UKPGA-2001-15 — Health and Social Care Act 2001

preamble

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:—

Part 1

National Health Service

s. 1 — Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

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s. 2 — Payments relating to past performance

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s. 3 — Supplementary payments to NHS trusts and Primary Care Trusts

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s. 4 — Public-private partnerships

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s. 5 — Income generation

In section 7 of the Health and Medicines Act 1988 (c. 49) (additional powers for financing Health Service), after subsection (7) there shall be inserted—

s. 6 — Terms and conditions of employment by health service bodies

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s. 7 — Functions of overview and scrutiny committees

s. 7(1)

In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted—

s. 7(2)

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s. 7(3)

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s. 7(4)

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s. 7(5)

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s. 8 — Joint overview and scrutiny committees etc.

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s. 9 — Overview and scrutiny committees: exempt information

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s. 10 — Application to the City of London

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s. 11 — Public involvement and consultation

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s. 12 — Independent advocacy services

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s. 13 — Intervention orders

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s. 14 — Abolition of Medical Practices Committee

s. 14(1)

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s. 14(2)

On the date this section comes into force—shall be transferred to the Secretary of State.

s. 14(2)(a)

all property in the possession of the Medical Practices Committee, and

s. 14(2)(b)

all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,

s. 14(3)

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s. 14(4)

A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977, prior to its repeal by the National Health Service (Consequential Provisions) Act 2006, before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.

s. 15 — Vacancies for medical practitioners

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s. 16 — Abolition of NHS Tribunal

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s. 17 — Remuneration of general medical practitioners

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s. 18 — Out of hours medical services

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s. 19 — Enhanced criminal record certificates

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s. 20 — Medical, dental, ophthalmic and pharmaceutical etc. lists

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s. 21 — Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

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s. 22 — Dental corporations

s. 22(1)

The 1977 Act shall be amended as follows.

s. 22(2)

In section 35 (arrangements for general dental services)—

s. 22(2)(a)

in subsection (1)—

s. 22(2)(a)(i)

after “dental practitioners” there shall be inserted“ or dental corporations ”, and

s. 22(2)(a)(ii)

after “dental practitioner” there shall be inserted“ or dental corporation ”,

s. 22(2)(b)

in subsection (2)—

s. 22(2)(b)(i)

after “dental practitioner who” there shall be inserted“ , or dental corporation which, ”,

s. 22(2)(b)(ii)

after “salary” there shall be inserted“ (or, in the case of a dental corporation, a fixed rate of remuneration) ”, and

s. 22(2)(b)(iii)

in paragraph (b), after “practitioner” there shall be inserted“ or corporation ”, and

s. 22(2)(c)

after subsection (4) there shall be inserted—

s. 22(3)

In section 36 (regulations about general dental services)—

s. 22(3)(a)

in subsection (1)(a), after “dental practitioners” there shall be inserted“ and dental corporations ”,

s. 22(3)(b)

in subsection (1)(b), after “dental practitioner” there shall be inserted“ or dental corporation ”,

s. 22(3)(c)

in subsection (1)(d), after “dental practitioners” there shall be inserted“ and dental corporations ”, and

s. 22(3)(d)

in subsection (3), after “dental practitioner” there shall be inserted“ or dental corporation ”.

s. 22(4)

In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted—

s. 22(5)

In section 128(1) (interpretation), in the appropriate place there shall be inserted—.

s. 23 — Declaration of financial interests, gifts, etc.

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s. 24 — Supplementary lists

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s. 25 — Suspension and disqualification of practitioners

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s. 26 — PMS and PDS lists

s. 26(1)

After section 28D of the 1977 Act there shall be inserted—

s. 26(2)

After section 8 of the National Health Service (Primary Care) Act 1997 (c. 46) there shall be inserted—

s. 26(3)

In section 40(3) of the National Health Service (Primary Care) Act 1997 (c. 46) (interpretation) after “sections 28C” there shall be inserted“ , 28DA ”.

s. 27 — The Family Health Services Appeal Authority

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Part 2

Pharmaceutical Services

s. 28 — Pilot schemes

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s. 29 — Making pilot schemes

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s. 30 — Designation of priority neighbourhoods or premises

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s. 31 — Reviews of pilot schemes

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s. 32 — Variation and termination of pilot schemes

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s. 33 — NHS contracts

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s. 34 — Funding of preparatory work

