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

(The document as of February, 2008)

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(1) The CSCI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.

(2) The code must in particular make provision about the CSCI's obtaining, handling, use and disclosure of confidential personal information.

(3) Before publishing the code, the CSCI must consult such persons as it considers appropriate.

(4) The CSCI must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).

(5) For the purposes of this section "confidential personal information" means information which--

(a) is obtained by the CSCI on terms or in circumstances requiring it to be held in confidence; and

(b) relates to and identifies an individual.

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 and 6 of this Part (other than any function of making regulations);

(ii) its functions exercisable by virtue of section 5(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 Assembly of information

(1) The Assembly may use any information it obtains, or documents produced to it, in the course of exercising any function of the Assembly referred to in any paragraph of subsection (2) for the purposes of any function of the Assembly referred to in any other paragraph of that subsection.

(2) The functions of the Assembly referred to in subsection (1) are--

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

(b) its functions under Chapter 6 of this Part;

(d) its functions under section 80 of the Children Act 1989 (c. 41).

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

144 Inquiries: Wales

(1) This section applies where, under section 35 of the Government of Wales Act 1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant to the exercise of--

(a) its functions under Chapter 4 or 6 of this Part (other than any function of making regulations);

(b) its functions under section 87 of the Children Act 1989.

(2) Before an inquiry is begun, the Assembly may give a direction that it be held in private.

(3) Where no such direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(4) The report of the person holding the inquiry is to be published, unless the Assembly considers that there are exceptional circumstances which make publication inappropriate.

(5) Publication under subsection (4) is to be in such manner as the Assembly considers appropriate.

145 Co-operation between Assembly and CHAI

(1) The Assembly and the CHAI must co-operate with each other for the efficient and effective discharge of any relevant function.

(2) For the purposes of subsection (1), a relevant function is--

(a) any function of the CHAI under Chapter 3 of this Part;

(b) any function of the Assembly under Chapter 4 or 6 of this Part (other than any function of making regulations);

(d) any function of the Assembly exercisable by virtue of section 5(b) or 8(1) to (3) of the Care Standards Act 2000.

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--

"Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
"the CHAI" means the Commission for Healthcare Audit and Inspection;
"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;
"the CSCI" means the Commission for Social Care Inspection;
"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); 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.
"English NHS body" means--
(a)
a Primary Care Trust;
(b)
a Strategic Health Authority;
(c)
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
(d)
an NHS foundation trust;
(e)
a Special Health Authority performing functions only or mainly in respect of England;
"financial year", in relation to the CHAI or the CSCI, means--
(a)
the period beginning with the date on which that body is established and ending with the next 31st March following that date; and
(b)
each successive period of twelve months ending with 31st March;
"health care" has the meaning given by section 45(2);
"local authority" has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
"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 Part 1 of the 1977 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" has the same meaning as in the Local Authority Social Services Act 1970;
"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.

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 section 18A(4) or 65 of the 1977 Act, section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990 (c. 19) (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 72 of the 1977 Act 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 16CA, 16CC, 28C, 28K or 28Q of the 1977 Act (primary medical and dental services), or

(ii) section 17C, 19 or 25 of the 1978 Act (personal or general medical or 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,

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