Search Legislation

Care Act 2014

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Care Act 2014, Section 120. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

120Powers of administrator etc.E+W

This section has no associated Explanatory Notes

(1)In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2: interpretation) (the existing text of which becomes subsection (1)) at the end insert—

(2)The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust.

(3)The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.

(2)In section 65F of that Act (administrator's draft report), in subsection (1), for “45 working days” substitute “ 65 working days ”.

(3)In subsection (5)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute

(i)would achieve the objective set out in section 65DA(1)(a), and

(ii)would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,.

(4)After subsection (7) of that section insert—

(8)Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.

(9)A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.

(10)Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.

(5)In section 65G of that Act (consultation plan), in subsection (2), for “30 working days” substitute “ 40 working days ”.

(6)In subsection (4)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute

(i)would achieve the objective set out in section 65DA(1)(a), and

(ii)would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,.

(7)After subsection (6) of that section insert—

(7)Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.”

(8)A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (4) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.

(9)Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.

(8)In section 65H of that Act (consultation requirements), in subsection (4)—

(a)after “trust special administrator must” insert

(a)”, and

(b)at the end insert , and

(b)in the case of each affected trust, hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.

(9)In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) inserted by section 85(10)(a) of this Act) insert—

(bza)any affected trust;

(bzb)any person to which an affected trust provides goods or services under this Act that would be affected by the action recommended in the draft report;

(bzc)any local authority in whose area the trust provides goods or services under this Act;

(bzd)any local authority in whose area an affected trust provides goods or services under this Act;

(bze)any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or (bzd);.

(10)In subsection (8) of that section, omit paragraph (e).

(11)In subsection (9) of that section—

(a)after “trust special administrator must” insert

(a)”,

(b)after “subsection (7)(b),” (but before the insertion made by section 85(10)(b) of this Act) insert “ (bzb), ”, and

(c)at the end insert—

(b)hold at least one meeting to seek responses from representatives of each of the trusts from which the administrator must request a written response under subsection (7)(bza), and

(c)hold at least one meeting to seek responses from representatives of each of the local authorities and Local Healthwatch organisations from which the administrator must request a written response under subsection (7)(bzc), (bzd) and (bze).

(12)After subsection (11) of that section, insert—

(11A)In this section, “affected trust” means—

(a)where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods or services under this Act that would be affected by the action recommended in the draft report;

(b)where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which provides services under this Act that would be affected by the action recommended in the draft report.

(11B)In this section, a reference to a local authority includes a reference to the council of a district only where the district is comprised in an area for which there is no county council.

(13)In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “ , (bzb), (bzc) and (bzd) ”.

(14)In section 65N of that Act (guidance), after subsection (1) insert—

(1A)It must, in so far as it applies to NHS trusts, include guidance about—

(a)seeking the support of commissioners for an administrator's recommendation;

(b)involving the Board in relation to finalising an administrator's report or draft report.

(15)In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the end insert—

(4)This section does not require the Board to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).

(16)In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end insert—

(7)This section does not require a clinical commissioning group to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).

(17)In section 242 of that Act (public involvement and consultation by NHS trusts and foundation trusts), in subsection (6)—

(a)for “65I, 65R or 65U” substitute “ or 65I ”, and

(b)for the words from “the decision” to the end substitute “ the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be). ”

(18)In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)—

(a)after paragraph 4 insert—

In section 13Q(4) (public involvement and consultation by Board), omit “makes a decision under section 65K(1),”.

In section 14Z2 (public involvement and consultation by clinical commissioning groups), omit “makes a decision under section 65K(1),”.,

(b)in paragraph 15(4), in the new subsection (2A) to be inserted into section 65F of the National Health Service Act 2006, in paragraph (a), for “would achieve the objective set out in section 65DA(1)(a)” substitute

(i)would achieve the objective set out in section 65DA(1)(a), and

(ii)would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust that provides services under this Act to the commissioner,,

(c)in paragraph 15(4), after the new subsection (2C) to be inserted into that section, insert—

(2D)Where the administrator recommends taking action in relation to another NHS foundation trust, the references in subsection (2A) to a commissioner also include a reference to a person to which the other NHS foundation trust provides services under this Act that would be affected by the action.

(2E)A service provided by an NHS foundation trust is an essential service for the purposes of subsection (2A) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.

(2F)Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.,

(d)in paragraph 15, after sub-paragraph (7) insert—

(8)Omit subsections (8) to (10).,

(e)in paragraph 16 (the text of which becomes sub-paragraph (1)) at the end insert—

(2)In subsection (4)(a)(ii) of that section, omit “or NHS trust”.

(3)In subsection (7) of that section, omit “or an NHS trust” and “or the NHS trust”.

(4)In subsection (8) of that section, omit “or an NHS trust”.,

(f)in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute “ paragraphs (b), (bzb), (bzc) and (bzd) ”,

(g)in that paragraph, after sub-paragraph (4) insert—

(4A)In subsection (11A)—

(a)omit paragraph (a), and

(b)in paragraph (b), omit “where the trust in question is an NHS foundation trust,” and “, or an NHS trust,”.,

(h)in paragraph 24, after sub-paragraph (2) insert—

(2A)Omit subsection (1A).,

(i)after that paragraph insert—

In section 65O (interpretation)—

(a)omit subsection (2), and

(b)in subsection (3), omit “or an NHS trust”., and

(j)in paragraph 35, omit the “and” preceding paragraph (d) and after that paragraph insert , and

(e)in subsection (6), omit “makes a decision under section 65K(1),”.

Annotations: Help about Annotation
Close

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. 120 in force at 15.7.2014 by S.I. 2014/1714, art. 3(2)(c)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources