Health and Social Care (Community Health and Standards) Act 2003
Health and Social Care (Community Health and Standards) Act 2003 (2003 c. 43)
- Health and Social Care (Community Health and Standards) Act 2003 (2003 c. 43)
- Part 1 NHS foundation trusts
- Introductory
- 1 NHS foundation trusts
- 2 Independent Regulator of NHS Foundation Trusts
- 3 General duty of regulator
- Authorisation
- 4 Applications by NHS trusts
- 5 Other applications
- 6 Authorisation of NHS foundation trusts
- 7 Effect of authorisation
- 8 Amendments of constitution
- 9 Variation of authorisation
- 10 Register of NHS foundation trusts
- Financial matters
- 11 Power of Secretary of State to give financial assistance
- 12 Prudential borrowing code
- 13 Public dividend capital
- Functions
- 14 Authorised services
- 15 Private health care
- 16 Protection of property
- 17 Financial powers
- 18 General powers
- 19 Information
- 20 Entry and inspection of premises
- 21 Fees
- 22 Trust funds and trustees
- Failure
- 23 Failing NHS foundation trusts
- 24 Voluntary arrangements
- 25 Dissolution etc.
- 26 Sections 24 and 25: supplementary
- Mergers
- 27 Mergers
- 28 Section 27: supplementary
- Co-operation
- 29 Co-operation between NHS bodies
- Patient and public involvement
- 30 Public involvement and consultation
- 31 Patients' Forums
- 32 Commission for Patient and Public Involvement in Health
- Miscellaneous
- 33 Taxation
- 34 Other amendments relating to NHS foundation trusts
- 35 Conduct of elections
- 36 Offence
- 37 Representative membership
- 38 Audit
- 39 General duty of NHS foundation trusts
- Supplementary
- 40 Interpretation of Part 1
- Part 2 Standards
- Chapter 1 Regulatory bodies
- 41 The Commission for Healthcare Audit and Inspection
- 42 The Commission for Social Care Inspection
- 43 Transfer of property etc to CHAI and CSCI
- 44 Abolition of former regulatory bodies
- Chapter 2 NHS health care: introductory
- 45 Quality in health care
- 46 Standards set by Secretary of State
- 47 Standards set by Assembly
- 47A Code of practice relating to health care associated infections
- 47B Consultation etc.
- 47C Effect of code under section 47A
- Chapter 3 NHS health care: functions of CHAI
- Healthcare provided by and for NHS bodies
- 48 Introductory
- 49 National performance data
- 50 Annual reviews
- 51 Reviews: England and Wales
- 52 Reviews and investigations: England
- 53 Failings
- 53A Failings in connection with code under section 47A: improvement notices
- 53B Code of practice: action by CHAI following service of improvement notice
- 54 Functions relating to Secretary of State and Assembly
- 55 Reviews of data
- 56 Co-ordination of reviews
- Other functions
- 57 Studies as to economy, efficiency etc
- 58 Additional functions
- Supplementary
- 59 Criteria
- 60 Provision of material
- 61 Co-operation between CHAI and the regulator
- 62 Fees
- 63 Fees: Wales
- 64 Reports and information
- 65 Co-operation between CHAI and the Audit Commission
- 66 Right of entry
- 67 Right of entry: supplementary
- 68 Power to require documents and information etc
- 69 Power to require explanation
- 69A Provision of information by Auditor General for Wales
- Chapter 4 NHS health care: functions of National Assembly for Wales
- Reviews and investigations
- 70 Reviews and investigations relating to Wales
- 71 Reporting to Secretary of State and regulator
- Ancillary powers
- 72 Right of entry
- 73 Right of entry: supplementary
- 74 Power to require documents and information
- 75 Power to require explanation
- Chapter 5 Social services: functions of CSCI
- Provision of social services
- 76 Introductory
- 77 Information and advice
- 78 Review of studies and research
- 79 Annual reviews
- 80 Other reviews and investigations
- 81 Failings
- Other functions
- 82 Studies as to economy, efficiency etc
- 83 Joint working with Audit Commission
- 84 Additional functions
- Supplementary
- 85 Criteria
- 86 Fees
- 87 Reports and information
- 88 Right of entry
- 89 Right of entry: supplementary
- 90 Power to require information etc
- 91 Power to require explanation
- Chapter 6 Social services: functions of National Assembly for Wales
- Provision of social services
- 92 General function
- 93 Reviews of studies and research
- 94 Reviews and investigations
- 95 Studies as to economy, efficiency etc
- 96 Additional functions
- 97 General considerations
- Ancillary powers
- 98 Right of entry
- 99 Right of entry: supplementary
- 100 Power to require information
- 101 Power to require explanation
- Chapter 7 Functions under the Care Standards Act 2000
- Functions of CHAI and CSCI
- 102 Transfer of functions to CHAI and CSCI
- 103 General functions of CHAI
- 104 General functions of CSCI
- 105 Fees
- Miscellaneous
- 106 Meaning of “independent medical agency”
- 107 Children’s homes providing secure accommodation
- 108 Information and inspection
- 109 Assembly: duties relating to children
- Chapter 8 Other functions of CSCI
- 110 Boarding schools and colleges
- 111 Boarding schools and colleges: reports
- 112 Secure training centres
- Chapter 9 Complaints
- 113 Complaints about health care
- 114 Complaints about social services: England
- 115 Complaints regulations: supplementary
- 116 Further consideration of representations under the Children Act 1989
- 117 Representations relating to special guardianship support services
- 118 Complaints about handling of complaints
- 119 Complaints: data protection
- 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
- 143 Use by Welsh Ministers of information
- 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
- 147 Minor and consequential amendments
- 148 Interpretation of Part 2
- 149 References to the provision of health care
- Part 3 Recovery of NHS charges
- NHS charges
- 150 Liability to pay NHS charges
- Certificates of NHS charges
- 151 Applications for certificates of NHS charges
- 152 Section 151: supplementary
- 153 Information contained in certificates
- Recovery of NHS charges
- 154 Payment of NHS charges
- 155 Recovery of NHS charges
- Review and appeal
- 156 Review of certificates
- 157 Appeal against a certificate or a waiver decision
- 158 Appeal tribunals
- 159 Appeal to Social Security Commissioner
- Information
- 160 Provision of information
- 161 Use of information held by the Secretary of State or the Scottish Ministers etc.
- Payments to hospitals or ambulance trusts
- 162 Payment of NHS charges to hospitals or ambulance trusts
- Miscellaneous and general
- 163 Regulations governing lump sums, periodical payments etc
- 164 Liability of insurers
- 165 Power to apply Part 3 to treatment at non-health service hospitals
- 166 The Crown
- 167 Regulations
- 168 Interpretation of Part 3
- 169 Consequential and minor repeals
- 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
- Primary medical services
- 174 Provision of primary medical services
- 175 General medical services contracts
- 176 General medical services: transitional
- 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
- Part 5 Miscellaneous
- Welfare Food Schemes
- 185 Replacement of the Welfare Food Schemes: Great Britain
- 186 Replacement of the Welfare Food Schemes: Northern Ireland
- Appointments and employment
- 187 Appointments to certain health and social care bodies
- 188 Appointments to certain health and social care bodies: joint functions
- 189 Validity of clearance for employment in certain NHS posts
- Public Health Laboratory Service Board
- 190 Abolition of Public Health Laboratory Service Board
- Other provisions
- 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
- 194 Interpretation
- 195 Orders and regulations
- 196 Repeals and revocations
- 197 Wales
- 198 Isles of Scilly
- 199 Commencement
- 200 Transitional or transitory provision and savings
- 201 Supplementary and consequential provision
- 202 Extent
- 203 Short title
- SCHEDULES
- SCHEDULE 1 Constitution of public benefit corporations
- Requirement for a constitution
- Eligibility for membership
- Constituencies
- Becoming a member
- Board of Governors
- Directors
- Initial directors of former NHS trusts
- Register of members etc.
- Auditor
- Accounts
- Annual reports and forward plans
- Meeting of board of governors to consider annual accounts and reports
- Instruments etc.
- SCHEDULE 2 Independent Regulator of NHS Foundation Trusts
- Membership
- Tenure of office
- Remuneration and pensions
- Staff
- Superannuation
- Procedure
- Delegation of functions
- General powers
- Specific powers
- Finance
- Reports and other information
- Seal and evidence
- General
- Amendments
- SCHEDULE 3 Transfer of staff
- SCHEDULE 4 Amendments relating to NHS foundation trusts
- The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
- The National Assistance Act 1948 (c. 29)
- The Public Records Act 1958 (c. 51)
- The Human Tissue Act 1961 (c. 54)
- The Abortion Act 1967 (c. 87)
- The Leasehold Reform Act 1967 (c. 88)
- The Health Services and Public Health Act 1968 (c. 46)
- The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
- The Local Government Act 1972 (c. 70)
- The House of Commons Disqualification Act 1975 (c. 24)
- The Race Relations Act 1976 (c. 74)
- The National Health Service Act 1977 (c. 49)
- The Acquisition of Land Act 1981 (c. 67)
- The Mental Health Act 1983 (c. 20)
- The National Audit Act 1983 (c. 44)
- The Public Health (Control of Disease) Act 1984 (c. 22)
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- The Company Directors Disqualification Act 1986 (c. 46)
- The AIDS (Control) Act 1987 (c. 33)
- The Copyright, Designs and Patents Act 1988 (c. 48)
- The Road Traffic Act 1988 (c. 52)
- The Children Act 1989 (c. 41)
- The National Health Service and Community Care Act 1990 (c. 19)
- The Town and Country Planning Act 1990 (c. 8)
- The Access to Health Records Act 1990 (c. 23)
- The Water Industry Act 1991 (c. 56)
- The London Local Authorities Act 1991 (c. xiii)
- The Health Service Commissioners Act 1993 (c. 46)
- The Vehicle Excise and Registration Act 1994 (c. 22)
- The Value Added Tax Act 1994 (c. 23)
- The Employment Rights Act 1996 (c. 18)
- The Housing Grants, Construction and Regeneration Act 1996 (c. 53)
- The Education Act 1996 (c. 56)
- The Data Protection Act 1998 (c. 29)
- The Health Act 1999 (c. 8)
- The Care Standards Act 2000 (c. 14)
- The Freedom of Information Act 2000 (c. 36)