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s. 35 — Charges, recovery of payments and penalties

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s. 36 — Effect of the 1977 Act

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s. 37 — Premises from which piloted services may be provided

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s. 38 — Control of entry regulations

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s. 39 — Assessing pilot schemes

s. 39(1)

The relevant authority may not bring section 40 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service (within the meaning of section 206 of the National Health Service Act 2006).

s. 39(2)

In determining whether to bring section 40 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 95 of the National Health Service (Wales) Act 2006.

s. 40 — Provision for LPS schemes

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s. 41 — Corresponding provision and application of enactments

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s. 42 — Dispensing of NHS prescriptions and provision of pharmaceutical services

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s. 43 — Remote provision of pharmaceutical, etc. services

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s. 44 — Dispensing of NHS prescriptions

s. 44(1)

Section 27 of the National Health Service (Scotland) Act 1978 (c. 29) (arrangements for provision of pharmaceutical services) shall be amended as follows.

s. 44(2)

In subsection (1), in paragraph (cc)—

s. 44(2)(a)

for “listed drugs and medicines and listed appliances” there shall be substituted “ such drugs and medicines and such listed appliances as may be determined by the Scottish Ministers for the purposes of this paragraph ”; and

s. 44(2)(b)

for “registered nurse, midwife or health visitor” there shall be substituted “ person in accordance with such conditions, if any, as may be prescribed, ”.

s. 44(3)

After that subsection there shall be inserted—

Part 3

Care Trusts and Partnership Arrangements

s. 45 — Care Trusts

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s. 46 — Directed partnership arrangements

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s. 47 — Further provisions about directions in connection with directed partnership arrangements and Care Trusts

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s. 48 — Transfer of staff in connection with partnership arrangements

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Part 4

Social Care

s. 49 — Exclusion of nursing care from community care services

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s. 50 — Preserved rights: transfer to local authorities of responsibilities as to accommodation

s. 50(1)

The following provisions, namely—shall cease to have effect on the appointed day.

s. 50(1)(a)

section 26A of the National Assistance Act 1948 (c. 29) (which prevents local authorities in England or Wales providing residential accommodation for persons who were in such accommodation on 31st March 1993), and

s. 50(1)(b)

section 86A of the Social Work (Scotland) Act 1968 (c. 49) (which makes corresponding provision for Scotland),

s. 50(2)

For the purposes of this section a “qualifying person” is—

s. 50(2)(a)

(in relation to any time before the appointed day) a person to whom section 26A(1) or section 86A(1) applies; or

s. 50(2)(b)

(in relation to any later time) a person to whom either of those sections applied immediately before that day.

s. 50(3)

Where a qualifying person is immediately before the appointed day ordinarily resident in relevant premises in the area of a local authority (“the responsible authority”), that authority shall secure that—the person is provided with such community care services with respect to his accommodation as appear to the authority to be appropriate having regard to his needs as assessed under section 47(1)(a) of the 1990 Act (assessment of needs for community care services in England or Wales) or section 12A(1)(a) of the 1968 Act (corresponding provision for Scotland).

s. 50(3)(a)

as from that day, or

s. 50(3)(b)

as soon thereafter as is reasonably practicable,

s. 50(4)

Each local authority shall accordingly—

s. 50(4)(a)

use their best endeavours to identify every person ordinarily resident in relevant premises in their area who is a qualifying person; and

s. 50(4)(b)

carry out such a programme of assessments under section 47(1)(a) or 12A(1)(a) in respect of persons so identified as appears to the authority to be required for the purpose of enabling them to discharge their duty under subsection (3) in relation to such persons.

s. 50(5)

Where a person—his existing arrangements shall, by virtue of this subsection, terminate on the date as from which he is provided with those services.

s. 50(5)(a)

is a qualifying person immediately before the appointed day, and

s. 50(5)(b)

is provided by the responsible authority with any community care services with respect to his accommodation in accordance with subsection (3),

s. 50(6)

Where any such person is not provided with any such services as from the appointed day, any liability of his to make any payment under his existing arrangements in respect of any period (or part of a period) falling within the period beginning with the appointed day and ending with—shall instead be a liability of the responsible authority.

s. 50(6)(a)

the date as from which he is provided with any such services, or

s. 50(6)(b)

the date on which he notifies (or is in accordance with regulations to be treated as notifying) the responsible authority that he does not wish to be provided with any such services,

s. 50(7)

