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

2003 CHAPTER 43

An Act to amend the law about the National Health Service; to make provision about quality and standards in the provision of health and social care, including provision establishing the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection; to amend the law about the recovery of NHS costs from persons making compensation payments; to provide for the replacement of the Welfare Food Schemes; to make provision about appointments to health and social care bodies; and for connected purposes.

[20th November 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 NHS foundation trusts

Introductory

1 NHS foundation trusts

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2 Independent Regulator of NHS Foundation Trusts

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3 General duty of regulator

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Authorisation

4 Applications by NHS trusts

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5 Other applications

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6 Authorisation of NHS foundation trusts

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7 Effect of authorisation

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8 Amendments of constitution

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9 Variation of authorisation

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10 Register of NHS foundation trusts

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Financial matters

11 Power of Secretary of State to give financial assistance

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12 Prudential borrowing code

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13 Public dividend capital

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Functions

14 Authorised services

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15 Private health care

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16 Protection of property

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17 Financial powers

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18 General powers

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19 Information

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20 Entry and inspection of premises

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Prospective

21 Fees

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22 Trust funds and trustees

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Failure

23 Failing NHS foundation trusts

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24 Voluntary arrangements

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25 Dissolution etc.

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26 Sections 24 and 25: supplementary

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Mergers

27 Mergers

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28 Section 27: supplementary

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Co-operation

29 Co-operation between NHS bodies

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Patient and public involvement

30 Public involvement and consultation

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31 Patients' Forums

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32 Commission for Patient and Public Involvement in Health

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Miscellaneous

33 Taxation

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

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

(3) In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the Crown), in subsection (7), after “1978” there is inserted “ an NHS foundation trust ” .

34 Other amendments relating to NHS foundation trusts

Schedule 4 (which makes amendments relating to NHS foundation trusts) has effect.

35 Conduct of elections

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36 Offence

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37 Representative membership

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38 Audit

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39 General duty of NHS foundation trusts

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Supplementary

40 Interpretation of Part 1

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Part 2 Standards

Chapter 1 Regulatory bodies

41 The Commission for Healthcare Audit and Inspection

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43 Transfer of property etc to CHAI and CSCI

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44 Abolition of former regulatory bodies

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Chapter 2 NHS health care: introductory

45 Quality in health care

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

(2) In this Part “ health care ” means—

(a) services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and

(b) the promotion and protection of public health.

(3) In subsection (2)(a), “ illness ” has the meaning given by section 275 of the 2006 Act .

(4) In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006.

46 Standards set by Secretary of State

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47 Standards set by Assembly

(1) The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.

(2) The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate.

(3) The Assembly must consult such persons as it considers appropriate—

(a) before publishing a statement under this section;

(b) before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards.

(4) The standards set out in statements under this section are to be taken into account by a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).

47A Code of practice relating to health care associated infections

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47B Consultation etc.

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47C Effect of code under section 47A

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Chapter 3 NHS health care: functions of CHAI

Healthcare provided by and for NHS bodies

48 Introductory

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49 National performance data

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50 Annual reviews

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51 Reviews: England and Wales

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52 Reviews and investigations: England

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53 Failings

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53A Failings in connection with code under section 47A: improvement notices

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53B Code of practice: action by CHAI following service of improvement notice

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54 Functions relating to Secretary of State and Assembly

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55 Reviews of data

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56 Co-ordination of reviews

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Other functions

57 Studies as to economy, efficiency etc

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58 Additional functions

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Supplementary

59 Criteria

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60 Provision of material

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61 Co-operation between CHAI and the regulator

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62 Fees

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63 Fees: Wales

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64 Reports and information

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65 Co-operation between CHAI and the Audit Commission

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66 Right of entry

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67 Right of entry: supplementary

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68 Power to require documents and information etc

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69 Power to require explanation

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69A Provision of information by Auditor General for Wales

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Chapter 4 NHS health care: functions of National Assembly for Wales

Reviews and investigations

70 Reviews and investigations relating to Wales

(1) The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.

(2) The Assembly may in particular under this section conduct—

(a) a review of the overall provision of health care by and for Welsh NHS bodies;

(b) a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;

(3) The Assembly has the function of conducting reviews of the steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).

(3A) Before conducting a review under this section the Assembly must—

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales.

(4) In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with—

(a) the availability of, and access to, the health care;

(b) the quality and effectiveness of the health care;

(d) the availability and quality of information provided to the public about the health care;

(e) the need to safeguard and promote the rights and welfare of children; and

(f) the effectiveness of measures taken for the purpose specified in paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body,

and must take into account the standards set out in statements published under section 47.

(5) For the purposes of this section the Assembly may carry out an inspection of—

(a) any Welsh NHS body;

(b) any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere).

(6) Where the Assembly conducts a review under this section it must publish a report.

71 Reporting to Secretary of State and regulator

(1) The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, it is of the view that—

(a) there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;

(b) there are significant failings in the running of an English NHS body or cross-border SHA; or

(c) there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA.

(2) A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measures or request another person to take special measures in relation to—

(a) the English NHS body or cross-border SHA; and

(b) in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph.

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

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

(5) A report under this section must give the Assembly’s reasons for its view and for any recommendation made.

