Health and Social Care Act 2001 (c. 15)

(The document as of February, 2008)

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

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

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

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

to enter into a deferred payment agreement with the resident.

(3) A "deferred payment agreement" is an agreement whereby--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

56 Cross-border placements

(1) Regulations may make provision for and in connection with authorising a local authority to make arrangements under section 21 of the 1948 Act for a person to be provided with residential accommodation in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man.

(2) Regulations under this section may, in particular, make provision--

(a) specifying conditions which must be satisfied before a local authority make any arrangements in pursuance of the regulations in respect of a person;

(b) for the application of provisions of the 1948 Act in relation to--

(i) any such arrangements, or

(ii) the person in respect of whom any such arrangements are made,

with or without modifications.

Direct payments

57 Direct payments

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

(2) A person falls within this subsection if a local authority ("the responsible authority") have decided--

(a) under section 47 of the 1990 Act (assessment by local authorities of needs for community care services) that his needs call for the provision by them of a particular community care service (within the meaning of section 46 of that Act), or

(b) under section 2(1) of the Carers and Disabled Children Act 2000 (c. 16) (services for carers) to provide him with a particular service under that Act.

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

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

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

(i) the payee's means, and

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

as may be prescribed;

(d) as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);

(e) specifying circumstances in which the responsible authority--

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

(ii) may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;

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

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

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

(4) For the purposes of subsection (3)(b) "gross payments" means payments--

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

(b) which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.

(5) For the purposes of subsection (3)(b) "net payments" means payments--

(a) which are made on the basis that the payee will himself pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and

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

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

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

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

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

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

58 Direct payments in respect of children

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

" 17A Direct payments

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

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

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

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

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

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

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

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

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

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

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

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

(6) In this section--

"the 2001 Act" means the Health and Social Care Act 2001;
"disabled" in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;
"prescribed" means specified in or determined in accordance with regulations under this section (and has the same meaning in the provisions of the 2001 Act mentioned in subsection (3) as they apply by virtue of that subsection). "

Supplementary

59 Interpretation of Part 4

(1) In this Part--

"the 1948 Act" means the National Assistance Act 1948 (c. 29);
"the 1968 Act" means the Social Work (Scotland) Act 1968 (c. 49);
"community care services"--
(a)
in relation to England or Wales, has the meaning given by section 46(3) of the 1990 Act (local authority plans for community care services);
(b)
in relation to Scotland, has the same meaning as in the 1968 Act;
"local authority"--
(a)
in relation to England or Wales, has the meaning given by section 46(3) of the 1990 Act;
(b)
in relation to Scotland, has the same meaning as in the 1968 Act;
"Part 3 accommodation" means (in accordance with section 54(3)) accommodation provided under sections 21 to 26 of the 1948 Act.

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

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

Part 5 Miscellaneous and supplementary

Patient information

60 Control of patient information

(1) The Secretary of State may by regulations make such provision for and in connection with requiring or regulating the processing of prescribed patient information for medical purposes as he considers necessary or expedient--

(a) in the interests of improving patient care, or

(b) in the public interest.

This subsection and subsection (2) have effect subject to subsections (3) to (6).

(2) Regulations under subsection (1) may, in particular, make provision--

(a) for requiring prescribed communications of any nature which contain patient information to be disclosed by health service bodies in prescribed circumstances--

(i) to the person to whom the information relates,

(ii) (where it relates to more than one person) to the person to whom it principally relates, or

(iii) to a prescribed person on behalf of any such person as is mentioned in sub-paragraph (i) or (ii),

in such manner as may be prescribed;

(b) for requiring or authorising the disclosure or other processing of prescribed patient information to or by persons of any prescribed description subject to compliance with any prescribed conditions (including conditions requiring prescribed undertakings to be obtained from such persons as to the processing of such information);

(c) for securing that, where prescribed patient information is processed by a person in accordance with the regulations, anything done by him in so processing the information shall be taken to be lawfully done despite any obligation of confidence owed by him in respect of it;

(d) for creating offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such other level as is prescribed or for creating other procedures for enforcing any provisions of the regulations.

(3) Regulations under subsection (1) may not make provision requiring the processing of confidential patient information for any purpose if it would be reasonably practicable to achieve that purpose otherwise than pursuant to such regulations, having regard to the cost of and the technology available for achieving that purpose.

(4) Where regulations under subsection (1) make provision requiring the processing of prescribed confidential patient information, then the Secretary of State--

(a) shall, at any time within the period of one month beginning on each anniversary of the making of such regulations, consider whether any such provision could be included in regulations made at that time without contravening subsection (3), and

(b) if he determines that any such provision could not be so included, shall make further regulations varying or revoking the regulations made under subsection (1) to such extent as he considers necessary in order for the regulations to comply with that subsection.

(5) Regulations under subsection (1) may not make provision for requiring the processing of confidential patient information solely or principally for the purpose of determining the care and treatment to be given to particular individuals.

