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

Status:

This version of this cross heading contains provisions that are prospective.

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where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Social Care (Community Health and Standards) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Part 1 Crossheading Miscellaneous:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 48-69A repealed by 2008 c. 14 Sch. 5 para. 40 Sch. 15 Pt. 1

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act modified by S.I. 2004/567 art. 2
Act modified by S.I. 2009/462 art. 9 Sch. 3
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 47A-47C inserted by 2006 c. 28 s. 14
s. 47A-47C repealed by 2008 c. 14 Sch. 5 para. 39 Sch. 15 Pt. 1
s. 53A 53B inserted by 2006 c. 28 s. 16
s. 69A inserted by 2004 c. 23 Sch. 2 para. 59
s. 145A inserted by 2004 c. 23 Sch. 2 para. 61
s. 145A repealed by 2008 c. 14 Sch. 5 para. 50 Sch. 15 Pt. 1

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2003/3346 art. 2-5 commences (2003 c. 43)
S.I. 2004/288 art. 2-6 commences (2003 c. 43)
S.I. 2004/480 art. 2-5 commences (2003 c. 43)
S.I. 2004/759 art. 2-13 commences (2003 c. 43)
S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/873 art. 2 commences (2003 c. 43)
S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
S.I. 2004/2626 art. 2 commences (2004 c. 43)
S.I. 2005/38 art. 2 commences (2003 c. 43)
S.I. 2005/457 art. 2 commences (2003 c. 43)
S.I. 2005/2278 art. 2 commences (2003 c. 43)
S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
S.I. 2005/3285 art. 2 commences (2003 c. 43)
S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2005/2925
S.I. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
S.I. 2006/1680 art. 2 3 commences (2003 c. 43)
S.I. 2006/2817 art. 2 commences (2003 c. 43)
S.I. 2006/3397 art. 2 3 commences (2003 c. 43)
S.I. 2008/1334 art. 2 commences (2003 c. 43)
S.I. 2011/212 art. 2 commences (2003 c. 43)
S.S.I. 2007/10 art. 2 commences (2003 c. 43)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2005/121 art. 2 commences (2004 c. 17)
S.I. 2005/394 art. 2 commences (2004 c. 31)
S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
S.I. 2005/1432 art. 2 commences (2005 c. 12)
S.I. 2005/2800 art. 3-5 commences (2005 c. 10)
S.I. 2006/885 art. 2 commences (2004 c. 31)
S.I. 2006/2603 art. 2-5 commences (2006 c. 28)
S.I. 2006/3125 art. 2-4 commences (2006 c. 28)
S.I. 2007/935 art. 2-7 commences (2006 c. 40)
S.I. 2007/1102 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2008/172 art. 2-9 commences (2007 c. 28)
S.I. 2008/917 art. 2-5 commences (2007 c. 28)
S.I. 2008/1900 art. 2 commences (2007 c. 12)
S.I. 2009/462 art. 2-5 commences (2008 c. 14)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
S.I. 2010/30 art. 2-4 commences (2009 c. 21)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/807 art. 2 Sch. 1 commences (2008 c. 14)
S.I. 2011/211 art. 2 commences (2008 nawm 1)
S.I. 2011/211 art. 2 Sch. commences ()
S.I. 2011/1066 art. 2 commences (2010 c. 15)
S.S.I. 2007/9 art. 2 commences (2006 c. 28)
S.S.I. 2011/268 art. 8 commences (2011 asp 7)

MiscellaneousE+W

Prospective

33TaxationE+W

(1)In section 519A of the Income and Corporation Taxes Act 1988 (c. 1) (taxation of health service bodies), in subsection (2), after paragraph (b) there is inserted—

“(bb)an NHS foundation trust”.

(2)Section 61(3) of the 1990 Act (health service bodies: stamp duty) applies to an NHS foundation trust as it applies to an NHS trust.

(3)In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the Crown), in subsection (7), after “1978” there is inserted “ an NHS foundation trust ”.

Prospective

34Other amendments relating to NHS foundation trustsE+W

Schedule 4 (which makes amendments relating to NHS foundation trusts) has effect.

35Conduct of electionsE+W

(1)Regulations may make provision as to the conduct of elections for membership of the board of governors of an NHS foundation trust.

(2)The regulations may in particular provide for—

(a)nomination of candidates and obligations to declare their interests,

(b)systems and methods of voting, and the allocation of places on the board of governors, at contested elections,

(c)filling of vacancies,

(d)supervision of elections,

(e)election expenses and publicity,

(f)questioning of elections and the consequences of irregularities.

(3)Regulations under this section may create offences punishable on summary conviction with a maximum fine not exceeding level 4 on the standard scale.

(4)An NHS foundation trust must secure that its constitution is in accordance with regulations under this section.

(5)Pending the coming into force of regulations under this section, elections for membership of the board of governors of an NHS foundation trust, if contested, must be by secret ballot.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 35 partly in force; s. 35 in force at Royal Assent for certain purposes, see s. 199(1)(4)

Prospective

36OffenceE+W

(1)A person may not vote at an election for the board of governors of an NHS foundation trust unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held.

(2)A person may not stand for election to the board unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held and is not prevented from being a member of the board by paragraph 8 of Schedule 1.

(3)A person elected to the board may not vote at a meeting of the board unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the trust and is not prevented from being a member of the board by paragraph 8 of Schedule 1.

(4)This section does not apply to an election held for the staff constituency.

(5)Specified means specified for the purpose in the trust’s constitution.

(6)A person is guilty of an offence if he—

(a)makes a declaration under this section which he knows to be false in a material particular, or

(b)recklessly makes such a declaration which is false in a material particular.

(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Prospective

37Representative membershipE+W

An authorisation may require an NHS foundation trust to take steps to secure that (taken as a whole) the actual membership of any public constituency and (if there is one) of the patients' constituency is representative of those eligible for such membership.

Prospective

38AuditE+W

Schedule 5 (which makes provision in relation to the audit of the accounts of NHS foundation trusts) has effect.

Prospective

39General duty of NHS foundation trustsE+W

An NHS foundation trust must exercise its functions effectively, efficiently and economically.

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

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Changes and effects

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

MiscellaneousE+W

33TaxationE+W

34Other amendments relating to NHS foundation trustsE+W

35Conduct of electionsE+W

36OffenceE+W

37Representative membershipE+W

38AuditE+W

39General duty of NHS foundation trustsE+W

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