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Health and Social Care Act 2008

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Health and Social Care Act 2008. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

    1. Part 1 – The Care Quality Commission

    2. Part 2 – Regulation of Health Professions and Health and Social Care Workforce

    3. Part 3 – Public Health Protection

    4. Part 4 – Health in Pregnancy Grant

    5. Part 5 – Miscellaneous

      1. Duty of Primary Care Trusts

      2. Pharmaceutical services

      3. Indemnity schemes in connection with provision of health services

      4. Weighing and measuring of children

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

      6. Direct payments in lieu of provision of care services

      7. Abolition of maintenance liability of relatives

      8. Ordinary residence for certain purposes of National Assistance Act 1948

      9. Financial assistance related to provision of health or social care services

      10. National Information Governance Board for Health and Social Care

      11. Functions of the Health Protection Agency in relation to biological substances

    6. Part 6 – General

  3. Overview of the Structure

  4. Territorial Extent

    1. The Care Quality Commission

    2. Regulation of Health Professions and Health and Social Care Workforce

    3. Public Health Protection

    4. Health in Pregnancy Grant

    5. Amendments relating to National Health Service

    6. Weighing and measuring of children

    7. Social care

    8. Financial assistance related to provision of health or social care services

    9. National Information Governance Board for Health and Social Care

    10. Functions of the Health Protection Agency in relation to biological substances

    11. Territorial application: Wales

      1. Part 1 – the Care Quality Commission

        1. Chapter 1 – Introductory

          1. Section 1: The Care Quality Commission

          2. Schedule 1: The Care Quality Commission

          3. Section 2: The Commission’s functions

          4. Section 3: The Commission’s objectives

          5. Section 4: Matters to which the Commission must have regard

          6. Section 5: Statement on user involvement

          7. Section 6: Transfers of property, rights and liabilities

          8. Schedule 2: Transfers of property and staff

        2. Chapter 2 – Registration in Respect of Provision of Health Or Social Care

          1. Introductory

            1. Sections 8 and 9: Introductory

    12. Registration of persons carrying on regulated activities

      1. Sections 10 to 12: Registration of persons carrying on regulated activities

    13. Registration of managers

      1. Sections 13 to 15: Registration of managers

    14. Further provision about registration as a service provider or manager

      1. Section 16: Regulations about registration

      2. Sections 17 and 18: Cancellation / suspension of registration

      3. Section 19: Applications by registered persons

    15. Regulation, code of practice and guidance

      1. Sections 20 to 25: Requirements in relation to regulated activities

    16. Registration procedure

      1. Sections 26 and 27: Notices of proposals and rights to make representations

      2. Section 28: Notice of decisions

      3. Section 29: Warning notice

      4. Section 30: Urgent procedure for cancellation

      5. Section 31: Urgent procedure for suspension, variation

      6. Section 32: Appeals to the Tribunal

    17. Offences

      1. Sections 33 to 37: Offences

    18. Information to be available to public

      1. Section 38: Provision of copies of registers

    19. Miscellaneous

      1. Section 39: Bodies required to be notified of certain matters

      2. Sections 40 to 42: Miscellaneous

    20. Power to modify provisions of Chapter

      1. Section 43: Power to modify Chapter in relation to newly regulated activities

      2. Chapter 3 – Quality of Health and Social Care

        1. Health care standards

          1. Section 45: Standards set by Secretary of State

    21. Reviews and investigations

      1. Section 46: Periodic reviews

      2. Section 47: Frequency and period of review

      3. Section 48: Special reviews and investigations

      4. Section 49: Power to extend periodic review function

      5. Section 50: Failings by English local authorities

      6. Section 51: Failings by Welsh NHS bodies

      7. Chapter 4 – Functions under Mental Health Act 1983

        1. Section 52 and Schedule 3 – Transfer and amendment of functions under Mental Health Act 1983

      8. Chapter 5 – Further Functions

