PART 1

Care and support

Miscellaneous

Discharge of hospital patients with care and support needs
74
1
Where a relevant trust is responsible for an adult hospital patient and considers that the patient is likely to require care and support following discharge from hospital, the relevant trust must, as soon as is feasible after it begins making any plans relating to the discharge, take any steps that it considers appropriate to involve—
a
the patient, and
b
any carer of the patient.
2
In performing the duty under subsection
(1)
, a relevant trust must have regard to any guidance issued by NHS England.
3
For the purposes of this section, a relevant trust is responsible for a hospital patient if the relevant trust manages the hospital.
4
In this section—
- “
adult
” means a person aged 18 or over;
- “
carer
” means an individual who provides or intends to provide care for an adult, otherwise than by virtue of a contract or as voluntary work;
- “
relevant trust
” means—
  1. an NHS trust established under section 25 of the National Health Service Act 2006, or
  2. an NHS foundation trust.
S. 74 in force at 1.10.2014 for specified purposes by S.I. 2014/2473, art. 2(1)(y)
Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a); S.I. 2015/993, art. 2(a)
Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a)(2), 4-12; S.I. 2015/993, art. 2(q)
S. 74 in force at 1.4.2015 in so far as not already in force by S.I. 2015/993, art. 2(s) (with transitional provisions in S.I. 2015/995)
S. 74 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 91(1)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)