Health and Social Care (Community Health and Standards) Act 2003

• (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

Payment of NHS charges to hospitals or ambulance trusts

162

• (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”—in relation to England or Wales, means—the National Health Service trust established under section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006, orthe 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,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;

• “responsible body” has the meaning given in section 160(4).

Miscellaneous and general

Regulations governing lump sums, periodical payments etc

163

• (1) 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.

• (2) 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.

Liability of insurers

164

• (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.

Power to apply Part 3 to treatment at non-health service hospitals

165

• (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—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ia) NHS England,

• (ib) an integrated care board,

• (ii) a National Health Service trust established under section 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 section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.

The Crown

166

This Part binds the Crown.

Regulations

167

• (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.

Interpretation of Part 3

168

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 the 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 section 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.

Consequential and minor repeals

169

• (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 4 — Dental and medical services

Primary dental services

Provision of primary dental services

170

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dental public health

171

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General dental services contracts

172

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General dental services: transitional

173

• (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—the Secretary of State, in relation to England; andthe Assembly, in relation to Wales;

• “general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).

Primary medical services

Provision of primary medical services

174

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General medical services contracts

175

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General medical services: transitional

176

• (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—the Secretary of State, in relation to England; andthe Assembly, in relation to Wales;

• “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

Arrangements under section 28C of the 1977 Act

177

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of pilot schemes

178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons performing primary medical and dental services

179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance and support

180

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dental services: miscellaneous

Abolition of Dental Practice Board

181

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special Health Authorities

182

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for dental services

183

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Minor and consequential amendments

184

Schedule 11 (which contains minor and consequential amendments relating to this Part) has effect.

Part 5 — Miscellaneous

Welfare Food Schemes

Replacement of the Welfare Food Schemes: Great Britain

185

• (1) In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—

(13) (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).

Replacement of the Welfare Food Schemes: Northern Ireland

186

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

Appointments to certain health and social care bodies

187

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointments to certain health and social care bodies: joint functions

188

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validity of clearance for employment in certain NHS posts

189

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Health Laboratory Service Board

Abolition of Public Health Laboratory Service Board

190

• (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

Loans by Secretary of State to NHS trusts

191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of provision relating to reform of Welsh health authorities

192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Final provisions

Financial provisions

193

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.

Interpretation

194

In this Act—

• “the 2006 Act” means the National Health Service Act 2006;

• “the Assembly” means the National Assembly for Wales.

Orders and regulations

195

• (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.

Repeals and revocations

196

The enactments mentioned in Schedule 14 (which include provisions of Acts of the Scottish Parliament) are repealed or revoked to the extent specified.

Wales

197

• (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.

Isles of Scilly

198

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.

Commencement

199

• (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.

Transitional or transitory provision and savings

200

• (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.

Supplementary and consequential provision

201

• (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.

Extent

202

• (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.

Short title

203

This Act may be cited as the Health and Social Care (Community Health and Standards) Act 2003.

SCHEDULE 1

Requirement for a constitution

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligibility for membership

3

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Constituencies

4

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5

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Becoming a member

6

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Board of Governors

7

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8

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9

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10

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11

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12

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13

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14

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Directors

15

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16

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17

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18

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Initial directors of former NHS trusts

19

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Register of members etc.

20

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21

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22

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Auditor

23

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Accounts

24

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25

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Annual reports and forward plans

26

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27

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Meeting of board of governors to consider annual accounts and reports

28

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Instruments etc.

29

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SCHEDULE 2

Membership

1

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Tenure of office

2

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Remuneration and pensions

3

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Staff

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation

5

• (1) Sub-paragraph (2) applies where—

• (a) a person is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 (c. 11), and

• (b) he is appointed as chairman.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

6

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Delegation of functions

7

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General powers

8

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Specific powers

9

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Finance

10

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Reports and other information

11

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12

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13

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Seal and evidence

14

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15

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General

16

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Amendments

17

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18

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19

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SCHEDULE 3

1

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2

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3

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4

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5

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6

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SCHEDULE 4

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1

The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

2

In section 1 (definitions), in the definition of “voluntary hospital”, after “NHS trust” there is inserted “ , an NHS foundation trust ”.

The National Assistance Act 1948 (c. 29)

3

The National Assistance Act 1948 is amended as follows.

4

In section 24 (authority liable for provision of accommodation), in subsection (6), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.

The Public Records Act 1958 (c. 51)

5

The Public Records Act 1958 is amended as follows.