        1. Section 53: Information and advice

        2. Section 54: Studies as to economy, efficiency

        3. Section 55: Publication of results of studies under s.54

        4. Section 56: Role of Audit Commission

        5. Section 57: Reviews of data, studies and research

        6. Section 58: Publication of information

        7. Section 59: Additional functions

      9. Chapter 6 – Miscellaneous and General

        1. Inspections

          1. Sections 60 and 61: Inspections

    22. Powers of entry

      1. Sections 62 to 65: Powers of entry

    23. Interaction with other authorities

      1. Section 66: Interaction with other authorities

      2. Schedule 4: Interaction with other authorities

      3. Section 67: Co-ordination of reviews or assessments

      4. Section 68: Avoidance of unreasonable burdens in exercise of regulatory powers

      5. Section 69: Co-operation between the Commission and Welsh Ministers

      6. Section 70: Co-operation between the Commission and the Independent Regulator of NHS Foundation Trusts

      7. Section 71: Provision of information by Auditor General for Wales

      8. Section 72: Provision of material to the Comptroller and Auditor General

      9. Sections 73 and 74: Arrangements with Ministers

    24. Inquiries

      1. Section 75: Inquiries

    25. Information

      1. Sections 76 and 77: Disclosure of confidential personal information / Defence

      2. Section 78: Use of information

      3. Section 79: Permitted disclosures

      4. Section 80: Code of practice on confidential personal information

    26. Further provisions about functions of Commission

      1. Section 81: Publication of programme of reviews

      2. Section 82: Failure by the Commission in discharge of its functions

      3. Section 83: Reports for each financial year

      4. Section 84: Reports and information

    27. Fees

      1. Section 85: Fees

    28. Enforcement

      1. Sections 86 and 87: Penalty notices

      2. Section 88: Guidance by the Commission in relation to enforcement action

      3. Section 89: Publication of information relating to enforcement action

      4. Section 90: Proceedings for offences

      5. Section 91: Offences by bodies corporate

      6. Section 92: Unincorporated associations

    29. Service of documents

      1. Sections 93 and 94: Service of documents

    30. Further amendments

      1. Section 95 and Schedule 5: Further amendments relating to Part 1

    31. Crown application

      1. Section 96: Application of Part 1 to Crown

    32. Interpretation

      1. Section 97: General interpretation of Part 1

      2. Part 2 – Regulation of Health Professions and Health and Social Care Workforce

        1. The Office of the Health Professions Adjudicator

          1. Section 98: The Office of the Health Professions Adjudicator

          2. Schedule 6: The Office of the Health Professions Adjudicator

          3. Section 99: Functions under Medical Act 1983 and Opticians Act 1989

          4. Schedule 7

          5. Section 100: Fitness to practise panels

          6. Section 101: Lists of persons eligible for membership of fitness to practise panels

          7. Section 102: Further provisions about listed persons

          8. Section 103: Legal assessors

          9. Section 104: Clinical and other specialist advisers

          10. Section 105 Procedural rules

          11. Section 106: Administration of oaths and issuing of witness summonses

          12. Section 107: Duty to inform the public

          13. Section 108: Duty to consult

          14. Section 109: rules: supplementary

          15. Section 110: Fees payable by General Medical Council and General Optical Council

    33. Amendments of Part 3 of Health Act 1999

      1. Section 111: Extension of powers under s.60 of Health Act 1999

      2. Schedule 8: Extension of powers under s.60 of Health Act 1999

      3. Section 112: Standard of proof in fitness to practise proceedings

    34. Council for Healthcare Regulatory Excellence

      1. Section 113: Council for Healthcare Regulatory Excellence

      2. Section 114: Constitution of the Council

      3. Section 115: Powers and duties of Council

      4. Section 116: Powers of Secretary of State and devolved administrations

      5. Section 117: Duty to inform and consult the public

      6. Section 118: Reference of cases by Council to court

    35. Conduct and performance of medical practitioners and other health care workers

      1. Section 119: Responsible officers and their duties relating to medical profession

