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

2003 CHAPTER 43

CONTENTS

Go to Preamble

  1. Part 1

    NHS foundation trusts

    1. Introductory

      1. 1. NHS foundation trusts

      2. 2. Independent Regulator of NHS Foundation Trusts

      3. 3. General duty of regulator

    2. Authorisation

      1. 4. Applications by NHS trusts

      2. 5. Other applications

      3. 6. Authorisation of NHS foundation trusts

      4. 7. Effect of authorisation

      5. 8. Amendments of constitution

      6. 9. Variation of authorisation

      7. 10. Register of NHS foundation trusts

    3. Financial matters

      1. 11. Power of Secretary of State to give financial assistance

      2. 12. Prudential borrowing code

      3. 13. Public dividend capital

    4. Functions

      1. 14. Authorised services

      2. 15. Private health care

      3. 16. Protection of property

      4. 17. Financial powers

      5. 18. General powers

      6. 19. Information

      7. 20. Entry and inspection of premises

      8. 21. Fees

      9. 22. Trust funds and trustees

    5. Failure

      1. 23. Failing NHS foundation trusts

      2. 24. Voluntary arrangements

      3. 25. Dissolution etc.

      4. 26. Sections 24 and 25: supplementary

    6. Mergers

      1. 27. Mergers

      2. 28. Section 27: supplementary

    7. Co-operation

      1. 29. Co-operation between NHS bodies

    8. Patient and public involvement

      1. 30. Public involvement and consultation

      2. 31. Patients' Forums

      3. 32. Commission for Patient and Public Involvement in Health

    9. Miscellaneous

      1. 33. Taxation

      2. 34. Other amendments relating to NHS foundation trusts

      3. 35. Conduct of elections

      4. 36. Offence

      5. 37. Representative membership

      6. 38. Audit

      7. 39. General duty of NHS foundation trusts

    10. Supplementary

      1. 40. Interpretation of Part 1

  2. Part 2

    Standards

    1. Chapter 1

      Regulatory bodies

      1. 41. The Commission for Healthcare Audit and Inspection

      2. 42. The Commission for Social Care Inspection

      3. 43. Transfer of property etc to CHAI and CSCI

      4. 44. Abolition of former regulatory bodies

    2. Chapter 2

      NHS health care: introductory

      1. 45. Quality in health care

      2. 46. Standards set by Secretary of State

      3. 47. Standards set by Assembly

    3. Chapter 3

      NHS health care: functions of CHAI

      1. Healthcare provided by and for NHS bodies

        1. 48. Introductory

        2. 49. National performance data

        3. 50. Annual reviews

        4. 51. Reviews: England and Wales

        5. 52. Reviews and investigations: England

        6. 53. Failings

        7. 54. Functions relating to Secretary of State and Assembly

        8. 55. Reviews of data

        9. 56. Co-ordination of reviews

      2. Other functions

        1. 57. Studies as to economy, efficiency etc

        2. 58. Additional functions

      3. Supplementary

        1. 59. Criteria

        2. 60. Provision of material

        3. 61. Co-operation between CHAI and the regulator

        4. 62. Fees

        5. 63. Fees: Wales

        6. 64. Reports and information

        7. 65. Co-operation between CHAI and the Audit Commission

        8. 66. Right of entry

        9. 67. Right of entry: supplementary

        10. 68. Power to require documents and information etc

        11. 69. Power to require explanation

    4. Chapter 4

      NHS health care: functions of National Assembly for Wales

      1. Reviews and investigations

        1. 70. Reviews and investigations relating to Wales

        2. 71. Reporting to Secretary of State and regulator

      2. Ancillary powers

        1. 72. Right of entry

        2. 73. Right of entry: supplementary

        3. 74. Power to require documents and information

        4. 75. Power to require explanation

    5. Chapter 5

      Social services: functions of CSCI

      1. Provision of social services

        1. 76. Introductory

        2. 77. Information and advice

        3. 78. Review of studies and research

        4. 79. Annual reviews

        5. 80. Other reviews and investigations

        6. 81. Failings

      2. Other functions

        1. 82. Studies as to economy, efficiency etc

        2. 83. Joint working with Audit Commission

        3. 84. Additional functions

      3. Supplementary

        1. 85. Criteria

        2. 86. Fees

        3. 87. Reports and information

        4. 88. Right of entry

        5. 89. Right of entry: supplementary

        6. 90. Power to require information etc

        7. 91. Power to require explanation

    6. Chapter 6

      Social services: functions of National Assembly for Wales

      1. Provision of social services

        1. 92. General function

        2. 93. Reviews of studies and research

        3. 94. Reviews and investigations

        4. 95. Studies as to economy, efficiency etc

        5. 96. Additional functions

        6. 97. General considerations

      2. Ancillary powers

        1. 98. Right of entry

        2. 99. Right of entry: supplementary

        3. 100. Power to require information

        4. 101. Power to require explanation

    7. Chapter 7

      Functions under the Care Standards Act 2000

      1. Functions of CHAI and CSCI

        1. 102. Transfer of functions to CHAI and CSCI

        2. 103. General functions of CHAI

        3. 104. General functions of CSCI

        4. 105. Fees

      2. Miscellaneous

        1. 106. Meaning of “independent medical agency”

