Part 1 National Health Service

Health service funding

1 Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

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2 Payments relating to past performance

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3 Supplementary payments to NHS trusts and Primary Care Trusts

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4 Public-private partnerships

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5 Income generation

In section 7 of the Health and Medicines Act 1988 (c. 49) (additional powers for financing Health Service), after subsection (7) there shall be inserted—

“ (7A) The power specified in paragraph (g) of subsection (2) above includes power for the Secretary of State—

(a) to form, or participate in the forming of, companies,

(b) to invest in companies (whether by acquiring assets, securities or rights or otherwise), and

(c) to provide loans and guarantees and make other kinds of financial provision to or in respect of companies,

where it appears to him that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.

(7B) In subsection (7A) above “ companies ” means companies within the meaning of the Companies Act 1985 (c. 6); and that subsection is without prejudice to—

(a) the generality of paragraph (g) of subsection (2) above, and

(b) any powers of the Secretary of State exercisable otherwise than by virtue of this section. ”

Terms of employment of health service employees

6 Terms and conditions of employment by health service bodies

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Local authority scrutiny of health service provision

7 Functions of overview and scrutiny committees

(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted—

“ (f) in the case of the overview and scrutiny committee or committees of an authority to which section 7 of the Health and Social Care Act 2001 applies, to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning of that section) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations. ”

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

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

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

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

8 Joint overview and scrutiny committees etc.

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9 Overview and scrutiny committees: exempt information

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10 Application to the City of London

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Public involvement and consultation

11 Public involvement and consultation

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Independent advocacy services

12 Independent advocacy services

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Intervention powers

13 Intervention orders

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Abolition of Medical Practices Committee and National Health Service Tribunal

14 Abolition of Medical Practices Committee

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

(2) On the date this section comes into force—

(a) all property in the possession of the Medical Practices Committee, and

(b) all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,

shall be transferred to the Secretary of State.

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

(4) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977, prior to its repeal by the National Health Service (Consequential Provisions) Act 2006, before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.

15 Vacancies for medical practitioners

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16 Abolition of NHS Tribunal

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General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services

17 Remuneration of general medical practitioners

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18 Out of hours medical services

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19 Enhanced criminal record certificates

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20 Medical, dental, ophthalmic and pharmaceutical etc. lists

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21 Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

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22 Dental corporations

(1) The 1977 Act shall be amended as follows.

(2) In section 35 (arrangements for general dental services)—

(a) in subsection (1)—

(i) after “dental practitioners” there shall be inserted “ or dental corporations ” , and

(ii) after “dental practitioner” there shall be inserted “ or dental corporation ” ,

(b) in subsection (2)—

(i) after “dental practitioner who” there shall be inserted “ , or dental corporation which, ” ,

(ii) after “salary” there shall be inserted “ (or, in the case of a dental corporation, a fixed rate of remuneration) ” , and

(iii) in paragraph (b), after “practitioner” there shall be inserted “ or corporation ” , and

(c) after subsection (4) there shall be inserted—

“ (5) In this Act, “ dental corporation ” means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)). ”

(3) In section 36 (regulations about general dental services)—

(a) in subsection (1)(a), after “dental practitioners” there shall be inserted “ and dental corporations ” ,

(b) in subsection (1)(b), after “dental practitioner” there shall be inserted “ or dental corporation ” ,

(c) in subsection (1)(d), after “dental practitioners” there shall be inserted “ and dental corporations ” , and

(d) in subsection (3), after “dental practitioner” there shall be inserted “ or dental corporation ” .

(4) In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted—

“ (2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation. ”

(5) In section 128(1) (interpretation), in the appropriate place there shall be inserted—

“ “ dental corporation ” has the meaning given by section 35(5); ” .

23 Declaration of financial interests, gifts, etc.

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24 Supplementary lists

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25 Suspension and disqualification of practitioners

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Personal medical services and personal dental services

26 PMS and PDS lists

(1) After section 28D of the 1977 Act there shall be inserted—

28DA “ Lists of persons who may perform personal medical services or personal dental services

(1) The Secretary of State may make regulations providing for the preparation and publication by each Primary Care Trust and by each Health Authority of one or more lists of—

(a) medical practitioners who may perform personal medical services in accordance with section 28C arrangements,

(b) dental practitioners who may perform personal dental services in accordance with section 28C arrangements.

(2) Such a list is referred to in this section as a “ services list ”.