Ancillary powers

72 Right of entry

(1) A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect—

(a) any premises owned or controlled by a Welsh NHS body;

(b) any other premises used, or proposed to be used, for any purpose connected with—

(i) the provision of health care by or for a Welsh NHS body; or

(ii) the discharge of any of the functions of a Welsh NHS body.

(2) A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.

73 Right of entry: supplementary

(1) A person authorised by virtue of section 72 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—

(a) inspect, take copies of and remove from the premises any documents or records (including personal records);

(b) inspect any other item and remove it from the premises;

(i) any person working at the premises;

(ii) any person receiving health care there who consents to be interviewed; and

(d) make any other examination into the state and management of the premises and treatment of persons receiving health care there.

(2) The power in subsection (1)(a) includes—

(a) power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(3) A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) A person authorised by virtue of section 72 to enter and inspect any premises may—

(a) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 72 or this section; and

(b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 72 or this section, or

(b) fails to comply with any requirement of section 72 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

74 Power to require documents and information

(1) The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items—

(a) which relates or relate to—

(i) the provision of health care by or for a Welsh NHS body; or

(ii) the discharge of any of the functions of a Welsh NHS body; and

(b) which the Assembly considers it necessary or expedient to have for the purposes of this Chapter.

(2) The persons referred to in subsection (1) are—

(a) the Welsh NHS body;

(b) any person providing health care for, or exercising functions of, the Welsh NHS body;

(3) The power in subsection (1) to require the provision of records includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.

(4) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

75 Power to require explanation

(1) The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of—

(a) any documents, records or items inspected, copied or provided under sections 72 to 74,

(b) any information provided under those sections, or

in circumstances where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.

(2) Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.

(3) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Chapter 5 Social services: functions of CSCI

76 Introductory

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77 Information and advice

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78 Review of studies and research

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79 Annual reviews

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80 Other reviews and investigations

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81 Failings

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Other functions

82 Studies as to economy, efficiency etc

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83 Joint working with Audit Commission

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84 Additional functions

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Supplementary

85 Criteria

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86 Fees

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87 Reports and information

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88 Right of entry

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89 Right of entry: supplementary

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90 Power to require information etc

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91 Power to require explanation

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Chapter 6 Social services: functions of National Assembly for Wales

92 General function

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93 Reviews of studies and research

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94 Reviews and investigations

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95 Studies as to economy, efficiency etc

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96 Additional functions

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97 General considerations

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Ancillary powers

98 Right of entry

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99 Right of entry: supplementary

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100 Power to require information

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101 Power to require explanation

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Chapter 7 Functions under the Care Standards Act 2000

Functions of CHAI and CSCI

102 Transfer of functions to CHAI and CSCI

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103 General functions of CHAI

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104 General functions of CSCI

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105 Fees

(1) The Care Standards Act 2000 (c. 14) is amended as follows.

(2) After section 113 insert—

“ 113A Fees payable under Part 2

(1) The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.

(2) Provision under subsection (1) may include provision—

(a) for different amounts to be payable in different cases, or classes of case;

(b) for different amounts to be payable by persons of different descriptions.

(3) Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.

(4) No provision may be made under subsection (1) without the consent of the Secretary of State.

(5) If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).

(6) Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate. ”

(3) In section 12 (applications for registration), in subsection (2), for “a fee of the prescribed amount” substitute “ a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly. ”

(4) In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitute “ a fee of—

(a) the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or

(b) the prescribed amount, where the registration authority is the Assembly. ”

(5) In that section, in subsection (5)—

(a) for “subsection (3)” substitute “ subsection (3)(b) ” ; and

(b) for “the registration authority” substitute “ the Assembly ” .

(6) In section 16 (regulations about registration), for subsection (3) substitute—

“ (3) Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee—

(a) of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and

(b) of such amount as may be prescribed, where the registration authority is the Assembly. ”

(7) In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from “of a fee” to the end substitute “ , in respect of any notification required to be made by virtue of paragraph (h), of a fee of—

(i) such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or

(ii) the prescribed amount, where notification is made to the Assembly ” .

Miscellaneous

106 Meaning of “independent medical agency”

In section 2(5) of the Care Standards Act 2000 (c. 14) (an “ independent medical agency ” does not include an independent clinic), after “clinic” insert “ or an independent hospital ” .

107 Children’s homes providing secure accommodation

(1) In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in subsection (8)(a) (references to a description of establishment), after “children’s home” insert “ , a children’s home providing accommodation for the purpose of restricting liberty, ” .

(2) In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—

(a) omit paragraph (a), and

(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “ of restricting liberty ” .

108 Information and inspection

(1) Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.

(2) After subsection (1), insert—

“ (1A) The power under subsection (1) to require the provision of information includes—

(a) power to require the provision of copies of any documents or records (including medical and other personal records); and

(b) in relation to records kept by means of a computer, power to require the provision of the records in legible form. ”

(3) In subsection (3)—

(a) in paragraph (b), for “(other than medical records)” substitute “ (including medical and other personal records) ” ; and

(b) in paragraph (d), for “employed” substitute “ working ” .

(4) In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.

109 Assembly: duties relating to children

In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—

“ (6) The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a) its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and

(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England. ”

Chapter 8 Other functions of CSCI

110 Boarding schools and colleges

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111 Boarding schools and colleges: reports

In section 87 of the Children Act 1989, after subsection (9) insert—

“ (9A) Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, it must publish a report on whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.

