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

[F1 47A Code of practice relating to health care associated infections E+W

(1) The Secretary of State may issue a code of practice—

(a) applying to bodies within subsection (2), and

(b) relating to the prevention and control of health care associated infections in connection with health care provided by or for those bodies.

(2) The bodies within this subsection are—

(a) English NHS bodies other than Strategic Health Authorities; and

(b) cross-border SHAs.

(3) The code may provide for provisions of the code to apply to—

(a) such description or descriptions of bodies within subsection (2) as may be specified in the code;

(b) such body or bodies within that subsection as may be so specified.

(4) The code may in particular—

(a) make such provision as the Secretary of State considers appropriate for the purpose of safeguarding individuals (whether receiving health care or otherwise) from the risk, or any increased risk, of being exposed to health care associated infections or of being made susceptible, or more susceptible, to them;

(b) contain provisions imposing on bodies to which the provisions apply requirements in relation to health care provided for such bodies by other persons as well as in relation to health care provided by such bodies.

(5) The code may—

(a) operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);

(b) provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;

(c) make different provision for different cases or circumstances.

(6) Nothing in subsections (3) to (5) is to be read as prejudicing the generality of subsection (1).

(7) The Secretary of State must keep the code under review and may from time to time—

(a) revise the whole or any part of the code, and

(b) issue a revised code.

(8) In this section “health care associated infection” means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where—

(a) health care is being, or has been, provided to that or any other individual, and

(b) the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of the health care.

(9) But subsection (8) does not include an infection to which the individual is deliberately exposed as part of any health care.

(10) Any reference in this Part to a code of practice issued under this section includes a revised code issued under it.]

Textual Amendments

F1 Ss. 47A-47C inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 14, 83(7); S.I. 2006/2603, art. 2