Part 1NHS foundation trusts
Introductory
F301NHS foundation trusts
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F302Independent Regulator of NHS Foundation Trusts
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F303General duty of regulator
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Authorisation
F304Applications by NHS trusts
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F305Other applications
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F306Authorisation of NHS foundation trusts
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F307Effect of authorisation
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F308Amendments of constitution
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F309Variation of authorisation
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F3010Register of NHS foundation trusts
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Financial matters
F3011Power of Secretary of State to give financial assistance
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F3012Prudential borrowing code
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F3013Public dividend capital
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Functions
F3014Authorised services
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F3015Private health care
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F3016Protection of property
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F3017Financial powers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3018General powers
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F3019Information
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F3020Entry and inspection of premises
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F3021Fees
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F3022Trust funds and trustees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Failure
F3023Failing NHS foundation trusts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3024Voluntary arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3025Dissolution etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3026Sections 24 and 25: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mergers
F3027Mergers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3028Section 27: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Co-operation
F3029Co-operation between NHS bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Patient and public involvement
F3030Public involvement and consultation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3031Patients' Forums
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3032Commission for Patient and Public Involvement in Health
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
I4333Taxation
F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
I4434Other amendments relating to NHS foundation trusts
Schedule 4 (which makes amendments relating to NHS foundation trusts) has effect.
F3235Conduct of elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3236Offence
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F3237Representative membership
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3238Audit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3239General duty of NHS foundation trusts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F3240Interpretation of Part 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Standards
Chapter 1Regulatory bodies
F5641The Commission for Healthcare Audit and Inspection
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5642The Commission for Social Care Inspection
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5643Transfer of property etc to CHAI and CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5644Abolition of former regulatory bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5Chapter 2NHS health care: introductory
I52C1C345Quality in health care
F1161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Part “health care” means—
a
services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and
b
the promotion and protection of public health.
3
In subsection (2)(a), “illness” has the meaning given by F14section 275 of the 2006 Act.
F624
In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006.
F6446Standards set by Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5647Standards set by Assembly
1
The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.
2
The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate.
3
The Assembly must consult such persons as it considers appropriate—
a
before publishing a statement under this section;
b
before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards.
C44
The standards set out in statements under this section are to be taken into account by F117a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
F5947ACode of practice relating to health care associated infections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5947B Consultation etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5947CEffect of code under section 47A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3NHS health care: functions of CHAI
Healthcare provided by and for NHS bodies
F6548Introductory
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6549National performance data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6550Annual reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6551Reviews: England and Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6552Reviews and investigations: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6553Failings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6553AFailings in connection with code under section 47A: improvement notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6553B Code of practice: action by CHAI following service of improvement notice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6554Functions relating to Secretary of State and Assembly
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6555Reviews of data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6556Co-ordination of reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
F6557Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6558Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F6559Criteria
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6560Provision of material
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6561Co-operation between CHAI and the regulator
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6562Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6563Fees: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6564Reports and information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6565Co-operation between CHAI and the Audit Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7266Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6867Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6968Power to require documents and information etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7069Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7169AProvision of information by Auditor General for Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6Chapter 4NHS health care: functions of National Assembly for Wales
Pt. 2 Ch. 4 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
Reviews and investigations
I5770Reviews and investigations relating to Wales
1
The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.
2
The Assembly may in particular under this section conduct—
a
a review of the overall provision of health care by and for Welsh NHS bodies;
b
a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;
c
a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.
3
The Assembly has the function of conducting reviews of the F118steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
F13A
Before conducting a review under this section the Assembly must—
a
consult the Auditor General for Wales, and
b
take into account any relevant work done or being done by the Auditor General for Wales.
4
In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with—
a
the availability of, and access to, the health care;
b
the quality and effectiveness of the health care;
c
the financial or other management of the health care and the economy and efficiency of its provision;
d
the availability and quality of information provided to the public about the health care;
e
the need to safeguard and promote the rights and welfare of children; and
f
the effectiveness of measures taken for the purpose specified in paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body,
and must take into account the standards set out in statements published under section 47.
5
For the purposes of this section the Assembly may carry out an inspection of—
a
any Welsh NHS body;
b
any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere).
6
Where the Assembly conducts a review under this section it must publish a report.
I5871Reporting to Secretary of State and regulator
1
The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, it is of the view that—
a
there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;
b
there are significant failings in the running of an English NHS body or cross-border SHA; or
c
there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA.
2
A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measuresF81or request another person to take special measures in relation to—
a
the English NHS body or cross-border SHA; and
b
in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph.
F823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A report under this section must give the Assembly’s reasons for its view and for any recommendation made.
Ancillary powers
I5972Right of entry
1
A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—
a
any premises owned or controlled by a Welsh NHS body;
b
any other premises used, or proposed to be used, for any purpose connected with—
i
the provision of health care by or for a Welsh NHS body; or
ii
the discharge of any of the functions of a Welsh NHS body.
2
A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
I6073Right of entry: supplementary
1
A person authorised by virtue of section 72 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—
a
inspect, take copies of and remove from the premises any documents or records (including personal records);
b
inspect any other item and remove it from the premises;
c
interview in private—
i
any person working at the premises;
ii
any person receiving health care there who consents to be interviewed; and
d
make any other examination into the state and management of the premises and treatment of persons receiving health care there.
2
The power in subsection (1)(a) includes—
a
power to require any person holding or accountable for documents or records kept on the premises to produce them; and
b
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
3
A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
4
A person authorised by virtue of section 72 to enter and inspect any premises may—
a
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 72 or this section; and
b
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
5
Any person who without reasonable excuse—
a
obstructs the exercise of any power conferred by section 72 or this section, or
b
fails to comply with any requirement of section 72 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
I6174Power to require documents and information
1
The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—
a
which relates or relate to—
i
the provision of health care by or for a Welsh NHS body; or
ii
the discharge of any of the functions of a Welsh NHS body; and
b
which the Assembly considers it necessary or expedient to have for the purposes of this Chapter.
2
The persons referred to in subsection (1) are—
a
the Welsh NHS body;
b
any person providing health care for, or exercising functions of, the Welsh NHS body;
c
a local authority in Wales.
3
The power in subsection (1) to require the provision of records includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.
4
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
I1I6275Power to require explanation
1
The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of—
a
any documents, records or items inspected, copied or provided under sections 72 to 74,
b
any information provided under those sections, or
c
any matters which are the subject of the exercise of any function of the Assembly under section 70, and
in circumstances where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.
2
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.