(9B) Where the Commission or the National Assembly for Wales publishes a report under this section, it must—

(a) send a copy of the report to the school or college concerned; and

(b) make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate. ”

112 Secure training centres

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

Chapter 9 Complaints

113 Complaints about health care

(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a) the exercise of any of the functions of an English NHS body or a cross-border SHA (including any function that consists of exercising the function of another person) ;

(b) the provision of health care by or for such a body;

(c) the provision of services by such a body or any other person in pursuance of arrangements made by the body under ... section 33 of the National Health Service (Wales) Act 2006 in relation to the exercise of the health-related functions of a local authority.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a) the exercise of any of the functions of a Welsh NHS body;

(b) the provision of health care by or for a Welsh NHS body;

(c) the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority.

(d) the provision of redress by or for a Welsh NHS body under the NHS Redress (Wales) Measure 2008.

(3) Regulations under this section may provide for a complaint to be considered by one or more of the following—

(a) an NHS body;

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

(d) an independent panel established under the regulations;

(e) any other person or body.

(4) Regulations under this section may make provision for a complaint or any matter raised by a complaint—

(a) in the case of regulations under subsection (1), to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c. 46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act);

(aa) in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by him as a complaint duly referred to him under section 3(3) of that Act);

(b) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—

(a) the discharge by a local authority in England of any of its social services functions;

(b) the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;

(c) the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 in relation to the functions of an NHS body (within the meaning of that section).

(2) Regulations under this section may provide for a complaint to be considered by one or more of the following—

(a) the local authority in respect of whose functions the complaint is made;

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

(d) any other person or body.

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

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

(5) Regulations under this section may provide for a complaint or any matter raised by a complaint—

(a) ... to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) ... for him to consider whether to investigate the complaint or matter under that Part (and for the complaint to be treated as satisfying sections 26A and 26B of that Act) ;

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

(c) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

(6) Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).

115 Complaints regulations: supplementary

(1) Regulations under subsection (1) or (2) of section 113 or under subsection (1) ... of section 114 (“ the regulations ”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.

(2) The regulations may make provision about—

(a) the persons who may make a complaint;

(b) the complaints which may, or may not, be made under the regulations;

(d) complaints which need not be considered;

(e) the period within which complaints must be made;

(f) the procedure to be followed in making, handling and considering a complaint;

(g) matters which are excluded from consideration;

(h) the making of a report or recommendations about a complaint;

(i) the action to be taken as a result of the complaint.

(3) The regulations may require—

(a) the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made;

(b) any such payment to be—

(i) made to such person or body as may be specified in the regulations; and

(ii) of such amount as may be specified in, or calculated or determined under, the regulations;

(c) an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4) The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations.

(5) The regulations may also—

(a) provide for different parts or aspects of a complaint to be treated differently;

(b) require the production of information or documents in order to enable a complaint to be properly considered;

(i) who is considering a complaint under the regulations; or

(ii) to whom a complaint has been referred;

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.

(6) The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for—

(a) enabling such a complaint to be made under the regulations; and

(b) securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures;

and in this subsection “ statutory complaints procedures ” means procedures established by or under any enactment.

116 Further consideration of representations under the Children Act 1989

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

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

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

117 Representations relating to special guardianship support services

(1) In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—

“ (3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

(a) a child with respect to whom a special guardianship order is in force,

(b) a special guardian or a parent of such a child,

(c) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

(d) any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations. ”

(2) Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.

118 Complaints about handling of complaints

In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—

“ (1E) Where a complaint is duly made to a Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration. ”

119 Complaints: data protection

In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—

“ (6) Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function. ”

Chapter 10 Supplementary and general

Joint working

120 Co-operation etc

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

121 Reviews and investigations

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

122 Joint annual reviews

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

123 Power to assist

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

Arrangements with public authorities

124 Arrangements with Ministers etc: CHAI

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

125 Arrangements with Ministers etc: CSCI

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

126 Arrangements with the Isle of Man and Channel Islands: CHAI

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

127 Arrangements with the Isle of Man and Channel Islands: CSCI

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

Reports

128 Reports: CHAI

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

129 Reports: CSCI

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

Relationship with government

130 Duty to have regard to government policy: CHAI

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

131 Duty to have regard to government policy: CSCI

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

132 Failure in discharge of functions: CHAI

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

133 Failure in discharge of functions: CSCI

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

Inquiries

134 Inquiries: CHAI

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

135 Inquiries: CSCI

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

Information

136 Disclosure of information obtained by CHAI

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

137 Section 136: defence

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

138 Information obtained by CHAI: supplementary

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

139 Information obtained by CSCI: supplementary

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

140 Code of practice: CHAI

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

141 Code of practice: CSCI

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

Wales: supplementary

142 Annual reports of Assembly

As soon as possible after the end of each financial year of the Assembly, the Assembly must make and publish a report or reports on—

(a) what it has found during the year in the course of exercising—

(i) its functions under Chapter 4 ... of this Part (other than any function of making regulations);

(ii) its functions exercisable by virtue of section 5(1)(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);

(b) the way in which the Assembly has during the year exercised those functions.

143 Use by Welsh Ministers of information

(1) The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

(2) The functions of the Welsh Ministers referred to in subsection (1) are—

(a) their functions under Chapter 4 of this Part;

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

(d) their functions under section 80 of the Children Act 1989;

(e) their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

(f) any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3) References to functions in subsection (2) do not include functions of making regulations.