(3) The regulations may, in particular, include provision as to—

(a) the Primary Care Trust or Health Authority to which an application for inclusion in a services list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Primary Care Trust or Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Primary Care Trust or Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Primary Care Trust or Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Primary Care Trust or Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a services list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Primary Care Trusts and Health Authorities under the regulations,

(k) the disclosure by a Primary Care Trust or Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a services list to be subject to conditions determined by the Primary Care Trust or Health Authority,

(b) the Primary Care Trust or Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Primary Care Trust or Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the services list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6) Regulations may provide—

(a) that no person may perform personal medical services in accordance with section 28C arrangements unless he is included in a medical list, a supplementary list under section 43D or a services list,

(b) that no person may perform personal dental services in accordance with section 28C arrangements unless he is included in a list referred to in section 36(1)(a), a supplementary list under section 43D or a services list.

(7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(8) If the regulations provide under subsection (3)(e) or (4) that a Primary Care Trust or Health Authority may suspend or remove a person from a services list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Primary Care Trust or Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the decision of the Primary Care Trust or of the Health Authority and the reasons for it and of any right of appeal under subsection (9) or (10).

(9) If the regulations provide under subsection (3)(c) or (e) that a Primary Care Trust or Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the decision of the Primary Care Trust or of the Health Authority .

(10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the decision of the Primary Care Trust or of the Health Authority —

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the services list for breach of condition,

(d) on any review of an earlier such decision of theirs. ”

(2) After section 8 of the National Health Service (Primary Care) Act 1997 (c. 46) there shall be inserted—

“ Services Lists

8ZA Lists of persons who may perform personal medical services or personal dental services

(1) The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of—

(a) medical practitioners who may perform personal medical services in connection with the provision of such services under a pilot scheme,

(b) dental practitioners who may perform personal dental services in connection with the provision of such services under a pilot scheme.

(2) Such a list is referred to in this section as a “ services list ”.

(3) The regulations may, in particular, include provision as to—

(a) the Health Authority to which an application for inclusion in a services list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a services list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Health Authorities under the regulations,

(k) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a services list to be subject to conditions determined by the Health Authority,

(b) the Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the services list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) of the 1977 Act.

(6) Regulations may provide—

(a) that no person may perform personal medical services unless he is included in a medical list, a supplementary list under section 43D of the 1977 Act or a services list,

(b) that no person may perform personal dental services unless he is included in a list referred to in section 36(1)(a) of the 1977 Act, a supplementary list under section 43D of that Act or a services list.

(7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N of the 1977 Act.

(8) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (9) or (10).

(9) If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the Family Health Services Appeal Authority (“ FHSAA ”) against the Health Authority’s decision.

(10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the services list for breach of condition,

(d) on any review of an earlier such decision of theirs. ”

(3) In section 40(3) of the National Health Service (Primary Care) Act 1997 (c. 46) (interpretation) after “sections 28C” there shall be inserted “ , 28DA ” .

The Family Health Services Appeal Authority

27 The Family Health Services Appeal Authority

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Part 2 Pharmaceutical Services

Chapter 1 Local Pharmaceutical Services

Preparation and making of pilot schemes

28 Pilot schemes

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29 Making pilot schemes

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30 Designation of priority neighbourhoods or premises

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Reviews, variation and termination of pilot schemes

31 Reviews of pilot schemes

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32 Variation and termination of pilot schemes

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NHS contracts and financial provisions

33 NHS contracts

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34 Funding of preparatory work

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35 Charges, recovery of payments and penalties

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General

36 Effect of the 1977 Act

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37 Premises from which piloted services may be provided

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38 Control of entry regulations

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Assessing the result of pilot schemes

39 Assessing pilot schemes

(1) The relevant authority may not bring section 40 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service (within the meaning of section 206 of the National Health Service Act 2006 ).

(2) In determining whether to bring section 40 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 95 of the National Health Service (Wales) Act 2006 .

Provision for local pharmaceutical schemes

40 Provision for LPS schemes

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Corresponding provision, etc.

41 Corresponding provision and application of enactments

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Chapter 2 Changes to existing arrangements

England and Wales

42 Dispensing of NHS prescriptions and provision of pharmaceutical services

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43 Remote provision of pharmaceutical, etc. services

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Part 3 Care Trusts and Partnership Arrangements

45 Care Trusts

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46 Directed partnership arrangements

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47 Further provisions about directions in connection with directed partnership arrangements and Care Trusts

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48 Transfer of staff in connection with partnership arrangements

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Part 4 Social Care

Nursing care

49 Exclusion of nursing care from community care services

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Preserved rights

50 Preserved rights: transfer to local authorities of responsibilities as to accommodation

(1) The following provisions, namely—

(a) section 26A of the National Assistance Act 1948 (c. 29) (which prevents local authorities in England or Wales providing residential accommodation for persons who were in such accommodation on 31st March 1993), and

(b) section 86A of the Social Work (Scotland) Act 1968 (c. 49) (which makes corresponding provision for Scotland),

shall cease to have effect on the appointed day.