6

In Schedule 1 (definition of public records), in the Table in Part 1, in the entry relating to the Department of Health, in the second column, for “and National Health Service trusts” there is substituted “ , National Health Service trusts and NHS foundation trusts ”.

The Human Tissue Act 1961 (c. 54)

7

The Human Tissue Act 1961 is amended as follows.

8

In section 1 (removal of parts of bodies for medical purposes), in subsection (4A)(b), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

The Abortion Act 1967 (c. 87)

9

The Abortion Act 1967 is amended as follows.

10

In section 1 (medical termination of pregnancy), in subsection (3), after “National Health Service trust” there is inserted “ or an NHS foundation trust ”.

The Leasehold Reform Act 1967 (c. 88)

11

The Leasehold Reform Act 1967 is amended as follows.

12

In section 28 (retention or assumption of land required for public purposes)—

• (a) in subsection (5), for “and any National Health Service trust” there is substituted “ , any National Health Service trust and any NHS foundation trust ”,

• (b) in subsection (6)(c), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

The Health Services and Public Health Act 1968 (c. 46)

13

The Health Services and Public Health Act 1968 is amended as follows.

14

In section 63 (provisions of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare), in subsection (5B), the “and” at the end of paragraph (bbb) is omitted and after paragraph (c) there is inserted—

(d) NHS foundation trusts

.

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

15

The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.

16

In section 3 (employers exempted from insurance), in subsection (2)(a), after “1978,” there is inserted “ an NHS foundation trust, ”.

The Local Government Act 1972 (c. 70)

17

The Local Government Act 1972 is amended as follows.

18

In section 113 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A), for “or NHS trust” (in each place) there is substituted “ , NHS trust or NHS foundation trust ”.

The House of Commons Disqualification Act 1975 (c. 24)

19

The House of Commons Disqualification Act 1975 is amended as follows.

20

In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the appropriate place— “ Chairman or other non-executive director of an NHS foundation trust. ”

The Race Relations Act 1976 (c. 74)

21

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22

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The National Health Service Act 1977 (c. 49)

23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

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37

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38

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39

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40

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41

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42

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43

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44

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45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Acquisition of Land Act 1981 (c. 67)

46

• (1) An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order—

• (a) made by the trust, and

• (b) confirmed by the Secretary of State.

• (2) The Acquisition of Land Act 1981 is to apply to the compulsory purchase of land under this paragraph.

• (3) But no order is to be made by an NHS foundation trust under Part 2 of that Act with respect to any land unless the proposal to acquire it compulsorily—

• (a) is submitted to the Secretary of State in such form, and together with such information, as he may require, and

• (b) is approved by him.

47

The Acquisition of Land Act 1981 is amended as follows.

48

In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), after paragraph (b) there is inserted—

(ba) an NHS foundation trust;

.

49

In section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of “statutory undertakers”, after paragraph (aa) there is inserted—

(aab) an NHS foundation trust,

.

The Mental Health Act 1983 (c. 20)

50

The Mental Health Act 1983 is amended as follows.

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

In section 19 (regulations as to transfer of patients), in subsection (3), after “National Health Service trust” (in both places) there is inserted “ , NHS foundation trust ”.

53

In section 23 (discharge of patients)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (4), after “trust” (in the first place it occurs) there is inserted “ (other than an NHS foundation trust) ”,

• (c) after subsection (5), there is inserted—

(6) The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

In section 32 (regulations for purposes of Part 2), in subsection (3), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.

56

In section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted “ or NHS foundation trust ”.

57

In section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of “the managers” there is inserted—

(bc) in relation to a hospital vested in an NHS foundation trust, the trust;

.

The National Audit Act 1983 (c. 44)

58

The National Audit Act 1983 is amended as follows.

59

In section 6 (public departments etc.), in subsection (3)(b), at the end there is inserted “ and any NHS foundation trust ”.

The Public Health (Control of Disease) Act 1984 (c. 22)

60

The Public Health (Control of Disease) Act 1984 is amended as follows.

61

In section 13 (regulations for control of certain diseases), in subsection (4)(a), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.

62

In section 37 (removal to hospital of person with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.

63

In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

64

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

65

In section 2 (rights of authorised representatives of disabled persons), in subsection (5)(a), after “1990” there is inserted “ or by an NHS foundation trust ”.

66

In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”—

• (a) in paragraph (a)(i), after “National Health Service trust” there is inserted “ , an NHS foundation trust ”,

• (b) in paragraph (cc), after “that trust;” there is inserted—

(cd) in relation to a hospital vested in an NHS foundation trust, means the board of directors of that trust;

.