        2. 107. Children’s homes providing secure accommodation

        3. 108. Information and inspection

        4. 109. Assembly: duties relating to children

    8. Chapter 8

      Other functions of CSCI

      1. 110. Boarding schools and colleges

      2. 111. Boarding schools and colleges: reports

      3. 112. Secure training centres

    9. Chapter 9

      Complaints

      1. 113. Complaints about health care

      2. 114. Complaints about social services

      3. 115. Complaints regulations: supplementary

      4. 116. Further consideration of representations under the Children Act 1989

      5. 117. Representations relating to special guardianship support services

      6. 118. Complaints about handling of complaints

      7. 119. Complaints: data protection

    10. Chapter 10

      Supplementary and general

      1. Joint working

        1. 120. Co-operation etc

        2. 121. Reviews and investigations

        3. 122. Joint annual reviews

        4. 123. Power to assist

      2. Arrangements with public authorities

        1. 124. Arrangements with Ministers etc: CHAI

        2. 125. Arrangements with Ministers etc: CSCI

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

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

      3. Reports

        1. 128. Reports: CHAI

        2. 129. Reports: CSCI

      4. Relationship with government

        1. 130. Duty to have regard to government policy: CHAI

        2. 131. Duty to have regard to government policy: CSCI

        3. 132. Failure in discharge of functions: CHAI

        4. 133. Failure in discharge of functions: CSCI

      5. Inquiries

        1. 134. Inquiries: CHAI

        2. 135. Inquiries: CSCI

      6. Information

        1. 136. Disclosure of information obtained by CHAI

        2. 137. Section 136: defence

        3. 138. Information obtained by CHAI: supplementary

        4. 139. Information obtained by CSCI: supplementary

        5. 140. Code of practice: CHAI

        6. 141. Code of practice: CSCI

      7. Wales: supplementary

        1. 142. Annual reports of Assembly

        2. 143. Use by Assembly of information

        3. 144. Inquiries: Wales

        4. 145. Co-operation between Assembly and CHAI

      8. General

        1. 146. Offences by bodies corporate

        2. 147. Minor and consequential amendments

        3. 148. Interpretation of Part 2

        4. 149. References to the provision of health care

  3. Part 3

    Recovery of NHS charges

    1. NHS charges

      1. 150. Liability to pay NHS charges

    2. Certificates of NHS charges

      1. 151. Applications for certificates of NHS charges

      2. 152. Section 151: supplementary

      3. 153. Information contained in certificates

    3. Recovery of NHS charges

      1. 154. Payment of NHS charges

      2. 155. Recovery of NHS charges

    4. Review and appeal

      1. 156. Review of certificates

      2. 157. Appeal against a certificate or a waiver decision

      3. 158. Appeal tribunals

      4. 159. Appeal to Social Security Commissioner

    5. Information

      1. 160. Provision of information

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

    6. Payments to hospitals or ambulance trusts

      1. 162. Payment of NHS charges to hospitals or ambulance trusts

    7. Miscellaneous and general

      1. 163. Regulations governing lump sums, periodical payments etc

      2. 164. Liability of insurers

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

      4. 166. The Crown

      5. 167. Regulations

      6. 168. Interpretation of Part 3

      7. 169. Consequential and minor repeals