(2) For the purposes of this section a “ qualifying person ” is—

(a) (in relation to any time before the appointed day) a person to whom section 26A(1) or section 86A(1) applies; or

(b) (in relation to any later time) a person to whom either of those sections applied immediately before that day.

(3) Where a qualifying person is immediately before the appointed day ordinarily resident in relevant premises in the area of a local authority (“ the responsible authority ”), that authority shall secure that—

(a) as from that day, or

(b) as soon thereafter as is reasonably practicable,

the person is provided with such community care services with respect to his accommodation as appear to the authority to be appropriate having regard to his needs as assessed under section 47(1)(a) of the 1990 Act (assessment of needs for community care services in England or Wales) or section 12A(1)(a) of the 1968 Act (corresponding provision for Scotland).

(4) Each local authority shall accordingly—

(a) use their best endeavours to identify every person ordinarily resident in relevant premises in their area who is a qualifying person; and

(b) carry out such a programme of assessments under section 47(1)(a) or 12A(1)(a) in respect of persons so identified as appears to the authority to be required for the purpose of enabling them to discharge their duty under subsection (3) in relation to such persons.

(5) Where a person—

(a) is a qualifying person immediately before the appointed day, and

(b) is provided by the responsible authority with any community care services with respect to his accommodation in accordance with subsection (3),

his existing arrangements shall, by virtue of this subsection, terminate on the date as from which he is provided with those services.

(6) Where any such person is not provided with any such services as from the appointed day, any liability of his to make any payment under his existing arrangements in respect of any period (or part of a period) falling within the period beginning with the appointed day and ending with—

(a) the date as from which he is provided with any such services, or

(b) the date on which he notifies (or is in accordance with regulations to be treated as notifying) the responsible authority that he does not wish to be provided with any such services,

shall instead be a liability of the responsible authority.

(7) However, the responsible authority may, in respect of any payment made by them in pursuance of subsection (6), recover from the person such amount (if any) as may be prescribed; and any such amount shall be so recoverable in accordance with section 56 of the 1948 Act as if it were an amount due to the authority under that Act.

(8) The provisions of subsections (3) to (7) do not apply, to such extent as may be prescribed, in relation to any person falling within any prescribed description of persons.

(9) Regulations may also—

(a) prescribe the circumstances in which persons are to be treated as ordinarily resident in any premises for the purposes of this section;

(b) for the purpose of prescribing any such amount as is mentioned in subsection (7), provide for any provision made by or under section 22 or 26 of the 1948 Act to apply with or without modifications.

(10) In this section—

• “ the appointed day ” means the day appointed under section 70 for the coming into force of subsection (1);

• “ existing arrangements ”, in relation to a person, means the arrangements for the provision of accommodation in the relevant premises mentioned in subsection (3), together with any arrangements for the provision of any services or facilities in connection with that accommodation;

• “ prescribed ” means prescribed by regulations;

• “ relevant premises ”—

  (a)

  in relation to ... Wales, has the same meaning as in section 26A of the 1948 Act;

  (b)

  in relation to Scotland, has the same meaning as in section 86A of the 1968 Act.

• “ the responsible authority ” shall be construed in accordance with subsection (3).

51 Preserved rights: disclosure of information

(1) For the purposes of this section a “ claimant ” is—

(a) (in relation to any time before the appointed day) a person who is ordinarily resident in relevant premises and has a preserved right by virtue of which enhanced payments are being made to or in respect of him by way of income support or jobseeker’s allowance, or

(b) (in relation to any later time) a person who fell within paragraph (a) immediately before that day.

(2) Any information—

(a) held by, or by a person providing services to, the Secretary of State about a claimant, and

(b) relating to income support or jobseeker’s allowance,

may be supplied, for qualifying purposes, to the local authority in whose area the relevant premises referred to in subsection (1) are situated or to any person providing services to, or authorised to exercise functions of, the authority.

(3) Where information relating to a claimant is supplied to any authority or person (“ the recipient ”) in accordance with subsection (2), the information may be supplied by the recipient, for qualifying purposes—

(a) to any local authority appearing to the recipient to be providing the claimant with community care services with respect to his accommodation; or

(b) to any person providing services to, or authorised to exercise functions of, any such local authority.

(4) In subsections (2) and (3) “ qualifying purposes ”, in relation to information relating to a claimant, means—

(a) purposes connected with the performance of functions under section 50 in relation to the claimant, or

(b) other purposes connected with the termination of his preserved right in consequence of section 52(1), or

(c) (in subsection (2)) any further supply of the information under subsection (3).

