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Care Act 2014

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Care and support

    1. General responsibilities of local authorities

      1. 1.Promoting individual well-being

      2. 2.Preventing needs for care and support

      3. 3.Promoting integration of care and support with health services etc.

      4. 4.Providing information and advice

      5. 5.Promoting diversity and quality in provision of services

      6. 6.Co-operating generally

      7. 7.Co-operating in specific cases

    2. Meeting needs for care etc.

      1. 8.How to meet needs

    3. Assessing needs

      1. 9.Assessment of an adult’s needs for care and support

      2. 10.Assessment of a carer’s needs for support

      3. 11.Refusal of assessment

      4. 12.Assessments under sections 9 and 10: further provision

      5. 13.The eligibility criteria

    4. Charging and assessing financial resources

      1. 14.Power of local authority to charge

      2. 15.Cap on care costs

      3. 16.Cap on care costs: annual adjustment

      4. 17.Assessment of financial resources

    5. Duties and powers to meet needs

      1. 18.Duty to meet needs for care and support

      2. 19.Power to meet needs for care and support

      3. 20.Duty and power to meet a carer’s needs for support

      4. 21.Exception for persons subject to immigration control

      5. 22.Exception for provision of health services

      6. 23.Exception for provision of housing etc.

    6. Next steps after assessments

      1. 24.The steps for the local authority to take

      2. 25.Care and support plan, support plan

      3. 26.Personal budget

      4. 27.Review of care and support plan or of support plan

      5. 28.Independent personal budget

      6. 29.Care account

      7. 30.Cases where adult expresses preference for particular accommodation

    7. Direct payments

      1. 31.Adults with capacity to request direct payments

      2. 32.Adults without capacity to request direct payments

      3. 33.Direct payments: further provision

    8. Deferred payment agreements, etc.

      1. 34.Deferred payment agreements and loans

      2. 35.Deferred payment agreements and loans: further provision

      3. 36.Alternative financial arrangements

    9. Continuity of care and support when adult moves

      1. 37.Notification, assessment, etc.

      2. 38.Case where assessments not complete on day of move

    10. Establishing where a person lives, etc.

      1. 39.Where a person’s ordinary residence is

      2. 40.Disputes about ordinary residence or continuity of care

      3. 41.Financial adjustments between local authorities

    11. Safeguarding adults at risk of abuse or neglect

      1. 42.Enquiry by local authority

      2. 43.Safeguarding Adults Boards

      3. 44.Safeguarding adults reviews

      4. 45.Supply of information

      5. 46.Abolition of local authority’s power to remove persons in need of care

      6. 47.Protecting property of adults being cared for away from home

    12. Provider failure

      1. 48.Temporary duty on local authority

      2. 49.Section 48: cross-border cases

      3. 50.Temporary duty on local authority in Wales

      4. 51.Temporary duty on Health and Social Care trust in Northern Ireland

      5. 52.Sections 48 to 51: supplementary

    13. Market oversight

      1. 53.Specifying criteria for application of market oversight regime

      2. 54.Determining whether criteria apply to care provider

      3. 55.Assessment of financial sustainability of care provider

      4. 56.Informing local authorities where failure of care provider likely

      5. 57.Sections 54 to 56: supplementary

    14. Transition for children to adult care and support, etc.

      1. 58.Assessment of a child’s needs for care and support

      2. 59.Child’s needs assessment: requirements etc.

      3. 60.Assessment of a child’s carer’s needs for support

      4. 61.Child’s carer’s assessment: requirements etc.

      5. 62.Power to meet child’s carer’s needs for support

      6. 63.Assessment of a young carer’s needs for support

      7. 64.Young carer’s assessment: requirements etc.

      8. 65.Assessments under sections 58 to 64: further provision

      9. 66.Continuity of services under other legislation

    15. Independent advocacy support

      1. 67.Involvement in assessments, plans etc.

      2. 68.Safeguarding enquiries and reviews

    16. Enforcement of debts

      1. 69.Recovery of charges, interest etc.

      2. 70.Transfer of assets to avoid charges

    17. Review of funding provisions

      1. 71.Five-yearly review by Secretary of State

    18. Appeals

      1. 72.Part 1 appeals

    19. Miscellaneous

      1. 73.Human Rights Act 1998: provision of regulated care or support etc a public function

      2. 74.Discharge of hospital patients with care and support needs

      3. 75.After-care under the Mental Health Act 1983

      4. 76.Prisoners and persons in approved premises etc.

