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Health and Social Care Act 2001

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Health and Social Care Act 2001. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. The Act

  4. Commentary on Sections

    1. Part 1: National Health Service

      Health Service Funding

      1. Section 1: Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

      2. Section 2: Payments relating to past performance

      3. Section 3: Supplementary payments to NHS trusts and Primary Care Trusts

      4. Section 4: Public-Private Partnerships

      5. Section 5: Income Generation

      6. Terms of employment of health service employees

        1. Section 6: Terms and conditions of employment by certain health service bodies

      7. Scrutiny of Health Service provision, Patient and Public involvement and Independent Advocacy – Background

      8. Local Authority Scrutiny of Health Service Provision

        1. Section 7: Functions of overview and scrutiny committees

        2. Section 8: Joint overview and scrutiny committees etc

        3. Section 9: Overview and scrutiny committees: exempt information

        4. Section 10: Application to the City of London

      9. Public involvement and consultation

        1. Section 11: Public involvement and consultation.

      10. Independent advocacy services

        1. Section 12: Independent advocacy services

      11. Intervention powers

        1. Section 13: Intervention orders

      12. Abolition of Medical Practices Committee and National Health Service Tribunal

        1. Section 14: Abolition of Medical Practices Committee

        2. Section 15: Vacancies for medical practitioners

        3. Section 16: Abolition of NHS Tribunal

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

        1. Section 17: Remuneration of General Medical Practitioners

        2. Section 18: Out of hours medical services

        3. Section 19: Enhanced criminal record certificates

        4. Section 20: Medical, dental, ophthalmic and pharmaceutical lists etc.

        5. Section 21: Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

        6. Section 22: Dental Corporations

        7. Section 23: Declaration of financial interests, gifts, etc.

        8. Section 24: Supplementary lists

        9. Section 25: Suspension and disqualification of practitioners

      14. Personal medical services and personal dental services

        1. Section 26: PMS and PDS lists

      15. The Family Health Services Appeal Authority

        1. Section 27: The Family Health Services Appeal Authority

    2. Part 2: Pharmaceutical Services

      1. Chapter 1: Local Pharmaceutical Services

        1. Preparation and making of pilot schemes

          1. Section 28: Pilot Schemes

          2. Section 29: Making Pilot Schemes

          3. Section 30: Designation of priority neighbourhoods or premises

        2. Reviews, variation and termination of pilot schemes

          1. Section 31: Reviews of Pilot Schemes

          2. Section 32: Variation and Termination of Pilot Schemes

        3. NHS contracts and financial provision

          1. Section 33: NHS Contracts

          2. Section 34: Funding of preparatory work

          3. Section 35: Charges, recovery of payments and penalties

        4. General

          1. Section 36: Effect of the 1977 Act

          2. Section 37: Premises from which pilot services may be provided

          3. Section 38: Control of Entry Regulations

        5. Assessing the result of pilot schemes

          1. Section 39: Assessing pilot schemes

        6. Provision for local pharmaceutical schemes

          1. Section 40: Provision for LPS schemes

        7. Corresponding provision, etc.

          1. Section 41: Corresponding provision and application of enactments

          2. Schedule 2: Pilot Schemes

          3. Schedule 3: Local Pharmaceutical Services

      2. Chapter 2: Changes to existing arrangements

        England and Wales

        1. Section 42: Dispensing of NHS prescriptions and provision of pharmaceutical services

        2. Section 43: Remote provision of pharmaceutical, etc. services

        3. Scotland

          1. Section 44: Dispensing of NHS prescriptions

    3. Part 3: Care Trusts and Partnership Arrangements

      1. Sections 45 -47: Care Trusts and directed partnership arrangements

      2. Section 45: Care Trusts where voluntary arrangements

      3. Sections 46 and 47: Directed partnership arrangements and further provisions about directions in connection with such arrangements and Care Trusts.

      4. Section 48: Transfer of staff in connection with partnership arrangements

    4. Part 4 : Social Care

      1. Nursing care

        1. Section 49: Exclusion of nursing care from community care services

      2. Preserved rights

        1. Section 50: Preserved rights: transfer to local authorities of responsibilities as to accommodation

        2. Section 51: Preserved rights: disclosure of information

        3. Section 52: Preserved rights: alignment of social security benefits

      3. Measures to increase availability of Part 3 accommodation

        1. Section 53: Disregarding of resources when determining need for residential accommodation

        2. Section 54: Funding by resident etc. of more expensive accommodation

        3. Section 55: Power for local authorities to take charges on land instead of contributions

        4. Section 56: Cross-Border Placements

      4. Direct payments

        1. Section 57: Direct Payments

        2. Section 58: Direct payments in respect of children

        3. Section 59: Interpretation of Part 4

    5. Part 5 : Miscellaneous and Supplementary

      1. Patient information

        1. Section 60: Control of patient information

        2. Section 61: Patient Information Advisory Group

      2. Services for disabled people

        1. Section 62: Reports to Parliament on services for disabled people

      3. Prescribing rights

        1. Section 63: Extension of prescribing rights

        2. Section 64: Regulations and orders

        3. Section 65: Supplementary and consequential provision etc

        4. Section 66: Interpretation

        5. Section 67: Minor and Consequential amendments and repeals

        6. Section 68: Powers of National Assembly for Wales for Wales under amended Acts

        7. Section 69: Financial provisions

        8. Section 70: Short title, commencement and extent

  5. Commencement and Extent

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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