However, the responsible authority may, in respect of any payment made by them in pursuance of subsection (6), recover from the person such amount (if any) as may be prescribed; and any such amount shall be so recoverable in accordance with section 56 of the 1948 Act as if it were an amount due to the authority under that Act.

s. 50(8)

The provisions of subsections (3) to (7) do not apply, to such extent as may be prescribed, in relation to any person falling within any prescribed description of persons.

s. 50(9)

Regulations may also—

s. 50(9)(a)

prescribe the circumstances in which persons are to be treated as ordinarily resident in any premises for the purposes of this section;

s. 50(9)(b)

for the purpose of prescribing any such amount as is mentioned in subsection (7), provide for any provision made by or under section 22 or 26 of the 1948 Act to apply with or without modifications.

s. 50(10)

In this section—“the appointed day” means the day appointed under section 70 for the coming into force of subsection (1);“existing arrangements”, in relation to a person, means the arrangements for the provision of accommodation in the relevant premises mentioned in subsection (3), together with any arrangements for the provision of any services or facilities in connection with that accommodation;“prescribed” means prescribed by regulations;“relevant premises”—in relation to... Wales, has the same meaning as in section 26A of the 1948 Act; in relation to Scotland, has the same meaning as in section 86A of the 1968 Act.“the responsible authority” shall be construed in accordance with subsection (3).

s. 51 — Preserved rights: disclosure of information

s. 51(1)

For the purposes of this section a “claimant” is—

s. 51(1)(a)

(in relation to any time before the appointed day) a person who is ordinarily resident in relevant premises and has a preserved right by virtue of which enhanced payments are being made to or in respect of him by way of income support or jobseeker’s allowance, or

s. 51(1)(b)

(in relation to any later time) a person who fell within paragraph (a) immediately before that day.

s. 51(2)

Any information—may be supplied, for qualifying purposes, to the local authority in whose area the relevant premises referred to in subsection (1) are situated or to any person providing services to, or authorised to exercise functions of, the authority.

s. 51(2)(a)

held by, or by a person providing services to, the Secretary of State about a claimant, and

s. 51(2)(b)

relating to income support or jobseeker’s allowance,

s. 51(3)

Where information relating to a claimant is supplied to any authority or person (“the recipient”) in accordance with subsection (2), the information may be supplied by the recipient, for qualifying purposes—

s. 51(3)(a)

to any local authority appearing to the recipient to be providing the claimant with community care services with respect to his accommodation; or

s. 51(3)(b)

to any person providing services to, or authorised to exercise functions of, any such local authority.

s. 51(4)

In subsections (2) and (3) “qualifying purposes”, in relation to information relating to a claimant, means—

s. 51(4)(a)

purposes connected with the performance of functions under section 50 in relation to the claimant, or

s. 51(4)(b)

other purposes connected with the termination of his preserved right in consequence of section 52(1), or

s. 51(4)(c)

(in subsection (2)) any further supply of the information under subsection (3).

s. 51(5)

Where information relating to a particular person is supplied to any authority or person in accordance with subsection (2) or (3), section 123 of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons) shall apply in relation to the disclosure of the information by—without lawful authority (within the meaning of that section) as it applies to any disclosure of information to which subsection (1) of that section applies.

s. 51(5)(a)

the recipient of the information, or

s. 51(5)(b)

any officer or employee of the recipient,

s. 51(6)

In this section—“the appointed day”, “ordinarily resident” and “relevant premises” have the same meaning as they have for the purposes of section 50;“preserved right” means a preserved right within the meaning of the Income Support (General) Regulations 1987 (S.I. 1987/1967).

s. 52 — Preserved rights: alignment of social security benefits

s. 52(1)

The Secretary of State shall so exercise his powers under—as to secure that any special provision made in exercise of those powers as respects income support or jobseeker’s allowance payable to or in respect of persons who have preserved rights ceases to have effect on the appointed day.

s. 52(1)(a)

section 135(1) of the Social Security Contributions and Benefits Act 1992 (c. 4) (applicable amount in relation to income-related benefits), and

s. 52(1)(b)

section 4(5) of the Jobseekers Act 1995 (c. 18) (amount payable by way of jobseeker’s allowance),

s. 52(2)

In this section—“the appointed day” means the day appointed under section 70 for the coming into force of section 50(1);“preserved rights” means preserved rights within the meaning of the Income Support (General) Regulations 1987.

s. 53 — Disregarding of resources when determining need for residential accommodation

In section 21 of the 1948 Act (duties of local authorities to provide accommodation), for subsections (2A) and (2B) there shall be substituted—

s. 54 — Funding by resident etc. of more expensive accommodation

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s. 55 — Power for local authorities to take charges on land instead of contributions

s. 55(1)

Where a person (“the resident”)—the local authority may enter into a deferred payment agreement with the resident.

s. 55(1)(a)

is availing himself of Part 3 accommodation provided by a local authority, or is proposing to do so, and

s. 55(1)(b)

is liable, or would be liable, to pay for the accommodation (whether at the full standard rate determined in accordance with section 22(2) or 26(2) of the 1948 Act or at any lower rate),

s. 55(2)

The relevant authority may by directions require local authorities, where—to enter into a deferred payment agreement with the resident.

s. 55(2)(a)

they provide or are to provide Part 3 accommodation for a person falling within subsection (1) (“the resident”), and

s. 55(2)(b)

any conditions specified in the directions are satisfied,

s. 55(2A)

A local authority in England may not enter into, or be required by directions under subsection (2) to enter into, a deferred payment agreement on or after the day on which section 1 of the Care Act 2014 came into force.

s. 55(2B)

A local authority in Wales may not enter into, or be required by directions under subsection (2) to enter into, a deferred payment agreement on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.

s. 55(3)

A “deferred payment agreement” is an agreement whereby—

s. 55(3)(a)

during the exempt period the resident will not be required to make payment to the authority of any relevant contributions in respect of periods (or parts of periods) falling within the exempt period, but

s. 55(3)(b)

the total amount of the relevant contributions shall become payable to the authority on the day after the date on which the exempt period ends, and

s. 55(3)(c)

the resident will grant the authority a charge in their favour in respect of any land specified in the agreement in which he has a beneficial interest (whether legal or equitable) for the purpose of securing the payment to the authority of the total amount payable to them as mentioned in paragraph (b).

s. 55(4)

“The exempt period”, in relation to a deferred payment agreement, is the period beginning with the time when the agreement takes effect and ending—

s. 55(4)(a)

56 days after the date of the resident’s death, or

s. 55(4)(b)

with any earlier date which, in accordance with the agreement, the resident has specified in a notice given by him to the authority for the purposes of subsection (5)(b).

s. 55(5)

The provisions of any deferred payment agreement and any such charge as is mentioned in subsection (3)(c)—

s. 55(5)(a)

shall be determined by the authority in accordance with any directions given by the relevant authority; but

s. 55(5)(b)

shall secure that the agreement and any such charge may be terminated by notice given to the authority by the resident on payment of the full amount which he is liable to pay as mentioned in subsection (3)(a) down to the date of the payment.

s. 55(6)

Where a deferred payment agreement is in force in respect of the resident—and accordingly any charge granted in pursuance of subsection (3)(c) shall secure payment to the authority of any interest falling due by virtue of paragraph (b) above.

s. 55(6)(a)

no interest shall accrue at any time on or before the date on which the exempt period ends in respect of any sum which he is liable to pay as mentioned in subsection (3)(a); but

s. 55(6)(b)

as from the day after that date, any such sum shall bear interest at such reasonable rate as the relevant authority may direct or, if no such directions are given, as the authority may determine;

s. 55(7)

Any reference in this section to relevant contributions is a reference to—

s. 55(7)(a)

so much of the payments which the resident is liable to pay to an authority for Part 3 accommodation (including any payments which are additional payments for the purpose of section 54) as may be specified in, or determined in accordance with, regulations made for the purposes of this subsection; and

s. 55(7)(b)

any sum due to an authority by the resident under Part 1 of the Care Act 2014 or Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the resident, including anything provided in connection with that accommodation.

s. 55(8)

Any directions given by the relevant authority under this section shall be given to local authorities generally.

s. 56 — Cross-border placements

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s. 57 — Direct payments

s. 57(1)

Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2A) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in subsection... (2A).

s. 57(1A)

Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person (“P”) of a prescribed description—to make, with the requisite consent, such payments as the authority may determine in accordance with the regulations to a suitable person other than P in respect of the other person's securing the provision for P of the service mentioned in subsection (2)(a).