144 Inquiries: Wales

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

145 Co-operation between Assembly and CHAI

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

145A Duties in connection with the Auditor General for Wales

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

General

146 Offences by bodies corporate

(1) This section applies where any offence under this Part is committed by a body corporate.

(2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, or secretary of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a) to any other similar officer of the body; and

(b) where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.

147 Minor and consequential amendments

Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.

148 Interpretation of Part 2

In this Part—

...
...
“ cross-border SHA ” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
...
“ English local authority social service ” means—
(a)
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
(b)
a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;
(c)
a service which—
(i)
is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) or section 1 of the Localism Act 2011 ; and
(ii)
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006 .
“ English NHS body ” means—
(a)
...
(b)
...
(c)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
(ca)
NHS England ;
(cb)
an integrated care board;
(d)
an NHS foundation trust;
(e)
a Special Health Authority performing functions only or mainly in respect of England;
...
“ health care ” has the meaning given by section 45(2);
“ local authority ” —
(a)
in relation to England, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
(b)
in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014
...
“ NHS body ” means—
(a)
an English NHS body;
(b)
a Welsh NHS body;
(c)
a cross-border SHA;
“ NHS trust ” has the same meaning as in the 2006 Act ;
“ personal records ” includes medical records;
“ prescribed ” means prescribed by regulations made by—
(a)
the Secretary of State;
(b)
in the case of sections 63, 75 and 101, the Assembly;
“ regulator ” means the Independent Regulator of NHS Foundation Trusts;
“social services functions” in relation to —
(a)
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
(i)
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
(ii)
functions prescribed by regulations under section 135(1)(f) of that Act;
(b)
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;
“ Welsh local authority social service ” means—
(a)
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
(b)
a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;
(c)
a service which—
(i)
is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and
(ii)
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;
“ Welsh NHS body ” means—
(a)
a Local Health Board;
(b)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
(c)
a Special Health Authority performing functions only or mainly in respect of Wales.

Prospective

149 References to the provision of health care

(1) For the purposes of this Part, a person provides health care for another person if he provides it—

(a) at the direction of the other person;

(b) in accordance with, or by virtue of, an agreement or arrangements made by the other person (whether or not with the person providing the health care); or

(2) References in this section to the provision of health care include references to its provision jointly with another person.

Part 3 Recovery of NHS charges

NHS charges

150 Liability to pay NHS charges

(1) This section applies if—

(a) a person makes a compensation payment to or in respect of any other person (the “ injured person ”) in consequence of any injury, whether physical or psychological, suffered by the injured person, and

(b) the injured person has—

(i) received NHS treatment at a health service hospital as a result of the injury,

(ii) been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a health service hospital for NHS treatment (unless he was dead on arrival at that hospital), or

(iii) received treatment as mentioned in sub-paragraph (i) and been provided with ambulance services as mentioned in sub-paragraph (ii).

(2) The person making the compensation payment is liable to pay the relevant NHS charges—

(a) in respect of—

(i) the treatment, in so far as received at a hospital in England or Wales,

(ii) the ambulance services, in so far as provided to take the injured person to such a hospital,

to the Secretary of State,

(b) in respect of—

(i) the treatment, in so far as received at a hospital in Scotland,

(ii) the ambulance services, in so far as provided to take the injured person to such a hospital,

to the Scottish Ministers.

(3) “ Compensation payment ” means a payment, including a payment in money’s worth, made—

(a) by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or

(b) in pursuance of a compensation scheme for motor accidents,

but does not include a payment mentioned in Schedule 10.

(4) Subsection (1)(a) applies—

(a) to a payment made—

(i) voluntarily, or in pursuance of a court order or an agreement, or otherwise, and

(ii) in the United Kingdom or elsewhere, and

(b) if more than one payment is made, to each payment.

(5) “ Injury ” does not include any disease.

(6) Nothing in subsection (5) prevents this Part from applying to—

(a) treatment received as a result of any disease suffered by the injured person, or

(b) ambulance services provided as a result of any disease suffered by him,

if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).

(7) “ NHS treatment ” means any treatment (including any examination of the injured person) other than—

(a) treatment provided by virtue of—

(i) section 21(4) or 44(6) of the 2006 Act,

(ii) paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,

(iii) paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or

(iv) section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,

(accommodation and services for private patients)

(b) other treatment provided by an NHS foundation trust in pursuance of an undertaking to pay in respect of the treatment given by or on behalf of the injured person,

(c) treatment provided at a health service hospital by virtue of section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006 or section 64 of the 1978 Act (permission for use of national health service accommodation or facilities in private practice), or

(d) treatment provided by virtue of—

(i) section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006 (primary medical and dental services), or

(ii) section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services).

(8) In relation to any time before sections 170 and 172 come into force, the references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act are to be taken as a reference to section 35 of that Act (arrangements for general dental services).

(9) In relation to any time before sections 174 and 175 come into force, the references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are to be taken as a reference to section 29 of that Act (arrangements for general medical services).

(10) “ Relevant NHS charges ” means the amount (or amounts) specified in a certificate of NHS charges—

(a) issued under this Part, in respect of the injured person, to the person making the compensation payment, and

(b) in force.

(11) “ Compensation scheme for motor accidents ” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons.

(12) Regulations may amend Schedule 10 by omitting or modifying any payment for the time being specified in that Schedule.

(13) This section applies in relation to any injury which occurs after the date on which this section comes into force.

