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Health and Social Care Act 2001 (c. 15)

(The document as of February, 2008)

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Health and Social Care Act 2001

2001 CHAPTER 15

CONTENTS

Content
  1. Part 1

    National Health Service

    1. Health service funding

      1. 1. Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

      2. 2. Payments relating to past performance

      3. 3. Supplementary payments to NHS trusts and Primary Care Trusts

      4. 4. Public-private partnerships

      5. 5. Income generation

    2. Terms of employment of health service employees

      1. 6. Terms and conditions of employment by health service bodies

    3. Local authority scrutiny of health service provision

      1. 7. Functions of overview and scrutiny committees

      2. 8. Joint overview and scrutiny committees etc.

      3. 9. Overview and scrutiny committees: exempt information

      4. 10. Application to the City of London

    4. Public involvement and consultation

      1. 11. Public involvement and consultation

    5. Independent advocacy services

      1. 12. Independent advocacy services

    6. Intervention powers

      1. 13. Intervention orders

    7. Abolition of Medical Practices Committee and National Health Service Tribunal

      1. 14. Abolition of Medical Practices Committee

      2. 15. Vacancies for medical practitioners

      3. 16. Abolition of NHS Tribunal

    8. General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services

      1. 17. Remuneration of general medical practitioners

      2. 18. Out of hours medical services

      3. 19. Enhanced criminal record certificates

      4. 20. Medical, dental, ophthalmic and pharmaceutical etc. lists

      5. 21. Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

      6. 22. Dental corporations

      7. 23. Declaration of financial interests, gifts, etc.

      8. 24. Supplementary lists

      9. 25. Suspension and disqualification of practitioners

    9. Personal medical services and personal dental services

      1. 26. PMS and PDS lists

    10. The Family Health Services Appeal Authority

      1. 27<

  2. Part 2

    Pharmaceutical Services

    1. Chapter 1

      Local Pharmaceutical Services

      1. Preparation and making of pilot schemes

        1. 28. Pilot schemes

        2. 29. Making pilot schemes

        3. 30. Designation of priority neighbourhoods or premises

      2. Reviews, variation and termination of pilot schemes

        1. 31. Reviews of pilot schemes

        2. 32. Variation and termination of pilot schemes

      3. NHS contracts and financial provisions

        1. 33. NHS contracts

        2. 34. Funding of preparatory work

        3. 35. Charges, recovery of payments and penalties

      4. General

        1. 36. Effect of the 1977 Act

        2. 37. Premises from which piloted services may be provided

        3. 38. Control of entry regulations

      5. Assessing the result of pilot schemes

        1. 39. Assessing pilot schemes

      6. Provision for local pharmaceutical schemes

        1. 40. Provision for LPS schemes

      7. Corresponding provision, etc.

        1. 41. Corresponding provision and application of enactments

    2. Chapter 2

      Changes to existing arrangements

      1. England and Wales

        1. 42. Dispensing of NHS prescriptions and provision of pharmaceutical services

        2. 43. Remote provision of pharmaceutical, etc. services

      2. Scotland

        1. 44. Dispensing of NHS prescriptions

  3. Part 3

    Care Trusts and Partnership Arrangements

    1. 45. Care Trusts

    2. 46. Directed partnership arrangements

    3. 47. Further provisions about directions in connection with directed partnership arrangements and Care Trusts

    4. 48. Transfer of staff in connection with partnership arrangements

  4. Part 4

    Social Care

    1. Nursing care

      1. 49. Exclusion of nursing care from community care services

    2. Preserved rights

      1. 50. Preserved rights: transfer to local authorities of responsibilities as to accommodation

      2. 51. Preserved rights: disclosure of information

      3. 52. Preserved rights: alignment of social security benefits

    3. Measures to increase availability of Part 3 accommodation

      1. 53. Disregarding of resources when determining need for residential accommodation

      2. 54. Funding by resident etc. of more expensive accommodation

      3. 55. Power for local authorities to take charges on land instead of contributions