3
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Chapter 5Social services: functions of CSCI
Provision of social services
F6676Introductory
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6677Information and advice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6678Review of studies and research
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6679Annual reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6680Other reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6681Failings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
F6682Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6683Joint working with Audit Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6684Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F6685Criteria
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6686Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6687Reports and information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7388Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7489Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7590Power to require information etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7691Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Chapter 6Social services: functions of National Assembly for Wales
Pt. 2 Ch. 6 repealed (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 18; S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
Provision of social services
F10192General function
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10193Reviews of studies and research
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10194Reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10195Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10196Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10197General considerations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancillary powers
F10198Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10199Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101100Power to require information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101101Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 7Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
F57102Transfer of functions to CHAI and CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57103General functions of CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57104General functions of CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2105Fees
I85I103I108I1101
The Care Standards Act 2000 (c. 14) is amended as follows.
I842
After section 113 insert—
113AFees payable under Part 2
1
The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.
2
Provision under subsection (1) may include provision—
a
for different amounts to be payable in different cases, or classes of case;
b
for different amounts to be payable by persons of different descriptions.
3
Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.
4
No provision may be made under subsection (1) without the consent of the Secretary of State.
5
If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).
6
Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate.
I102I1093
In section 12 (applications for registration), in subsection (2), for “a fee of the prescribed amount” substitute “
a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly.
”
I102I1094
In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitute
a fee of—
a
the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or
b
the prescribed amount, where the registration authority is the Assembly.
I102I1095
In that section, in subsection (5)—
a
for “subsection (3)” substitute “
subsection (3)(b)
”
; and
b
for “the registration authority” substitute “
the Assembly
”
.
I102I107I1106
In section 16 (regulations about registration), for subsection (3) substitute—
3
Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee—
a
of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and
b
of such amount as may be prescribed, where the registration authority is the Assembly.
I102I1097
In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from “of a fee” to the end substitute
, in respect of any notification required to be made by virtue of paragraph (h), of a fee of—
i
such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or
ii
the prescribed amount, where notification is made to the Assembly
Miscellaneous
I45I66106Meaning of “independent medical agency”
In section 2(5) of the Care Standards Act 2000 (c. 14)
(an “independent medical agency” does not include an independent clinic), after “clinic” insert “
or an independent hospital
”
.
I99107Children’s homes providing secure accommodation
1
In section 4 of the Care Standards Act 2000 (c. 14)
(basic definitions), in subsection (8)(a)
(references to a description of establishment), after “children’s home” insert “
, a children’s home providing accommodation for the purpose of restricting liberty,
”
.
2
In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—
a
omit paragraph (a), and
b
in paragraph (b), for “mentioned in paragraph (a)” substitute “
of restricting liberty
”
.
I67I47108Information and inspection
1
Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.
2
After subsection (1), insert—
1A
The power under subsection (1) to require the provision of information includes—
a
power to require the provision of copies of any documents or records (including medical and other personal records); and
b
in relation to records kept by means of a computer, power to require the provision of the records in legible form.
3
In subsection (3)—
a
in paragraph (b), for “(other than medical records)” substitute “
(including medical and other personal records)
”
; and
b
in paragraph (d), for “employed” substitute “
working
”
.
4
In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.
I63109Assembly: duties relating to children
In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—
6
The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—
a
its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and
b
any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England.
Chapter 8Other functions of CSCI
F37110Boarding schools and colleges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I51I68111Boarding schools and colleges: reports
In section 87 of the Children Act 1989, after subsection (9) insert—
9A
Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, it must publish a report on whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.
9B
Where the Commission or the National Assembly for Wales publishes a report under this section, it must—
a
send a copy of the report to the school or college concerned; and
b
make copies of the report available for inspection at its offices by any person at any reasonable time.
9C
Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate.
F38112Secure training centres
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 9Complaints
I3113Complaints about health care
I1111
The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
a
the exercise of any of the functions of an English NHS body or a cross-border SHA F109(including any function that consists of exercising the function of another person);
b
the provision of health care by or for such a body;
c
F107d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1562
The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
a
the exercise of any of the functions of a Welsh NHS body;
b
the provision of health care by or for a Welsh NHS body;
c
the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority.
F79d
the provision of redress by or for a Welsh NHS body under the NHS Redress (Wales) Measure 2008.
I111I1563
Regulations under this section may provide for a complaint to be considered by one or more of the following—
a
an NHS body;
F51b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an independent lay person;
d
an independent panel established under the regulations;
e
any other person or body.
I111I1564
Regulations under this section may make provision for a complaint or any matter raised by a complaint—
a
F2in the case of regulations under subsection (1), to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c. 46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act);
F3aa
in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under F105the Public Services Ombudsman (Wales) Act 2019 (and to be treated by him as a complaint duly referred to him under F106section 3(3) of that Act);
b
to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
I4114Complaints about social servicesF91: England
I1121
The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
a
the discharge by a local authority in England of any of its social services functions;
b
the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
c
the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under F26section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 in relation to the functions of an NHS body (within the meaning of that section).
I1122
Regulations F94under this section may provide for a complaint to be considered by one or more of the following—
a
the local authority in respect of whose functions the complaint is made;
F52b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an independent panel established under the regulations;
d
any other person or body.
F95I983
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F95I984
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I100I1125
Regulations under this section may provide for a complaint or any matter raised by a complaint—
a
F93b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
I1126
Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).
I5I113C7115Complaints regulations: supplementary
I1011
Regulations under subsection (1) or (2) of section 113 or under subsection (1) F96... of section 114 (“the regulations”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.
I1012
The regulations may make provision about—
a
the persons who may make a complaint;
b
the complaints which may, or may not, be made under the regulations;
c
the persons to whom complaints may be made;
d
complaints which need not be considered;
e
the period within which complaints must be made;
f
the procedure to be followed in making, handling and considering a complaint;
g
matters which are excluded from consideration;
h
the making of a report or recommendations about a complaint;
i
the action to be taken as a result of the complaint.
I1573
The regulations may require—
a
the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made;
b
any such payment to be—
i
made to such person or body as may be specified in the regulations; and
ii
of such amount as may be specified in, or calculated or determined under, the regulations;
c
an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
I1014
The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations.
I1015
The regulations may also—
a
provide for different parts or aspects of a complaint to be treated differently;
b
require the production of information or documents in order to enable a complaint to be properly considered;
c
authorise the disclosure of information or documents relevant to a complaint to a person or body—
i
who is considering a complaint under the regulations; or
ii
to whom a complaint has been referred;
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
I1016
The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for—
a
enabling such a complaint to be made under the regulations; and
b
securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures;
and in this subsection “statutory complaints procedures” means procedures established by or under any enactment.
116Further consideration of representations under the Children Act 1989
F391
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F973
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6I91117Representations relating to special guardianship support services
I75I921
In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—
3C
The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
a
a child with respect to whom a special guardianship order is in force,
b
a special guardian or a parent of such a child,
c
any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
d
any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.