s. 57(1A)(a)

who falls within subsection (2)(a), and

s. 57(1A)(b)

who falls within subsection (5A) or is reasonably believed by the authority to fall within that subsection,

s. 57(1B)

In subsection (1A) “the requisite consent” means—

s. 57(1B)(a)

the consent of the other person; and

s. 57(1B)(b)

where the other person is not a surrogate of P but there is at least one person who is a surrogate of P, the consent also of a surrogate of P.

s. 57(1C)

For the purposes of subsection (1A), a person (whether or not an individual) is “suitable” if—

s. 57(1C)(a)

that person is a representative of P;

s. 57(1C)(b)

that person is not a representative of P (or there is no-one who is a representative of P), but—consider that person to be a suitable person to receive the payments for the purpose of securing provision for P of the service concerned; or

s. 57(1C)(b)(i)

a surrogate of P, and

s. 57(1C)(b)(ii)

the responsible authority,

s. 57(1C)(c)

that person is not a representative of P (or there is no-one who is a representative of P), and there is no-one who is a surrogate of P, but the responsible authority considers that person to be a suitable person to receive the payments for that purpose.

s. 57(2)

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s. 57(2A)

A person falls within this subsection if the person is under 18 and a local authority... have decided under section 47 of the 1990 Act that the person’s needs call for the provision by them of services under section 117 of the Mental Health Act 1983 (after-care).

s. 57(2B)

The local authority mentioned in subsection (2A) are referred to in this section as “the responsible authority”.

s. 57(3)

Regulations under this section may, in particular, make provision—

s. 57(3)(a)

specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person or in respect of a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2A);

s. 57(3)(b)

for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;

s. 57(3)(c)

for the responsible authority to make for the purposes of subsection (4) or (5) such determination as to—as may be prescribed;

s. 57(3)(c)(i)

the payee’s means in the case of direct payments under subsection (1) or, in the case of direct payments under subsection (1A), the means of the person (“the beneficiary”) in respect of whom the payments are required or authorised to be made, and

s. 57(3)(c)(ii)

the amount (if any) which it would be reasonably practicable for him to pay to the authority by way of reimbursement or contribution,

s. 57(3)(d)

as to the conditions falling to be complied with by the payee in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);

s. 57(3)(e)

specifying circumstances in which the responsible authority—

s. 57(3)(e)(i)

may or must terminate the making of direct payments,

s. 57(3)(e)(ii)

may require repayment (whether by the payee in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), or otherwise) of the whole or part of the direct payments;

s. 57(3)(f)

for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;

s. 57(3)(g)

displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2A) only to such extent, and subject to such conditions, as may be prescribed;

s. 57(3)(h)

authorising direct payments to be made to any prescribed person on behalf of the payee.

s. 57(3)(j)

as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;

s. 57(3)(k)

as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;

s. 57(3)(l)

specifying circumstances in which a person who has fallen within subsection (5A) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (5A) for purposes of this section or for purposes of regulations under this section.

s. 57(4)

For the purposes of subsection (3)(b) “gross payments” means payments—

s. 57(4)(a)

which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but

s. 57(4)(b)

which may be made subject to the condition that the payee in the case of direct payments under subsection (1), or the beneficiary in the case of direct payments under subsection (1A), pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.

s. 57(5)

For the purposes of subsection (3)(b) “net payments” means payments—

s. 57(5)(a)

which are made on the basis that the payee will himself in the case of direct payments under subsection (1), or the beneficiary will in the case of direct payments under subsection (1A), pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and

s. 57(5)(b)

which are accordingly made at such a rate below that mentioned in subsection (4)(a) as reflects any such contribution by the payee or (as the case may be) the beneficiary.

s. 57(5A)

A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.

s. 57(5B)

In this section “representative”, in relation to a person, means such other person (whether or not an individual) as may be prescribed.

s. 57(5C)

In this section “surrogate”, in relation to a person, means—whose powers, as deputy or donee, consist of or include such powers as may be prescribed.

s. 57(5C)(a)

a deputy appointed for the person by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005, or

s. 57(5C)(b)

a donee of a lasting power of attorney created by the person,

s. 57(6)