The Company Directors Disqualification Act 1986 (c. 46)

67

The Company Directors Disqualification Act 1986 is amended as follows.

68

After section 22B there is inserted—

(22C) (1) This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act. (2) References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted. (3) In the application of Schedule 1 to the directors of an NHS foundation trust, references to the provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of Part 1 of the Health and Social Care (Community Health and Standards) Act 2003.

The AIDS (Control) Act 1987 (c. 33)

69

The AIDS (Control) Act 1987 is amended as follows.

70

In section 1 (periodical reports on matters relating to AIDS and HIV)—

• (a) in subsection (1)(b)(iv), after “NHS trust” there is inserted—

(iva) each NHS foundation trust;

,

• (b) in subsection (2)(b), after “NHS Trust” there is inserted “ , NHS foundation trust ”.

The Copyright, Designs and Patents Act 1988 (c. 48)

71

The Copyright, Designs and Patents Act 1988 is amended as follows.

72

In section 48 (material communicated to the Crown in the course of public business), in subsection (6), after “1978” there is inserted “ and an NHS foundation trust ”.

The Road Traffic Act 1988 (c. 52)

73

The Road Traffic Act 1988 is amended as follows.

74

In section 144 (exceptions from requirement of third-party insurance), in subsection (2), after paragraph (db) there is inserted—

(dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner’s control,

.

The Children Act 1989 (c. 41)

75

The Children Act 1989 is amended as follows.

76

In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), after “trust” there is inserted “ or an NHS foundation trust ”.

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

In section 27 (co-operation between authorities), in subsection (3)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

79

In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

80

In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)—

• (a) in subsection (1)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”,

• (b) in subsection (5)(e), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.

81

In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.

82

In Schedule 2 (local authority support for children and families), in paragraph 1A(3), after paragraph (b) there is inserted—

(ba) every NHS foundation trust which manages a hospital (within the meaning of the Health and Social Care (Community Health and Standards) Act 2003) in the authority’s area;

.

The National Health Service and Community Care Act 1990 (c. 19)

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Town and Country Planning Act 1990 (c. 8)

86

Sections 238 to 240 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) apply to consecrated land and land comprised in a burial ground which an NHS foundation trust holds for any of its purposes as if—

• (a) the trust were a statutory undertaker, and

• (b) that land had been the subject of a relevant acquisition by the trust.

The Access to Health Records Act 1990 (c. 23)

87

The Access to Health Records Act 1990 is amended as follows.

88

In section 11 (interpretation), in the definition of “health service body”, the “or” before paragraph (d) is omitted and after that paragraph there is inserted—

(e) an NHS foundation trust;

.

The Water Industry Act 1991 (c. 56)

89

The Water Industry Act 1991 is amended as follows.

90

In Schedule 4A (premises that are not to be disconnected for non-payment of charges), in paragraph 16, at the end there is inserted “ or by an NHS foundation trust ”.

The London Local Authorities Act 1991 (c. xiii)

91

The London Local Authorities Act 1991 is amended as follows.

92

In section 4 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, after “1990” there is inserted “ or by an NHS foundation trust ”.

The Health Service Commissioners Act 1993 (c. 46)

93

The Health Service Commissioners Act 1993 is amended as follows.

94

In section 2 (the bodies subject to investigation), in subsection (1), after paragraph (da) there is inserted—

(db) NHS foundation trusts,

.

The Vehicle Excise and Registration Act 1994 (c. 22)

95

The Vehicle Excise and Registration Act 1994 is amended as follows.

96

In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of paragraph (b) there is inserted—

(ba) an NHS foundation trust, or

.

The Value Added Tax Act 1994 (c. 23)

97

The Value Added Tax Act 1994 is amended as follows.

98

In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), after paragraph (e) there is inserted—

(eaa) an NHS foundation trust;

.

The Employment Rights Act 1996 (c. 18)

99

The Employment Rights Act 1996 is amended as follows.

100

In section 50 (right to time off for public duties), in subsection (8), after paragraph (a) there is inserted—

(ab) an NHS foundation trust,

.

101

In section 218 (change of employer), in subsection (10), after paragraph (c) there is inserted—

(ca) NHS foundation trusts,

.

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

102

The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.

103

In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

The Education Act 1996 (c. 56)

104

The Education Act 1996 is amended as follows.

105

In section 332 (duty of Health Authority, a Primary Care Trust or National Health Service trust to notify parent etc.), in subsection (1), for “or a National Health Service trust” there is substituted “ , a National Health Service trust or an NHS foundation trust ”.