      4. 56. Cross-border placements

    4. Direct payments

      1. 57. Direct payments

      2. 58. Direct payments in respect of children

    5. Supplementary

      1. 59. Interpretation of Part 4

  5. Part 5

    Miscellaneous and supplementary

    1. Patient information

      1. 60. Control of patient information

      2. 61. Patient Information Advisory Group

    2. Services for disabled people

      1. 62. Reports to Parliament on services for disabled people

    3. Prescribing rights

      1. 63. Extension of prescribing rights

    4. Supplementary

      1. 64. Regulations and orders

      2. 65. Supplementary and consequential provision etc

      3. 66. Interpretation

      4. 67. Minor and consequential amendments and repeals

      5. 68. Powers of National Assembly for Wales under amended Acts

      6. 69. Financial provisions

      7. 70. Short title, commencement and extent

    1. Schedule 1

      Exempt information relating to health services

      1. Part 1

        Descriptions of exempt information

      2. Part 2

        Qualifications

      3. Part 3

        Interpretation

    2. Schedule 2

      Pilot Schemes

    3. Schedule 3

      LPS Schemes

    4. Schedule 4

      Partnership Arrangements: Transfer of Staff

    5. Schedule 5

      Minor and consequential amendments

      1. Part 1

        National Health Service

      2. Part 2

        Social Care

      3. Part 3

        Patient InInformation

    6. Schedule 6

      Repeals

      1. Part 1

        National Health Service

      2. Part 2

        Pharmaceutical Services

      3. Part 3

        Social Care

Act to amend the law about the national health service; to provide for the exercise of functions by Care Trusts under partnership arrangements under the Health Act 1999 and to make further provision in relation to such arrangements; to make further provision in relation to social care services; to make provision in relation to the supply or other processing of patient information; to extend the categories of appropriate practitioners in relation to prescription-only medicinal products; and for connected purposes.

[11th May 2001]

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:--



Part 1 National Health Service

Health service funding

1 Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

(1) Part 4 of the National Health Service Act 1977 (c. 49) (property and finance) shall be amended as follows.

(2) In section 97 (payments to Health Authorities and Special Health Authorities), after subsection (3) there shall be inserted--

" (3AA) In determining the amount to be allotted for any year to a Health Authority under subsection (3) above (or in varying the amount under subsection (5) below), the Secretary of State may take into account (in whatever way he thinks appropriate)--

(a) the Authority's general Part 2 expenditure, and

(b) expenditure which would have been the Authority's general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of that expenditure as he thinks appropriate). "

(3) In section 97AA (resource limits for Health Authorities and Special Health Authorities), after subsection (2) there shall be inserted--

" (2A) But in specifying an amount for a Health Authority under subsection (1) above (or in varying the amount under subsection (6) below), the Secretary of State may take into account (in whatever way he thinks appropriate)--

(a) any such use of resources, and

(b) the use of any resources which would have been for the purpose of the Authority's general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of such uses of resources as he thinks appropriate). "

(4) In section 97C (public funding of Primary Care Trusts), after subsection (1) there shall be inserted--

" (1A) In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b) above (or in varying the amount under subsection (3) below), the Authority may take into account, in whatever way they think appropriate, but subject to any directions, the distribution within their area of--

(a) their general Part 2 expenditure, and

(b) expenditure which would have been their general Part 2 expenditure but for an order under section 103(1) below,

during any period the Authority think appropriate (or such elements of that expenditure as they think appropriate). "

(5) In section 97E (resource limits for Primary Care Trusts), after subsection (2) there shall be inserted--

" (2A) But in specifying an amount for a Primary Care Trust under subsection (1) above (or in varying the amount under subsection (4) below), the Health Authority may take into account, in whatever way they think appropriate, but subject to any directions, the distribution within their area of--

(a) their use of resources for the purpose of their general Part 2 expenditure, and

(b) the use of any resources which would have been for the purpose of their general Part 2 expenditure but for an order under section 103(1) below,

during any period they think appropriate (or such elements of such uses of resources as they think appropriate). "

2 Payments relating to past performance

(1) Section 97 of the 1977 Act (means of meeting expenditure of Health Authorities out of public funds) shall be amended as follows.

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

" (3C) Where the Secretary of State has made an initial determination of the amount ("the initial amount") to be allotted for any year to a Health Authority under subsection (3) above, he may increase the initial amount by a further sum if it appears to him that over a period notified to the Authority--

(a) they satisfied any objectives notified to them as objectives to be met in performing their functions, or

(b) they performed well against any criteria notified to them as criteria relevant to the satisfactory performance of their functions (whether or not the method of measuring their performance against those criteria was also notified to them). "

(3) In subsection (3D), for "Health Authorities" there shall be substituted "the Health Authority".

3 Supplementary payments to NHS trusts and Primary Care Trusts

(1) After paragraph 5 of Schedule 3 to the National Health Service and Community Care Act 1990 (c. 19) (which makes financial provision about NHS trusts) there shall be inserted--

" Supplementary payments

5A (1) If the Secretary of State considers it appropriate to do so, he may make a payment to the trust.

(2) The payment may be subject to such conditions as he thinks fit to impose, including conditions as to repayment. "

(2) In section 9 of the 1990 Act (financial provisions relating to NHS trusts), in subsection (9), after paragraph (c) there shall be inserted--

" (ca) the making of supplementary payments to them; " .

(3) In section 97C of the 1977 Act (public funding of Primary Care Trusts), after subsection (5) there shall be inserted--

" (5A) If the Secretary of State considers it appropriate to do so, he may make a supplementary payment to a Primary Care Trust, which may be subject to such conditions as he thinks fit to impose, including conditions as to repayment. "

(4) In section 97D of the 1977 Act (financial duties of Primary Care Trusts), in subsection (1)(b), after "section" there shall be inserted ", apart from subsection (5A)".