- The Health and Social Care Act 2001 (c. 15)
- The Anti-terrorism, Crime and Security Act 2001 (c. 24)
- The International Development Act 2002 (c. 1)
- The National Health Service Reform and Health Care Professions Act 2002 (c. 17)
- The Adoption and Children Act 2002 (c. 38)
- The Nationality, Immigration and Asylum Act 2002 (c. 41)
- The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
- SCHEDULE 5 Audit of accounts of NHS foundation trusts
- General duty
- Right to documents and information
- Reports
- Referral to regulator
- Audit of accounts of directors or officers
- Restriction on disclosure of information
- SCHEDULE 6 CHAI: supplementary
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- SCHEDULE 7 CSCI: supplementary
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- SCHEDULE 8 CHAI and CSCI: transfers of property and staff, etc
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- SCHEDULE 9 Part 2: minor and consequential amendments
- Public Records Act 1958 (c. 52)
- Public Bodies (Admission to Meetings) Act 1960 (c. 67)
- Parliamentary Commissioner Act 1967 (c. 13)
- Local Authority Social Services Act 1970 (c. 42)
- Superannuation Act 1972 (c. 11)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- National Health Service Act 1977 (c. 49)
- Children Act 1989 (c. 41)
- Health Service Commissioners Act 1993 (c. 46)
- Audit Commission Act 1998 (c. 18)
- Government of Wales Act 1998 (c. 38)
- Protection of Children Act 1999 (c. 14)
- Local Government Act 1999 (c. 27)
- Care Standards Act 2000 (c. 14)
- Freedom of Information Act 2000 (c. 36)
- Adoption and Children Act 2002 (c. 38)
- SCHEDULE 10 Recovery of NHS charges: exempted payments
- SCHEDULE 11 Part 4: minor and consequential amendments
- National Health Service (Amendment) Act 1949 (c. 93)
- Health Services and Public Health Act 1968 (c. 46)
- Patents Act 1977 (c. 37)
- National Health Service Act 1977 (c. 49)
- National Health Service (Scotland) Act 1978 (c. 29)
- Medical Act 1983 (c. 54)
- Dentists Act 1984 (c. 24)
- Community Health Councils (Access to Information) Act 1988 (c. 24)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Health and Medicines Act 1988 (c. 49)
- National Health Service and Community Care Act 1990 (c. 19)
- Access to Health Records Act 1990 (c. 23)
- Water Industry Act 1991 (c. 56)
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
- Health Service Commissioners Act 1993 (c. 46)
- Employment Rights Act 1996 (c. 18)
- Education Act 1996 (c. 56)
- Health Act 1999 (c. 8)
- Freedom of Information Act 2000 (c. 36)
- Health and Social Care Act 2001 (c. 15)
- National Health Service Reform and Health Care Professions Act 2002 (c. 17)
- SCHEDULE 12 Privy Council appointments
- Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)
- Medical Act 1983 (c. 54)
- Dentists Act 1984 (c. 24)
- Opticians Act 1989 (c. 44)
- Osteopaths Act 1993 (c. 21)
- Chiropractors Act 1994 (c. 17)
- The Nursing and Midwifery Order 2001 (S.I. 2002/253)
- The Health Professions Order 2001 (S.I. 2002/254)
- SCHEDULE 13 Amendments consequential on the abolition of the Public Health Laboratory Service Board
- Parliamentary Commissioner Act 1967 (c. 13)
- House of Commons Disqualification Act 1975 (c. 24)
- Race Relations Act 1976 (c. 74)
- National Health Service Act 1977 (c. 49)
- Income and Corporation Taxes Act 1988 (c. 1)
- National Health Service and Community Care Act 1990 (c. 19)
- Health Service Commissioners Act 1993 (c. 46)
- Employment Rights Act 1996 (c. 18)
- Government of Wales Act 1998 (c. 38)
- Freedom of Information Act 2000 (c. 36)
- International Development Act 2002 (c. 1)
- Nationality, Immigration and Asylum Act 2002 (c. 41)
- SCHEDULE 14 Repeals and revocations
- Part 1 NHS foundation trusts
- Part 2 Standards
- Part 3 Recovery of NHS charges
- Part 4 Dental and medical services
- Part 5 Replacement of Welfare Food Schemes
- Part 6 Loans by Secretary of State to NHS trusts
- Part 7 Abolition of the Public Health Laboratory Service Board