I762
Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.
I70118Complaints about handling of complaints
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—
1E
Where a complaint is duly made to a Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.
I71119Complaints: data protection
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—
6
Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
Chapter 10Supplementary and general
Joint working
F67I7I48120Co-operation etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67121Reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67122Joint annual reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67123Power to assist
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements with public authorities
F67124Arrangements with Ministers etc: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67125Arrangements with Ministers etc: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67126Arrangements with the Isle of Man and Channel Islands: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67127Arrangements with the Isle of Man and Channel Islands: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports
F67128Reports: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67129Reports: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship with government
F67130Duty to have regard to government policy: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67131Duty to have regard to government policy: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67132Failure in discharge of functions: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67133Failure in discharge of functions: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inquiries
F67134Inquiries: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67135Inquiries: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information
F77136Disclosure of information obtained by CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78137Section 136: defence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67138Information obtained by CHAI: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67139Information obtained by CSCI: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67140Code of practice: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67141Code of practice: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wales: supplementary
I64142Annual reports of Assembly
As soon as possible after the end of each financial year of the Assembly, the Assembly must make and publish a report or reports on—
a
what it has found during the year in the course of exercising—
i
its functions under Chapter 4 F102... of this Part (other than any function of making regulations);
ii
its functions exercisable by virtue of F103section 5(1)(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);
b
the way in which the Assembly has during the year exercised those functions.
143F53Use by Welsh Ministers of information
1
The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.
2
The functions of the Welsh Ministers referred to in subsection (1) are—
a
their functions under Chapter 4 of this Part;
F104b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;
d
their functions under section 80 of the Children Act 1989;
e
their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);
f
any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.
3
References to functions in subsection (2) do not include functions of making regulations.
F54I65144Inquiries: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55145Co-operation between Assembly and CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58145ADuties in connection with the Auditor General for Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
I49146Offences by bodies corporate
1
This section applies where any offence under this Part is committed by a body corporate.
2
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
any director, manager, or secretary of the body corporate, or
b
any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
a
to any other similar officer of the body; and
b
where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.
I24I26I39I40I53I46I50I72I117147Minor and consequential amendments
Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.
I8I25148Interpretation of Part 2
In this Part—
F90...
F47...
“cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
F48...
“English local authority social service” means—
- a
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
- b
a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;
- c
a service which—
- i
is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) F80or section 1 of the Localism Act 2011; and
- ii
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
F36but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006.
- i
- a
“English NHS body” means—
F49...
“health care” has the meaning given by section 45(2);
“local authority”F99 —
- a
in relation to England, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
- b
F100in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014
- a
F50...
“NHS body” means—
- a
an English NHS body;
- b
a Welsh NHS body;
- c
a cross-border SHA;
- a
“NHS trust” has the same meaning as in F27the 2006 Act;
“personal records” includes medical records;
“prescribed” means prescribed by regulations made by—
- a
the Secretary of State;
- b
in the case of sections 63, 75 and 101, the Assembly;
- a
“regulator” means the Independent Regulator of NHS Foundation Trusts;
F98“social services functions” in relation to —
- a
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
- i
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
- ii
functions prescribed by regulations under section 135(1)(f) of that Act;
- i
- b
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;
- a
“ Welsh local authority social service ” means—
- a
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
- b
a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;
- c
a service which—
- i
is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and
- ii
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;
- i
- a
“ Welsh NHS body ” means—
- a
a Local Health Board;
- b
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
- c
a Special Health Authority performing functions only or mainly in respect of Wales.
- a
149References to the provision of health care
1
For the purposes of this Part, a person provides health care for another person if he provides it—
a
at the direction of the other person;
b
in accordance with, or by virtue of, an agreement or arrangements made by the other person (whether or not with the person providing the health care); or
c
otherwise on behalf of the other person.
2
References in this section to the provision of health care include references to its provision jointly with another person.
Part 3Recovery of NHS charges
NHS charges
I9150Liability to pay NHS charges
I119I1181
This section applies if—
a
a person makes a compensation payment to or in respect of any other person (the “injured person”) in consequence of any injury, whether physical or psychological, suffered by the injured person, and
b
the injured person has—
i
received NHS treatment at a health service hospital as a result of the injury,
ii
been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a health service hospital for NHS treatment (unless he was dead on arrival at that hospital), or
iii
received treatment as mentioned in sub-paragraph (i) and been provided with ambulance services as mentioned in sub-paragraph (ii).
I119I1182
The person making the compensation payment is liable to pay the relevant NHS charges—
a
in respect of—
i
the treatment, in so far as received at a hospital in England or Wales,
ii
the ambulance services, in so far as provided to take the injured person to such a hospital,
to the Secretary of State,
b
in respect of—
i
the treatment, in so far as received at a hospital in Scotland,
ii
the ambulance services, in so far as provided to take the injured person to such a hospital,
to the Scottish Ministers.
I119I1183
“Compensation payment” means a payment, including a payment in money’s worth, made—
a
by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or
b
in pursuance of a compensation scheme for motor accidents,
but does not include a payment mentioned in Schedule 10.
I119I1184
Subsection (1)(a) applies—
a
to a payment made—
i
voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
ii
in the United Kingdom or elsewhere, and
b
if more than one payment is made, to each payment.
I119I1185
“Injury” does not include any disease.
I119I1186
Nothing in subsection (5) prevents this Part from applying to—
a
treatment received as a result of any disease suffered by the injured person, or
b
ambulance services provided as a result of any disease suffered by him,
if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).
I119I1187
“NHS treatment” means any treatment (including any examination of the injured person) other than—
F15a
treatment provided by virtue of—
i
section 21(4) or 44(6) of the 2006 Act,
ii
paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,
iii
paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or
iv
section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,
(accommodation and services for private patients)
b
other treatment provided by an NHS foundation trust in pursuance of an undertaking to pay in respect of the treatment given by or on behalf of the injured person,
c
treatment provided at a health service hospital by virtue of F16section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006 or section 64 of the 1978 Act (permission for use of national health service accommodation or facilities in private practice), or
d
treatment provided by virtue of—
i
F17section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006 (primary medical and dental services), or
F11ii
section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services).
8
In relation to any time before sections 170 and 172 come into force, the references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act are to be taken as a reference to section 35 of that Act (arrangements for general dental services).
9
In relation to any time before sections 174 and 175 come into force, the references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are to be taken as a reference to section 29 of that Act (arrangements for general medical services).
I119I11810
“Relevant NHS charges” means the amount (or amounts) specified in a certificate of NHS charges—
a
issued under this Part, in respect of the injured person, to the person making the compensation payment, and
b
in force.
I119I11811
“Compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons.
I119I11812
Regulations may amend Schedule 10 by omitting or modifying any payment for the time being specified in that Schedule.
I119I11813
This section applies in relation to any injury which occurs after the date on which this section comes into force.
I119I11814
For the purposes of this Part, it is irrelevant whether a compensation payment is made with or without an admission of liability.
Certificates of NHS charges
I10I120I138151Applications for certificates of NHS charges
1
Before a person makes a compensation payment in consequence of any injury suffered by an injured person, he may apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.
2
If the Secretary of State receives or the Scottish Ministers receive an application under subsection (1), he or they must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).
3
A certificate may provide that it is to remain in force—
a
until a specified date,
b
until the occurrence of a specified event, or
c
indefinitely.
4
A person may apply under subsection (1) for a fresh certificate from time to time.
5
Subsection (2) does not require the Secretary of State or the Scottish Ministers to arrange for a fresh certificate to be issued to a person applying under subsection (4) if, when the application is received, a certificate issued to the applicant in respect of the injured person is still in force; but the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.
6
If a certificate expires, the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued without an application having to be made.
7
In the circumstances mentioned in subsection (8), a person who has made a compensation payment in consequence of an injury suffered by an injured person must apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.
8
The circumstances are that—
a
at the time the payment is made by the person—
i
no certificate has been issued to him in respect of the injured person, or
ii
if such a certificate has been issued to him, it is no longer in force, and
b
no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.
9
An application for a certificate must be made in the prescribed manner and, in the case of an application under subsection (7), within the prescribed period.
10
On receiving an application under subsection (7), the Secretary of State or the Scottish Ministers must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).
11
In this section and section 152, “relevant NHS charges” has the meaning given in section 150(10).
I121I139152Section 151: supplementary
1
Subsection (2) applies if—
a
an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and
b
it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due to the Scottish Ministers or the Secretary of State (respectively) instead.
2
The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively), and the application is to be treated, for the purposes of this Part, as having been made to the Scottish Ministers or the Secretary of State (as the case may be).
3
Subsection (4) applies if—
a
an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and
b
it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due in part to him or them and in part to the Scottish Ministers or the Secretary of State (respectively).
4
The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively) in so far as the application relates to relevant NHS charges due to them or him, and the application is to be treated, for the purposes of this Part, as having been made to the Secretary of State in so far as it relates to relevant NHS charges due to him under subsection (2) of section 150 and to the Scottish Ministers in so far as it relates to relevant NHS charges due to them under that subsection.
5
A certificate may be issued under section 151 jointly by the Secretary of State and the Scottish Ministers specifying—
a
an amount (or amounts) for which a person is liable under subsection (2) of section 150 to the Secretary of State, and
b
an amount (or amounts) for which that person is liable under that subsection to the Scottish Ministers,
in respect of the same injured person in consequence of the same injury.
6
In the case of a certificate issued under section 151 specifying an amount (or amounts) as mentioned in paragraphs (a) and (b) of subsection (5), references in the following provisions of this Part to a certificate are to be taken as being to the certificate in so far as it relates to the liability to the Secretary of State or in so far as it relates to the liability to the Scottish Ministers (as the case may require).
I11I122I140153Information contained in certificates
1
A certificate must specify the amount (or amounts) for which the person to whom it is issued is liable under section 150(2).
2
The amount (or amounts) to be specified is (or are) to be that (or those) set out in, or determined in accordance with, regulations, reduced if applicable in accordance with subsection (3) or regulations under subsection (10).
3
If a certificate relates to a claim made by or on behalf of an injured person—
a
in respect of which a court in England and Wales or Scotland has ordered a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),
b
in respect of which a court in Northern Ireland has ordered a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),
c
in respect of which a court in a country other than England and Wales, Scotland or Northern Ireland has ordered a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,
d
in respect of which an officer of a court in England and Wales or Northern Ireland has entered or sealed an agreed judgement or order which specifies—
i
that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and
ii
the amount or proportion by which they are to be so reduced,
e
in the case of which the parties to any resulting action before a court in Scotland have executed a joint minute which specifies—
i
that the action has been settled extra-judicially, and
ii
the matters mentioned in paragraph (d)(i) and (ii),
f
in respect of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
i
which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and
ii
which specifies the matters mentioned in paragraph (d)(i) and (ii), or
g
in the case of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
i
which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and
ii
which specifies the matters mentioned in paragraph (d)(i) and (ii),
the amount (or amounts) specified in the certificate is (or are) to be that (or those) which would be so specified apart from this subsection, reduced by the same proportion as the reduction of damages.
4
If a certificate relates to an injured person who has not received NHS treatment at a health service hospital or been provided with NHS ambulance services as a result of the injury, it must indicate that no amount is payable to the Secretary of State or the Scottish Ministers (as the case may be) by reference to that certificate.
5
Regulations under subsection (2) may, in particular, provide—
a
that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum,
b
for different amounts to be specified in respect of different circumstances or areas,
c
for cases in which an injured person receives treatment at two or more health service hospitals,
d
for cases in which an injured person receives treatment at one or more health service hospitals and is provided with NHS ambulance services,
e
for cases in which liability under section 150(2) is to be apportioned between two or more persons making compensation payments to or in respect of the same injured person in consequence of the same injury,
f
for cases in which a fresh certificate is issued or a certificate is revoked as a result of a review under or by virtue of section 156 or an appeal under section 157 or 159,
g
for the amount specified in a certificate issued by the Secretary of State or the Scottish Ministers to be adjusted to take into account any amount for which the person to whom the certificate is issued is liable under section 150(2), in respect of the same injured person in consequence of the same injury, in accordance with a certificate issued by the Scottish Ministers or the Secretary of State (respectively),
h
for any matter requiring determination under or in consequence of the regulations to be determined by the Secretary of State or the Scottish Ministers (as the case may require),
and in the case of paragraph (e) may make such provision by modifying this Part.
6
Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified in a certificate is to the amount (or amounts) which would be so specified apart from subsection (3) or regulations under subsection (10).
7
Regulations under subsection (2) which provide for cases mentioned in subsection (5)(e) may (among other things) provide in the case of each compensator for—
a
determining, or re-determining, the amount for which he is liable under section 150(2),
b
giving credit for amounts already paid, and
c
the payment by any person of any balance or the recovery from any person of any excess.
8
Regulations under subsection (2) which provide for cases mentioned in subsection (5)(f) may (among other things) provide in the case of any compensator for the matters mentioned in paragraphs (b) and (c) of subsection (7).
F109
For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if—
a
it is settled by mediation of a prescribed description , and
b
the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.
10
Regulations may make provision as to the circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim is (or are) to be that (or those) which would be so specified apart from the regulations, reduced by the same proportion as the reduction of damages.
11
A person to whom a certificate is issued is entitled to such particulars of the manner in which any amount (or amounts) specified in the certificate has (or have) been determined as may be prescribed, if he applies to the Secretary of State or the Scottish Ministers (as the case may require) for those particulars.
12
Regulations under subsection (2) may be made so as to apply to any certificate issued after the time the regulations come into force, other than one relating to a compensation payment made before that time.
Recovery of NHS charges
I141I123154Payment of NHS charges
1
If the certificate by reference to which an amount payable under section 150(2) is determined is issued before the settlement date, that amount must be paid before the end of the period of 14 days beginning with the settlement date.
2
If the certificate by reference to which an amount payable under section 150(2) is determined is issued on or after the settlement date, that amount must be paid before the end of the period of 14 days beginning with the day on which the certificate is issued.
3
“Settlement date” means the date on which the compensation payment is made.
4
This section is subject to section 155(2).
I142I124155Recovery of NHS charges
1
This section applies if a person has made a compensation payment and either—
a
subsection (7) of section 151 applies but he has not applied for a certificate as required by that subsection, or
b
he has not made payment, in full, of any amount due under section 150(2) by the end of the period allowed under section 154.
2
The Secretary of State, the Scottish Ministers or both, according to the circumstances of the case, may—
a
in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and
b
in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,
and, in either case, issue him with a demand that payment of any amount due under section 150(2) be made immediately.
3
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (2) above as they apply to certificates issued under section 151.
4
A demand issued under subsection (2) may be issued jointly by the Secretary of State and the Scottish Ministers specifying—
a
an amount due under subsection (2) of section 150 to the Secretary of State, and
b
an amount due under that subsection to the Scottish Ministers,
in respect of the same injured person in consequence of the same injury.
5
In the case of a demand specifying amounts as mentioned in subsection (4)(a) and (b), references in the following provisions of this section to a demand are to be taken as being (as the case may require) to—
a
the demand in so far as it relates to any amount due to the Secretary of State, or
b
the demand in so far as it relates to any amount due to the Scottish Ministers,
and related expressions are to be read accordingly.
6
The Secretary of State or the Scottish Ministers may recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.
7
8
If the person who made the compensation payment resides or carries on business in Scotland, the demand may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
9
A document which states that it is a record of the amount recoverable under subsection (6) is conclusive evidence that the amount is so recoverable if it is signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be).
10
For the purposes of subsection (9), a document purporting to be signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be) is to be treated as so signed unless the contrary is proved.
Review and appeal
I12I125I143156Review of certificates
1
The Secretary of State or the Scottish Ministers must review a certificate issued by him or them if the certificate relates to a claim made by or on behalf of an injured person—
a
in respect of which, after the certificate is issued, a court in England and Wales or Scotland orders a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),
b
in respect of which, after the certificate is issued, a court in Northern Ireland orders a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),
c
in respect of which, after the certificate is issued, a court in a country other than England and Wales, Scotland or Northern Ireland orders a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,
d
in respect of which, after the certificate is issued, an officer of a court in England and Wales or Northern Ireland enters or seals an agreed judgement or order which specifies—
i
that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and
ii
the amount or proportion by which they are to be so reduced,
e
in the case of which, after the certificate is issued, the parties to any resulting action before a court in Scotland execute a joint minute which specifies—
i
that the action has been settled extra-judicially, and
ii
the matters mentioned in paragraph (d)(i) and (ii),
f
in respect of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
i
which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and
ii
which specifies the matters mentioned in paragraph (d)(i) and (ii), or
g
in the case of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—
i
which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and
ii
which specifies the matters mentioned in paragraph (d)(i) and (ii),
and notification of the order, judgement, minute or document has been given to the Secretary of State or the Scottish Ministers (as the case may be) in the prescribed manner.
2
Regulations may make provision as to the circumstances in which the Secretary of State or the Scottish Ministers must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in section 153(9)).
3
If—
a
the Secretary of State and the Scottish Ministers have issued certificates to a person specifying an amount (or amounts) for which that person is liable under section 150(2) in respect of the same injured person in consequence of the same injury, and
b
either the Secretary of State or the Scottish Ministers subsequently adjusts or adjust the amount (or amounts) specified in the certificate issued by him or them on a review of, or an appeal against, that certificate,
the other must review the certificate issued by him or them (as the case may be) if he is or they are satisfied that it is necessary or expedient to make consequential adjustments to that certificate.
4
The Secretary of State or the Scottish Ministers may review a certificate issued by him or them—
a
either within the prescribed period or in prescribed cases or circumstances, and
b
either on application made for the purpose or on his or their initiative.
5
On a review under or by virtue of this section, the Secretary of State or the Scottish Ministers may—
a
confirm the certificate,
b
issue a fresh certificate containing such variations as he considers or they consider appropriate, or
c
revoke the certificate.
6
But the Secretary of State or the Scottish Ministers may not vary a certificate so as to increase the amount, or the aggregate amount, specified unless it appears to him or them that the variation is required as a result of his or their having been supplied with incorrect or insufficient information by the person to whom the certificate is issued.
7
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (5)(b) above as they apply to certificates issued under section 151.
I13I144I126157Appeal against a certificate or a waiver decision
1
An appeal against a certificate may be made by the person to whom the certificate was issued on one or more of the following grounds—
a
that an amount (or amounts) specified in the certificate is (or are) incorrect,
b
that an amount (or amounts) so specified takes (or take) into account—
i
treatment which is not NHS treatment received by the injured person, as a result of his injury, at a health service hospital,
ii
ambulance services which are not NHS ambulance services provided to the injured person as a result of his injury, or
iii
treatment as mentioned in sub-paragraph (i) and ambulance services as mentioned in sub-paragraph (ii),
c
that the payment on the basis of which the certificate was issued is not a compensation payment.
2
No appeal may be made until—
a
the claim against the person to whom the certificate was issued, which gives rise to the compensation payment, has been finally disposed of, and
b
payment of the amount (or amounts) specified in the certificate has been made to the Secretary of State or the Scottish Ministers (as the case may be), subject to subsection (4) and sections 158(6) and 159(5).
3
For the purposes of subsection (2)(a), if an award of damages in respect of a claim has been made under or by virtue of—
a
section 32A(2)(a) of the F60Senior Courts Act 1981,
b
section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the Administration of Justice Act 1982 (c. 53), or
c
section 51(2)(a) of the County Courts Act 1984 (c. 28),
(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.
