ADuties in connection with the Auditor General for WalesE+W

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Textual Amendments

F7S. 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

I5S. 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

I6S. 147 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I7S. 147 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

I8S. 147 in force at 11.3.2004 for specified purposes for E. by S.I. 2004/759, art. 4(1)(b)

I9S. 147 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I10S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 9

I11S. 147 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/759, art. 4(2)(b)

I12S. 147 in force at 1.4.2004 for specified purposes by S.I. 2004/759, art. 5(2)(b)

I13S. 147 in force at 1.6.2004 for specified purposes by S.I. 2004/759, art. 8

I14S. 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—

F8...
F9...
“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;
F10...
“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) [F11or 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
[F12but 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)
F13...
(b)
F14...
(c)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
(ca)
[F15the National Health Service Commissioning Board;
(cb)
a clinical commissioning group;]
(d)
an NHS foundation trust;
(e)
a Special Health Authority performing functions only or mainly in respect of England;
F16...
“health care” has the meaning given by section 45(2);
“local authority”[F17 —
(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)
[F18in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014]
F19...
“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 [F20the 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;
[F21“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

F8Words 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)

F9Words 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

F10Words in s. 148 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 51(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36

F11Words 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

F12Words 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)

F13Words 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)

F14Words 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)

F15Words in s. 148 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 121(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16Words 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

F17Words 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)

F18Words 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)

F19Words 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

F20Words 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)

F21Words 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

I15S. 148 partly in force; s. 148 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I16S. 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.