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Health and Social Care (Community Health and Standards) Act 2003, Section 148 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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In this Part—
“Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
“the CHAI” means the Commission for Healthcare Audit and Inspection;
“cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
“the CSCI” means the Commission for Social Care Inspection;
“English local authority social service” means—
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
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;
a service which—
is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
[F1but 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 Primary Care Trust;
a Strategic Health Authority;
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
an NHS foundation trust;
a Special Health Authority performing functions only or mainly in respect of England;
“financial year”, in relation to the CHAI or the CSCI, means—
the period beginning with the date on which that body is established and ending with the next 31st March following that date; and
each successive period of twelve months ending with 31st March;
“health care” has the meaning given by section 45(2);
“local authority” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
“NHS body” means—
an English NHS body;
a Welsh NHS body;
a cross-border SHA;
“NHS trust” has the same meaning as in [F2the 2006 Act];
“personal records” includes medical records;
“prescribed” means prescribed by regulations made by—
the Secretary of State;
in the case of sections 63, 75 and 101, the Assembly;
“regulator” means the Independent Regulator of NHS Foundation Trusts;
“social services functions” has the same meaning as in the Local Authority Social Services Act 1970; [F3but (in relation to a local authority in England) does not include—
(a) functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
(b) functions prescribed by regulations under section 135(1)(f) of that Act.]
“Welsh local authority social service” means—
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
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;
a service which—
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
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 Local Health Board;
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
a Special Health Authority performing functions only or mainly in respect of Wales.
Textual Amendments
F1Words 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)
F2Words 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)
F3Words in s. 148 added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 93(3); S.I. 2007/935, art. 5(gg)
Commencement Information
I1S. 148 partly in force; s. 148 in force at Royal Assent for certain purposes, see s. 199(1)(4)
I2S. 148 in force at 1.1.2004 by S.I. 2003/3346, art. 4
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