      5. 77.Registers of sight-impaired adults, disabled adults, etc.

      6. 78.Guidance, etc.

      7. 79.Delegation of local authority functions

    20. General

      1. 80.Part 1: interpretation

  3. PART 2 Care standards

    1. Quality of services

      1. 81.Duty of candour

      2. 82.Warning notice

      3. 83.Imposition of licence conditions on NHS foundation trusts

      4. 84.Trust special administration: appointment of administrator

      5. 85.Trust special administration: objective, consultation and reports

    2. Care Quality Commission

      1. 86.Restriction on applications for variation or removal of conditions

      2. 87.Rights of appeal

      3. 88.Unitary board

    3. Increasing the independence of the Care Quality Commission

      1. 89.Chief Inspectors

      2. 90.Independence of the Care Quality Commission

    4. Performance ratings

      1. 91.Reviews and performance assessments

    5. False or misleading information

      1. 92.Offence

      2. 93.Penalties

      3. 94.Offences by bodies

    6. Regulated activities

      1. 95.Training for persons working in regulated activity

  4. PART 3 Health

    1. CHAPTER 1 Health Education England

      1. Establishment

        1. 96.Health Education England

      2. National functions

        1. 97.Planning education and training for health care workers etc.

        2. 98.Ensuring sufficient skilled health care workers for the health service

        3. 99.Quality improvement in education and training, etc.

        4. 100.Objectives, priorities and outcomes

        5. 101.Sections 98 and 100: matters to which HEE must have regard

        6. 102.Advice

      3. Local functions

        1. 103.Local Education and Training Boards

        2. 104.LETBs: appointment etc.

        3. 105.LETBs: co-operation by providers of health services

        4. 106.Education and training plans

        5. 107.Commissioning education and training

      4. Tariffs

        1. 108.Tariffs

    2. CHAPTER 2 Health Research Authority

      1. Establishment

        1. 109.The Health Research Authority

      2. General functions

        1. 110.The HRA’s functions

      3. Regulatory practice

        1. 111.Co-ordinating and promoting regulatory practice etc.

      4. Research ethics committees

        1. 112.The HRA’s policy on research ethics committees

        2. 113.Approval of research

        3. 114.Recognition by the HRA

        4. 115.Establishment by the HRA

        5. 116.Membership of the United Kingdom Ethics Committee Authority

      5. Patient information

        1. 117.Approval for processing confidential patient information

    3. CHAPTER 3 Chapters 1 and 2: supplementary

      1. Miscellaneous

        1. 118.Transfer orders

      2. General

        1. 119.Chapters 1 and 2: interpretation and supplementary provision

    4. CHAPTER 4 Trust special administration

      1. 120.Powers of administrator etc.

  5. PART 4 Health and social care

    1. Integration fund

      1. 121.Integration of care and support with health services etc: integration fund

    2. Information

      1. 122.The Health and Social Care Information Centre: restrictions on dissemination of information

  6. PART 5 General

    1. 123.Power to make consequential provision

    2. 124.Power to make transitional etc. provision

    3. 125.Regulations and orders

    4. 126.General interpretation

    5. 127.Commencement

    6. 128.Extent and application

    7. 129.Short title

  7. SCHEDULES

    1. SCHEDULE 1

      Cross-border placements

      1. 1.Placements from England to Wales, Scotland or Northern Ireland

      2. 2.Placements from Wales to England, Scotland or Northern Ireland

      3. 3.Placements from Scotland to England, Wales or Northern Ireland

      4. 4.Placements from Northern Ireland to England, Wales or Scotland

      5. 5.Dispute resolution

      6. 6.Financial adjustments

      7. 7.(1) In section 86 of the Social Work (Scotland) Act...

      8. 8.Provision of NHS accommodation not to affect deemed ordinary residence etc.

      9. 9.Direct payments

      10. 10.Particular types of accommodation

      11. 11.Regulations

      12. 12.Interpretation

      13. 13.Consequential provision

      14. 14.Transitory provision

    2. SCHEDULE 2

      Safeguarding Adults Boards

      1. 1.Membership, etc.

      2. 2.Funding and other resources

      3. 3.Strategic plan

      4. 4.Annual report

    3. SCHEDULE 3

      Discharge of hospital patients with care and support needs

      1. 1.Cases where hospital patient is likely to have care and support needs after discharge

      2. 2.Assessment notice given by responsible NHS body to local authority

      3. 3.(1) The relevant authority, having received an assessment notice and...