Regulations under this section shall provide that, where direct payments are made in respect of a service which, apart from the regulations, would be provided under section 117 of the Mental Health Act 1983 (c. 20) (after-care)—

s. 57(6)(a)

the payments shall be made at the rate mentioned in subsection (4)(a); and

s. 57(6)(b)

subsection (4)(b) shall not apply.

s. 57(7)

Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.

s. 57(7A)

For the purposes of subsection (3)(d), the conditions that are to be taken to be conditions in relation to direct payments include, in particular, conditions in relation to—

s. 57(7A)(a)

the securing of the provision of the service concerned,

s. 57(7A)(b)

the provider of the service,

s. 57(7A)(c)

the person to whom payments are made in respect of the provision of the service, or

s. 57(7A)(d)

the provision of the service.

s. 57(7B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 57(8)

In this section “prescribed” means specified in or determined in accordance with regulations under this section.

s. 58 — Direct payments in respect of children

For section 17A of the Children Act 1989 (c. 41) there shall be substituted—

s. 59 — Interpretation of Part 4

s. 59(1)

In this Part—“the 1948 Act” means the National Assistance Act 1948 (c. 29);“the 1968 Act” means the Social Work (Scotland) Act 1968 (c. 49);“community care services”—... in relation to Scotland, has the same meaning as in the 1968 Act;“local authority”—... does not, except in sections 55 and 57, include a local authority in England and, for the purposes of those sections in their application to local authorities in England, means a county council in England, a district council for an area in England which has no county council, a London borough council or the Common Council of the City of London; does not, except in section 55, include a local authority in Wales and, for the purpose of that section in its application to local authorities in Wales, means the council of a county or county borough in Wales; in relation to Scotland, has the same meaning as in the 1968 Act;“Part 3 accommodation” means (in accordance with section 54(3)) accommodation provided under sections 21 to 26 of the 1948 Act.

s. 59(2)

In this Part any reference to Part 3 accommodation or to a local authority providing such accommodation shall be construed in accordance with section 21(5) or (6) of the 1948 Act, as the case may be.

s. 59(3)

In this Part any reference (however expressed) to services provided by a local authority includes services which the authority arrange to provide, where they have power to do so.

Part 5

Miscellaneous and supplementary

s. 60 — Control of patient information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61 — Patient Information Advisory Group

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 62 — Reports to Parliament on services for disabled people

s. 62(1)

Section 11 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33) shall be amended as follows.

s. 62(2)

Before subsection (1) there shall be inserted—

s. 62(3)

For subsection (2) there shall be substituted—

s. 63 — Extension of prescribing rights

s. 63(1)

The Medicines Act 1968 (c. 67) shall be amended as provided by subsections (2) to (7).

s. 63(2)

In subsection (1) of section 58 (medicinal products on prescription), after paragraph (d) there shall be inserted.

s. 63(3)

After subsection (1) of that section there shall be inserted—

s. 63(4)

In subsection (4)(a) of that section, after “health visitor,” there shall be inserted “ or is an appropriate practitioner by virtue of provision made under subsection (1)(e) of this section, ”.

s. 63(5)

After subsection (4) of that section there shall be inserted—

s. 63(6)

In subsection (5) of that section, after “subsection (4)(a)” there shall be inserted “ or (4B) ”.

s. 63(7)

In section 67 (offences under Part 2 of the Act)—

s. 63(7)(a)

after subsection (1) there shall be inserted—;

s. 63(7)(b)

in subsection (4), after “under”, there shall be inserted “ subsection (1A), (1B), ”.

s. 63(8)

Each of the powers to establish a committee conferred by subsection (2) or (3) of section 4 of the Medicines Act 1968 (c. 67) may, before the commencement of subsections (1) to (6) of this section, be exercised in relation to section 58 of that Act as if those subsections were in force.

s. 64 — Regulations and orders

s. 64(1)

Any power under this Act to make any order or regulations shall (except in the case of regulations under section 65(3)(c)) be exercisable by statutory instrument.

s. 64(2)

A statutory instrument containing any order or regulations made by the Secretary of State under this Act other than—shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 64(2)(a)

an order under section 70(2), or

s. 64(2)(b)

any regulations to which subsection (3) applies,

s. 64(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 64(4)

A statutory instrument containing any regulations made by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

s. 64(4A)

A statutory instrument containing—is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

s. 64(4A)(a)

regulations made by the Welsh Ministers under section 57, or

s. 64(4A)(b)

regulations made by the Welsh Ministers under section 65 that make provision for the purposes of, in consequence of or for giving full effect to section 57,

s. 64(5)

