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Care Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Care Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

  3. Overview of the Structure

    1. Part 1 – Care and Support

    2. Part 2 – Care Standards

    3. Part 3 – Health

    4. Part 4 – Health and social care

    5. Part 5 – General

  4. Territorial Extent and Application

    1. Territorial extent and application: Wales

    2. Territorial extent and application: Northern Ireland

    3. Territorial extent and application: Scotland

  5. Commentary on Sections

    1. Part 1 – Care and Support

      1. General responsibilities of local authorities

        1. Section 1 – Promoting individual well-being

        2. Section 2 - Preventing needs for care and support

        3. Section 3 – Promoting integration of care and support within health services etc.

        4. Section 4 – Providing information and advice

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

        6. Section 6 – Co-operating generally

        7. Section 7 – Co-operating in specific cases

      2. Meeting needs for care etc.

        1. Section 8 – How to meet needs

      3. Assessing needs

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

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

        3. Section 11 – Refusal of assessment

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

        5. Section 13 – The eligibility criteria

      4. Imposing charges and assessing financial resources

        1. Section 14 – Power of local authority to charge

        2. Section 15 – Cap on care costs

        3. Section 16 - Cap on care costs: annual adjustment

        4. Section 17 – Assessment of financial resources

        5. Section 18 – Duty to meet needs for care and support

        6. Section 19 – Power to meet needs for care and support

        7. Section 20 – Duty and power to meet a carer’s needs for support

        8. Section 21 – Exception for persons subject to immigration control

        9. Section 22 – Exception for provision of healthcare services

        10. Section 23 - Exception for provision of housing etc.

      5. Next steps after assessments

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

        2. Section 25 – Care and support plan, support plan

        3. Section 26 – Personal budget

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

        5. Section 28 – Independent personal budget

        6. Section 29 – Care account

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

      6. Direct payments

        1. Section 31 – Adults with capacity to request direct payments

        2. Section 32 – Adults without capacity to request direct payments

        3. Section 33 – Direct payments: further provision

      7. Deferred payment agreements

        1. Section 34 – Deferred payment agreements and loans

        2. Section 35 – Deferred payment agreements: further provision

        3. Section 36 – Alternative financial arrangements

      8. Continuity of care and support when adult moves

        1. Section 37 – Notification, assessment, etc.

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

      9. Establishing where a person lives, etc.

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

        2. Schedule 1 – Cross-border placements

        3. Section 40 – Disputes about ordinary residence or continuity of care

        4. Section 41 – Financial adjustments between local authorities

      10. Safeguarding adults at risk of abuse or neglect

        1. Section 42 – Enquiry by local authority

        2. Section 43 – Safeguarding Adults Boards

        3. Schedule 2 – Safeguarding Adults Boards

          1. Membership, etc.

          2. Funding and other resources

          3. Strategic plan

          4. Annual report

        4. Section 44 – Safeguarding adults reviews

        5. Section 45 – Supply of information

        6. Section 46 - Abolition of local authority’s power to remove persons in need of care

        7. Section 47 – Protecting property of adults being cared for away from home

      11. Provider failure

        1. Section 48 – Temporary duty on local authority

        2. Section 49 – Section 48: cross-border cases

        3. Section 50 – Temporary duty on local authority in Wales

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

        5. Section 52 – Sections 48 and 51: supplementary

      12. Market oversight

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

        2. Section 54 – Determining whether criteria apply to care provider

        3. Section 55 – Assessment of financial sustainability of care provider

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

        5. Section 57 - Sections 54 to 56: supplementary

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

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

        2. Section 59 – Child’s needs assessment: requirements, etc.

        3. Section 60 – Assessments of a child’s carer’s needs for support

        4. Section 61 – Child’s carer’s needs assessment; requirements etc.

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

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

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

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

        9. Section 66 – Continuity of services under other legislation

      14. Independent advocacy support

        1. Section 67 – Involvement in assessments, plans etc.

        2. Section 68 – Safeguarding enquiries and reviews

      15. Enforcement of debts

        1. Section 69 – Recovery of charges, interest etc.

        2. Section 70 – Transfer of assets to avoid charges

      16. Review of funding provisions

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

      17. Appeals

        1. Section 72 – Part 1 appeals

      18. Miscellaneous

        1. Section 73 – Human Rights Act 1998: provision of regulated care or support etc to be public function

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

        3. Schedule 3 – Discharge of hospital patients with care and support needs

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

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

          3. Cases where the discharge of the patient is delayed