(5) Where information relating to a particular person is supplied to any authority or person in accordance with subsection (2) or (3), section 123 of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons) shall apply in relation to the disclosure of the information by—

(a) the recipient of the information, or

(b) any officer or employee of the recipient,

without lawful authority (within the meaning of that section) as it applies to any disclosure of information to which subsection (1) of that section applies.

(6) In this section—

• “ the appointed day ”, “ ordinarily resident ” and “ relevant premises ” have the same meaning as they have for the purposes of section 50;

• “ preserved right ” means a preserved right within the meaning of the Income Support (General) Regulations 1987 (S.I. 1987/1967).

52 Preserved rights: alignment of social security benefits

(1) The Secretary of State shall so exercise his powers under—

(a) section 135(1) of the Social Security Contributions and Benefits Act 1992 (c. 4) (applicable amount in relation to income-related benefits), and

(b) section 4(5) of the Jobseekers Act 1995 (c. 18) (amount payable by way of jobseeker’s allowance),

as to secure that any special provision made in exercise of those powers as respects income support or jobseeker’s allowance payable to or in respect of persons who have preserved rights ceases to have effect on the appointed day.

(2) In this section—

• “ the appointed day ” means the day appointed under section 70 for the coming into force of section 50(1);

• “ preserved rights ” means preserved rights within the meaning of the Income Support (General) Regulations 1987.

Measures to increase availability of Part 3 accommodation

53 Disregarding of resources when determining need for residential accommodation

In section 21 of the 1948 Act (duties of local authorities to provide accommodation), for subsections (2A) and (2B) there shall be substituted—

“ (2A) In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B) In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection. ”

54 Funding by resident etc. of more expensive accommodation

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55 Power for local authorities to take charges on land instead of contributions

(1) Where a person (“ the resident ”)—

(a) is availing himself of Part 3 accommodation provided by a local authority, or is proposing to do so, and

(b) is liable, or would be liable, to pay for the accommodation (whether at the full standard rate determined in accordance with section 22(2) or 26(2) of the 1948 Act or at any lower rate),

the local authority may enter into a deferred payment agreement with the resident.

(2) The relevant authority may by directions require local authorities, where—

(a) they provide or are to provide Part 3 accommodation for a person falling within subsection (1) (“ the resident ”), and

(b) any conditions specified in the directions are satisfied,

to enter into a deferred payment agreement with the resident.

(2A) A local authority in England may not enter into, or be required by directions under subsection (2) to enter into, a deferred payment agreement on or after the day on which section 1 of the Care Act 2014 came into force.

(2B) A local authority in Wales may not enter into, or be required by directions under subsection (2) to enter into, a deferred payment agreement on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.

(3) A “ deferred payment agreement ” is an agreement whereby—

(a) during the exempt period the resident will not be required to make payment to the authority of any relevant contributions in respect of periods (or parts of periods) falling within the exempt period, but

(b) the total amount of the relevant contributions shall become payable to the authority on the day after the date on which the exempt period ends, and

(c) the resident will grant the authority a charge in their favour in respect of any land specified in the agreement in which he has a beneficial interest (whether legal or equitable) for the purpose of securing the payment to the authority of the total amount payable to them as mentioned in paragraph (b).

(4) “ The exempt period ”, in relation to a deferred payment agreement, is the period beginning with the time when the agreement takes effect and ending—

(a) 56 days after the date of the resident’s death, or

(b) with any earlier date which, in accordance with the agreement, the resident has specified in a notice given by him to the authority for the purposes of subsection (5)(b).

(5) The provisions of any deferred payment agreement and any such charge as is mentioned in subsection (3)(c)—

(a) shall be determined by the authority in accordance with any directions given by the relevant authority; but

(b) shall secure that the agreement and any such charge may be terminated by notice given to the authority by the resident on payment of the full amount which he is liable to pay as mentioned in subsection (3)(a) down to the date of the payment.

(6) Where a deferred payment agreement is in force in respect of the resident—

(a) no interest shall accrue at any time on or before the date on which the exempt period ends in respect of any sum which he is liable to pay as mentioned in subsection (3)(a); but

(b) as from the day after that date, any such sum shall bear interest at such reasonable rate as the relevant authority may direct or, if no such directions are given, as the authority may determine;

and accordingly any charge granted in pursuance of subsection (3)(c) shall secure payment to the authority of any interest falling due by virtue of paragraph (b) above.

(7) Any reference in this section to relevant contributions is a reference to—

(a) so much of the payments which the resident is liable to pay to an authority for Part 3 accommodation (including any payments which are additional payments for the purpose of section 54) as may be specified in, or determined in accordance with, regulations made for the purposes of this subsection; and

(b) any sum due to an authority by the resident under Part 1 of the Care Act 2014 or Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the resident, including anything provided in connection with that accommodation.