The Data Protection Act 1998 (c. 29)

106

The Data Protection Act 1998 is amended as follows.

107

In section 69 (meaning of “health professional”), in subsection (3), after paragraph (f) there is inserted—

(fa) an NHS foundation trust;

.

The Health Act 1999 (c. 8)

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Care Standards Act 2000 (c. 14)

110

The Care Standards Act 2000 is amended as follows.

111

In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii), after “NHS trusts” there is inserted “ , NHS foundation trusts ”.

112

In section 121 (general interpretation), in subsection (1), in the definition of “National Health Service body”, after “National Health Service trust,” there is inserted “ an NHS foundation trust, ”.

The Freedom of Information Act 2000 (c. 36)

113

The Freedom of Information Act 2000 is amended as follows.

114

In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is inserted—

(40A) An NHS foundation trust.

The Health and Social Care Act 2001 (c. 15)

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

119

The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

120

In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted—

(53A) Paragraph 8(1) of Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003.

The International Development Act 2002 (c. 1)

121

The International Development Act 2002 is amended as follows.

122

In Schedule 1 (statutory bodies to which section 9 applies), there is inserted at the appropriate place— “ An NHS foundation trust ”.

The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption and Children Act 2002 (c. 38)

125

The Adoption and Children Act 2002 is amended as follows.

126

In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

The Nationality, Immigration and Asylum Act 2002 (c. 41)

127

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

128

In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph (ii) there is inserted—

(iia) an NHS foundation trust,

.

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

129

The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

130

In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in subsection (1), in paragraph (a) of the definition of “NHS body”, after “trust;” there is inserted—

(ab) an NHS foundation trust;

.

SCHEDULE 5

General duty

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to documents and information

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral to regulator

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit of accounts of directors or officers

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disclosure of information

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers and duties

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman and other members

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of chairman and other members

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employees

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of functions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments and loans

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and evidence

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers and duties

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman and other members

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of chairman and other members

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employees

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of functions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments and loans

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and evidence

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Transfer schemes

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Public Records Act 1958 (c. 52)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “ Commission for Healthcare Audit and Inspection ”; “ Commission for Social Care Inspection ”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

2

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—

(bg) the Commission for Healthcare Audit and Inspection; (bh) the Commission for Social Care Inspection;

.

Parliamentary Commissioner Act 1967 (c. 13)

3

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”

Local Authority Social Services Act 1970 (c. 42)

4

In the Local Authority Social Services Act 1970, in Schedule 1, insert at the end—

Health and Social Care (Community Health and Standards) Act 2003
Section 114	Consideration of complaints.

Superannuation Act 1972 (c. 11)

5

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “ The Commission for Healthcare Audit and Inspection. ”; “ The Commission for Social Care Inspection. ”.

6

The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

House of Commons Disqualification Act 1975 (c. 24)

7

In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8

In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

National Health Service Act 1977 (c. 49)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1989 (c. 41)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Service Commissioners Act 1993 (c. 46)

11

• (1) The Health Service Commissioners Act 1993 has effect subject to the following amendments.

• (2) In section 4(4)(a), after “can be made” insert “ under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or ”.

• (3) In section 11, after subsection (1B) insert—

(1C) Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.

• (4) In section 12(1A), for “or (1C)” substitute “ (1C) or (1E) ”.

• (5) In section 14, after subsection (2D) insert—

(2E) In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation— (a) to the person who made the complaint; (b) to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate); (c) to the person or body whose maladministration is complained of; (d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of; (e) to the Secretary of State. (2F) In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons— (a) to the person who made the complaint; or (b) to any such member of the House of Commons as is mentioned in subsection (2E)(b).

• (6) In section 14A, at the end insert—

(4) In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation— (a) to the person who made the complaint; (b) to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate); (c) to the person or body whose maladministration is complained of; (d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of; (e) to the Assembly First Secretary. (5) In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons— (a) to the person who made the complaint; or (b) to any such member of the Assembly as is mentioned in subsection (4)(b).

• (7) In section 14B—

• (a) for “14A(1)”, in each place, substitute “ 14A ”, and

• (b) in subsection (2), for “or (1C)” substitute “ (1C) or (1E) ”.

Audit Commission Act 1998 (c. 18)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government of Wales Act 1998 (c. 38)

13

In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—

(12A) The Commission for Healthcare Audit and Inspection.

Protection of Children Act 1999 (c. 14)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1999 (c. 27)

15

In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—

(e) the Commission for Social Care Inspection;

.

