http://www.legislation.gov.uk/id/ukpga/2008/14

http://www.legislation.gov.uk/ukpga/2008/14/section/145/2008-07-21

Health and Social Care Act 2008

An Act to establish and make provision in connection with a Care Quality Commission; to make provision about health care (including provision about the National Health Service) and about social care; to make provision about reviews and investigations under the Mental Health Act 1983; to establish and make provision in connection with an Office of the Health Professions Adjudicator and make other provision about the regulation of the health care professions; to confer power to modify the regulation of social care workers; to amend the Public Health (Control of Disease) Act 1984; to provide for the payment of a grant to women in connection with pregnancy; to amend the functions of the Health Protection Agency; and for connected purposes.

text

text/xml

Statute Law Database

2024-05-18

2008-07-21

Health and Social Care Act 2008

specified provision(s)

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009

art. 2

art. 1(1)

Part 5Miscellaneous

Social care

145Human Rights Act 1998: provision of certain social care to be public function

1

A person (“P”) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions is to be taken for the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities) to be exercising a function of a public nature in doing so.

2

The “relevant statutory provisions” are—

a

in relation to England and Wales, sections 21(1)(a) and 26 of the National Assistance Act 1948 (c. 29),

b

in relation to Scotland, section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49), and

c

in relation to Northern Ireland, Articles 15 and 36 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).

3

In subsection (1) “care home”—

a

in relation to England and Wales, has the same meaning as in the Care Standards Act 2000 (c. 14), and

b

in relation to Northern Ireland, means a residential care home as defined by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) or a nursing home as defined by Article 11 of that Order.

4

In relation to Scotland, the reference in subsection (1) to the provision of accommodation, together with nursing or personal care, in a care home is to be read as a reference to the provision of accommodation, together with nursing, personal care or personal support, as a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8).

5

Subsection (1) does not apply to acts (within the meaning of section 6 of the Human Rights Act 1998 (c. 42)) taking place before the coming into force of this section.