          4. Delegation to management of independent hospital

          5. Adjustments between local authorities

          6. Meaning of “hospital patient", “NHS hospital”, “NHS body”, etc.

        4. Section 75  – After-care under the Mental Health Act 1983

        5. Schedule 4 – After-care under the Mental Health Act 1983: direct payments

        6. Section 76 - Prisoners and persons in approved premises etc.

        7. Section 77 – Registers of sight impaired adults, disabled adults, etc.

        8. Section 78 – Guidance, etc.

        9. Section 79 – Delegation of local authority functions

      19. General

        1. Section 80 - Part 1: interpretation

    2. Part 2 – Care standards

      1. Quality of Services

        1. Section 81 – Duty of candour

        2. Section 82 – Warning notice

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

        4. Section 84 – Trust special administration: appointment of administrator

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

      2. Care Quality Commission

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

        2. Section 87 – Rights of appeal

        3. Section 88 – Unitary board

      3. Increasing the independence of the Care Quality Commission

        1. Section 89 – Chief Inspectors

        2. Section 90 – Independence of the Care Quality Commission

      4. Performance ratings

        1. Section 91– Reviews and performance assessments

      5. False or misleading information

        1. Section 92 – Offence

        2. Section 93 – Penalties

        3. Section 94 – Offences by bodies

      6. Regulated activities

        1. Section 95 – Training for persons working in regulated activity

    3. Part 3 - Health

      1. Chapter 1 - Health Education England

        1. Establishment

          1. Section 96 – Health Education England

          2. Schedule 5 – Health Education England

            1. Part 1 – Constitution

              1. Membership

              2. Non-executive members: terms of office

              3. Non-executive members: suspension from office

              4. Non-executive members: pay

              5. Employees: terms of office

              6. Employees: pay

              7. Committees and sub-committees

              8. Procedure

              9. Seal and evidence

              10. Status of HEE

            2. Part 2 – Functions

              1. Exercise of functions

              2. Help or advice for public authorities

              3. Co-operation

              4. NHS contracts

              5. Arrangements with devolved authorities

              6. Failure to exercise functions

            3. Part 3 – Finance and Reports

              1. Funding

              2. Financial duties: expenditure

              3. Financial duties: use of generated income

              4. Financial duties: controls on total resource use

              5. Financial duties: additional controls on resource use

              6. Losses and liabilities etc

              7. Accounts

              8. Annual accounts

              9. Interim accounts

              10. Annual report

          3. Part 4 – Consequential amendments

        2. National Functions

          1. Section 97 – Planning education and training for healthcare workers etc.

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

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

          4. Section 100 – Objectives, priorities and outcomes

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

          6. Section 102 – Advice

        3. Local functions

          1. Section 103 – Local Education and Training Boards

          2. Section 104 – LETBs: appointment etc.

          3. Schedule 6 – Local Education and Training Boards

            1. The area for which a LETB is appointed

            2. Assessment of whether the members of LETBs meet the appointment criteria

            3. Publication and review of the appointment criteria

            4. Exercise of functions

          4. Section 105 – LETBs: co-operation by providers of health services

          5. Section 106 – Education and training plans

          6. Section 107 – Commissioning education and training

        4. Tariffs

          1. Section 108 – Tariffs

      2. Chapter 2 – Health Research Authority

        1. Establishment

          1. Section 109 – The Health Research Authority

          2. Schedule 7 –The Health Research Authority

            1. Part 1 – Constitution

            2. Part 2 - Functions

            3. Part 3 – Finance and reports

            4. Part 4 – Consequential amendments

        2. General functions

          1. Section 110 – The HRA’s functions

        3. Regulatory practice

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

        4. Research ethics committees

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

          2. Section 113 – Approval of research

          3. Schedule 8 – Research ethics committees (RECs): amendments

          4. Section 114 – Recognition by the HRA

          5. Section 115 – Establishment by the HRA

          6. Section 116 – Membership of the United Kingdom Ethics Committee Authority

        5. Patient Information

          1. Section 117 – Approval for processing confidential patient information

      3. Chapter 3 – Chapters 1 and 2: Supplementary

        1. Miscellaneous

          1. Section 118 – Transfer orders

        2. General

          1. Section 119 – Part 3: interpretation and supplementary provision

      4. Chapter 4 – Trust Special Administration

        1. Section 120 – Powers of administrator etc.

    4. Part 4 – Health and social care

      1. Integration

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

      2. Information

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

    5. Part 5 – General

      1. Section 123 – Power to make consequential provision

      2. Section 124 – Power to make transitional etc. provision

      3. Section 125 – Regulations and orders

      4. Section 126 – General interpretation

      5. Section 127 – Commencement

      6. Section 128 – Extent and application

      7. Section 129 – Short title

  6. Commencement

  7. Hansard References

  8. Glossary of Abbreviations

  • Explanatory Notes Table of contents

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