Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

(The document as of February, 2008)

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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) In subsection (3), for the words from "section 7" to "Commission" substitute "section 5A or 5B is exercisable by the CHAI or the CSCI".

(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 In section 45(4)--

(a) omit "Subject to section 47(6)";

(b) for "the Commission" substitute "the CSCI"; and

(c) at the end insert "; and an inspection under this section shall be regarded for all purposes as undertaken under section 80 of the Health and Social Care (Community Health and Standards) Act 2003".

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 In section 99 of the Adoption and Children Act 2002, for "the National Care Standards Commission" substitute "the Commission for Social Care Inspection".

Section 150

SCHEDULE 10 Recovery of NHS charges: exempted payments

1 Any payment made to or for the injured person under--

(a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (compensation orders against convicted persons),

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

(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).

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 4 of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, or

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.

(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 section 1 of the Damages (Scotland) Act 1976 (c. 13).

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,".

National Health Service Act 1977 (c. 49)

7 The 1977 Act has effect subject to the following amendments.

8 In section 3, at the end insert--

" (4) For the purposes of the duty in subsection (1), services provided under--

(a) section 16CA(2) or 16CC(2) below, or

(b) a general medical services contract or a general dental services contract,

are to be regarded as provided by the Secretary of State. "

9 In section 15(1)(a), for "general medical services, general dental services" substitute "primary medical services, primary dental services".

10 In section 16BB(4), at the end insert "(including functions under sections 16CA to 16CC below)".

11 In section 16BC(1), at the end insert "or sections 16CA to 16CC below".

12 In section 18A(3)--

(a) in paragraph (a), omit "general medical, general dental,"; and

(b) for paragraph (b) substitute--

" (b) providing or performing primary medical services or primary dental services under this Part, " .

13 (1) Section 26 is amended as follows.

(2) In subsection (2) (as substituted by the National Health Service (Primary Care) Act 1997)--

(a) in paragraph (a), omit "general medical services, general dental services";

(b) for paragraph (b) substitute--

" (b) providing services under a general medical services contract or a general dental services contract or in accordance with section 28C arrangements, " .

(3) In subsection (4)--

(a) in paragraph (a), omit "general medical services, general dental services";

(b) for paragraph (aa) substitute--

" (aa) persons performing services under a general medical services contract or a general dental services contract or in accordance with section 28C arrangements " .

14 In section 28C(1)(a) and (b), (2)(a) and (b) and (4), for "personal", in all places, substitute "primary".

15 (1) Section 28D is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), at the end insert "or NHS foundation trust";

(b) in paragraph (d), for "or a section 17C employee" substitute ", a section 17C employee or an Article 15B employee";

(3) In subsection (2), after the definition of "the 1978 Act" insert--

" "Article 15B arrangements" means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

"Article 15B employee" means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing or performing those services; " .

(4) In subsection (2), in the definition of "qualifying body"--

(a) in paragraph (a), for "(c)" substitute "(ba), (bb), (bc)";

(b) in paragraph (b), for "personal" substitute "primary".

16 In section 28EE(2), for "personal" substitute "primary".

17 In section 28I(a), for the words from "personal medical services" to "arrangements" substitute "primary medical services or primary dental services under this Part".

18 (1) Section 41(1) is amended as follows.

(2) In paragraph (b), after "medicines" insert "and listed appliances".

(3) In paragraph (c)--

(a) after "medicines" insert "and listed appliances";

(b) for "general dental services" substitute "primary dental services".

19 In section 43(1), for "general medical services or general dental services" substitute "primary medical services or primary dental services under Part 1 above".

20 In section 43D(10)--

(a) omit paragraphs (a) and (b);

(b) for the words from "paragraphs" to "a services list prepared by" substitute "paragraphs (c) to (e), a supplementary list, a list under section 28X or a list corresponding to a list under section 28X prepared by".

21 (1) Section 44 is amended as follows.

(2) In the side-note, for "local representative committees" substitute "Local Optical Committees and Local Pharmaceutical Committees".

(3) Omit subsections (ZA1) to (B1).

(4) In subsection (1)--

(a) for the words from "a Health Authority" to "their area" substitute "a Local Health Board is satisfied that a committee formed for its area, or for its area and that of one or more other Local Health Boards";

(b) for "the Health Authority" substitute "the Local Health Board".

(5) Omit subsections (3)(a) to (d) and (5).

22 (1) Section 45 is amended as follows.

(2) In the side-note, for "local representative committees" substitute "Local Optical Committees and Local Pharmaceutical Committees".

(3) In subsection (1)--

(a) for "Health Authorities" substitute "Local Health Boards";

(b) omit paragraph (b).

(4) In subsection (1ZA), omit paragraph (b) and the preceding "or".

(5) In subsection (1A)--

(a) omit "Strategic Health Authority";

(b) for "Health Authority" substitute "Local Health Board".

(6) In subsection (1C), for the words from "an area" to the end substitute "an area under subsection (B2)(b)(ii) of section 44 above shall, in respect of each year, determine the amount of its administrative expenses for that year attributable to the persons providing local pharmaceutical services in the Primary Care Trust's area".

(7) In subsection (2), for "Health Authority", in both places, substitute "Local Health Board".

(8) In subsection (3)--

(a) for "Health Authority", in both places, substitute "Local Health Board";

(b) omit "general medical services, general dental services,".

(9) In subsection (4), for the words from "deputy medical practitioners" to "as the case may be" substitute "persons providing local pharmaceutical services".