(8) Any directions given by the relevant authority under this section shall be given to local authorities generally.

56 Cross-border placements

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

Direct payments

57 Direct payments

(1) Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2A) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in subsection ... (2A) .

(1A) Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person (“P”) of a prescribed description—

(a) who falls within subsection (2)(a), and

(b) who falls within subsection (5A) or is reasonably believed by the authority to fall within that subsection,

to make, with the requisite consent, such payments as the authority may determine in accordance with the regulations to a suitable person other than P in respect of the other person's securing the provision for P of the service mentioned in subsection (2)(a).

(1B) In subsection (1A) “ the requisite consent ” means—

(a) the consent of the other person; and

(b) where the other person is not a surrogate of P but there is at least one person who is a surrogate of P, the consent also of a surrogate of P.

(1C) For the purposes of subsection (1A), a person (whether or not an individual) is “suitable” if—

(a) that person is a representative of P;

(b) that person is not a representative of P (or there is no-one who is a representative of P), but—

(i) a surrogate of P, and

(ii) the responsible authority,

consider that person to be a suitable person to receive the payments for the purpose of securing provision for P of the service concerned; or

(c) that person is not a representative of P (or there is no-one who is a representative of P), and there is no-one who is a surrogate of P, but the responsible authority considers that person to be a suitable person to receive the payments for that purpose.

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

(2A) A person falls within this subsection if the person is under 18 and a local authority ... have decided under section 47 of the 1990 Act that the person’s needs call for the provision by them of services under section 117 of the Mental Health Act 1983(after-care).

(2B) The local authority mentioned in subsection (2A) are referred to in this section as “the responsible authority”.

(3) Regulations under this section may, in particular, make provision—

(a) specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person or in respect of a person , whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2A) ;

(b) for any payments required or authorised by the regulations to be made to a person by the responsible authority (“ direct payments ”) to be made to that person (“ the payee ”) as gross payments or alternatively as net payments;

(c) for the responsible authority to make for the purposes of subsection (4) or (5) such determination as to—

(i) the payee’s means in the case of direct payments under subsection (1) or, in the case of direct payments under subsection (1A), the means of the person (“ the beneficiary ”) in respect of whom the payments are required or authorised to be made , and

(ii) the amount (if any) which it would be reasonably practicable for him to pay to the authority by way of reimbursement or contribution,

as may be prescribed;

(d) as to the conditions falling to be complied with by the payee in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);

(e) specifying circumstances in which the responsible authority—

(i) may or must terminate the making of direct payments,

(ii) may require repayment (whether by the payee in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), or otherwise) of the whole or part of the direct payments;

(f) for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;

(g) displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2A) only to such extent, and subject to such conditions, as may be prescribed;

(h) authorising direct payments to be made to any prescribed person on behalf of the payee.

(j) as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;

(k) as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;

(l) specifying circumstances in which a person who has fallen within subsection (5A) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (5A) for purposes of this section or for purposes of regulations under this section.

(4) For the purposes of subsection (3)(b) “ gross payments ” means payments—

(a) which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but

(b) which may be made subject to the condition that the payee in the case of direct payments under subsection (1), or the beneficiary in the case of direct payments under subsection (1A), pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.

(5) For the purposes of subsection (3)(b) “ net payments ” means payments—

(a) which are made on the basis that the payee will himself in the case of direct payments under subsection (1), or the beneficiary will in the case of direct payments under subsection (1A), pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and

(b) which are accordingly made at such a rate below that mentioned in subsection (4)(a) as reflects any such contribution by the payee or (as the case may be) the beneficiary .

(5A) A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.

(5B) In this section “ representative ”, in relation to a person, means such other person (whether or not an individual) as may be prescribed.

(5C) In this section “ surrogate ”, in relation to a person, means—

(a) a deputy appointed for the person by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005, or

(b) a donee of a lasting power of attorney created by the person,

whose powers, as deputy or donee, consist of or include such powers as may be prescribed.

(6) Regulations under this section shall provide that, where direct payments are made in respect of a service which, apart from the regulations, would be provided under section 117 of the Mental Health Act 1983 (c. 20) (after-care)—

(a) the payments shall be made at the rate mentioned in subsection (4)(a); and

(b) subsection (4)(b) shall not apply.

(7) Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.

(7A) For the purposes of subsection (3)(d), the conditions that are to be taken to be conditions in relation to direct payments include, in particular, conditions in relation to—

(a) the securing of the provision of the service concerned,

(b) the provider of the service,

(c) the person to whom payments are made in respect of the provision of the service, or

(d) the provision of the service.

(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section “ prescribed ” means specified in or determined in accordance with regulations under this section.