(14) For the purposes of this Part, it is irrelevant whether a compensation payment is made with or without an admission of liability.

Certificates of NHS charges

151 Applications for certificates of NHS charges

(1) Before a person makes a compensation payment in consequence of any injury suffered by an injured person, he may apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.

(2) If the Secretary of State receives or the Scottish Ministers receive an application under subsection (1), he or they must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).

(3) A certificate may provide that it is to remain in force—

(a) until a specified date,

(b) until the occurrence of a specified event, or

(4) A person may apply under subsection (1) for a fresh certificate from time to time.

(5) Subsection (2) does not require the Secretary of State or the Scottish Ministers to arrange for a fresh certificate to be issued to a person applying under subsection (4) if, when the application is received, a certificate issued to the applicant in respect of the injured person is still in force; but the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.

(6) If a certificate expires, the Secretary of State or the Scottish Ministers (as the case may be) may arrange for a fresh certificate to be issued without an application having to be made.

(7) In the circumstances mentioned in subsection (8), a person who has made a compensation payment in consequence of an injury suffered by an injured person must apply for a certificate to the Secretary of State, the Scottish Ministers or both, according to whether he believes the relevant NHS charges payable by him (if any) would be due to the Secretary of State, the Scottish Ministers or both.

(8) The circumstances are that—

(a) at the time the payment is made by the person—

(i) no certificate has been issued to him in respect of the injured person, or

(ii) if such a certificate has been issued to him, it is no longer in force, and

(b) no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.

(9) An application for a certificate must be made in the prescribed manner and, in the case of an application under subsection (7), within the prescribed period.

(10) On receiving an application under subsection (7), the Secretary of State or the Scottish Ministers must arrange for a certificate to be issued as soon as is reasonably practicable (subject to section 152).

(11) In this section and section 152, “ relevant NHS charges ” has the meaning given in section 150(10).

152 Section 151: supplementary

(1) Subsection (2) applies if—

(a) an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and

(b) it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due to the Scottish Ministers or the Secretary of State (respectively) instead.

(2) The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively), and the application is to be treated, for the purposes of this Part, as having been made to the Scottish Ministers or the Secretary of State (as the case may be).

(3) Subsection (4) applies if—

(a) an application is made under subsection (1) or (7) of section 151 to the Secretary of State or the Scottish Ministers, and

(b) it appears to the Secretary of State or the Scottish Ministers that the relevant NHS charges payable by the applicant (if any) would be due in part to him or them and in part to the Scottish Ministers or the Secretary of State (respectively).

(4) The Secretary of State or the Scottish Ministers (as the case may be) must refer the application to the Scottish Ministers or the Secretary of State (respectively) in so far as the application relates to relevant NHS charges due to them or him, and the application is to be treated, for the purposes of this Part, as having been made to the Secretary of State in so far as it relates to relevant NHS charges due to him under subsection (2) of section 150 and to the Scottish Ministers in so far as it relates to relevant NHS charges due to them under that subsection.

(5) A certificate may be issued under section 151 jointly by the Secretary of State and the Scottish Ministers specifying—

(a) an amount (or amounts) for which a person is liable under subsection (2) of section 150 to the Secretary of State, and

(b) an amount (or amounts) for which that person is liable under that subsection to the Scottish Ministers,

in respect of the same injured person in consequence of the same injury.

(6) In the case of a certificate issued under section 151 specifying an amount (or amounts) as mentioned in paragraphs (a) and (b) of subsection (5), references in the following provisions of this Part to a certificate are to be taken as being to the certificate in so far as it relates to the liability to the Secretary of State or in so far as it relates to the liability to the Scottish Ministers (as the case may require).

153 Information contained in certificates

(1) A certificate must specify the amount (or amounts) for which the person to whom it is issued is liable under section 150(2).

(2) The amount (or amounts) to be specified is (or are) to be that (or those) set out in, or determined in accordance with, regulations, reduced if applicable in accordance with subsection (3) or regulations under subsection (10).

(3) If a certificate relates to a claim made by or on behalf of an injured person—

(a) in respect of which a court in England and Wales or Scotland has ordered a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),

(b) in respect of which a court in Northern Ireland has ordered a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),

(c) in respect of which a court in a country other than England and Wales, Scotland or Northern Ireland has ordered a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,

(d) in respect of which an officer of a court in England and Wales or Northern Ireland has entered or sealed an agreed judgement or order which specifies—

(i) that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and

(ii) the amount or proportion by which they are to be so reduced,

(e) in the case of which the parties to any resulting action before a court in Scotland have executed a joint minute which specifies—

(i) that the action has been settled extra-judicially, and

(ii) the matters mentioned in paragraph (d)(i) and (ii),

(f) in respect of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—

(i) which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and

(ii) which specifies the matters mentioned in paragraph (d)(i) and (ii), or

(g) in the case of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—

(i) which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and

(ii) which specifies the matters mentioned in paragraph (d)(i) and (ii),

the amount (or amounts) specified in the certificate is (or are) to be that (or those) which would be so specified apart from this subsection, reduced by the same proportion as the reduction of damages.

(4) If a certificate relates to an injured person who has not received NHS treatment at a health service hospital or been provided with NHS ambulance services as a result of the injury, it must indicate that no amount is payable to the Secretary of State or the Scottish Ministers (as the case may be) by reference to that certificate.