(6) Without prejudice to the operation of provisions made under subsection (2)(c), regulations under this section may not make provision for or in connection with the processing of prescribed patient information in a manner inconsistent with any provision made by or under the Data Protection Act 1998 (c. 29).

(7) Before making any regulations under this section the Secretary of State shall, to such extent as he considers appropriate in the light of the requirements of section 61, consult such bodies appearing to him to represent the interests of those likely to be affected by the regulations as he considers appropriate.

(8) In this section "patient information" means--

(a) information (however recorded) which relates to the physical or mental health or condition of an individual, to the diagnosis of his condition or to his care or treatment, and

(b) information (however recorded) which is to any extent derived, directly or indirectly, from such information,

whether the identity of the individual in question is ascertainable from the information or not.

(9) For the purposes of this section, patient information is "confidential patient information" where--

(a) the identity of the individual in question is ascertainable--

(i) from that information, or

(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person processing that information, and

(b) that information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.

(10) In this section--

"the health service" has the same meaning as in the 1977 Act;
"health service body" means any body (including a government department) or person engaged in the provision of the health service that is prescribed, or of a description prescribed, for the purposes of this definition;
"medical purposes" means the purposes of any of the following--
(a)
preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services, and
(b)
informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care or treatment;
"prescribed" means specified in, or determined in accordance with, regulations made by the Secretary of State under this section;
"processing", in relation to information, means the use, disclosure or obtaining of the information or the doing of such other things in relation to it as may be prescribed for the purposes of this definition.

61 Patient Information Advisory Group

(1) For the purposes of subsections (2) and (3), the Secretary of State shall, as soon as reasonably practicable after the passing of this Act, by regulations establish a committee to be known as the Patient Information Advisory Group ("the Advisory Group").

(2) Before laying before Parliament a draft of any statutory instrument containing regulations under section 60(1), or making any regulations pursuant to section 60(4)(b), the Secretary of State shall seek and have regard to the views of the Advisory Group on the proposed regulations.

(3) The Secretary of State may seek the views of the Advisory Group on such other matters connected with the processing of patient information or of any information (other than patient information) obtained or generated in the course of the provision of the health service as he considers appropriate.

(4) Regulations under subsection (1) may, in particular, make provision as to--

(a) the persons or bodies who are to be represented by members of the Advisory Group,

(b) the terms of appointment of members,

(d) the payment by the Secretary of State of--

(i) such expenses incurred by the Advisory Group, and

(ii) such allowances in respect of expenses incurred by members of the Advisory Group,

as he may determine.

(5) The Secretary of State shall publish, in such manner as he considers appropriate, any views which he receives from the Advisory Group pursuant to subsection (2).

(6) In this section "the health service", "patient information" and "processing" have the same meaning as they have for the purposes of section 60.

Services for disabled people

62 Reports to Parliament on services for disabled people

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

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

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

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

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

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

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

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

" (2) In this section--

"health service hospital" has the same meaning as in the 1978 Act, except that it does not include a State hospital;
"learning disability" means a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning. "

Prescribing rights

63 Extension of prescribing rights

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

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

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

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

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

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

(b) persons who are pharmacists;

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

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

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

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

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

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

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

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

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

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

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

(b) administer any such medicinal product; or

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

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

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

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

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

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

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

(1B) Any person who--

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

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

shall be guilty of an offence. " ;

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

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

Supplementary

64 Regulations and orders

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

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

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

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

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

(3) This subsection applies to any regulations under section 60 (except where they are made pursuant to section 60(4)(b)); and no such regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

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

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

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

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

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

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

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

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

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

(8) Any such power includes power--

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

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

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

65 Supplementary and consequential provision etc

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

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

(b) such transitory, transitional or saving provision,

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

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

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

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

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

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

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

66 Interpretation

In this Act (unless the context otherwise requires)--

"the 1977 Act" means the National Health Service Act 1977 (c. 49);
"the 1990 Act" means the National Health Service and Community Care Act 1990 (c. 19);
"NHS trust" has the same meaning as in the 1977 Act;
"regulations" means regulations made by the relevant authority;
"the relevant authority" means--
(a)
in relation to England, the Secretary of State,
(b)
in relation to Wales, the National Assembly for Wales, and
(c)
in relation to Scotland (in connection with regulations under section 50), the Scottish Ministers.

67 Minor and consequential amendments and repeals

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

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

68 Powers of National Assembly for Wales under amended Acts

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to the Act as so amended.

(2) But for the purpose of so construing the reference in that Schedule to the 1977 Act the amendments made by this Act do not include those made by section 27 above.

(3) The reference in that Schedule to the 1977 Act shall also be treated as referring to that Act as amended by sections 12(1) and 13(1) of the Government Resources and Accounts Act 2000 (c. 20) (but subject to the further amendments made by section 1 above).

(4) Neither of subsections (1) and (3) affects the power to make further Orders varying or omitting any such reference as is mentioned in that subsection.

69 Financial provisions

There shall be paid out of money provided by Parliament--

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

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

70 Short title, commencement and extent

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

(2) With the exception of--

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