4 Public-private partnerships

After section 96B of the 1977 Act there shall be inserted--



" Companies
96C Public-private partnerships

(1) The Secretary of State may form, or participate in forming, companies to provide facilities or services for--

(a) persons or bodies exercising functions, or otherwise providing services, under this Act; or

(b) NHS trusts.

(2) The Secretary of State may, with a view to securing or facilitating the provision by companies of facilities or services for persons or bodies falling within subsection (1)(a) or (b)--

(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or

(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,

or both.

(3) For the purposes of subsections (1) and (2) above it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided--

(a) only to persons or bodies falling within subsection (1)(a) or (b); or

(b) to persons or bodies falling within subsection (1)(a) only in their capacities as persons or bodies such as are mentioned in that provision.

(4) In this section--

  • "companies" means companies within the meaning of the Companies Act 1985 (c. 6);

  • "facilities" includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus.

(5) This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section. "

5 Income generation

In section 7 of the Health and Medicines Act 1988 (c. 49) (additional powers for financing Health Service), after subsection (7) there shall be inserted--

" (7A) The power specified in paragraph (g) of subsection (2) above includes power for the Secretary of State--

(a) to form, or participate in the forming of, companies,

(b) to invest in companies (whether by acquiring assets, securities or rights or otherwise), and

(c) to provide loans and guarantees and make other kinds of financial provision to or in respect of companies,

where it appears to him that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.

(7B) In subsection (7A) above "companies" means companies within the meaning of the Companies Act 1985 (c. 6); and that subsection is without prejudice to--

(a) the generality of paragraph (g) of subsection (2) above, and

(b) any powers of the Secretary of State exercisable otherwise than by virtue of this section. "



Terms of employment of health service employees

6 Terms and conditions of employment by health service bodies

(1) In Schedule 5 to the 1977 Act (Health Authorities), in paragraph 10(1) (staff)--

(a) for "at such remuneration and on such conditions of service" there shall be substituted "and pay its officers such remuneration and allowances, and employ them on such other terms and conditions,"; and

(b) for "may contain provision--" there shall be substituted "may make provision with respect to any matter connected with the employment by an authority of its officers, including in particular provision--".

(2) In Schedule 5A to the 1977 Act (Primary Care Trusts)--

(a) for paragraph 8 there shall be substituted--

" 8 (1) A Primary Care Trust may employ such officers as it thinks fit.

(2) Subject to sub-paragraph (3) below, a trust may--

(a) pay its officers such remuneration and allowances, and

(b) employ them on such other terms and conditions,

as it thinks fit.

(3) A trust shall--

(a) in exercising its powers under sub-paragraph (2) above, and

(b) otherwise in connection with the employment of its officers,

act in accordance with regulations and any directions given by the Secretary of State.

(4) Before making any regulations under sub-paragraph (3) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations. " ; and

(b) in paragraph 11 (remuneration and pensions etc), sub-paragraph (2) (remuneration and allowances payable to officers of a Primary Care Trust) shall accordingly be omitted.

(3) In paragraph 16 of Schedule 2 to the 1990 Act (general powers of National Health Service Trusts)--

(a) sub-paragraph (1)(d) (general power to employ staff) shall be omitted; and

(b) after sub-paragraph (2) there shall be inserted--

" (3) An NHS trust may employ such staff as it thinks fit.

(4) Subject to sub-paragraph (5) below, an NHS trust may--

(a) pay its staff such remuneration and allowances, and

(b) employ them on such other terms and conditions,

as it thinks fit.

(5) An NHS trust shall--

(a) in exercising its powers under sub-paragraph (4) above, and

(b) otherwise in connection with the employment of its staff,

act in accordance with regulations and any directions given by the Secretary of State.

(6) Before making any regulations under sub-paragraph (5) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations. "



Local authority scrutiny of health service provision

7 Functions of overview and scrutiny committees

(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted--

" (f) in the case of the overview and scrutiny committee or committees of an authority to which section 7 of the Health and Social Care Act 2001 applies, to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning of that section) in the authority's area, and to make reports and recommendations on such matters in accordance with the regulations. "

(2) This section applies to--

(a) any county council,

(b) any county borough council,

(c) the council of any district comprised in an area for which there is no county council,

(d) any London borough council.

(3) Regulations may, in relation to an overview and scrutiny committee of an authority to which this section applies, make provision--

(a) as to matters relating to the health service in the authority's area which the committee may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which the committee may make reports and recommendations to local NHS bodies,

(c) as to matters on which local NHS bodies must consult the committee in accordance with the regulations,

(d) as to information which local NHS bodies must provide to the committee,

(e) as to information which may not be disclosed by a local NHS body to the committee,

(f) requiring any officer of a local NHS body to attend before the committee to answer questions.