(5) Regulations under subsection (2) may, in particular, provide—

(a) that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum,

(b) for different amounts to be specified in respect of different circumstances or areas,

(d) for cases in which an injured person receives treatment at one or more health service hospitals and is provided with NHS ambulance services,

(e) for cases in which liability under section 150(2) is to be apportioned between two or more persons making compensation payments to or in respect of the same injured person in consequence of the same injury,

(f) for cases in which a fresh certificate is issued or a certificate is revoked as a result of a review under or by virtue of section 156 or an appeal under section 157 or 159,

(g) for the amount specified in a certificate issued by the Secretary of State or the Scottish Ministers to be adjusted to take into account any amount for which the person to whom the certificate is issued is liable under section 150(2), in respect of the same injured person in consequence of the same injury, in accordance with a certificate issued by the Scottish Ministers or the Secretary of State (respectively),

(h) for any matter requiring determination under or in consequence of the regulations to be determined by the Secretary of State or the Scottish Ministers (as the case may require),

and in the case of paragraph (e) may make such provision by modifying this Part.

(6) Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified in a certificate is to the amount (or amounts) which would be so specified apart from subsection (3) or regulations under subsection (10).

(7) Regulations under subsection (2) which provide for cases mentioned in subsection (5)(e) may (among other things) provide in the case of each compensator for—

(a) determining, or re-determining, the amount for which he is liable under section 150(2),

(b) giving credit for amounts already paid, and

(8) Regulations under subsection (2) which provide for cases mentioned in subsection (5)(f) may (among other things) provide in the case of any compensator for the matters mentioned in paragraphs (b) and (c) of subsection (7).

(9) For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if—

(a) it is settled by mediation of a prescribed description , and

(b) the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.

(10) Regulations may make provision as to the circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim is (or are) to be that (or those) which would be so specified apart from the regulations, reduced by the same proportion as the reduction of damages.

(11) A person to whom a certificate is issued is entitled to such particulars of the manner in which any amount (or amounts) specified in the certificate has (or have) been determined as may be prescribed, if he applies to the Secretary of State or the Scottish Ministers (as the case may require) for those particulars.

(12) Regulations under subsection (2) may be made so as to apply to any certificate issued after the time the regulations come into force, other than one relating to a compensation payment made before that time.

Recovery of NHS charges

154 Payment of NHS charges

(1) If the certificate by reference to which an amount payable under section 150(2) is determined is issued before the settlement date, that amount must be paid before the end of the period of 14 days beginning with the settlement date.

(2) If the certificate by reference to which an amount payable under section 150(2) is determined is issued on or after the settlement date, that amount must be paid before the end of the period of 14 days beginning with the day on which the certificate is issued.

(3) “ Settlement date ” means the date on which the compensation payment is made.

(4) This section is subject to section 155(2).

155 Recovery of NHS charges

(1) This section applies if a person has made a compensation payment and either—

(a) subsection (7) of section 151 applies but he has not applied for a certificate as required by that subsection, or

(b) he has not made payment, in full, of any amount due under section 150(2) by the end of the period allowed under section 154.

(2) The Secretary of State, the Scottish Ministers or both, according to the circumstances of the case, may—

(a) in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and

(b) in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,

and, in either case, issue him with a demand that payment of any amount due under section 150(2) be made immediately.

(3) Subsections (5) and (6) of section 152 apply to certificates issued under subsection (2) above as they apply to certificates issued under section 151.

(4) A demand issued under subsection (2) may be issued jointly by the Secretary of State and the Scottish Ministers specifying—

(a) an amount due under subsection (2) of section 150 to the Secretary of State, and

(b) an amount due under that subsection to the Scottish Ministers,

in respect of the same injured person in consequence of the same injury.

(5) In the case of a demand specifying amounts as mentioned in subsection (4)(a) and (b), references in the following provisions of this section to a demand are to be taken as being (as the case may require) to—

(a) the demand in so far as it relates to any amount due to the Secretary of State, or

(b) the demand in so far as it relates to any amount due to the Scottish Ministers,

and related expressions are to be read accordingly.

(6) The Secretary of State or the Scottish Ministers may recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.

(7) If the person who made the compensation payment resides or carries on business in England or Wales and the county court so orders, the amount demanded is recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court.

(8) If the person who made the compensation payment resides or carries on business in Scotland, the demand may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(9) A document which states that it is a record of the amount recoverable under subsection (6) is conclusive evidence that the amount is so recoverable if it is signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be).

(10) For the purposes of subsection (9), a document purporting to be signed by a person authorised to do so by the Secretary of State or the Scottish Ministers (as the case may be) is to be treated as so signed unless the contrary is proved.

Review and appeal

156 Review of certificates

(1) The Secretary of State or the Scottish Ministers must review a certificate issued by him or them if the certificate relates to a claim made by or on behalf of an injured person—

(a) in respect of which, after the certificate is issued, a court in England and Wales or Scotland orders a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),

(b) in respect of which, after the certificate is issued, a court in Northern Ireland orders a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),

(c) in respect of which, after the certificate is issued, a court in a country other than England and Wales, Scotland or Northern Ireland orders a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945,

(d) in respect of which, after the certificate is issued, an officer of a court in England and Wales or Northern Ireland enters or seals an agreed judgement or order which specifies—

(i) that the damages are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and

(ii) the amount or proportion by which they are to be so reduced,

(e) in the case of which, after the certificate is issued, the parties to any resulting action before a court in Scotland execute a joint minute which specifies—

(i) that the action has been settled extra-judicially, and

(ii) the matters mentioned in paragraph (d)(i) and (ii),

(f) in respect of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—

(i) which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and

(ii) which specifies the matters mentioned in paragraph (d)(i) and (ii), or

(g) in the case of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland—

(ii) which specifies the matters mentioned in paragraph (d)(i) and (ii),

and notification of the order, judgement, minute or document has been given to the Secretary of State or the Scottish Ministers (as the case may be) in the prescribed manner.