58 Direct payments in respect of children

For section 17A of the Children Act 1989 (c. 41) there shall be substituted—

“ 17A Direct payments

(1) The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.

(2) A person falls within this subsection if he is—

(a) a person with parental responsibility for a disabled child,

(b) a disabled person with parental responsibility for a child, or

(c) a disabled child aged 16 or 17,

and a local authority (“ the responsible authority ”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.

(3) Subsections (3) to (5) and (7) of section 57 of the 2001 Act shall apply, with any necessary modifications, in relation to regulations under this section as they apply in relation to regulations under that section.

(4) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—

(a) the payments shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act (as applied by subsection (3)); and

(b) subsection (4)(b) of that section shall not apply.

(5) A person falls within this subsection if he is—

(a) a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or

(b) a person who is in receipt of income support, working families’ tax credit or disabled person’s tax credit under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) or of an income-based jobseeker’s allowance.

(6) In this section—

• “ the 2001 Act ” means the Health and Social Care Act 2001;

• “ disabled ” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;

• “ prescribed ” means specified in or determined in accordance with regulations under this section (and has the same meaning in the provisions of the 2001 Act mentioned in subsection (3) as they apply by virtue of that subsection). ”

Supplementary

59 Interpretation of Part 4

(1) In this Part—

• “ the 1948 Act ” means the National Assistance Act 1948 (c. 29);

• “ the 1968 Act ” means the Social Work (Scotland) Act 1968 (c. 49);

• “ community care services ”—

  (a)

  ...

  (b)

  in relation to Scotland, has the same meaning as in the 1968 Act;

• “ local authority ”—

  (za)

  ...

  (a)

  does not, except in sections 55 and 57, include a local authority in England and, for the purposes of those sections in their application to local authorities in England, means a county council in England, a district council for an area in England which has no county council, a London borough council or the Common Council of the City of London ;

  (aa)

  does not, except in section 55, include a local authority in Wales and, for the purpose of that section in its application to local authorities in Wales, means the council of a county or county borough in Wales;

  (b)

  in relation to Scotland, has the same meaning as in the 1968 Act;

• “ Part 3 accommodation ” means (in accordance with section 54(3)) accommodation provided under sections 21 to 26 of the 1948 Act.

(2) In this Part any reference to Part 3 accommodation or to a local authority providing such accommodation shall be construed in accordance with section 21(5) or (6) of the 1948 Act, as the case may be.

(3) In this Part any reference (however expressed) to services provided by a local authority includes services which the authority arrange to provide, where they have power to do so.

Part 5 Miscellaneous and supplementary

Patient information

60 Control of patient information

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

61 Patient Information Advisory Group

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

Services for disabled people

62 Reports to Parliament on services for disabled people

(1) Section 11 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33) shall be amended as follows.

(2) Before subsection (1) there shall be inserted—

“ (1ZA) In this section, subsection (1ZB) extends to England and Wales only and subsection (1) extends to Scotland only.

(1ZB) The Secretary of State shall annually lay before Parliament—

(a) a report containing such information as he considers appropriate with respect to the development of health and social services for persons with mental illness; and

(b) a report containing such information as he considers appropriate with respect to the development of health and social services for persons with learning disability;

and each of those reports may contain such other information as the Secretary of State considers appropriate. ”

(3) For subsection (2) there shall be substituted—

“ (2) In this section—

• “ health service hospital ” has the same meaning as in the 1978 Act, except that it does not include a State hospital;

• “ learning disability ” means a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning. ”

Prescribing rights

63 Extension of prescribing rights

(1) The Medicines Act 1968 (c. 67) shall be amended as provided by subsections (2) to (7).

(2) In subsection (1) of section 58 (medicinal products on prescription), after paragraph (d) there shall be inserted “ , and

(e) other persons who are of such a description and comply with such conditions as may be specified in the order ” .

(3) After subsection (1) of that section there shall be inserted—

“ (1A) The descriptions of persons which may be specified in an order by virtue of subsection (1)(e) are the following, or any sub-category of such a description—

(a) persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960 (c. 66);

(b) persons who are pharmacists;

(c) persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (c. 24) (dental auxiliaries);

(d) persons who are registered in either of the registers of ophthalmic opticians kept under section 7(a) of the Opticians Act 1989 (c. 44);

(e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

(f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

(g) persons who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);

(h) any other description of persons which appears to the appropriate Ministers to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the appropriate Ministers consider it appropriate to specify.

(1B) Where an order under this section includes provision by virtue of subsection (1)(e), the order shall specify such conditions as are necessary to secure that any person who is an appropriate practitioner by virtue of the provision may prescribe, give directions or administer only in respect of human use. ”

(4) In subsection (4)(a) of that section, after “health visitor,” there shall be inserted “ or is an appropriate practitioner by virtue of provision made under subsection (1)(e) of this section, ” .