Any regulations made by virtue of section 65(3)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

s. 64(6)

Any power under this Act to make any order or regulations may be exercised—

s. 64(6)(a)

either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

s. 64(6)(b)

so as to make, as respects the cases in relation to which it is exercised—

s. 64(6)(b)(i)

the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

s. 64(6)(b)(ii)

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

s. 64(6)(b)(iii)

any such provision either unconditionally or subject to any specified condition.

s. 64(7)

Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

s. 64(8)

Any such power includes power—

s. 64(8)(a)

to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient; and

s. 64(8)(b)

to provide for a person to exercise a discretion in dealing with any matter.

s. 64(9)

Nothing in this Act shall be read as affecting the generality of subsection (8).

s. 65 — Supplementary and consequential provision etc

s. 65(1)

The Secretary of State may by regulations make—as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

s. 65(1)(a)

such supplementary, incidental or consequential provision, or

s. 65(1)(b)

such transitory, transitional or saving provision,

s. 65(2)

The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

s. 65(3)

The power to make regulations under this section is also exercisable—

s. 65(3)(a)

by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly;

s. 65(3)(b)

by the Scottish Ministers, in relation to provision that would be within the legislative competence of the Scottish Parliament;

s. 65(3)(c)

by the First Minister and deputy First Minister acting jointly, in relation to provision dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

s. 65(4)

Nothing in this Act shall be read as affecting the generality of subsection (1).

s. 66 — Interpretation

In this Act (unless the context otherwise requires)—...“the 1990 Act” means the National Health Service and Community Care Act 1990 (c. 19);...“regulations” means regulations made by the relevant authority;“the relevant authority” means—in relation to England, the Secretary of State, in relation to Wales, the National Assembly for Wales, and in relation to Scotland (in connection with regulations under section 50), the Scottish Ministers.

s. 67 — Minor and consequential amendments and repeals

s. 67(1)

The minor and consequential amendments specified in Schedule 5 shall have effect.

s. 67(2)

The enactments specified in Schedule 6 are repealed to the extent specified.

s. 68 — Powers of National Assembly for Wales under amended Acts

s. 68(1)

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to the Act as so amended.

s. 68(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 68(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 68(4)

Subsection (1) does not affect the power to make further Orders varying or omitting any such reference as is mentioned in that subsection.

s. 69 — Financial provisions

There shall be paid out of money provided by Parliament—

s. 69(a)

any expenditure incurred by the Secretary of State in consequence of this Act; and

s. 69(b)

any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

s. 70 — Short title, commencement and extent

s. 70(1)

This Act may be cited as the Health and Social Care Act 2001.

s. 70(2)

With the exception of—this Act does not come into force until such day as the relevant authority may by order appoint; and different days may be so appointed for different purposes.

s. 70(2)(a)

sections 59, 60, 61, 64 to 66, 68 and 69 and this section,

s. 70(2)(b)

Part 3 of Schedule 5, and

s. 70(2)(c)

any other provision of this Act so far as it confers any power to make an order or regulations under this Act which is exercisable by the Secretary of State,

s. 70(3)

In subsection (2), in its application in relation to—the reference to the relevant authority shall be read as a reference to the Secretary of State.

s. 70(3)(a)

sections 14 to 17 and 27,

s. 70(3)(b)

sections 50(1), 51 and 52,

s. 70(3)(c)

sections 62 (except so far as extending to Wales) and 63, and

s. 70(3)(d)

any repeals consequential on any provisions falling within paragraph (a) or (b),

s. 70(4)

In subsection (2), in its application in relation to—the reference to the relevant authority shall be read as a reference to the Scottish Ministers.

s. 70(4)(a)

section 44, and

s. 70(4)(b)

the provisions of section 50(2) to (10) so far as relating to Scotland (and not within subsection (2)(c)),

s. 70(5)

Subject to subsections (6) to (8), this Act extends to England and Wales only.

s. 70(6)

The following provisions, namely—also extend to Scotland.

s. 70(6)(a)

sections 50 to 52 and 59,

s. 70(6)(b)

sections 63 to 66, and

s. 70(6)(c)

this section,

s. 70(7)

The following provisions, namely—also extend to Northern Ireland.