(2) Regulations may make provision as to the circumstances in which the Secretary of State or the Scottish Ministers must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in section 153(9)).

(3) If—

(a) the Secretary of State and the Scottish Ministers have issued certificates to a person specifying an amount (or amounts) for which that person is liable under section 150(2) in respect of the same injured person in consequence of the same injury, and

(b) either the Secretary of State or the Scottish Ministers subsequently adjusts or adjust the amount (or amounts) specified in the certificate issued by him or them on a review of, or an appeal against, that certificate,

the other must review the certificate issued by him or them (as the case may be) if he is or they are satisfied that it is necessary or expedient to make consequential adjustments to that certificate.

(4) The Secretary of State or the Scottish Ministers may review a certificate issued by him or them—

(a) either within the prescribed period or in prescribed cases or circumstances, and

(b) either on application made for the purpose or on his or their initiative.

(5) On a review under or by virtue of this section, the Secretary of State or the Scottish Ministers may—

(a) confirm the certificate,

(b) issue a fresh certificate containing such variations as he considers or they consider appropriate, or

(6) But the Secretary of State or the Scottish Ministers may not vary a certificate so as to increase the amount, or the aggregate amount, specified unless it appears to him or them that the variation is required as a result of his or their having been supplied with incorrect or insufficient information by the person to whom the certificate is issued.

(7) Subsections (5) and (6) of section 152 apply to certificates issued under subsection (5)(b) above as they apply to certificates issued under section 151.

157 Appeal against a certificate or a waiver decision

(1) An appeal against a certificate may be made by the person to whom the certificate was issued on one or more of the following grounds—

(a) that an amount (or amounts) specified in the certificate is (or are) incorrect,

(b) that an amount (or amounts) so specified takes (or take) into account—

(i) treatment which is not NHS treatment received by the injured person, as a result of his injury, at a health service hospital,

(ii) ambulance services which are not NHS ambulance services provided to the injured person as a result of his injury, or

(iii) treatment as mentioned in sub-paragraph (i) and ambulance services as mentioned in sub-paragraph (ii),

(2) No appeal may be made until—

(a) the claim against the person to whom the certificate was issued, which gives rise to the compensation payment, has been finally disposed of, and

(b) payment of the amount (or amounts) specified in the certificate has been made to the Secretary of State or the Scottish Ministers (as the case may be), subject to subsection (4) and sections 158(6) and 159(5).

(3) For the purposes of subsection (2)(a), if an award of damages in respect of a claim has been made under or by virtue of—

(a) section 32A(2)(a) of the Senior Courts Act 1981 ,

(b) section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the Administration of Justice Act 1982 (c. 53), or

(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

(4) The Secretary of State or the Scottish Ministers may, on an application by the person to whom the certificate was issued, waive the requirement in subsection (2)(b) that payment of the amount (or amounts) specified in the certificate be made before making an appeal.

(5) The Secretary of State or the Scottish Ministers may only grant a waiver if it appears to him or them that payment of the amount (or amounts) specified in the certificate would cause exceptional financial hardship.

(6) An appeal against a decision of the Secretary of State or the Scottish Ministers on an application under subsection (4) (referred to in this section and section 158 as a “ waiver decision ”) may be made by the person to whom the certificate was issued.

(7) Regulations may make provision—

(a) as to the manner in which, and the time within which, an appeal against a certificate or waiver decision may be made,

(b) as to the procedure to be followed if an appeal against a certificate or waiver decision is made,

(d) for the purpose of enabling an appeal against a certificate to be treated as an application for a review under section 156.

158 Appeal tribunals

(1) The Secretary of State or the Scottish Ministers must refer to the First-tier Tribunal an appeal against—

(a) a certificate, or

(b) a waiver decision.

(2) In determining an appeal against a certificate, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury in question.

(3) On an appeal against a certificate, the tribunal may—

(a) confirm the amount or amounts specified in the certificate,

(b) specify any variations which are to be made on the issue of a fresh certificate under subsection (4), or

(4) When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of a tribunal on an appeal against a certificate, he or they must in accordance with that decision—

(a) confirm the certificate,

(b) issue a fresh certificate, or

(5) Subsections (5) and (6) of section 152 apply to certificates issued under subsection (4)(b) above as they apply to certificates issued under section 151.

(6) On an appeal against a waiver decision, the tribunal may—

(a) confirm the decision, or

(b) waive the requirement in question.

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

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

Information

160 Provision of information

(1) If compensation is sought in consequence of any injury suffered by an injured person, such information with respect to the circumstances of the case as may be prescribed must be given by the following persons to the Secretary of State or the Scottish Ministers (as the case may require)—

(a) the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,

(b) the injured person or, if the injured person has died, his personal representative,

(d) if the claim is not made by the injured person, the person by whom it is made,

(e) anyone acting on behalf of the person within any of paragraphs (b) to (d),

(f) the responsible body of each health service hospital at which the injured person has received NHS treatment as a result of his injury,

(g) any ambulance trust which provided NHS ambulance services as a result of his injury.