Care Standards Act 2000 (c. 14)

16

The Care Standards Act 2000 has effect subject to the following amendments.

17

In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—

(i) the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies; (ii) the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;

.

18

• (1) Section 8 is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) At the end insert—

(6) In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of— (a) medical or psychiatric treatment, or (b) listed services (as defined in section 2).

19

In section 10—

• (a) subsection (1) is omitted; and

• (b) in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.

20

In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.

21

In section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.

22

In section 29(1)—

• (a) for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and

• (b) for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.

23

In section 31—

• (a) in subsection (6), for “powers” substitute “ power ”; and

• (b) in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.

24

In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.

25

In section 42, at the end insert—

(5) Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

In section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.

28

In section 55(3)(e)—

• (a) for “the Commission” substitute “ the CSCI ”;

• (b) for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

29

In section 113, after subsection (1) insert—

(1A) The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that— (a) the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or (b) in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.

30

In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.

Freedom of Information Act 2000 (c. 36)

31

In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000. ”; “ Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000. ”.

Adoption and Children Act 2002 (c. 38)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

1

Any payment made to or for the injured person under—

• (a) Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons),

• (b) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), ...

• (c) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland) or

• (d) section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).

2

Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

• (a) the injury suffered by the injured person, or

• (b) any connected injury suffered by another.

3

Any payment made out of property held for the purposes of a prescribed trust.

4

• (1) Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.

• (2) In sub-paragraph (1), “insurer” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Sub-paragraph (2) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000,

• (b) any relevant order under that section, and

• (c) Schedule 2 to that Act.

5

Any payment which apart from this paragraph would be made by—

• (a) the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,

• (b) the relevant ambulance trust to whom the payment would subsequently be passed under that section.

6

Any payment to the extent that it is made—

• (a) in consequence of an action under the Fatal Accidents Act 1976 (c. 30),

• (b) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

• (c) in circumstances where, had an action been brought, it would have been brought under that Act or Order.

7

Any payment to the extent that it is made in respect of a liability arising by virtue of any of sections 4 to 6 of the Damages (Scotland) Act 2011 (asp 7).

8

Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.

SCHEDULE 11

National Health Service (Amendment) Act 1949 (c. 93)

1

• (1) The National Health Service (Amendment) Act 1949 (which is spent in relation to England and Wales) shall cease to have effect.

• (2) This paragraph extends to England and Wales only.

Health Services and Public Health Act 1968 (c. 46)

2

The Health Services and Public Health Act 1968 has effect subject to the following amendments.

3

• (1) Section 59 is amended as follows.

• (2) In subsection (1)—

• (a) after “local pharmaceutical services,” insert “ primary medical services, ”;

• (b) after “personal medical services,” insert “ primary dental services, ”.

• (3) In subsection (2), after “1977” insert “ (in the case of pharmaceutical services) ”.

• (4) In subsection (2A), omit “section 28C of the 1977 Act,”.

• (5) After subsection (2B) insert—

(2C) In subsection (1), the references to primary medical services and primary dental services are references to primary medical services and primary dental services provided under Part 1 of the 1977 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

4

In section 63(2)—

• (a) after paragraph (a) insert—

(aa) the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act and an activity involved in or connected with the provision or performance of such a service;

;

• (b) in paragraph (ba), omit “section 28C of the 1977 Act or”.

5

In section 64(3)(b), after “make arrangements” insert “ or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act ”.

Patents Act 1977 (c. 37)

6

• (1) Section 56(4)(a) of the Patents Act 1977 is amended as follows.

• (2) After “the provision of—” insert—

(ai) primary medical services or primary dental services under Part 1 of the National Health Service Act 1977, or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or

.

• (3) In sub-paragraph (i), after “1977” insert “ (in the case of pharmaceutical services) ”.

• (4) In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.

National Health Service Act 1977 (c. 49)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

• (1) Section 98 is amended as follows.

• (2) In subsection (1)—

• (a) insert “ and ” at the end of paragraph (dd);

• (b) omit paragraph (e) and the preceding “and”.

• (3) In subsection (4)—

• (a) in paragraph (a), omit the words from “, other than” to the end;

• (b) omit paragraph (b).

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Scotland) Act 1978 (c. 29)

46

• (1) Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b)(ii), after “arrangements or” insert “ primary medical services in accordance with ”;

• (b) in paragraph (c)(ii), after “arrangements or” insert “ primary dental services in accordance with ”.

• (3) In subsection (2), in the definition of “NHS employee”—