Health and Social Care Act 2008

Type Public General Act
Publication 2008-07-21
Last updated 2023-02-07
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Human Rights Act 1998: provision of certain social care to be public function

Consultation in relation to commencement

Abolition of maintenance liability of relatives

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Power of Secretary of State to give financial assistance

Orders, regulations and directions: general provisions

Regulations: control by Northern Ireland Assembly

Consultation in relation to commencement

Reports

Reviews and performance assessments

Procedural rules

Administration of oaths and issuing of witness summonses etc.

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Abolition of maintenance liability of relatives

Orders and regulations: Parliamentary control

Directions

Short title

Chief Inspectors

3A
  • (1) The non-executive members must—
  • (a) appoint an executive member to be the Chief Inspector of Hospitals,
  • (b) appoint an executive member to be the Chief Inspector of Adult Social Care, and
  • (c) appoint an executive member to be the Chief Inspector of General Practice.
  • (2) Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.
  • (3) When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission's independence from the Secretary of State.

Warning notice: quality of health care

29A
  • (1) If it appears to the Commission that the quality of health care provided by an NHS trust established under section 25 of the National Health Service Act 2006 or by an NHS foundation trust requires significant improvement, the Commission may give the trust a warning notice.
  • (2) A warning notice under this section is a notice in writing—
  • (a) stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,
  • (b) specifying the health care concerned,
  • (c) giving the Commission's reasons for its view, and
  • (d) requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.
  • (3) Where a warning notice under this section imposes more than one requirement under subsection (2)(d), it may specify different times for different requirements.
  • (4) The Commission must—
  • (a) where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;
  • (b) where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.
  • (5) Where, having carried out the duty under subsection (4), the Commission is satisfied that a requirement to which the notice relates has not been complied with, it—
  • (a) must decide what action to take in relation to the trust, and
  • (b) must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).

Reports

Further provisions about listed persons

Duty to inform the public

Constitution etc. of Council

Co-operation between prescribed bodies

Further amendments relating to public health protection

Further amendments relating to public health protection

Penalty: Northern Ireland

Administration: Northern Ireland

Northern Ireland: health in pregnancy grant to be excepted matter

Weighing and measuring of children: England

Abolition of maintenance liability of relatives

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Qualifying bodies

Directions

Short title

Short title

Public health protection

Northern Ireland: health in pregnancy grant to be excepted matter

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Qualifying bodies

Orders and regulations: Parliamentary control

Learning disability and autism training: code of practice

21A
  • (1) The Secretary of State must issue a code of practice about compliance with requirements imposed by virtue of section 20(5ZA) (requirements relating to training on learning disability and autism).
  • (2) The code must make provision about—
  • (a) the content of training;
  • (b) training appropriate to different roles;
  • (c) circumstances in which it is appropriate for training to be delivered in person;
  • (d) the involvement of people with learning disability, autistic people, or their carers, in the provision of training;
  • (e) accreditation of training;
  • (f) procurement of training;
  • (g) monitoring and evaluation of the impact of training;
  • (3) The code may make different provision for different cases or circumstances.
  • (4) The Secretary of State must, at least once every five years—
  • (a) review the code, and
  • (b) lay before Parliament a report setting out the findings of the review.

Warning notice: quality of health care

Reports

General and supplementary

Weighing and measuring of children: Wales

Orders, regulations and directions: general provisions

Regulations: control by Northern Ireland Assembly

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