  4. Part 4

    Dental and medical services

    1. Primary dental services

      1. 170. Provision of primary dental services

      2. 171. Dental public health

      3. 172. General dental services contracts

      4. 173. General dental services: transitional

    2. Primary medical services

      1. 174. Provision of primary medical services

      2. 175. General medical services contracts

      3. 176. General medical services: transitional

    3. Primary dental and medical services: supplementary

      1. 177. Arrangements under section 28C of the 1977 Act

      2. 178. Abolition of pilot schemes

      3. 179. Persons performing primary medical and dental services

      4. 180. Assistance and support

    4. Dental services: miscellaneous

      1. 181. Abolition of Dental Practice Board

      2. 182. Special Health Authorities

      3. 183. Charges for dental services

    5. General

      1. 184. Minor and consequential amendments

  5. Part 5

    Miscellaneous

    1. Welfare Food Schemes

      1. 185. Replacement of the Welfare Food Schemes: Great Britain

      2. 186. Replacement of the Welfare Food Schemes: Northern Ireland

    2. Appointments and employment

      1. 187. Appointments to certain health and social care bodies

      2. 188. Appointments to certain health and social care bodies: joint functions

      3. 189. Validity of clearance for employment in certain NHS posts

    3. Public Health Laboratory Service Board

      1. 190. Abolition of Public Health Laboratory Service Board

    4. Other provisions

      1. 191. Loans by Secretary of State to NHS trusts

      2. 192. Amendment of provision relating to reform of Welsh health authorities

  6. Part 6

    Final provisions

    1. 193. Financial provisions

    2. 194. Interpretation

    3. 195. Orders and regulations

    4. 196. Repeals and revocations

    5. 197. Wales

    6. 198. Isles of Scilly

    7. 199. Commencement

    8. 200. Transitional or transitory provision and savings

    9. 201. Supplementary and consequential provision

    10. 202. Extent

    11. 203. Short title

    1. Schedule 1

      Constitution of public benefit corporations

    2. Schedule 2

      Independent Regulator of NHS Foundation Trusts

    3. Schedule 3

      Transfer of staff

    4. Schedule 4

      Amendments relating to NHS foundation trusts

    5. Schedule 5

      Audit of accounts of NHS foundation trusts

    6. Schedule 6

      CHAI: supplementary

    7. Schedule 7

      CSCI: supplementary

    8. Schedule 8

      CHAI and CSCI: transfers of property and staff, etc

    9. Schedule 9

      Part 2: minor and consequential amendments

    10. Schedule 10

      Recovery of NHS charges: exempted payments

    11. Schedule 11

      Part 4: minor and consequential amendments

    12. Schedule 12

      Privy Council appointments

    13. Schedule 13

      Amendments consequential on the abolition of the Public Health Laboratory Service Board

    14. Schedule 14

      Repeals and revocations

      1. Part 1

        NHS foundation trusts

      2. Part 2

        Standards

      3. Part 3

        Recovery of NHS charges

      4. Part 4

        Dental and medical services

      5. Part 5

        Replacement of Welfare Food Schemes

      6. Part 6

        Loans by Secretary of State to NHS trusts

      7. Part 7

        Abolition of the Public Health Laboratory Service Board

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

[20th November 2003]

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

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