s. 70(7)(a)

sections 63 to 65, and

s. 70(7)(b)

this section,

s. 70(8)

The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

s. 70(9)

Subsection (8) does not apply in relation to any amendment or repeal relating to section 115 of the Police Act 1997, and any such amendment or repeal extends to England and Wales only.

s. 70(10)

The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

Sch 1

Exempt information relating to health services

Paragraph

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2

Pilot Schemes

Sch 2

Paragraph

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3

LPS Schemes

Sch 3

Paragraph

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4

Partnership Arrangements: Transfer of Staff

Sch 4

Paragraph

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5

Minor and consequential amendments

Sch 5

National Health Service

Sch 5 para 1 — Health Services and Public Health Act 1968 (c. 46)

Sch 5 para 1(1)

The Health Services and Public Health Act 1968 shall be amended as follows.

Sch 5 para 1(2)

In section 59 (extension of power of user by Crown of patented invention to user for certain health services)—

Sch 5 para 1(2)(a)

in subsection (1), after “pharmaceutical services,” insert “ local pharmaceutical services, ”; and

Sch 5 para 1(2)(b)

after section 59(2A) insert—

Sch 5 para 1(3)

In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert—.

Sch 5 para 2 — House of Commons Disqualification Act 1975 (c. 24)

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute—

Sch 5 para 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 4 — Patents Act 1977 (c. 37)

In section 56 of the Patents Act 1977 (interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert.

Sch 5 para 5 — National Health Service Act 1977 (c. 49)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 6 — Mental Health Act 1983 (c. 20)

Sch 5 para 6(1)

Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.

Sch 5 para 6(2)

In subsection (3), after paragraph (e) insert—.

Sch 5 para 6(3)

After subsection (3) insert—

In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert

Sch 5 para 8 — National Health Service and Community Care Act 1990 (c. 48)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 9 — Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert “ or as a person providing local pharmaceutical services under a pilot scheme established by a Primary Care Trust or Health Authority under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established by a Primary Care Trust or Health Authority under Schedule 8A to the National Health Service Act 1977 (c. 49) ; ”.

Sch 5 para 10 — Tribunals and Inquiries Act 1992 (c. 53)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 11 — National Health Service (Primary Care) Act 1997 (c. 46)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 12 — Health Act 1999 (c. 8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 13 — Local Government Act 2000 (c. 22)

In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after “Schedule 1” insert “ , any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act ”.

Sch 5 para 14 — Freedom of Information Act 2000 (c. 36)

Sch 5 para 14(1)

In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) after paragraph 45 insert—

Sch 5

Social Care

Sch 5 para 15 — Local Authority Social Services Act 1970 (c. 42)

Sch 5 para 15(1)

The Local Authority Social Services Act 1970 shall be amended as follows.

Sch 5 para 15(2)

In section 7B(2) (complaints procedure), for the words from “or if he is in receipt of payment” onwards there shall be substituted “ or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001. ”

Sch 5 para 15(3)

In Schedule 1 (functions referred to social services committee of local authority), at the end insert—

Sch 5 para 16 — Carers and Disabled Children Act 2000 (c. 16)

In section 7 of the Carers and Disabled Children Act 2000 (direct payments and vouchers), at the end of subsection (2) insert “ so far as relating to the inserted section 17B of that Act. ”

Sch 5

Patient Information

Sch 5 para 17 — House of Commons Disqualification Act 1975 (c. 24)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 18 — Freedom of Information Act 2000 (c. 36)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6

Repeals

Sch 6

National Health Service

Sch 6

Pharmaceutical Services

Sch 6

Social Care

UKPGA-2001-15 Health and Social Care Act 2001 UK

Health service funding

Terms of employment of health service employees

Local authority scrutiny of health service provision

Public involvement and consultation

Independent advocacy services

Intervention powers

Abolition of Medical Practices Committee and National Health Service Tribunal

General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services

Personal medical services and personal dental services

The Family Health Services Appeal Authority

Preparation and making of pilot schemes

Reviews, variation and termination of pilot schemes

NHS contracts and financial provisions

General

Assessing the result of pilot schemes

Provision for local pharmaceutical schemes

Corresponding provision, etc.

England and Wales

Scotland

Nursing care

Preserved rights

Measures to increase availability of Part 3 accommodation

Direct payments

Supplementary

Patient information

Services for disabled people

Prescribing rights

Supplementary