    36. New section 45A of the Medical Act 1983 – requirement to nominate or appoint responsible officer

    37. New section 45B of the Medical Act 1983 – responsibilities of responsible officer

    38. New section 45C of the Medical Act 1983 – further provisions

    39. New section 45D of the Medical Act 1983 – Crown application

    40. New section 45E of the Medical Act 1983 – regulations under section 45A: supplementary provisions

    41. New section 45F of the Medical Act 1983 – interpretation of Part 5A

      1. Section 120: Additional responsibilities of responsible officers: England and Wales and Northern Ireland

      2. Section 121: Co-operation between prescribed bodies

      3. Section 122: Ss.120 and 121: Crown application

    42. Hearing Aid Council

      1. Section 123: Dissolution of Hearing Aid Council

    43. Regulation of social care workforce

      1. Section 124: Regulation of social care workers

      2. Schedule 9: Regulation of social care workers

      3. Section 125: Standard of proof in proceedings relating to registration of social care worker

    44. Approved mental health professionals

      1. Section 126: Education and training of approved mental health professionals

      2. Part 3 – Public Health Protection

        1. Section 129: Public health protection

        2. Section 130: Further amendments relating to public health protection

        3. Schedule 11: Public health protection: further amendments

      3. Part 4 – Health in Pregnancy Grant

        1. England, Wales and Scotland

          1. Section 131: Entitlement: Great Britain

          2. Section 132: Administration: Great Britain

          3. Section 133: Penalty: Great Britain

    45. Northern Ireland

      1. Section 134: Entitlement: Northern Ireland

      2. Section 135: Administration: Northern Ireland

      3. Section 136: Penalty: Northern Ireland

      4. Section 137: Northern Ireland: health in pregnancy grant to be excepted matter

      5. Section 138: General and supplementary

      6. Part 5 – Miscellaneous

        1. Amendments relating to National Health Service

          1. Section 139: Duty of Primary Care Trusts

          2. Section 140 and Schedule 12: Pharmaceutical services

          3. Section 141: Remuneration for persons providing pharmaceutical services: appointment of determining authorities

          4. Section 142: Indemnity schemes in connection with provision of health services

    46. Weighing and measuring of children

      1. Sections 143 and 144: Weighing and measuring of children

    47. Social care

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

      2. Section 146: Direct payments in lieu of provision of care services

      3. Section 147 and Schedule 13: Abolition of maintenance liability of relatives

      4. Section 148: Ordinary residence for certain purposes of National Assistance Act 1948

    48. Financial assistance related to provision of health or social care services

      1. Sections 149 and 150: Power of Secretary of State to give financial assistance; Qualifying bodies

      2. Sections 151 and 152: Forms of assistance under s.149; Terms on which assistance under s.149 is given

      3. Section 153: Directions to certain NHS bodies

      4. Section 154: Arrangements with other third parties

      5. Section 155: Power to form a company

      6. Section 156: Interpretation of group of sections

    49. National Information Governance Board for Health and Social Care

      1. Section 157 and section 158: National Information Governance Board for Health and Social Care

    50. Functions of Health Protection Agency in relation to biological substances

      1. Section 159: Functions of Health Protection Agency in relation to biological substances

      2. Part 6 – General

        1. Section 161: Orders, regulations and directions: general provisions

        2. Section 162: Orders and regulations: Parliamentary control

        3. Section 163: Orders and regulations: control by National Assembly for Wales

        4. Section 164: Regulations: control by Northern Ireland Assembly

        5. Section 165: Directions

        6. Section 166: Repeals

        7. Section 167: Power to make transitional and consequential provision

        8. Section 168: Financial provisions

        9. Section 169: Extent

        10. Section 170: Commencement

        11. Section 171: The appropriate authority by whom commencement order is made

        12. Section 172: Consultation in relation to commencement

  5. Hansard References

  • 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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