23 After section 45 insert--

" 45A Local Medical Committees

(1) A Primary Care Trust may recognise a committee formed for its area, or for its area and that of one or more other Primary Care Trusts, which it is satisfied is representative of--

(a) the persons to whom subsection (3) applies; and

(b) the persons to whom subsection (4) applies.

(2) A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards, which it is satisfied is representative of--

(a) the persons to whom subsection (3) applies; and

(b) the persons to whom subsection (4) applies.

(3) This subsection applies to--

(a) every medical practitioner who, under a general medical services contract entered into by him, is providing primary medical services in the area for which the committee is formed; and

(b) every medical practitioner who is providing general ophthalmic services in that area.

(4) This subsection applies to every other medical practitioner--

(a) who is performing primary medical services in the area for which the committee is formed--

(i) pursuant to section 16CC(2)(a) above;

(ii) in accordance with section 28C arrangements; or

(iii) under a general medical services contract; and

(b) who has notified the Primary Care Trust or Local Health Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(5) A committee recognised under this section shall be called the Local Medical Committee for the area for which it is formed.

(6) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

(7) Regulations may require a Primary Care Trust or Local Health Board, in the exercise of its functions relating to primary medical services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.

(8) Regulations may require a Strategic Health Authority, in the exercise of any of its functions which relate to section 28C arrangements for the provision of primary medical services, to consult, on such occasions and to such extent as may be prescribed, any committee--

(a) which is recognised by a Primary Care Trust under this section for the area where the services are (or are to be) provided under those arrangements; and

(b) which is representative of persons providing or performing those services under those arrangements.

(9) A committee recognised under this section shall have such other functions as may be prescribed.

(10) A committee recognised under this section shall in respect of each year determine--

(a) the amount of its administrative expenses for that year attributable to persons of whom its is representative under subsection (1)(a) or (2)(a); and

(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b) or (2)(b).

(11) A Primary Care Trust or Local Health Board may--

(a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (10)(a) as it may determine; and

(b) deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) or (2)(a) under the general medical services contracts, or arrangements under section 38 above, entered into by them with the Trust or Board.

(12) A committee recognised under this section shall apportion the amount determined by it under subsection (10)(b) among the persons of whom it is representative under subsection (1)(b) or (2)(b); and each such person shall pay in accordance with the committee's directions the amount so apportioned to him.

(13) References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members.

45B Local Dental Committees

(1) A Primary Care Trust may recognise a committee formed for its area, or for its area and that of one or more other Primary Care Trusts, which it is satisfied is representative of--

(a) the persons to whom subsection (3) applies; and

(b) the persons to whom subsection (4) applies.

(2) A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards, which it is satisfied is representative of--

(a) the persons to whom subsection (3) applies; and

(b) the persons to whom subsection (4) applies.

(3) This subsection applies to every dental practitioner who, under a general dental services contract entered into by him, is providing primary dental services in the area for which the committee is formed.

(4) This subsection applies to every other dental practitioner--

(a) who is performing primary dental services in the area for which the committee is formed--

(i) under section 16CA(2) above;

(ii) in accordance with section 28C arrangements; or

(iii) under a general dental services contract; and

(b) who has notified the Primary Care Trust that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(5) A committee recognised under this section shall be called the Local Dental Committee for the area for which it is formed.

(6) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

(7) Regulations may require a Primary Care Trust or Local Health Board, in the exercise of its functions relating to primary dental services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.

(8) Regulations may require a Strategic Health Authority, in the exercise of any of its functions which relate to section 28C arrangements for the provision of primary dental services, to consult, on such occasions and to such extent as may be prescribed, any committee--

(a) which is recognised by a Primary Care Trust under this section for the area where the services are (or are to be) provided under those arrangements; and

(b) which is representative of persons providing or performing those services under those arrangements.

(9) A committee recognised under this section shall have such other functions as may be prescribed.

(10) A committee recognised under this section shall in respect of each year determine--

(a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a) or (2)(a); and

(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b) or (2)(b).

(11) A Primary Care Trust or Local Health Board may--

(a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (10)(a) as it may determine; and

(b) deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) or (2)(a) under the general dental services contracts entered into by them with the Trust or Board.

(13) References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members. "

24 In section 49N(1)--

(a) in paragraph (a), for "49F(1)(a) to (e)" substitute "49F(1)";

(b) in paragraph (c), for the words from the beginning to "a services list" substitute "all lists under section 28X above, or any list corresponding to a list under that section".

25 Section 53 (immunisation) shall cease to have effect.

26 (1) Section 54 (as substituted by the National Health Service (Primary Care) Act 1997) is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), after "1973 or" insert "(prior to its repeal) section 29 of";

(b) in paragraph (b), at the end insert "(prior to the coming into force of section 16CC above)";

(c) provided or performed primary medical services in accordance with section 28C arrangements, arrangements under section 16CC(2)(b) above or under a general medical services contract--

(i) in prescribed circumstances, or

(ii) if regulations so provide, in all circumstances, " .

(3) In subsection (2), in the definition of "relevant area"--

(a) after "Primary Care Trust", in both places, insert ", Local Health Board";

(b) after "by arrangement" insert "or contract";

27 (1) Section 72 is amended as follows.

(2) In subsection (5), at the end insert " and

(d) persons providing primary medical services or primary dental services under a general medical services contract or a general dental services contract or in accordance with section 28C arrangements " .

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