4
The Secretary of State or the Scottish Ministers may, on an application by the person to whom the certificate was issued, waive the requirement in subsection (2)(b) that payment of the amount (or amounts) specified in the certificate be made before making an appeal.
5
The Secretary of State or the Scottish Ministers may only grant a waiver if it appears to him or them that payment of the amount (or amounts) specified in the certificate would cause exceptional financial hardship.
6
An appeal against a decision of the Secretary of State or the Scottish Ministers on an application under subsection (4) (referred to in this section and F44section 158 as a “waiver decision”) may be made by the person to whom the certificate was issued.
7
Regulations may make provision—
a
as to the manner in which, and the time within which, an appeal against a certificate or waiver decision may be made,
b
as to the procedure to be followed if an appeal against a certificate or waiver decision is made,
c
F45...and
d
for the purpose of enabling an appeal against a certificate to be treated as an application for a review under section 156.
I14I145I127158Appeal tribunals
1
The Secretary of State or the Scottish Ministers must refer to F41the First-tier Tribunal an appeal against—
a
a certificate, or
b
a waiver decision.
2
In determining an appeal against a certificate, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury in question.
3
On an appeal against a certificate, the tribunal may—
a
confirm the amount or amounts specified in the certificate,
b
specify any variations which are to be made on the issue of a fresh certificate under subsection (4), or
c
declare that the certificate is to be revoked.
4
When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of F42a tribunal on an appeal against a certificate, he or they must in accordance with that decision—
a
confirm the certificate,
b
issue a fresh certificate, or
c
revoke the certificate.
5
Subsections (5) and (6) of section 152 apply to certificates issued under subsection (4)(b) above as they apply to certificates issued under section 151.
6
On an appeal against a waiver decision, the tribunal may—
a
confirm the decision, or
b
waive the requirement in question.
F437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46159Appeal to Social Security Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information
I15I128I146160Provision of information
1
If compensation is sought in consequence of any injury suffered by an injured person, such information with respect to the circumstances of the case as may be prescribed must be given by the following persons to the Secretary of State or the Scottish Ministers (as the case may require)—
a
the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,
b
the injured person or, if the injured person has died, his personal representative,
c
anyone not within paragraph (a) who is, or is alleged to be, liable to any extent in respect of the injury,
d
if the claim is not made by the injured person, the person by whom it is made,
e
anyone acting on behalf of the person within any of paragraphs (b) to (d),
f
the responsible body of each health service hospital at which the injured person has received NHS treatment as a result of his injury,
g
any ambulance trust which provided NHS ambulance services as a result of his injury.
2
A person who is required to give information under this section must do so—
a
in the prescribed manner, and
b
within the prescribed period.
3
Regulations under this section may, in particular, require the provision of information about any NHS treatment which an injured person has received at a health service hospital and any NHS ambulance services provided to the injured person.
4
In this section—
“ambulance trust”—
- a
in relation to England or Wales, means—
- i
a National Health Service trust established under F19section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 , or
- ii
an NHS foundation trust,
- i
- b
in relation to Scotland, means a Special Health Board established under section 2(1)(b) of the 1978 Act;
- a
“responsible body”, in relation to a health service hospital, means—
- a
in the case of a hospital vested in—
- i
a National Health Service trust established under F20section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act, F86...
- ii
F86...
the trust, and
- i
- b
in any other case, the body responsible for the management of the hospital.
- a
I129I147161Use of information held by the Secretary of State or the Scottish Ministers etc.
1
Subsection (2) applies to information which is held—
a
by the Secretary of State, or
b
by a person providing services to the Secretary of State in connection with the provision of those services,
for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27).
2
The information may—
a
be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part, and
b
be supplied to a qualifying person for use for those purposes.
3
In subsection (2), “qualifying person” means—
a
in the case of information held by the Secretary of State—
i
a person providing services to the Secretary of State, or
ii
the Scottish Ministers or a person providing services to the Scottish Ministers, or
b
in the case of information held by a person providing services to the Secretary of State—
i
the Secretary of State or another person providing services to the Secretary of State, or
ii
the Scottish Ministers or a person providing services to the Scottish Ministers.
4
Subsection (5) applies to information which is held—
a
by the Secretary of State or the Scottish Ministers, or
b
by a person providing services to the Secretary of State or the Scottish Ministers in connection with provision of those services,
for the purposes of, or for any purpose connected with, the exercise of functions under this Part.
5
The information may—
a
be used for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997, and
b
be supplied to a qualifying person for use for those purposes.
6
In subsection (5), “qualifying person” means—
a
in the case of information held by the Secretary of State, a person providing services to the Secretary of State,
b
in the case of information held by the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State,
c
in the case of information held by a person providing services to the Secretary of State, the Secretary of State or another person providing services to the Secretary of State,
d
in the case of information held by a person providing services to the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State.
Payments to hospitals or ambulance trusts
I16I148I130162Payment of NHS charges to hospitals or ambulance trusts
1
If the Secretary of State receives or the Scottish Ministers receive a payment of relevant NHS charges under section 150(2)—
a
if the payment relates only to NHS treatment received at a health service hospital, he or they must pay the amount received to the responsible body of the health service hospital,
b
if the payment relates only to the provision of NHS ambulance services, he or they must pay the amount received to the relevant ambulance trust,
c
if the payment relates to NHS treatment received at more than one health service hospital, he or they must divide the amount received among the responsible bodies of the hospitals concerned in such manner as he considers or they consider appropriate,
d
if the payment relates to NHS treatment received at one or more health service hospitals and the provision of NHS ambulance services, he or they must divide the amount received among the responsible body or bodies of the hospital or hospitals and any relevant ambulance trusts concerned in such manner as he considers or they consider appropriate.
2
Subsection (1) does not apply to any amount received by the Secretary of State or the Scottish Ministers under section 150(2) which he is or they are required to repay in accordance with regulations under section 153(2).
3
Regulations under this section may—
a
make provision for the manner in which and intervals at which any payments due under this section are to be made,
b
make provision for cases where the responsible body of the health service hospital or relevant ambulance trust concerned has ceased to exist (including provision modifying this Part).
4
Any amounts received under this section by the responsible bodies of the health service hospitals concerned must be used for the purposes of providing goods and services for the benefit of patients receiving NHS treatment at those hospitals.
5
Any amounts received under this section by the relevant ambulance trusts concerned must be used for the purposes of NHS ambulance services.
6
In this section—
“relevant ambulance trust”—
- a
in relation to England or Wales, means—
- i
the National Health Service trust established under F28section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006, or
- ii
the NHS foundation trust,
which is designated by the Secretary of State for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment,
- i
- b
in relation to Scotland, means the Special Health Board, established under section 2(1)(b) of the 1978 Act, which is designated by the Scottish Ministers for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment;
- a
“responsible body” has the meaning given in section 160(4).