      4. 4.Cases where discharge of the patient is delayed

      5. 5.Delegation to management of independent hospital

      6. 6.Adjustments between local authorities

      7. 7.Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.

      8. 8.Further provision about assessment notices, discharge notices, etc.

    4. SCHEDULE 4

      Direct payments: after-care under the Mental Health Act 1983

      1. PART 1 After-care under the Mental Health Act 1983: direct payments

        1. 1.(1) Sections 31 (adults with capacity to request direct payments),...

      2. PART 2 Provision to be inserted in Social Services and Well-Being (Wales) Act 2014

    5. SCHEDULE 5

      Health Education England

      1. PART 1 Constitution

        1. 1.Membership

        2. 2.(1) The members of HEE must include persons who have...

        3. 3.Non-executive members: terms of office

        4. 4.Non-executive members: suspension from office

        5. 5.(1) Where a person is suspended from office as the...

        6. 6.Non-executive members: pay

        7. 7.Employees: terms of office

        8. 8.Employees: pay

        9. 9.Committees and sub-committees

        10. 10.Procedure

        11. 11.Seal and evidence

        12. 12.Status of HEE

      2. PART 2 Functions

        1. 13.Exercise of functions

        2. 14.Help or advice for other public authorities

        3. 15.Co-operation

        4. 16.NHS contracts

        5. 17.Arrangements with devolved authorities

        6. 18.Failure to exercise functions

      3. PART 3 Finance and reports

        1. 19.Funding

        2. 20.Financial duties: expenditure

        3. 21.Financial duties: use of generated income

        4. 22.Financial duties: controls on total resource use

        5. 23.Financial duties: additional controls on resource use

        6. 24.Losses and liabilities etc

        7. 25.Accounts

        8. 26.Annual accounts

        9. 27.Interim accounts

        10. 28.Annual report

      4. PART 4 Consequential amendments

        1. 29.Public Records Act 1958

        2. 30.Public Bodies (Admission to Meetings) Act 1960

        3. 31.Parliamentary Commissioner Act 1967

        4. 32.House of Commons Disqualification Act 1975

        5. 33.Copyright, Designs and Patents Act 1988

        6. 34.Freedom of Information Act 2000

        7. 35.Equality Act 2010

    6. SCHEDULE 6

      Local Education and Training Boards

      1. 1.The area for which an LETB is appointed

      2. 2.Assessment of whether the appointment criteria are being met in relation to LETBs

      3. 3.Publication and review of the appointment criteria

      4. 4.Exercise of functions

    7. SCHEDULE 7

      The Health Research Authority

      1. PART 1 Constitution

        1. 1.Membership

        2. 2.Non-executive members: terms of office

        3. 3.Non-executive members: suspension from office

        4. 4.(1) Where a person is suspended from office as the...

        5. 5.Non-executive members: pay

        6. 6.Employees: terms of office

        7. 7.Employees: pay

        8. 8.Committees and sub-committees

        9. 9.Regulations may provide for the committee appointed under paragraph 8(1)...

        10. 10.Procedure

        11. 11.Seal and evidence

        12. 12.Status of the HRA

      2. PART 2 Functions

        1. 13.Exercise of functions

        2. 14.Help or advice for other public authorities

        3. 15.Arrangements with devolved authorities

        4. 16.Failure to exercise functions

      3. PART 3 Finance and reports

        1. 17.Funding

        2. 18.Fees and indemnities

        3. 19.Accounts

        4. 20.Annual report

      4. PART 4 Consequential amendments

        1. 21.Public Records Act 1958

        2. 22.Public Bodies (Admission to Meetings) Act 1960

        3. 23.Parliamentary Commissioner Act 1967

        4. 24.House of Commons Disqualification Act 1975

        5. 25.Copyright, Designs and Patents Act 1988

        6. 26.Freedom of Information Act 2000

        7. 27.Equality Act 2010

    8. SCHEDULE 8

      Research ethics committees: amendments

      1. 1.Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)

      2. 2.Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)

      3. 3.Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)

      4. 4.Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160)

      5. 5.Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161)

      6. 6.Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174)

      7. 7.Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order 2006 (S.S.I. 2006/310)

      8. 8.Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260)

      9. 9.Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810)

      10. 10.Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833)

      11. 11.Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 (S.I. 2010/995)

      12. 12.Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734)

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