(5) After subsection (4) of that section there shall be inserted—

“ (4A) An order under this section may provide, in relation to a person who is an appropriate practitioner by virtue of subsection (1)(d) or (e), that such a person may—

(a) give a prescription for a medicinal product falling within a description or class specified in the order;

(b) administer any such medicinal product; or

(c) give directions for the administration of any such medicinal product,

only where he complies with such conditions as may be specified in the order in respect of the cases or circumstances in which he may do so.

(4B) An order under this section may provide, in relation to a condition specified by virtue of subsection (4A), for the condition to have effect subject to such exemptions as may be specified in the order.

(4C) Where a condition is specified by virtue of subsection (4A), any prescription or direction given by a person in contravention of the condition is not (subject to such exemptions or modifications as may be specified in the order by virtue of subsection (4)(a) of this section) given by an appropriate practitioner for the purposes of subsection (2)(a) or (b) of this section. ”

(6) In subsection (5) of that section, after “subsection (4)(a)” there shall be inserted “ or (4B) ” .

(7) In section 67 (offences under Part 2 of the Act)—

(a) after subsection (1) there shall be inserted—

“ (1A) Any person who gives a prescription or directions or administers a medicinal product in contravention of a condition imposed by an order under section 58 of this Act by virtue of subsection (4A) of that section shall be guilty of an offence.

(1B) Any person who—

(a) is an appropriate practitioner by virtue of provision made under section 58(1) of this Act; and

(b) gives a prescription or directions in respect of a medicinal product of a description or class in relation to which he is not an appropriate practitioner,

shall be guilty of an offence. ” ;

(b) in subsection (4), after “under”, there shall be inserted “ subsection (1A), (1B), ” .

(8) Each of the powers to establish a committee conferred by subsection (2) or (3) of section 4 of the Medicines Act 1968 (c. 67) may, before the commencement of subsections (1) to (6) of this section, be exercised in relation to section 58 of that Act as if those subsections were in force.

Supplementary

64 Regulations and orders

(1) Any power under this Act to make any order or regulations shall (except in the case of regulations under section 65(3)(c)) be exercisable by statutory instrument.

(2) A statutory instrument containing any order or regulations made by the Secretary of State under this Act other than—

(a) an order under section 70(2), or

(b) any regulations to which subsection (3) applies,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

(4) A statutory instrument containing any regulations made by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4A) A statutory instrument containing—

(a) regulations made by the Welsh Ministers under section 57, or

(b) regulations made by the Welsh Ministers under section 65 that make provision for the purposes of, in consequence of or for giving full effect to section 57,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) Any regulations made by virtue of section 65(3)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(6) Any power under this Act to make any order or regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition.

(7) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(8) Any such power includes power—

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(9) Nothing in this Act shall be read as affecting the generality of subsection (8).

65 Supplementary and consequential provision etc

(1) The Secretary of State may by regulations make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

(3) The power to make regulations under this section is also exercisable—

(a) by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly;

(b) by the Scottish Ministers, in relation to provision that would be within the legislative competence of the Scottish Parliament;

(c) by the First Minister and deputy First Minister acting jointly, in relation to provision dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(4) Nothing in this Act shall be read as affecting the generality of subsection (1).

66 Interpretation

In this Act (unless the context otherwise requires)—

• ...

• “ the 1990 Act ” means the National Health Service and Community Care Act 1990 (c. 19);

• ...

• “ regulations ” means regulations made by the relevant authority;

• “ the relevant authority ” means—

  (a)

  in relation to England, the Secretary of State,

  (b)

  in relation to Wales, the National Assembly for Wales, and

  (c)

  in relation to Scotland (in connection with regulations under section 50), the Scottish Ministers.

67 Minor and consequential amendments and repeals

(1) The minor and consequential amendments specified in Schedule 5 shall have effect.

(2) The enactments specified in Schedule 6 are repealed to the extent specified.

68 Powers of National Assembly for Wales under amended Acts

(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 the Act as so amended.

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

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

(4) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference as is mentioned in that subsection.

69 Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State in consequence of this Act; and

(b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

70 Short title, commencement and extent

(1) This Act may be cited as the Health and Social Care Act 2001.

(2) With the exception of—

(a) sections 59, 60, 61, 64 to 66, 68 and 69 and this section,

(b) Part 3 of Schedule 5, and

(c) any other provision of this Act so far as it confers any power to make an order or regulations under this Act which is exercisable by the Secretary of State,

this Act does not come into force until such day as the relevant authority may by order appoint; and different days may be so appointed for different purposes.