Miscellaneous and general
I17I131163Regulations governing lump sums, periodical payments etc
I1491
Regulations may make provision (including provision modifying this Part)—
a
for cases to which section 150(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury,
b
for cases to which section 150(2) applies in which an agreement is entered into for the making of—
i
periodical compensation payments (whether of an income or capital nature), or
ii
periodical compensation payments and lump sum compensation payments,
c
for cases in which the compensation payment to which section 150(2) applies is an interim payment of damages which a court orders to be repaid.
I1492
Regulations made by virtue of subsection (1)(a) may (among other things) provide—
a
for giving credit for amounts already paid, and
b
for the payment by any person of any balance or the recovery from any person of any excess.
3
Regulations may make provision modifying the application of this Part in relation to cases in which a payment into court is made and, in particular, may provide—
a
for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment,
b
for application for, and issue of, certificates.
I18I132I150164Liability of insurers
1
If a compensation payment is made in a case where—
a
a person is liable to any extent in respect of the injury, and
b
the liability is covered to any extent by a policy of insurance,
the policy is also to be treated as covering any liability of that person under section 150(2).
2
Liability imposed on the insurer by subsection (1) cannot be excluded or restricted.
3
For that purpose excluding or restricting liability includes—
a
making the liability or its enforcement subject to restrictive or onerous conditions,
b
excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
c
excluding or restricting rules of evidence or procedure.
4
Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by subsection (1).
5
This section applies in relation to policies of insurance issued before (as well as those issued after) the date on which it comes into force.
6
References in this section to policies of insurance and their issue include references to contracts of insurance and their making.
I19165Power to apply Part 3 to treatment at non-health service hospitals
1
Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—
a
a person makes a compensation payment as mentioned in section 150(1)(a), but
b
the person to or in respect of whom the payment is made has—
i
received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,
ii
been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or
iii
received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),
(subject to subsection (2)).
2
Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital.
3
In subsection (1), “NHS arrangement” means an arrangement or agreement between—
a
the hospital in question or a body responsible for it, and
b
any of the following—
F87i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ia
F114NHS England,
F115ib
an integrated care board,
ii
a National Health Service trust established under F21section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act,
iii
a Local Health Board,
iv
a Health Board or Special Health Board established under section 2 of the 1978 Act, or
v
an NHS foundation trust.
4
Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed.
5
In this section “qualifying hospital” means a hospital (within the meaning of F22section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.
I151I133166The Crown
This Part binds the Crown.
I134I152167Regulations
1
Any power to make regulations conferred by this Part is exercisable—
a
in relation to England and Wales, by the Secretary of State; and
b
in relation to Scotland, by the Scottish Ministers.
2
Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.
I20I135I153168Interpretation of Part 3
In this Part—
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);
“compensation payment” has the meaning given in section 150;
“health service hospital” means a health service hospital within the meaning of F23the 2006 Act, the National Health Service (Wales) Act 2006 or the 1978 Act;
“injured person” has the meaning given in section 150(1);
“NHS ambulance services” means ambulance services provided under F24section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006 or section 45 of the 1978 Act;
“NHS treatment” has the meaning given in section 150(7);
“prescribed” means prescribed by regulations.
I154I136169Consequential and minor repeals
1
The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.
2
In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.
Part 4Dental and medical services
Primary dental services
F12170Provision of primary dental services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12171Dental public health
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12172General dental services contracts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I21I88I94173General dental services: transitional
1
The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 172, are providing services under section 35 of the 1977 Act (general dental services).
2
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general dental services contract with him; and the order may make provision as to the terms of any such contract.
3
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of dental services.
4
An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
5
An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 172), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
6
In this section—
“appropriate authority” means—
- a
the Secretary of State, in relation to England; and
- b
the Assembly, in relation to Wales;
- a
“general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).
Primary medical services
F29174Provision of primary medical services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29175General medical services contracts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I22I29I34176General medical services: transitional
1
The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 175, are providing services under section 29 of the 1977 Act (general medical services).
2
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general medical services contract with him; and the order may make provision as to the terms of any such contract.
3
An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of medical services.
4
An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
5
An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 175), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
6
In this section—
“appropriate authority” means—
- a
the Secretary of State, in relation to England; and
- b
the Assembly, in relation to Wales;
- a
“general medical services contract” means a contract under section 28Q of the 1977 Act (as inserted by section 175).
Primary dental and medical services: supplementary
F13177Arrangements under section 28C of the 1977 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13178Abolition of pilot schemes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13179Persons performing primary medical and dental services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13180Assistance and support
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dental services: miscellaneous
F13181Abolition of Dental Practice Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13182Special Health Authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13183Charges for dental services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
I30I28I27I31I33I32I35I36I37I77I86I89I87I90I95I93I96I105184Minor and consequential amendments
Schedule 11 (which contains minor and consequential amendments relating to this Part) has effect.
Part 5Miscellaneous
Welfare Food Schemes
I23I82I115185Replacement of the Welfare Food Schemes: Great Britain
I811
In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—
13Benefits under schemes for improving nutrition: pregnant women, mothers and children
1
Regulations may establish one or more schemes to provide benefits for prescribed descriptions of—
a
pregnant women,
b
mothers, and
c
children,
with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description.
2
Before establishing, or varying, a scheme the Secretary of State must consult the Scottish Ministers and the National Assembly for Wales (“the Assembly”).
3
A scheme may, in particular, specify requirements that must be satisfied—
a
before a person may become entitled to a benefit;
b
for a beneficiary to remain entitled to a continuing benefit.
4
A scheme may also include provision—
a
for a benefit to consist of food of a prescribed description being provided by—
i
a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme;
ii
a person providing a service (such as day care) for the recipient of the benefit; or
iii
a health service body;
b
for the use of vouchers, or similar arrangements, in connection with the provision of benefits;
c
that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme;
d
for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme;
e
for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme;
f
for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme;
g
for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed;
h
requiring prescribed categories of persons to take reasonable steps to provide—
i
to a person authorised for the purpose in accordance with the scheme,
ii
on production, if required, of evidence of his authority,
such information or evidence as may be reasonably needed in connection with administering the scheme.
5
Provision of a kind mentioned in subsection (4)(h) may, in particular—
a
require information or evidence to be provided in a legible form;
b
authorise the taking of copies or making of extracts;
c
require an explanation by the information provider of anything which he has provided;
d
require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held.
6
The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly.