(h) if the injured person received NHS treatment pursuant to arrangements made by an integrated care board under section 3 or 3A of the National Health Service Act 2006, the integrated care board .

(2) A person who is required to give information under this section must do so—

(a) in the prescribed manner, and

(b) within the prescribed period.

(3) Regulations under this section may, in particular, require the provision of information about any NHS treatment which an injured person has received at a health service hospital and any NHS ambulance services provided to the injured person.

(4) In this section—

“ ambulance trust ”—
(a)
in relation to England or Wales, means—
(i)
a National Health Service trust established under section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 , or
(ii)
an NHS foundation trust,
(b)
in relation to Scotland, means a Special Health Board established under section 2(1)(b) of the 1978 Act;
“ responsible body ”, in relation to a health service hospital, means—
(a)
in the case of a hospital vested in—
(i)
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, ...
(ii)
...
the trust, and
(b)
in any other case, the body responsible for the management of the hospital.

161 Use of information held by the Secretary of State or the Scottish Ministers etc.

(1) Subsection (2) applies to information which is held—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State in connection with the provision of those services,

for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27).

(2) The information may—

(a) be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part, and

(b) be supplied to a qualifying person for use for those purposes.

(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

162 Payment of NHS charges to hospitals or ambulance trusts

(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 ”—
(a)
in relation to England or Wales, means—
(i)
the National Health Service trust established under section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006 , or
(ii)
the 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,
(b)
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

163 Regulations governing lump sums, periodical payments etc

(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.

164 Liability of insurers

(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

(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.

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

(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.

166 The Crown

This Part binds the Crown.

167 Regulations

(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.

168 Interpretation of Part 3

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.

169 Consequential and minor repeals

(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

170 Provision of primary dental services

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

171 Dental public health

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

172 General dental services contracts

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

173 General dental services: transitional

(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—
(a)
the Secretary of State, in relation to England; and
(b)
the 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

174 Provision of primary medical services

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

175 General medical services contracts

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

176 General medical services: transitional

(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.

(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—
(a)
the Secretary of State, in relation to England; and
(b)
the 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

177 Arrangements under section 28C of the 1977 Act

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

178 Abolition of pilot schemes

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

179 Persons performing primary medical and dental services

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

180 Assistance and support

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

Dental services: miscellaneous

181 Abolition of Dental Practice Board

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

182 Special Health Authorities

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

183 Charges for dental services

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

General

184 Minor and consequential amendments

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

Part 5 Miscellaneous

Welfare Food Schemes

185 Replacement of the Welfare Food Schemes: Great Britain

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

“ 13 Benefits under schemes for improving nutrition: pregnant women, mothers and children

(1) Regulations may establish one or more schemes to provide benefits for prescribed descriptions of—

(a) pregnant women,

(b) mothers, and

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;

(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;

(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).

186 Replacement of the Welfare Food Schemes: Northern Ireland

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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

189 Validity of clearance for employment in certain NHS posts

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

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

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

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

Public Health Laboratory Service Board

190 Abolition of Public Health Laboratory Service Board

(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

Prospective

191 Loans by Secretary of State to NHS trusts

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

192 Amendment of provision relating to reform of Welsh health authorities

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

Part 6 Final provisions

193 Financial provisions

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.

194 Interpretation

In this Act—

“ the 2006 Act ” means the National Health Service Act 2006 ;
“ the Assembly ” means the National Assembly for Wales.

195 Orders and regulations

(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

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.

196 Repeals and revocations

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

197 Wales

(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.

198 Isles of Scilly

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.

199 Commencement

(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;

(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.

200 Transitional or transitory provision and savings

(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.

201 Supplementary and consequential provision

(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.

(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.

202 Extent

(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);

(d) this Part.

(4) The following provisions also extend to Northern Ireland—

(a) sections 124 and 125;

(b) section 186;

(d) this Part.

203 Short title

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

SCHEDULES

Section 1

SCHEDULE 1 Constitution of public benefit corporations

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

Section 2

SCHEDULE 2 Independent Regulator of NHS Foundation Trusts

Membership

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of office

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and pensions

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

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

Delegation of functions

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers

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

Specific powers

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance

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

Reports and other information

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

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

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and evidence

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments

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

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

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 25

SCHEDULE 3 Transfer of staff

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

Section 34

SCHEDULE 4 Amendments relating to NHS foundation trusts

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

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service Act 1977 (c. 49)

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) ” ,

“ (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 Application of Act to NHS foundation trusts

(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. ”

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; ” .

Section 38

SCHEDULE 5 Audit of accounts of NHS foundation trusts

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

Section 41(2)

SCHEDULE 6 CHAI: supplementary

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

Section 42(2)

SCHEDULE 7 CSCI: supplementary

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

Section 43

SCHEDULE 8 CHAI and CSCI: transfers of property and staff, etc

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

Section 147

SCHEDULE 9 Part 2: minor and consequential amendments

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. ”

Prospective

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);

(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);

(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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 150

SCHEDULE 10 Recovery of NHS charges: exempted payments

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

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

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.

Section 184

SCHEDULE 11 Part 4: minor and consequential amendments

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,”.