(3) In subsection (2), in its application in relation to—

(a) sections 14 to 17 and 27,

(b) sections 50(1), 51 and 52,

(c) sections 62 (except so far as extending to Wales) and 63, and

(d) any repeals consequential on any provisions falling within paragraph (a) or (b),

the reference to the relevant authority shall be read as a reference to the Secretary of State.

(4) In subsection (2), in its application in relation to—

(a) section 44, and

(b) the provisions of section 50(2) to (10) so far as relating to Scotland (and not within subsection (2)(c)),

the reference to the relevant authority shall be read as a reference to the Scottish Ministers.

(5) Subject to subsections (6) to (8), this Act extends to England and Wales only.

(6) The following provisions, namely—

(a) sections 50 to 52 and 59,

(b) sections 63 to 66, and

(c) this section,

also extend to Scotland.

(7) The following provisions, namely—

(a) sections 63 to 65, and

(b) this section,

also extend to Northern Ireland.

(8) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(9) Subsection (8) does not apply in relation to any amendment or repeal relating to section 115 of the Police Act 1997, and any such amendment or repeal extends to England and Wales only.

(10) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

SCHEDULES

Section 9

SCHEDULE 1 Exempt information relating to health services

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

Section 29

SCHEDULE 2 Pilot Schemes

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

Section 40

SCHEDULE 3 LPS Schemes

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

Section 48

SCHEDULE 4 Partnership Arrangements: Transfer of Staff

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

Section 67

SCHEDULE 5 Minor and consequential amendments

Part 1 National Health Service

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

1 (1) The Health Services and Public Health Act 1968 shall be amended as follows.

(2) In section 59 (extension of power of user by Crown of patented invention to user for certain health services)—

(a) in subsection (1), after “pharmaceutical services,” insert “ local pharmaceutical services, ” ; and

(b) after section 59(2A) insert—

“ (2B) In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—

(a) a pilot scheme established under section 28 of the Health and Social Care Act 2001;

(b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49); or

(c) any corresponding provision of the law in force in the Isle of Man. ”

(3) In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert—

“ (bb) the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service; ” .

House of Commons Disqualification Act 1975 (c. 24)

2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute—

“ The Medical Practices Committee constituted under section 3 of the National Health Service (Scotland) Act 1978. ”

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1977 (c. 37)

4 In section 56 of the Patents Act 1977(interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert “ , or

(iii) local pharmaceutical services provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49), or under any corresponding provision of the law in force in the Isle of Man ” .

National Health Service Act 1977 (c. 49)

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1983 (c. 20)

6 (1) Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.

(2) In subsection (3), after paragraph (e) insert—

“ (ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;

(eb) a provider of independent advocacy services for the patient; ” .

(3) After subsection (3) insert—

“ (3A) In subsection (3) above—

(a) “ patient advocacy and liaison service ” means a service of a description prescribed by regulations made by the Secretary of State, and

(b) “ independent advocacy services ” means services provided under arrangements under section 19A of the National Health Service Act 1977. ”

Copyright, Designs and Patents Act 1988 (c. 19)

7 In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert “ or

(c) local pharmaceutical services provided under—

(i) a pilot scheme established under section 28 of the Health and Social Care Act 2001; or

(ii) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49). ”

National Health Service and Community Care Act 1990 (c. 48)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)

9 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert “ or as a person providing local pharmaceutical services under a pilot scheme established by a Primary Care Trust or Health Authority under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established by a Primary Care Trust or Health Authority under Schedule 8A to the National Health Service Act 1977 (c. 49) ; ” .

Tribunals and Inquiries Act 1992 (c. 53)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Primary Care) Act 1997 (c. 46)

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Act 1999 (c. 8)

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 2000 (c. 22)

13 In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after “Schedule 1” insert “ , any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act ” .

Freedom of Information Act 2000 (c. 36)

14 (1) In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) after paragraph 45 insert—

“ 45A Any person providing local pharmaceutical services under—

(a) a pilot scheme established under section 28 of the Health and Social Care Act 2001; or

(b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49),

in respect of information relating to the provision of those services. ”

Part 2 Social Care

Local Authority Social Services Act 1970 (c. 42)

15 (1) The Local Authority Social Services Act 1970 shall be amended as follows.

(2) In section 7B(2) (complaints procedure), for the words from “or if he is in receipt of payment” onwards there shall be substituted “ or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001. ”

(3) In Schedule 1 (functions referred to social services committee of local authority), at the end insert—

PART 3 Patient Information

House of Commons Disqualification Act 1975 (c. 24)

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 67

SCHEDULE 6 Repeals

Part 1 National Health Service

Part 2 Pharmaceutical Services

Part 3 Social Care