7
The Secretary of State may give such directions—
a
to a body administering a scheme (or part of a scheme),
b
in relation to matters relating to the operation of the scheme (or that part of the scheme),
as he considers appropriate.
8
The Assembly may, with the agreement of the Secretary of State, give such directions—
a
to a body administering a scheme (or part of a scheme),
b
in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales,
as it considers appropriate.
9
A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed.
10
The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
11
In this section—
“benefit”, in relation to a scheme, means a benefit under the scheme;
“children” has such meaning as may be prescribed;
“enactment” includes an Act of the Scottish Parliament and a provision made under an enactment;
“food” includes vitamins, minerals and other dietary supplements;
“health service body” has such meaning as may be prescribed;
“information provider” means the person who is required to provide information or, where that person is a body corporate, any person who is, or at any time has been, an officer or employee of the body corporate;
“pregnant” includes recently pregnant;
“prescribed” means prescribed by regulations;
“regulations”, except in subsection (6), means regulations made by the Secretary of State;
“scheme” means a scheme made under this section;
“women” includes persons under the age of 18.
2
In section 15A of that Act—
a
in subsection (2), after the first “instrument” insert “
made by the Secretary of State
”
; and
b
omit subsection (3).
186Replacement of the Welfare Food Schemes: Northern Ireland
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 185 above—
a
is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
b
is subject to annulment in pursuance of a resolution of either House of Parliament.
Appointments and employment
I73187Appointments to certain health and social care bodies
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Schedule 12 amends certain enactments which provide for appointments to be made to certain bodies by or on the advice of the Privy Council.
F69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8I74188Appointments to certain health and social care bodies: joint functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
189Validity of clearance for employment in certain NHS posts
F611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Health Laboratory Service Board
I79190Abolition of Public Health Laboratory Service Board
1
The Public Health Laboratory Service Board is abolished.
2
Schedule 13 has effect.
3
On the day this section is commenced by order under section 199 the property, rights and liabilities of the Board vest in the Secretary of State.
Other provisions
F31191Loans by Secretary of State to NHS trusts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34192Amendment of provision relating to reform of Welsh health authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 6Final provisions
193Financial provisions
There shall be paid out of money provided by Parliament—
a
any expenditure incurred by the Secretary of State by virtue of this Act; and
b
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
194Interpretation
In this Act—
F33 “the 2006 Act” means the National Health Service Act 2006;
“the Assembly” means the National Assembly for Wales.
F35195Orders and regulations
1
Any order or regulations under this Act—
a
may make different provision for different purposes; and
b
may make incidental, supplementary, consequential, transitory or transitional or saving provision.
2
Any power to make regulations conferred by this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.
3
Before making any regulations under Part 3 the Secretary of State must consult the Assembly.
4
Any power to make an order or regulations under this Act is exercisable by statutory instrument.
5
The Secretary of State may not make a statutory instrument containing—
a
regulations under section 150(12),
b
the first regulations made under section 26, 35 or 153(2), or
c
an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
6
A statutory instrument containing any other order or regulations under this Act made by the Secretary of State (apart from an order under section 22, 25(3), 28 or 199) is subject to annulment in pursuance of a resolution of either House of Parliament.
7
The Scottish Ministers may not make a statutory instrument containing—
a
regulations under section 150(12),
b
the first regulations made under section 153(2), or
c
an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
8
A statutory instrument containing any other order or regulations under this Act made by the Scottish Ministers (apart from an order under section 199) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
I38I69I41I54I55I42I78I80I83I97I106I104I114I116I137I155I158196Repeals and revocations
The enactments mentioned in Schedule 14 (which include provisions of Acts of the Scottish Parliament) are repealed or revoked to the extent specified.
197Wales
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 that Act as amended by this Act.
2
Subsection (1) does not affect the power to make further Orders varying or omitting any reference to an Act which is amended by this Act.
198Isles of Scilly
The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order.
199Commencement
1
Subject to this section—
a
the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to 5, and
b
section 196 and Schedule 14,
shall come into force on such day as the appropriate authority may by order appoint.
2
The appropriate authority is—
a
in relation to Part 1, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State;
b
in relation to Part 2—
i
for section 42 and Schedule 7, sections 57 and 61, Chapter 5, sections 102 to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133, 135, 139 and 141, section 147 and Schedule 9 so far as relating to the Commission for Social Care Inspection, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State;
ii
for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142 to 145 and section 196 and Schedule 14 so far as relating to those provisions, the Assembly;
iii
for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147 and paragraph 4 of Schedule 9 and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State, in relation to England, and the Assembly, in relation to Wales; and
iv
for the other provisions of the Part, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State after consulting the Assembly;
c
in relation to Part 3, and section 196 and Schedule 14 so far as relating to that Part—
i
in relation to England and Wales, the Secretary of State after consulting the Assembly; and
ii
in relation to Scotland, the Scottish Ministers with the consent of the Secretary of State;
d
in relation to section 181, and section 196 and Schedule 14 so far as relating to section 181, the Secretary of State;
e
in relation to the other provisions of Part 4, and section 196 and Schedule 14 so far as relating to those provisions—
i
in relation to England, the Secretary of State; and
ii
in relation to Wales, the Assembly;
f
in relation to Part 5, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State.
3
Different days may be appointed for different purposes.
4
Subsection (1) does not apply in relation to any provision of this Act so far as it confers power to make an order or regulations, or to section 167, 186 or 192.
200Transitional or transitory provision and savings
1
The appropriate authority may by order make such transitional or transitory provisions and savings as the authority considers appropriate in connection with the coming into force of any provision of this Act.
2
For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
3
An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
4
Nothing in any transitional or transitory provisions and savings contained in this Act restricts the power under this section to make other transitional provisions and savings.
C2201Supplementary and consequential provision
1
The appropriate authority may by order make such supplementary, incidental or consequential provision as he or it thinks appropriate for the purposes of, in consequence of or for giving full effect to any provision of this Act.
2
For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
3
An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
4
The power under this section is not restricted by any other provision of this Act.
202Extent
1
The amendment or repeal of any provision by this Act has the same extent as the provision being amended or repealed (subject to any express limitation contained in this Act).
2
Subject to that and except as provided below this Act extends to England and Wales only.
3
The following provisions also extend to Scotland—
a
sections 124 and 125;
b
Part 3, except for section 163(3);
c
sections 185, 187 and 188 and Schedule 12;
d
this Part.
4
The following provisions also extend to Northern Ireland—
a
sections 124 and 125;
b
section 186;
c
sections 187, 188 and Schedule 12;
d
this Part.
203Short title
This Act may be cited as the Health and Social Care (Community Health and Standards) Act 2003.
Pt. 2 Ch. 2 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)