(4) For the purposes of any provision of subsection (3) "local NHS body", in relation to an overview and scrutiny committee, means a Health Authority, Primary Care Trust or NHS trust specified for those purposes by regulations in relation to the committee.

(5) In this section--

  • "the health service" has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority;

  • "section 31 arrangements" means arrangements under regulations under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities).

8 Joint overview and scrutiny committees etc.

(1) In this section, "relevant functions"--

(a) in relation to a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22) ("the 2000 Act"), are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of that Act by an overview and scrutiny committee of that authority, and

(b) in relation to a local authority operating alternative arrangements under that Part, are any corresponding functions which are, or, but for regulations under this section, would be, exercisable by a committee of the authority falling within paragraph (b) of section 32(1) of that Act;

and references to an overview and scrutiny committee include references to a committee falling within that paragraph.

(2) Regulations may make provision under which--

(a) two or more local authorities may appoint a joint committee of those authorities (a "joint overview and scrutiny committee") and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee;

(b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority;

(c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as--

(i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or

(ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.

(3) The regulations may in particular--

(a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations;

(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of section 21(4) and (6) to (15) of the 2000 Act or section 9 of, and Schedule 1 to, this Act, with or without modifications.

(4) The regulations may require, or enable the relevant authority to direct, a local authority--

(a) to make arrangements of any description within subsection (2), and

(b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the relevant authority may direct.

(5) In section 7(3) and (4), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.

(6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.

(7) Section 21(4) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).

(8) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).

(9) In this section "local authority" means a county council, county borough council, district council or London borough council.

9 Overview and scrutiny committees: exempt information

(1) This section applies in relation to any item of business at a meeting of an overview and scrutiny committee which is an item relating to functions of the committee under section 21(2)(f) of the Local Government Act 2000 (c. 22).

(2) In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (c. 70) (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information which are for the time being specified in Part 1 of Schedule 1 to this Act, but subject to any qualifications contained in Part 2 of that Schedule.

(3) Part 3 of that Schedule has effect for the interpretation of that Schedule.

(4) The relevant authority may by order vary that Schedule--

(a) by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, or

(b) by deleting or varying any description or other provision for the time being specified or contained in that Schedule.

(5) The relevant authority may exercise the power conferred by subsection (4) by amending any Part of Schedule 1, with or without amendment of any other Part.

(6) In this section and Schedule 1 "relevant body" means a body in respect of which overview and scrutiny committees exercise functions under regulations under section 7.

10 Application to the City of London

(1) The Common Council may establish a committee which has, in relation to the City of London, the powers which under section 21(2)(f) of the Local Government Act 2000 a local authority's overview and scrutiny committee has in relation to the authority's area.

(2) Sections 7(3) to (5), 8 and 9 and Schedule 1 apply as if such a committee were an overview and scrutiny committee and as if the Common Council were a London borough council.

(3) Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission--

(a) of subsections (1) to (3), (5) and (9),

(b) in subsection (8), of "Executive",

(c) in subsection (11), of paragraph (b), and

(d) in subsection (13)(a), of the reference to members of the executive.

(4) In the provisions applied by subsections (2) and (3), references to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection.

(5) "The Common Council" means the Common Council of the City of London.



Public involvement and consultation

11 Public involvement and consultation

(1) It is the duty of every body to which this section applies to make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on--

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(c) decisions to be made by that body affecting the operation of those services.

(2) This section applies to--

(a) Health Authorities,

(b) Primary Care Trusts, and

(c) NHS trusts.

(3) For the purposes of this section a body is responsible for health services--

(a) if the body provides or is to provide those services to individuals, or

(b) if another person provides, or is to provide, those services to individuals--

(i) at that body's direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by that body with that other person;

and references in this section to the provision of services include references to the provision of services jointly with another person.



Independent advocacy services

12 Independent advocacy services

After section 19 of the 1977 Act there shall be inserted--

" 19A Independent advocacy services

(1) It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) "Independent advocacy services" are services providing assistance (by way of representation or otherwise) to individuals making or intending to make--

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c) a complaint of a prescribed description which relates to the provision of services as part of the health service and--

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)--

  • "health service body" means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

  • "independent provider" means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4) The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6) The Secretary of State may make payments to any person in pursuance of arrangements under this section. "



Intervention powers

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13 Intervention orders

(1) After section 84 of the 1977 Act there shall be inserted--

" 84A Intervention orders

(1) If the Secretary of State--

(a) is of the opinion that a body to which this section applies is not performing one or more of its functions adequately or at all, or that there are significant failings in the way the body is being run, and

(b) is satisfied that it is appropriate for him to intervene under this section,

he may make an order under this section in respect of the body (an "intervention order").

(2) The bodies to which this section applies are--

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